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    • Hi DX   I have amended the WS and I hope i have taken out the meaningless gibberish.    Thanks, Roland    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF      INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There is an Agreement and 2 sets of Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. The agreement in the JK1 exhibit on page 2 shows an agreement with my name, address and a date but no Account Number or Reference Number as the same was not mentioned in the Claimant’s Particulars Of Claim, which was addressed in my Defence Para 1, ‘the particulars of claim are vague and generic…’.    3. The Claimant’s Witness Statement does not state how the agreement was made, via telephone, post or electronically.   4. There are 2 sets of Terms & Conditions Pages 4-10 which does not show my name and address as per the Consumer Credit Act 1974 Request.    5. Pages 1-10 can easily be downloaded from various internet forums and image sites and have my details inserted with any picture manipulation software.   6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974. 8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.  9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.     I believe that the facts stated in this Witness Statement are true.    Signed:  Dated: 
    • Thanks ericsbrother, I'll get on to it.  It appears that they had taken on the contract that very morning, so I'm one of their very lucky first victims. Waaaay 
    • Yep I sent a copy to them also. Just send strange saying yes to then say no, I'm not used to all this though. It definitely doesn't come naturally to me 😕🙂 Will arrange a date ASAP!    Thank you again
    • @BearLake1   I have a similar PCN from the same place. I've just received 'Letter Before Claim' today. I wonder if you are able to share your reply to CVS? Did you send your reply by email or mail?   Thanks!
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lasek22uk

MMF adding £328 to the alleged Mr Lender debt

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Hello CAG Members,

 

I hope you can help.. I just returned home while being away for few weeks and I received 3 letters from mml and moriaritylaw.

It looks like to me mml and moriaritylaw work together and this is in relation to the same debt.

 

So 1st letter is from mmf - dated 27/06/2017 demanding payment for their client 405.00

 

Then 2nd letter - dated also 27/06/2017 demanding payment for their client PDL Finance Ltd t/a MR Lender £787.50

 

Then 3rd letter - dated 13/07/2017 - Final demand before proceedings, demanding payment for their client PDL Finance Ltd t/a MR Lender £787.50

 

Long time ago i toke a Pay Day Loan with Mr Lender and I paid it off however i was late and I think by one month.

I pulled out my recent credit file and Mr Lender is there and status of account is 'Closed'.

 

I'm nit sure what to do next. There is no default on credit record, account status closed - settled.

Please help :(

 

I looked carefully through letters and it looks like those are for 2 debts..

So 1st letter (debt) is from mmf - dated 27/06/2017 demanding payment for their client 405.00 owned to CFO Lending.

 

Then 2nd letter - dated also 27/06/2017 demanding payment for their client PDL Finance Ltd t/a MR Lender £787.50

 

Then 3rd letter - dated 13/07/2017 - Final demand before proceedings, demanding payment for their client PDL Finance Ltd t/a MR Lender £787.50

 

Looking into my credit report I have only entry from Mr L and as closed / settled.

Nothing on CFO Lending.

 

I think I might have this loan but then stopped paying as I was rolling loans to cover other loans...

help please... :(

 

Apologies, here now in one multipage pdf.

Letters.pdf

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smack of irresponsible lending to me.

 

 

dx


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Thank you dx, so what would you suggest? next steps? thank you...

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Thank you dx, so their program ended in February and I never received letter or email from them. I was looking on CAG for redress package but I can't find it :(

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really not sure why my autolink posted about vodaphone...

 

 

 

 

CAG Guide To PDL Reclaims


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Thank you dx, so will read it and I will start ball rolling :)

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Hi,

Can MMF add extra costs? They bought debt from Mr Lender, then sold it to Moriarity Law.

The debt is for 450 but they are asking for almost £780?

It look like DCA added extra £328 to the alleged debt... :( can they do this?

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Nope. They cant. Wont stop them trying though. Theyve already been reprimanded for it and had most of their powers stripped from them.

 

But MMF are the shadiest dca their is. They'll keep doing it.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thank you for prompt response renegadeimp, is there polite letter I can shoot or shall I speak with FCA authority and complaint to them?

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Just tell them straight ( they wont listen anyway), and inform the FCA.

 

 

I bet you when theyre caught out, theyll say it was an admin error. Thats their usual trick, and many debtors simply bend over and accept it.

 

btw, MMF rarely chase legit debts. They normally chase PDL debts. Time to do your homework.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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The alternative is to ignore it.

 

 

The more they add on unlawful charges the less chance there is they will take you to Court.

And more important the greater the chance they will lose in Court as if the amount claimed is wrong the whole case is thrown out.

 

I f you do want to complain then go the FCA route.

Do not waste any time or money on MMF.

 

 

You would be telling them something they already know and don't care about.

 

 

Also the first thing they will know about it is when the FCA contact them.

That gives them less time to cover their tracks or find excuses.

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Thanks lookinforinfo. I'm slowly getting there. Now I have reponse from Mr Lender saying that loan was for £450, I paid back £157 so that in total £293, HOWEVER they added charges extra costs etc, so in fact DCA added not £328 but £485.

 

Mr Lender own words:

 

You borrowed £450.00 and have only repaid Mr Lender £157.50 back, due to non payment your account would have incurred missed interest and late fees on to the balance.

 

The interest applied to your account was in line with the regulations at the time they were approved. Furthermore, all interest and charges were disclosed at the point of application and available on your Consumer Credit Agreement which you would have signed, agreed to and were emailed to you for your reference. All fees and charges were clearly detailed in your Consumer Credit Agreement. This would have included the circumstances of which you could incur any additional charges and at what cost.

 

We hope the above give you a clearer view on your account. If you wish to raise any further concerns, we would be happy to assist you.

Edited by lasek22uk
correction

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moved to the MMF forum and re titled.

 

 

are they aware of your correct address

have you moved since taking this PDL out?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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yes they are and I moved place some time ago. Did standard post redirect. have never had anything back from them

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Dont ignore it. Do your homework. MMF have a nasty of habit of going to court if they think they can get a judgment by default against a confused debtor.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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send them a CCA request

simply for the fact that they will then have your correct address

and not get for a backdoor CCJ.

same with any others


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Ok I won't ignore this, I already started conversation with them via emails.

They are saying that they are working on my request.

MMF replied back on 08/08/2017 as:

 

Dear xyz

 

Thank you for your email.

 

I have requested a copy of a statement of account from our Customer Support team and this documentation should arrive with you in due course.

 

____ END ___

 

I guess, once they provide some info and not in full it will me me sending CCA request and £1 payment

 

thank you..

Edited by lasek22uk
correction

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CCA request

stop emails


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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agree with dx. Get the CCA off and they cant ignore it. You think you are doign the right thing. MMF and every other DCA couldnt care less about you or the law. They will do anything to try and get money from you.

 

Play things by the book and not what you think is the right thing to do.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks all, I will print those for all those accounts MMF 'kindly' provided me this morning claiming they responded a week ago.. anyway this is whole set of bugs..

 

- Mr Lender, payday loan - MMF ref: xyz date of default: uknown

original amount owe £450.00

current outstanding £787.50

 

Date Description Credit Debit Account Balance

04/06/2013 InitialLoan £450.00 £450.00

04/06/2013 InitialFee -£10.00 £440.00

04/06/2013 InitialFee -£7.00 £433.00

04/06/2013 InitialFee -£17.00 £450.00

04/06/2013 Interest -£157.00 £607.50

24/06/2013 Payment -£157.50 £450.00

24/06/2013 Interest -£157.50 £607.50

25/07/2013 Fee -£20.00 £627.50

26/07/2013 Fee -£20.00 £647.50

31/07/2013 Fee -£20.00 £667.50

27/08/2013 Interest -£212.62 £880.12

17/03/2015 AdjustmentDebtADTEC -£92.62 £787.50

 

 

- CFO Lending, payday loan - MMF ref: xyz

date of default: uknown

original amount owe £405.00

current outstanding £405.00

 

Date Description Credit Debit Account Balance

02/07/2013 Principal £405.00 £405.00

02/07/2013 Interest £145.80 £550.80

22/04/2016 RedressWriteDown £40.00 £510.80

20/05/2017 AdjustmentDebtNoAAdjustment £105.80 £405.00

 

 

 

MMF as well provided those as well.. :(

 

 

- Quick Quid, payday loan - MMF ref: xyz

date of default: uknown

original amount owe £650.00

current outstanding £987.00

 

 

Date Description Credit Debit Account Balance

31/10/2008 Principal £650.00 £650.00

31/10/2008 Interest £325.00 £325.00

 

 

- Northway - Pounds Till Payday, paydayloan - MMF ref: yxz

date of default: uknown

original amount owe £450.00

current outstanding £212.82

 

 

Date Description Credit Debit Account Balance

01/05/2008 Principal £450.00 £450.00

01/05/2008 Interest £134.91 £584.91

01/05/2008 Fees £59.00 £643.91

07/05/2014 TotalPaymentmadetooriginallender £431.09 £212.82

 

 

- Speed Loan - paydayloan - MMF ref: xyz

date of default: uknown

original amount owe £900.00

current outstanding: £984.00

 

Date Description Credit Debit Account Balance

10/09/2009 Principal £900.00 £900.00

10/09/2009 Interest £684.00 £1548.00

13/08/2017 TotalpaymentsmadetoMMF £600.00 £948.00

 

Final word.. I feel so stupid and shame on me that I put myself in spin of PDL. But I was taking selfishly one to cover other one etc etc..

Edited by lasek22uk
correction

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Hello all,

As I as well complaint to Mr Lender after doing my homework an email has arrived today directly from Mr Lender with details as follows:

 

- Mr Lender, payday loan- MMF ref: xyz date of default: uknown

original amount owe £450.00

current outstanding £787.50

 

Date Description Credit Debit Account Balance

04/06/2013 InitialLoan £450.00 £450.00

04/06/2013 InitialFee -£10.00 £440.00

04/06/2013 InitialFee -£7.00 £433.00

04/06/2013 InitialFee -£17.00 £450.00

04/06/2013 Interest -£157.00 £607.50

24/06/2013 Payment -£157.50 £450.00

24/06/2013 Interest -£157.50 £607.50

25/07/2013 Fee -£20.00 £627.50

26/07/2013 Fee -£20.00 £647.50

31/07/2013 Fee -£20.00 £667.50

27/08/2013 Interest -£212.62 £880.12

17/03/2015 AdjustmentDebtADTEC -£92.62 £787.50

 

 

_______________________________________________

Dear Mr yxz,

 

Thank you for your email and sorry about the delay in responding to you, we have been waiting on MMF to advise the information on your account.

 

They have confirmed the below;

 

Outstanding balance: £787.50

Payments: No

Adjustments: £92.62

 

If you are stating that the loan was unaffordable, as a gesture of goodwill Mr Lender are able to support you by requesting for MMF to reduce your balance to the capital remaining left to pay of £292.50. This will mean you wont pay any interest on your loan.

 

Once the balance has been settled then we can also remove any adverse information from your credit file as a further gesture of goodwill.

 

If you wish to accept this offer, in order for us to close your complaint and take the appropriate steps to discount your balance, please confirm to the following;

 

You are satisfied with the resolution of this complaint and deem it fair and reasonable

You accept that this is a full and final offer

Following your acceptance of this offer you understand that this complaint has now been resolved and no further action is required

 

---------------------- END ----------------------------

 

BTW - still waiting for CCA from MMF about account.

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how does that sound to you?

 

 

as it stands your credit file now shows £292.50

and is most probably stuffed full of other defaults anyway

so this is not harming you more

 

 

when/IF MMF provide the CCA and its enforceable

pay it off?

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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