MMF/moriarity claimform - old PDL Finance Ltd t/a MR Lender PDL Debt

[Jobyboy]

Hi Guys,

 

I had a Mr Lender loan a good while back, for only £184. I believe it was nearly statue barred. (Screenshot of noddle report attached)

 

However, yesterday I received from ‘Moriarty Law’ (also attached) and today a County Court Claim form (this is also attached).

 

I’m unsure how to proceed and would really apreaciate the groups advice.

 

Many thanks.

[dx100uk]

can you complete this please

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(2-Viewing)-nbsp

[Jobyboy]

Sure,

 

Name of the Claimant: Motormile Finance UK LTD (MMF)

 

Date of issue –: 04/08/17

 

What is the claim for – the reason they have issued the claim?

 

The defendant owes the claimant £171 under a regulated loan agreement with PDL Finance LTD T/A Mr Lender. Dated 15/09/2011 and which was assigned to the claimant on 27/10/2012 and notice of which was given to the defendant on the 27/10/2012 (Debt). Despite formal demand for payment of the debt the defendant has failed to pay the claimant claims £171 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 £13.

What is the value of the claim? £260

 

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

 

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? It is the debt purchaser.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Possibly, I am unsure.

 

Did you receive a Default Notice from the original creditor? It was so long ago I cannot recall.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I am unsure.

 

Why did you cease payments? I had a few payday loans back at this time and they all became too much to afford so I began defaulting.

 

What was the date of your last payment? I am unsure, Noddle indicates it was September 2011

 

Was there a dispute with the original creditor that remains unresolved? No

 

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

[Jobyboy]

Did I not do this correctly?

[dx100uk]

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

[Jobyboy]

Wicked, thank you. I’ll get started on that!

[Jobyboy]

They are complete and have been sent special delivery today!

[dx100uk]

well don't await a reply

get looking at suitable defences in the success forum off this one

or here

you DO NOT

miss your defence filing date whatever happens

[Jobyboy]

Are they not likely to reply?

[dx100uk]

well you don't want them too...think about it??

[Jobyboy]

Haha fair enough.

 

I guess I was maybe expecting something along the lines of: “we can’t supply what you’re asking for, case dropped”

 

Wishful thinking!

[dx100uk]

not until you defend as they don't know what you are doing till then do they??

 

plenty of like threads here already to read

[Jobyboy]

I’ve received a reply from the CCA letter.

 

MMF have sent back details of a completely different account and amount.

 

How is best to proceed?

 

Little confused by this.

[dx100uk]

scan it up to one multipage PDF please

click upload

 

 

did you only have one Mr lender loan or was this a chain.?

[Jobyboy]

Hi,

 

I have attached the cover letter and the first page of the agreement they have sent to me.

 

This does not seem to be a chain. It appears to me to be a completely different account.

 

I'm getting a little worried now, I'm getting very close to the date I have to file a defence. What should I do next?

 

Many Thanks!!!!

 

I should add, Moriarty Law have completely ignored the CPR letter. This is a good thing right?

MMF Response .pdf

[dx100uk]

Does the agreement number match the one in their poc?

[Jobyboy]

There is no agreement number in the written POC paragraph. That is exactly as follows:

 

 

"The defendant owes the claimant £171 under a regulated loan agreement with PDL Finance LTD T/A Mr Lender. Dated 15/09/2011 and which was assigned to the claimant on 27/10/2012 and notice of which was given to the defendant on the 27/10/2012 (Debt). Despite formal demand for payment of the debt the defendant has failed to pay the claimant claims £171 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 £13."

 

 

There does not seem to be any agreement numbers anywhere on the Court Claim Form (except for the Claim No.). There is however an agreement number on the letter that came directly from Moriarty Law, I included this number on my CCA. That number is not the same as the agreement number on this recent response.

 

Thanks for all your help Dx, really appreciate it!

[dx100uk]

agreement date is diff to the date in the poc too!!

sadly they never get their paperwork right.

[Jobyboy]

I'm assuming this is a good thing?

[dx100uk]

well if you were taking someone to court wouldn't you make sure the agreement you wish to enforce payment on had the correct date on it and the right agreement number?

[Jobyboy]

Well that was exactly my thought. However as the CCA went to MMF and the CPR to Moriarty I figured there could just be some confusion?

 

 

Is my next step to create a defence? I have to submit one a week yesterday I believe and don't have a clue where to start :/

[dx100uk]

due by 4pm Tuesday

I see you've read like threads

they have the example no paperwork/holding defence

 

 

pers i'd keep the fact that the agreement date and number don't match to yourself for now

see if they want to go all the way to court and disclose it in their WS IF it gets that far.

then you can shoot them infront of the judge in person

 

 

see what andyorch says when he passed by with 5 mins to spare.

[AndyOrch]

Subbed to thread ...but you will have to nudge me on Monday to take a look.

[Jobyboy]

I've sat down this morning to have a really good read through other examples of the no paperwork/holding defence and create my own.

 

 

If I am not disclosing at this point that the agreement date and number don't match, am I right in thinking that the main basis for my defence is the fact that they have not responded to the CPR request?

[Jobyboy]

Also, the POC that Moriarty have set out are not numbered like they seem to be with most people. Do I still respond with numbered points?