MMF/Moriarty claimform - old lendingstream PDL debt

[liz01]

Hello,

ive had a claim from mmf for an alleged debt to lending stream,

ive sent the cca and cpr requests and logged into mcol to prepare my defence,

which I think is due in next two days?? details as follows.

 

Name of the Claimant ? motormile finance

 

Date of issue – 16/10/2017

 

What is the claim for –

 

1.The defendant owes the claimant £217.50 under a regulated loan agreement with lending stream ltd, dated 23/07/2013 and which was assigned to the claimant on 23/12/2014 and notice of which was given to the defendant on the 23/12/2014 (debt).

2.despite formal demand for payment of the debt the defendant has failed to pay

and the claimant claims £217.50

and further claims interest thereon pursuant to section 69 of the county court act 184 limited to one year to the date hereof at the rate of 8% per annum, amounting to £17.40

 

What is the value of the claim? £309.90

 

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

 

When did you enter into the original agreement before or after 2007? after according to claim, 2013.

 

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. mmf

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 not that I recall

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no not that I recall

 

Why did you cease payments? alledged date is 2013?

 

What was the date of your last payment? 2013

 

Was there a dispute with the original creditor that remains unresolved? no, don't recall

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I may have done as this is the year my husband and I split up so really am unsure.

my defence??

 

Particulars of Claim

 

1.The claimant claims payment of the overdue balance due from the Defendant under a contract between the defendant and lending stream? Motormile finance?

2. The defendant did not pay the instalments as they fell due & the agreement was terminated.

3. And apparently its been assigned to the claimant, for the sum of £234.90 with possible court costs = total £309.90

Defence

The Defendant/s 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.

 

1.Paragraph 1 is noted I have in the past had a contractual relationship with lending stream, however the claimant fails to reference any agreement number on which it claim relies upon and fails to comply with CPR 16.4. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. The claimant has refused to provide me with a copy of the agreement, stating they are not obligated to do so by virtue of the consumer credit Act 1974. To date, no statement of the alleged account has been received. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 78 request.

 

2.The Claimant alleges that I the Defendant did not pay the instalments as they fell due. The claimant is put to strict proof to evidence such breach by way of a Default Notice pursuant to CCA1974 section 87 (1)

 

3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served pursuant to the Law of Property Act and Section 82A of the consumer credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

Therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement/contract; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed, if 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 82A of the consumer credit Act 1974.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the money claimed.

 

do I also add this new part now for this claim?

 

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

thank you for any help and id appreciate if someone could let me know if this defence is ok to submit today?

thankyou again

Edited November 10, 2017 by Andyorch
edited

[AndyOrch]

"do I also add this new part now for this claim?

 

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. "

 

Yes if they have failed to follow the process and you have received the claim without any prior warning.

 

 

Andy

[liz01]

Thank you Andy. The defence is good to submit please?

[AndyOrch]

No account number reference ? or have you edited their particulars....?

[liz01]

no account number showing, particulars are exactly as on claim form. thank you

[liz01]

can someone please check, claim was dated 16/10/2017. I need to submit defence tomorrow the latest? thankyou

[dx100uk]

day 33 from the date on the claimform whereby that is ONE in the count

however if that falls on a w/end the previous friday

[AndyOrch]

no account number showing, particulars are exactly as on claim form. thank you

 

I have edited your point 1 liz to account for the above......good to file.

 

Regards

 

Andy

[liz01]

Hello,

ive received a letter back from Moriarty today, dated 21/22/2017,

saying please find enclosed documents to your query.

 

most of it contains printed out documents on T & c's etc and responsible lending !

also enclosed is a copy of a letter I apparently was sent saying of the account being sold to MMF in 2015.

 

one page with letter states the fixed sum loan agreement dated and with my name on it,

 

the claim was issued on the 16th October,

I acknowledged claim on the 25/10/2017 and submitted the defence on the 10/11/2017.

 

I sent the cca and cpr requests on the 26/10. do I need to do anything?

ive checked mcol and last thing on there was my defence. thank you

[dx100uk]

you could scan those up to ONE pdf please

read upload.

 

if they are going forward with the claim

you will get an N180 within 33 days of your defence filing date

else it gets autostayed.

 

dx

[liz01]

Thank you but unfortunately I don't have a scanner but ive had a letter this morning saying the client is proceeding to claim, what does this mean, that I get a ccj? its only £300! can I still defend in that ive received no letters apart from the court one??

[AndyOrch]

See post #10..already explained...if they wish to proceed then the claim goes to allocation and transferred to your local county court....but only if and when each party submits a directions questionnaire (N180)

[dx100uk]

if you read upload

you can put letters up

but this is their std letter

and next one will be a discount I bet..

[liz01]

Ive today received from the court notice of proposed allocation to the small claims track, it is now a defended claim (£300!!),

the defendant has filed a claim,

a copy of which is enclosed has been crossed out!

 

What do I do now please?

do I accept mediation?

 

I'm disabled and have a serious illness and just cant afford to pay this,

if Im forced to pay can I get it reduced and offer so much per month?

 

also does this mean I will get a ccj registered?

[AndyOrch]

You dont have to pay it...they dont have judgment....this is just the next part of the process.(Allocation)

 

You must complete the n180 and return it by the date stated.....copy to the claimant sols.

 

Yes to Mediation..yes to Small Claims Track...state your local county court ...the rest is self explanatory tick boxes.

 

Once you have completed the above I suggest you read a few threads and familiarise yourself with the process and calm down.

 

Andy