Motormile/Moriaty law claimform - old peachy PDL***Claim Struck Out/Sanctions Imposed***

[johnpaul2017]

Hope you guy's can help...as a long time follower i need some assistance!

 

Received a claim from Northampton in May and defended using these forums.

usual from MMF saying we are going to defend and CC saying this is now a defended claim etc

 

Late June received a letter from court saying we acknowledge your defence and copy served on claimant and that they have 28 days to respond otherwise stayed.

 

Now i was waiting to hear back from court re mediation etc ..heard nothing.

 

Today though received a letter from county court.

..general form of judgement or order saying i have been sent a notice of proposed track and allocation which specified a date to complete and return.

I haven't received this form.

It gives me 7 days to comply otherwise i'm stuffed.

 

I was doing well but need some help now!!!

[dx100uk]

Ring northants bulk and check

[dx100uk]

Can you also complete this please

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

 

And the defence you filed too

[johnpaul2017]

Name of the Claimant ? Motormile finance for cash on the go

 

Date of issue –20th My 2017

 

Date of issue / defense submitted 26th May 2017

 

What is the claim for –

 

 

1. The defedant owes the claimant 175.00 pounds under a regulated loan agrremeement with cash on the go TA peachy loans 12.12.2012 which was assigned to the claimant on 7.1.2014 which as noified to the defendant on 7.1.2014 debt.

 

What is the value of the claim? 264.00 pounds

 

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. Assigned to Motormile

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

 

Did you receive a Default Notice from the original creditor? Not that i recall

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I recall

 

Why did you cease payments? 2012 December

 

What was the date of your last payment? 2012 December

 

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

 

Did you communicate any financial problems to the original creditor ? I communicated financial problems but they were no help

[johnpaul2017]

Defense i submitted

 

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 claimants statement is noted I have in the past had

financial dealings with Cash On The Go. I do not recall the

precise details or agreement and have sought verification from

the claimant and the claimant’s solicitor by way of a CPR 31.14

and section 77 request who are yet to fully comply.

 

3. The claimants statement regarding the assignation of the debt

is denied. I am unaware of any legal assignment or Notice of

Assignment allegedly served on 07/01/2014 from either the

claimant or Cash On The Go

 

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 Claimants particulars to establish what

the claim is for. To date the claimant 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.

[johnpaul2017]

And checking online status..

 

Claim Status A claim was issued against you on 20/05/2017

 

Your acknowledgment of service was submitted on 31/05/2017 at 19:04:29

 

Your acknowledgment of service was received on 01/06/2017 at 08:03:12

 

Your defence was submitted on 23/06/2017 at 22:17:46

 

Your defence was received on 24/06/2017 at 08:02:00

 

DQ sent to you on 12/07/2017

 

DQ filed by claimant on 25/07/2017

 

General sanctions order was made on 14/08/2017

[dx100uk]

https://www.moneyclaimsuk.co.uk/PDFForms/N180.PDF

 

fill it in and mail it off to the court

copy it and send that to MMF's solicitors who are ? [moriaty law?]

 

you can leave email/sig/phone off the sols copy.

 

one final point its nothing to with Cash On The Go

MMF are not representing them

the debt was sold.

[johnpaul2017]

Thanks DX100uk so I will get off in the morning in the post and also email the court ...i should be just in time.

 

What do you's think of the defense I submitted.

[dx100uk]

don't email it

 

 

defence is our std one

did you CCA/CPR too?

[johnpaul2017]

I will send special delivery to court as I only have until Monday to respond .. and normal post to Moriaty law.

 

Yes done the CCA and CPR and not heard back and reading around doubt I will.

 

Thanks I will come back once I hear.

[johnpaul2017]

I hadn't received the CPR or CCA to do 'mediation'

- so the mediation team said they wouldn't be able to keep the appointment as there was no point in attempting at this stage and said they would note i had called to try.

 

then drops through the letter box an envelope from MMF

- which confused me a little as i had requested based on this claim and they sent 4 different accounts they have ( various pdf companies)

- including details on the claim they issued

- but it seems the reference number i have is for 4 accounts not just the 1 they have issued the claim for?

[dx100uk]

No number in their poc i bet either?

[johnpaul2017]

Well the POC claim they reference is the reference number i used when i wrote to MMF - but when they replied they said they had 4 accounts under this number... is this usual?

[dx100uk]

Were they a chain..several pdls or you refinanced?

[johnpaul2017]

4 different Payday companies - although i would have refinanced with Peachy who the claim is for.

[dx100uk]

So not a chain with peachy??

Paperwork of any other companies pdls is irrelevent

[johnpaul2017]

I will double check all when i get home tonight - thanks Dx100uk.

[dx100uk]

1. The defedant owes the claimant 175.00 pounds under a regulated loan agrremeement with cash on the go TA peachy loans 12.12.2012 which was assigned to the claimant on 7.1.2014 which as noified to the defendant on 7.1.2014 debt.

is the ONLY debt they can litigate on

[johnpaul2017]

Ok guys got a 'notice of allocation to the small claims track' hearing and says the claimant has to pay £25.00 by 23rd october.

 

I take it I don nothing with the above? except check they have paid the £25?

 

Hearing is listed for 22nd November so I have to get my defence together and submit to the claimant and court no later than 7 days before?

[dx100uk]

You've already filed your defence

[johnpaul2017]

Sorry mean witness statement?

 

Looking around providing claimant pays £25 am i right?

[dx100uk]

But don't bank on them not

 

Witness statement needs filing by you 14 days prior

 

Use the search CAG box of the top red toolbar

 

Witness statement claim form PDL

[johnpaul2017]

Thanks I will start to do my homework on it and come back for your advise later.

 

I'm sure they will for the sake of £25. Mind you surprised a payday company wants there day in court....

[dx100uk]

nothing to do with any PDL

they sold it to a debt buyer

[johnpaul2017]

update

I was ready to finalise the witness statement and came home to a letter from my local court.

 

Struck out and hearing date cancelled as the claimant failed to pay the fee 2 weeks ago.

 

would this mean the claimant would have to apply to lift or start the process again?