MMF/Moriarty Claim Form - old Northway Broker Limited PDL

[hammyhound]

Name of the Claimant ? Motormile Finance

 

Date of issue – top right hand corner of the claim form – 24th July 2017

 

What is the claim for –

1.The Defendant owes the Claimant £300 under a regulated loan agreement with Northway Broker Limited dated 1st March 2012 and which was assigned to the Claimant on 09.05.2014 and notice of which was given to the Defendant on 09.05.2014 (debt).

2. Despite formal demand for payment of the debt the Defendant has failed to pay

3.and the Claimant claims £300

and further claims interest thereon pursuant to Section 69 of the County Court Act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £30.

 

What is the value of the claim? £300

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? PDL

 

When did you enter into the original agreement before or after 2007? after

 

Has the claim been issued by the original creditor or was the account assigned

and it is the Debt purchaser who has issued the claim. MMF

Were you aware the account had been assigned – did you receive a Notice of Assignment? really cannot remember

Did you receive a Default Notice from the original creditor? No

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No only doorstep threats up until last year

Why did you cease payments? as far as I know never made any payment

 

What was the date of your last payment? as above

Was there a dispute with the original creditor that remains unresolved? no dont know who the original creditor is

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no

 

 

I like others have received a claim form from Moriarty Law.

 

 

Here are the details.

Just about to file an AoS on file and lodge CPR letter with Moriarty.

 

 

Anything else I need to do

- cannot for the life of me know what this is for.

 

[dx100uk]

Twill Be a Pounds Till Payday PDL debt.

 

 

dx

[hammyhound]

Thanks DX - still unsure I had one. Sent off the CPR letter today anyhow. Hopefully they will come back with everything required to proceed further . Will keep an eye on my defence lodging time.

 

Hammyhound

[dx100uk]

don't forget the CCA request!! that's legally binding

they can ignore CPR and Moriarty Law do too!

 

 

have you done {AOS}

[hammyhound]

Yes DX already done so I will keep an eye on timing. CCA request already done to MMF

[dx100uk]

don't miss your defence filing date no matter what happens

[hammyhound]

Already preparing it subject to anything I receive from MMF/Moriarty. If I dont hear anything by next Friday (17 days from service) its going in. If they have anything they will send it.

[dx100uk]

by 4pm 25th aug.

 

 

post it up here first

[hammyhound]

HI Guys,

 

Can you check my defence below. I have not mentioned the fact that no default notice was served as they do not mention it in their particulars of claim. Have I missed anything or anything to add - would be grateful for your comments.

 

Particulars of Claim for reference only

 

1.The Defendant owes the Claimant £300 under a regulated loan agreement with Northway Broker Limited dated 1st March 2012 and which was assigned to the Claimant on 09.05.2014 and notice of which was given to the Defendant on 09.05.2014 (debt).

 

2. Despite formal demand for payment of the debt the Defendant has failed to pay

 

3.and the Claimant claims £300

and further claims interest thereon pursuant to Section 69 of the county court Act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £30.

Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. It is denied with regards to an amount due under an agreement. The Claimant’s Solicitor has not disclosed any agreement or statements on which its claim relies upon.

 

3. On receipt of this claim I requested information pertaining to this claim by way of a CPR 31.14. To date I have yet to receive a compliant response. This was posted on 31st July 2017. To date I have had no response.

 

4. I requested information by way of a Section 78 request on 31st July 2017. To date I have yet to receive a response complying with the request. To date they have failed to comply and remain in default.

 

Therefore with the court’s permission the Claimant is put to strict proof to:

 

(a) Show and disclose how the Defendant has entered into an agreement;

 

(b) Show and disclose how the Claimant has reached the amount claimed for;

 

© Show how the agreement was breached/terminated to allow the claimant relief.

 

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Edited August 19, 2017 by Andyorch
Particulars added for reference

[hammyhound]

Can anyone check my defence for me before I lodged it at court. I wont be able to access the internet from Wednesday so I would like to file it either this evening or tomorrow.

 

Thanks in advance

 

Hammyhound

[dx100uk]

looks a bit sparse to me

see

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=Moriarty+Claim+Form+&sa=Search+CAG#gsc.tab=0&gsc.q=Moriarty%20Claim%20Form&gsc.page=1

[hammyhound]

Thanks DX helpful as ever.

 

Particulars of Claim for reference only

 

1.The Defendant owes the Claimant £300 under a regulated loan agreement with Northway Broker Limited dated 1st March 2012 and which was assigned to the Claimant on 09.05.2014 and notice of which was given to the Defendant on 09.05.2014 (debt).

 

2. Despite formal demand for payment of the debt the Defendant has failed to pay

 

3.and the Claimant claims £300

and further claims interest thereon pursuant to Section 69 of the county courticon Act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £30.

 

Spruced up a bit.

 

1. The Defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. The Claimant claims £300 is owed under a regulated loan agreement with Northway Broker Limited. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 77 request who are yet to fully comply.

 

3. The Claimant's statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served on 09.05.2014 from either the Claimant or Northway Broker Limited

 

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show and evidence any cause of action and service of a Default Notice

© show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimant's Particulars of Claim to establish what the claim is for. To date the Claimant's solicitors, Moriarty Law, have failed to fully comply with this request.

 

6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the Consumer Credit Act 1974.

 

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[AndyOrch]

Yes thats fine HH

 

Regards

 

Andy

[hammyhound]

Thanks Andy and DX. Defence submitted - I await their response.

[hammyhound]

Just a little update, today received a letter from Moriarty to say they have my defence and their client will be proceeding. Hmm where are my documents please. Can they proceed without these surely not

[AndyOrch]

They do not have to disclose documents yet...thats later in the process (after allocation)

[hammyhound]

Thanks Andy.

 

After reading John W postings they sent him the documents after he filed his defence so that's what I thought I would receive. Hey ho another fight then. Will come back when I get anything.

[hammyhound]

Now received directions questionnaire for small claims track - will fill it in and update when receive anything

Edited September 20, 2017 by hammyhound
spelling

[hammyhound]

Got a court order today saying that if I did not file my AQ within 7 days the Claimant can enter judgment as they have filed theirs. This is despite sending by email on 21st September and the court acknowledging receipt.

I also cc'd Moriarty and they acknowledged some days later.

 

I have again today sent the same email and again I have received the auto response saying they have got my email.

 

Is there anything else I should do.

I am so mad at the court.

 

I have checked MCOL and that says AQ received by Claimant on 25th September but then says notification removed on 26th and a sanctions order sent on 10th October.

What on earth is going on.

Please help.

 

Ring northants bulk monday

[hammyhound]

Now received email saying mediation is proposed to take place in November.

I have written back to the mediators saying that despite the fact I am prepared to mediate I cannot do so until all the documents requested by me are received and it would be impossible to mediate with just a claim form.

Has anyone heard of mediation taking place without the documents.

[AndyOrch]

No.....given your response it wont happen and will proceed to trial.

[dx100uk]

no and if you read a few threads you'll see that you should agree to mediation UNTIL you get the actual mediation call

then they will ask the same 3 questions as the letter

have you received all the necessary paperwork .. its then you say NO.

 

this is to show you are going along with the spirit of mediation in giving the claimant time to respond.

[hammyhound]

thanks to you both I will await their call anyway but just wanted to let them know that I had not received any documents

[hammyhound]

Mediation have sent me an email thanking me for informing them of the situation. They will refer the matter back to court as clearly mediation cannot take place.

[hammyhound]

Court Order has arrived, my hearing is in January.

 

Claimants to pay the fee mid December failing which it will be struck out and Defendant' costs be paid.

 

I have to prepare a witness statement so will take my time to make sure I get it right.

Still no documents.

 

Claimants have to send me and court documents they will rely on 14 days before the hearing and bring the originals to court.

 

I am not relying on anything as I have not received anything.

 

Will come back over the coming weeks for someone to have a look at my statement although I dont really know what to put in it as it states

"the witness statement should give details of what you are relying on at court"