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    • As I recall the only thing you tried telling us was based on a quote that you selectively edited by Lord James of Blackheath. You misrepresented it as a statement of fact when it was actually a question which was laughed at by his peers in the House of Lords.  We told you it was garbage, you asked us to prove it and we did.   Remember?
    • you need to realise that for every person that does come to CAG and register and tell their story...there are poss 10'000 that don't but search the interweb whereby threads that are here pop up relating to like issues they are searching upon.   Most CAG siteteam and many other registered Caggers give advice that bears this in mind and post information which not only informs the starter of a thread upon what to do, but also takes into consideration the readers from the interweb that also read the relevant advice given that might not be brave enough to register and fess up.   to that end, there is very little alternative than to appear to give 'grief' [you deserve it - tough] to a cagger should certain previous advice not have been followed.....yours is a very classic case of such. hey I've found a backdoor CCJ.   to put it bluntly, had you have followed such previous advice, you most certainly would not be in the situation you are in here now.. .so by example, not giving you grief, for future readers...………..   ...never ever move without informing a debt owner of a move of address on any consumer debt that you last used or paid within the last say 7yrs. your credit file is a major key to ascertaining that information.... .but don't just read this advice come to the consumeractiongroup.co.uk website and let us help.   lecture over... what can you do..or more importantly....what can a claimant do now they have a default forthwith judgement against you. well we can't guess.... they might simply ignore it as 1000's of people with CCJ's find out..but it becomes an issue should you wish to say get a mortgage, remortgage or further credit.   i'm not going to enter into any of that here...that's for the reader to start a thread here and seek advice on their individual situation specific to them as you have done....   so...  bearing the all of the above in mind...over to you with regard to this backdoor CCJ.   as for the other debts that you didn't action before...go read your old thread and action what appropriate advice is given there for each type of debt that has been given should you wish to avoid any further backdoor CCJ's.   dx                    
    • hello my very good helpful friend. I am afraid to say that i did not. As i did not realise the relevance of it.   Should i be doing this right now of anyone on my credit file ?   Plz don't give me grief if u have already advised me...   do i do the ccs request now to everybody in that thread ?    
    • aha busted and stupid ...no wonder you've got mixed information here. never trust anything they say ..they have a very bad reputation for stating the truth.   now can you go get your credit file please..   there are cases whereby a council on historic CTAX debts do go for a county court CCJ, but a liability order from a magistrates court has far more clout legally than a county court CCJ and i've never heard of a court sending a bailiff out for 'multiple' CCJ collection.   me thinks he is pulling the wool here a bit and has looked at your credit file and seen CCJ's too so thought he'd chance his arm and use those as further leverage.   don't worry about the sat visit simply ignore do not answer the door if he appears. your task is too gather data at present.   credit file please..        
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delman1

MMF/Moriarty claimform - old Curo Transalantic LTD T/A Wagedayadvance PDL debt

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Hi,

 

I have received CC papers for a debt owing to Moriarty Law on behalf of MotorMile Finance.

 

The total amount is for £350 for a loan taken out in 2013.

 

I have sent in a defence saying that I do not recognise the debt and requesting further information. I have received a letter from Moriarty Law with photocopies of their paperwork.

 

I now have a mediation appointment booked for next week.

 

I am worried because firstly I have never been to court before and it scares me.

Secondly, the paperwork does not look correct.

 

The signature in the box that I am supposed to have signed is definitely not mine.

 

They say that they paid the money into an account number XXXXXXXX,

but I have changed banks since 2013 and I don't know if it is mine or not.

 

It is possible that this is genuine,

I have had payday loans before,

but there is also a chance that it isn't (the fake signature is what worries me most).

 

What should I say in mediation?

I don't want to end up with a CCJ.

I can't afford to pay £350 and I am also disabled so going to court will end up a nightmare as my nearest is the other side of a different county.

 

If I offer them something like £25 as a gesture without admitting liability do you think that they will go away?

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Hello and welcome to CAG.

 

I expect people will be along later with advice for you, please bear with us until they're able to get here. :)

 

Best, HB


Illegitimi non carborundum

 

 

 

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Thread moved to Financial Legal Issues in view of the County Court Claim forms.Please continue to post here to your thread.

 

Please read the following link that explains the process of receiving a court claim...if you could then copy and paste the Q,s and your responses back here for further advice on how to proceed with this claim.

 

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

 

 

Regards

 

Andy


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please fill that link out

 

don't go offering anything at mediation yet

help us to help you.get that link done please


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Name of the Claimant ? Motormile Finance UK LTD MMF

 

Date of issue – 04 July 2017

 

What is the claim for –

1.The defendant owes the claimant £260.45 under a regulated agreement with Curo Transalantic LTD T/A Wagedayadvance dated 01/04/13 and which was assigned to the claimant on 31/07/13 and notice of which was given to the defendant on the 31/07/13 (debt).

2. Despite formal demand for payment of the debt the defendant has failed to pay and the claimant and the claimant claims £260.45

3.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 8.00% per annum amounting to £20.83.

 

What is the value of the claim? £356.28

 

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. Motormile Finance

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

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

 

Why did you cease payments? I don't think that this is a loan that I took out. I have had payday loans and I have messed a couple of them about for payments but that is just because I literally could not make ends meet. I have not had a payday loan for about a year now.

 

What was the date of your last payment? There wasnt any.

 

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

 

Thank you honeybee, Andyorch and dx100. I have copied and pasted the information above.

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thankyou

can you post up the defence you filed verbatim please

and scan up to ONE multipage PDF the CCa return/docs they have sent in response to your CCA/CPR requests that you sent them?

 

 

click upload and read


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And also a copy of the Notice of Allocation...assuming you have received this after submitting your directions questionnaire and have a mediation appointment.

 

Andy


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Hi,

 

thank you, sorry it has taken me a while to reply, I had to get a friend to scan the papers as I do not have a printer.

 

The defence that I filed stated:

 

I deny that I have ever had any accounts or services with or from Motormile Finance UK Ltd.

 

Following letters I have received from Moriarty Law,

I have replied to them requesting more information regarding their claims for money (I have Royal Mail recorded delivery receipts).

 

I have received no reply, only the same letter asking for money with no further details.

 

I have written to Motormile Finance UK Ltd today asking them for the real information.

 

I stress that I have had no accounts with Motormile Finance UK Ltd and I have copies of all letters sent and received to and from Moriarty Law.

 

In the interest of minimising court costs, I request that the Claimant provide me with proper documentation forthwith to enable mediation.

 

I think I have attached the paperwork that I have been sent after I filed my defence.

MMF returns.pdf

Edited by dx100uk
6Mb of unredacted pages redacted properly to <.5Mb

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well they've sent everything they need to bar a default notice

as far as I can see.

 

where the notice of allocation?

 

cant you phone your old bank and check you did have this and simply totally forgot to pay it?

or you closed the account right after withdrawing the money?

 

you say you closed your old bank account in 2013

this loan is also 2013


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Hi Dx,

 

thank you for replying.

I will ask my friend to scan the allocation letter and attach it soon.

 

 

It says notice to proposed allocation to the small claims court:

1. that it is a defended claim,

2. that it appears that the case is suitable for allocation to the small claims track

3. I must complete the small claims directions questionnaire (which I have done and sent back).

 

It is quite possible that I did have the loan (as it looks like the company has changed names, that may be why I don't remember it).

However, the signature is definitely not mine either way.

 

I will go into my old bank on Monday and ask if it went into my account.

 

What should I do now?

If I did have the money I cant afford to pay it back right now.

Should I tell them that when they phone for mediation?

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tell me you know more about these than I do

I thought they were online sign ups [tickbox]

 

how come theres a sig?

there are 100's of MMF/ML PDL claims here

none have ever produced a signed agreement AFAIK.


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The only payday loans that I have taken out have been online.

 

The most I have ever had to do was type my name in a box at the end (not sign anything properly).

 

I am very confused.

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well this will need to be mentioned in your Witness statement.


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Hi,

 

 

I have been into the bank and they were not overly helpful (they said that they couldn't give me old statements), but they did confirm that my account number was the one that Moriarty say it is. So it does look like I did have the loan.

 

 

Can anyone give me any advise as what to say in mediation? I cant afford to offer to pay the money but I don't want a CCJ either.

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so the bottom line is

 

 

it is your sig

you did take it

the money was paid into your account.

 

think i'll let andy comment on this too.

 

offer them a


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Hi dx,

 

 

It is definitely not my signature. I have never actually signed for any loan. I am 100% of that (and also it looks nothing like my signature).

 

 

Since they have my correct bank account number I am assuming that I must have taken the money though. :-(

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well I eluded to the sig issue earlier

that its the first time we've ever seen a sig box returned for an online signup.

 

 

so someone forged it but why, theres no reason to on a tickbox agreement....strange


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It is very strange.

 

 

The reference on the direct debit form says WEBxxxxxx

I think even that means it was an online sign up.

 

 

I don't know why they would feel the need to fake my signature,

surely they would win the court case by just showing that I had filled an online form out, not need a signature?

 

 

I really don't understand.

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exactly!!

 

 

andy any thoughts?


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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

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The CAG Interest Tutorial Read Here

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Agree a settlement tomorrow..if you proceed to court you will lose


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Thank you Andy. I will try and agree something with them tomorrow then. Should I complain separately that they have faked my signature or is that an argument not worth having?

 

 

I will try and sort it with them tomorrow, but do you think that they will definitely come to court if it had gone that far? I have seen a few threads that say people have discontinued their claims or not gone to court. I am not going to try my luck I am just curious.

 

 

Thanks everyone

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You can certainly point it out and ask the mediator to ask them why someone has forged your signature on an on line application that does not require one ?

 

After that statement then you can talk discounts :wink:


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I will do that, thanks Andy.

 

 

I will update this thread after I have had the phonecall so you know how it goes.

 

 

Thank you everyone for your help

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You dont have to agree a settlement tomorrow...just show that you are prepared to reach an amicable agreed amount...say just the debt amount...no court fee or sol fee or interest in view of this signature.

 

See how they respond


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