MMF/Moriarty Claimform - Peachy PDL debt***Claim Dismissed***

[Finargh]

Letter from Moriarty saying they have received copy of defence from court and will proceed

[dx100uk]

ofcourse they will...

[Finargh]

I've received Notice of Proposed Allocation to the Small Claims Track

 

I must file N180

 

That's all I need to do and then just wait for next stage? (I'm paranoid remember!)

 

Thanks

[AndyOrch]

Correct.....

 

Yes to Small claims Track.

Yes to mediation.

State your local county court.

! witness ...yourself.

 

The rest is self explanatory......3 copies.....court ...claimants sols...file.

 

 

Andy

[Finargh]

Thanks

 

I have sent a copy to the solicitor and court recorded delivery

[Finargh]

Received email regarding mediation, they will phone me within the next eight days to confirm an appointment date apparently

[Finargh]

Just to confirm, if sol hasn't complied with my request by the time of the appointment telephone call do I say I can't continue with it or do I book an actual mediation date because they might comply in the meantime and then at mediation appointment itself say I can't proceed because of non-compliance?

[AndyOrch]

State that the claimant has still to provide all the necessary documents for you to be able to consider mediation

[Finargh]

Ok thanks again Andy, I'll tell them that when they initially call

[Finargh]

Mediation people made contact and I informed them I couldn't consider mediation due to claimant's failure

 

They will update the court and suggested I contact the claimant to state what they have failed to do - is that something I should do?

[dx100uk]

nope

[Finargh]

Ok thanks

[Finargh]

Hi guys I've waited as long I can as per your advice before filing the Witness Statement, which needs to be sent by the end of this week, but they still haven't sent me theirs. If I post it up will you lovely people be able to tell me if I've embarrassed myself

[AndyOrch]

Post away....

[Finargh]

My witness statement:

 

I XXX, being the Defendant in this case state as follows;

 

I make this Witness Statement in support of my defence dated XXX 2017 and in response to the claimant’s claim dated XXX 2017 which was submitted through County Court Business Centre.

 

1. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought en masse as portfolios at a much reduced cost to the amount claimed ...10p to 15p in the pound and which are already written off as capital loss and claimed against taxable income by the original creditors. The claimant then issues claims en masse with little or no evidence or documentation as a ‘fishing exercise’ claiming the full amount of alleged debt to maximise profit.

 

2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

3. Background

 

Save insofar of any admittance it is accepted that a contractual relationship did once exist between myself and CASH ON GO LIMITED TRADING AS PEACHY. On receipt of this claim I could not recall the precise details of any agreement or any debt, numerous years having passed since the alleged agreement date, and therefore reasonably sought clarity and information from the claimant.

 

I formally requested via CPR 31.14 and s.77 CCA 1974:

 

A copy of the original agreement;

A statement of account;

A copy of the terms and conditions as applicable at the time of the agreement;

A copy of any Default Notice/ termination notice;

A copy of any legal deed/notice of assignment showing the claimant’s legal right to take action

 

Having made a claim the above data should have been immediately and fully available from the claimant and as per the above formal requests duly sent to the defendant to allow a swift conclusion.

 

4. Disclosures

 

The claimant has supplied some documentation but has failed to comply fully with my formal requests.

The claimant has failed to provide:

 

A statement of the account showing completely and exactly how the amount claimed for has been reached

A copy of a default notice/termination notice

A copy of a legal deed/notice of assignment showing the claimant’s legal right to take action

 

I received some incomplete financial data directly from the claimant and some further incomplete financial data from the claimant’s solicitor. Neither of which contained figures that in any way match the sum specified in the particulars of claim.

 

I also received a document purporting to be a ‘notice of assignment of debt’ however it is highly inconsistent in that it is not on headed notepaper, it is unsigned, it contains no formal company information e.g. company number and tax details and is not in the format of other letters that have been sent by the claimant. In fact it could have easily been produced the day before it was sent to me.

 

Furthermore it is dated 09/01/2014 (a date format not used on other correspondence from the claimant) and this DIRECTLY contradicts the statement made in the particulars of claim, that notice was given on 07/01/2014.

 

5. Conclusion

 

The claimant has failed to comply with my formal requests, is in default and therefore I must assume that this is due to the claimant not having any of the above mentioned legally required documentation and has merely issued a speculative claim in the hope of obtaining an undefended default judgment, as it has a history of doing.

 

Statement of Truth

[AndyOrch]

My witness statement:

 

 

 

I XXX, being the Defendant in this case state as follows;

 

I make this Witness Statement in support of my defence dated XXX 2017 and in response to the claimant’s claim dated XXX 2017 which was submitted through County Court Business Centre.

 

1. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought en masse as portfolios at a much reduced cost to the amount claimed ...10p to 15p in the pound and which are already written off as capital loss and claimed against taxable income by the original creditors. The claimant then issues claims en masse with little or no evidence or documentation as a ‘fishing exercise’ claiming the full amount of alleged debt to maximise profit.

 

2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

3. Background

 

Save insofar of any admittance it is accepted that a contractual relationship did once exist between myself and CASH ON GO LIMITED TRADING AS PEACHY. On receipt of this claim I could not recall the precise details of any agreement or any debt, numerous years having passed since the alleged agreement date, and therefore reasonably sought clarity and information from the claimant.

 

I formally requested via CPR 31.14 and s.77 CCA 1974:

 

A copy of the original agreement;

A statement of account;

A copy of the terms and conditions as applicable at the time of the agreement;

A copy of any Default Notice/ termination notice;

A copy of any legal deed/notice of assignment showing the claimant’s legal right to take action

 

Having made a claim the above data should have been immediately and fully available from the claimant and as per the above formal requests duly sent to the defendant to allow a swift conclusion.

 

4. Disclosures

 

 

The claimant has supplied some documentation but has failed to comply fully with my formal requests.

 

The claimant has failed to provide:

 

A statement of the account showing completely and exactly how the amount claimed for has been reached

A copy of the default notice/termination notice

A copy of a legal deed/notice of assignment showing the claimant’s legal right to take action

 

I have received some incomplete financial data directly from the claimant and some further incomplete financial data from the claimant’s solicitor. Neither of which contained figures that in any way match the sum specified in the particulars of claim.

 

I have also received a document purporting to be a ‘notice of assignment of debt’ however it is highly inconsistent in that it is not on headed notepaper, it is unsigned, it contains no formal company information e.g. company number and tax details and is not in the format of other letters that have been sent by the claimant. In fact it could have easily been produced the day before it was sent to me.

 

Furthermore it is dated 09/01/2014 (a date format not used on other correspondence from the claimant) and this DIRECTLY contradicts the statement made in the particulars of claim, that notice was given on 07/01/2014.

 

5. Conclusion

 

The claimant has failed to comply with my formal requests, is in default and therefore I must assume that this is due to the claimant not having any of the above mentioned legally required documentation and has merely issued a speculative claim in the hope of obtaining an undefended default judgment, as it has a history of doing.

 

 

 

Statement of Truth

 

 

Okay...I would remove the points marked blue, you must appreciate that the claimant is not compelled to disclose anything pre hearing and so when it gets to the appropriate stage of disclosure (which is next along with their witness statement) and they do disclose all necessary documents...your statement above will be weakened as that is all you are relying on.....but we shall see.

 

 

 

Andy

[Finargh]

Thanks Andy I'll remove those three things.

 

Do you think I've emphasised their failure to provide stuff too much then? Do you think the date being wrong on the NOA will matter?

 

Should I have done something different for the WS?

 

I must provide all documents I intend to rely on 14 days before 20th April so I can't wait much longer for them to send me anything, I've not received anything yet

 

If they send them to me late, but on time to the court, is that a violation of the order?

 

Thank you!

[AndyOrch]

The NOA must be accurate...date...amount...account numbers and address (at the time of inception)...so very important otherwise its invalid.

 

The only documents you need to disclose are your CPR/CCA requests and any responses...you shouldn't be relying on their disclosures to create yours.

 

They must file and serve on the same date....the date stated otherwise they have failed to comply with the court directions.

[Finargh]

This is what they sent after my requests - the figure doesn’t match what they’re claiming nor does it resemble anything in the financial stuff they sent

[AndyOrch]

So the debt has reduced from £366 to £300 ? since 2014.

 

Has it got the original account number ?

 

Their full address ?

[Finargh]

The only stuff on that piece of paper is visible in the photo if that's what you're asking?

 

The reference beginning M on the letter is an MMF reference I think. There is a different 'loan agreement number' on the loan agreement.

 

Thanks as always for all your help

[AndyOrch]

The original Account number must be on the NoA not just their reference....along with their full name and address.

[Finargh]

so does that mean it's invalid If it's invalid does that mean any debt is legally unenforceable or am I getting carried away haha

[dx100uk]

not the debt no, but it doesn't bade well for their court claim

[Finargh]

ok so should i just add to the WS that it is an invalid Notice of Assignment due to lack of prescribed terms as per LPA 1925?