MMF/Moriarty claimform - old Mr lender PDL***Claim Dismissed***

[dave466]

Name of the Claimant ?Motormile finance ltd

 

Date of issue –29th November 2017

 

What is the claim for – the reason they have issued the claim?

 

1.The defendant owes the claimant £525 under a regulated loan agreement with PDL finance Ltd t/a Mr lender dated 05/07/2012 and which was assigned to the claimant on 16/11/2012 and notice of which was given to the defendant on the 16/11/2012 (debt).

 

2.Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £525 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% per annum amounting to £42

 

What is the value of the claim?£697

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? PDL

 

When did you enter into the original agreement before or after 2007? After 2007

 

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? I believe i did

 

Did you receive a Default Notice from the original creditor? I believe i did.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not too sure.

 

Why did you cease payments? Not sure

 

What was the date of your last payment? Not sure

 

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? I don't believe so no.

 

On my credit report it shows default as 05/07/2012

Account start date as 05/07/2012.

Default balance £350

Satisfied

 

So next it will be

 

1. Acknowledgment of service

2. Send CCA Request section 77?

3. Send for 31.14 request

[dx100uk]

yep...

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

 

 

there are 100's of like MMF/moriarty claims here already well ahead of you to follow

 

dx

[dave466]

Cca request and cpr request both to the address for sending documents mate?

[dx100uk]

no read post 2 again

[dave466]

Yeah read that mate was just double checking.

[dave466]

Today I have now received a letter from moriarty saying they have now issued proceedings in the county court?

I thought they had to give me 30 days to respond etc?

[dx100uk]

well let them mess up then...

[dave466]

No problem mate thought as much.

Thanks.

[dave466]

All done and sent 1st class recorded

[dx100uk]

cor I wouldn't of wasted recorded on them

all you needed was 2nd class with free proof of posting from the PO counter

you only have to prove letters were sent.

[dave466]

I know mate but would rather just make sure for own peace of mind

[dave466]

today I have received all this from mmf which also has other accounts on it too.

 

Hopefully this is better.

return.pdf

[dx100uk]

uploads merged thread tidied

[dave466]

Thanks dx

[dave466]

I believe I need to submit my defence this weekend but today would be best i Think

[dx100uk]

not due till/by 4pm Monday 1st

 

plenty here to base your on

post it here 1st

[dave466]

On what basis would it be though mate as mmf have sent copies of cca

 

Also whilst I have looked through the agreement where it says about being legally bound

it says by inserting my surname, mothers maiden name and my ip address I agree to be bound by them.

 

My mother's maiden name nor my ip address is in that box??

 

Therefore is that agreement null and void

[dx100uk]

well they might have sent the agreement and T&C

but where is the:

 

default notice

statement of account

notice of assignment?

all of which are fatal to a claim

[dave466]

Thanks dx, how's this.

 

1.The defendant owes the claimant £525 under a regulated loan agreement with PDL finance Ltd t/a Mr lender dated 05/07/2012 and which was assigned to the claimant on 16/11/2012 and notice of which was given to the defendant on the 16/11/2012 (debt).

 

2.Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £525 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% per annum amounting to £42

 

DEFENCE

 

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. I have in the past had an agreement with Mr Lender but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 77 request which the claimant is currently unable to comply with and therefore unable to prove its basis of claim pleaded within its particulars

 

I have not been served with a Default Notice pursuant to the*consumer credit Act 1974.

 

I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1).

 

3. It is therefore not accepted 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 reached the amount claimed for and;

b) Show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA 1974.

c) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

4. As per Civil Procedureicon 16.5 it is expected that the Claimants prove the allegation that the money is owed.

 

5. 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.

[dx100uk]

ive inserted the POC above you need to align with that re para numbers

find an MMF/moriarty claimform thread defence reply that inc's the fact they've supplied the agreement but not the DN/NOA

you'll also need the sentence re failure to abide by PAP. [pre action protocol.]

unless you did receive it before you came here

[dave466]

1.The defendant owes the claimant £525 under a regulated loan agreement with PDL finance Ltd t/a Mr lender dated 05/07/2012 and which was assigned to the claimant on 16/11/2012 and notice of which was given to the defendant on the 16/11/2012 (debt).

 

2.Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £525 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% per annum amounting to £42

 

DEFENCE

 

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 Claimant claims £525 is owed under a regulated loan agreement with PDL Finance T/A Mr Lender. I did not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a Section 77 and CPR 31.14 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 the defendant from either the Claimant or PDL Finance T/A Mr Lender.

 

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 Claimant's particulars in order 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 crediticon Act 1974.

 

8. 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

 

9. 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.

[dx100uk]

point 1 is not a numbered point but is generic to everything below

 

move point 8 and make that point 1

 

you also need to mention the failure to provide a default notice re section 87

 

good work to date

[dave466]

1.The defendant owes the claimant £525 under a regulated loan agreement with PDL finance Ltd t/a Mr lender dated 05/07/2012 and which was assigned to the claimant on 16/11/2012 and notice of which was given to the defendant on the 16/11/2012 (debt).

 

2.Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £525 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% per annum amounting to £42

 

DEFENCE

 

1. 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

 

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 Claimant claims £525 is owed under a regulated loan agreement with PDL Finance T/A Mr Lender. I did not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a Section 77 and CPR 31.14 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 the defendant from either the Claimant or PDL Finance T/A Mr Lender.*

 

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 any evidence of 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 Claimant's particulars in order 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 crediticon 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.

[dave466]

Is that not under section 4b of my defence mate?

[dx100uk]

b}show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974