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

[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*

 

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.

 

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.

 

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

© 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.

[dx100uk]

moved the top bit around

 

looks ok to me

let andyorch check it mind

dx

[dave466]

Thanks for your assistance dx it's much appreciated.

[AndyOrch]

[dave466]

Yesterday we received a letter from the court saying that they acknowledge receipt of the defence a copy will be served on the claimant.

 

Says the claimant may contact me directly to resolve but if it can't be resolved the claimant will inform the court he wishes to proceed.

 

On the same day we also got a letter from Moriarty law they will enter judgement against you 14 days from the letter.

 

Then goes onto say with regards to paying in full or an arrangement and they will not enter it.

 

Regards.

[dx100uk]

the fleecers have 28 days to do something.

but if you look at the other MMF/Moriarty claimform threads here

[including another one today]

they run away before court.

[dave466]

Thanks dx so just a case of sitting tight and waiting for a reply if any.

[dave466]

So this morning I have received a letter from Moriarty saying that they have received my defence and that they are proceeding with their claim.

[dx100uk]

as they do

if you go look at every other MMF/Moriarty claimform thread here.

 

if they do

is completely a different matter

and even if they do

they don't turn up or drop the case just before the court date.

 

its all done to spoof you into making them look tough on debtors

when in all truth they simply issued a speculative claimform

hoping it wasn't contested as like 85% of 'em!

[dave466]

Today I have received a notice of proposed allocation to the small claims court.

It is yes to A1 and C1 isn't it?

[dx100uk]

yes to mediation

1 wit you

the rest is obv

 

3 copies

1 to the court

1 to the sols [minus email/phone/sig]

1 for your records

[dave466]

Thanks I've already put email phone in.

I will just tipex it out after photocopying it.

 

It doesn't actually have the sols details anywhere on the forms

or the notice that has been sent

so shall I send a copy to the address that is on the original claim form?

Thanks.

[dx100uk]

the sols address is on the claimform

don't use tippex it can be scrapped off !!

 

use blank it out before the third copy you make

[AndyOrch]

https://www.consumeractiongroup.co.uk/forum/showthread.php?406099-LEGAL-N180-Directions-Questionnaire-(Small-Claims-Track)-**Correct-at-Sept-2016**

 

Complete the above on your PC.....looks far more professional...print 2 and save one to your folder.

[dave466]

All done and sent yesterday.

Thankyou Andy and yes it does look more professional and tidy.

[dave466]

I have checked on mcol and it states

DQ filed by claimant 25/01/18

Notification of DQ filed by claimant removed on 25/01/18

 

What does this mean?

 

Regards.

[AndyOrch]

Sounds like an error and they have not submitted their DQ...what does it state about yours dave (defendants DQ) ?

 

 

Andy

[dave466]

It does not have anything with regards to mine I have just logged in to mcol now.

Should I ring to find out what has happened? If so who is it I should call?

[AndyOrch]

The court you submitted your DQ to....Northampton MCOL ?

[dave466]

I have just spoken to mcol and they have a backlog of 7-10 days hence why mine is not showing.

He also confirmed that they HAVE received DQ of the claimant and the one that has been removed is just a duplicate.

[AndyOrch]

So now you await your Notice of Allocation (N157) which will contain the dates and directions for what you/claimant must do next before the hearing date.......witness statement and standard disclosure.

[dave466]

Yeah cheers Andy.

[dave466]

Witness statement time.

I am going to draft one up when I get chance this week and I will post a copy up for your advice.

Thanks in advance

[dave466]

How's this for a start and also do I need to put anything in about them not complying with PAP?

REGARDS.

 

Claim No. XXXX

 

BETWEEN:

Motormile Finance UK Ltd (MMF)

Protection House

83 Bradford Road

Leeds

LS28 6AT

 

AND

 

Defendant

XXXX

XXXX

XXXX

 

_________________________________________

 

WITNESS STATEMENT OF XXXX

_________________________________________

 

 

 

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

 

I make this Witness Statement in support of my defence dated 01 January 2018 and in response to the claimants claim dated 29 November 2017 which was submitted through*county court*bulk centre.

 

1. It is my understanding that the claimant must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act.

 

2. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. The claimant then issues on mass claims to circumvent and claim the full amount of 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 provident. On receipt of this claim I could not recall the precise details of the agreement or any debt and sought clarity from the claimant.*

 

I requested:-

 

A copy of the original agreement

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

A copy of the Default Notice/ termination notice

A copy of the legal deed/notice of assignment showing the claimants legal right to take action

 

4.Disclosures

 

The claimant has since complied and disclosed various documents however unable to comply with disclosing:

A copy of the statement of the account showing how the defendant has reached the amount claimed for,

A copy of the default notice/termination notice,

A copy of the legal deed/notice of assignment showing the claimants legal right to take action.

 

Statement of Truth

 

I, XXXX, the Defendant, believe the facts stated within this Witness Statement to be true.

 

Signed: XXXX

 

Dated: 11th March 2018

[AndyOrch]

Have you received their WS and disclosures ?