MMF/Moriarty claimform - old QQ PDL

[2ltr16valve]

Name of the Claimant ? Motormile finance uk ltd (MMF)

 

Date of issue – 01 Dec 2017

 

date to file defence - 03 Jan 2018

 

What is the claim for –

 

1.The defendant owes the claimant £292.81 under a regulated loan agreement with Casheuronet LLC T/A quick quid dated 03/09/2013 and which was assigned to the claimant on 01/12/2016 and notice of which was given to the defendant on the 01/12/2016 (Debt).

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

and the claimant claims £292.81 and further claims interest thereon pursuant to the section 69 of the courty court act 1984 limited to one year to the date hereof at the rate of 2.45% per annum amounting to £7.18

 

What is the value of the claim? £374.99

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Pay day loan

 

When did you enter into the original agreement before or after 2007? After - 03/09/2017

 

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 - Moriarty Law

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that im aware.

 

Did you receive a Default Notice from the original creditor? Not that Im aware

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Illness, SSP and had to leave work due to becoming disabled.

What was the date of your last payment? None made to my knowledge.

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? Im sure I made a payment arrangement at the time to pay late but couldnt pay.

 

Hi all,

 

Today I have received a claim from Moriarty law from CCBC, for a payday loan from Quick Quid.

 

This relates to a payday loan I took out in 2013 for £150.

 

Around this time I was ill, in and out of work on SSP so took this loan out as a desperate need for cash. I also had outstanding loans with wonga at the time which have now been written off due to being unaffordable.

 

Also, just logged in to acknowledge claim and i didnt notice at first but the claim is issued to a MS 2ltr16valve..... Ive been a MR for my life up until now .....

[AndyOrch]

Thread moved to financial Legal Issues.

 

Regards

 

Andy

[dx100uk]

Go do an IRL claim against QQ you'll win and get your money or interest at least

[2ltr16valve]

Thank you Andy. I didn’t know If to post there or here sorry

 

IRL Claim ?

 

I’ve sent them an email saying I couldn’t afford the loan but they have replied asking for pay slips and bank statements from when loan was taken out when is pretty difficult to get (would have to get copies as had messy break up with ex and she destroyed everything I owned)

 

Also, shall I acknowledge the claim even though the title of name is incorrect ?

[dx100uk]

Yep do aos CCA and cpr

[2ltr16valve]

Thank you dx.

 

I do the cca under cpr don’t I ?

[AndyOrch]

CCA request to the claimant and CPR 31.14 to the Solicitor (if different)

[2ltr16valve]

Thank you claimant is MMF. Solicitor is Moriarty law

[dx100uk]

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.

[2ltr16valve]

AOS done.

 

I will do CPR and CCA tomorrow.

 

Ive also just found a stack of sick notes from the doctor for the period this loan was taken out, will that be useful to send QQ for the IRL complaint ? my credit file should show wonga and oakham too outstanding at the time

[dx100uk]

might be best to start a new thread on the IRL complaint

but sick notes I don't think so.

but lots of existing debt and defaults yes

[2ltr16valve]

Should I (if possible) hot link the new thread to this one so people know state of play ?

 

as if IRL is sucessful then theres no debt - no claim

[dx100uk]

just put a link to this thread

 

i'm not 100% sure if the IRL WILL help

but its worthy to get one moving anyway.

 

from what I've seen here the majority of QQ IRL claims are successful.

[2ltr16valve]

I am looking at getting my defence written up tonight for this, is there anything specific to include ?

 

Been a bit delayed, my identical twin boys were born on 13/12

 

Thank you

[dx100uk]

well they failed to reply to CCA/CPR

100's of like threads here already with the defence

 

search CAG BOX = MMF/Moriarty claimform

[2ltr16valve]

I dont know if im just too sleep deprived/cranky but Ive looked through lots of mmf moriarty threads but can not find a example defence ?

[dx100uk]

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=MMF/Moriarty+claimform&sa=Search+CAG#gsc.tab=0&gsc.q=MMF%2FMoriarty%20claimform&gsc.page=1

[2ltr16valve]

Thats how ive been looking through the threads Dx, but cant see any defenses within the threads ?

 

Ive even tried adding "won" and "discontinued" to the search but drawn a blank :

( dont help both our twins have reflux so weve had next to no sleep the last 10 days

[dx100uk]

post 31 here

https://www.consumeractiongroup.co.uk/forum/showthread.php?472527-MMF-Moriarty-Law-Claimform-old-Cash-Genie-PDL-debt

[2ltr16valve]

Thank you DX.

 

Does this look okay ?

 

1.The defendant owes the claimant £292.81 under a regulated loan agreement with Casheuronet LLC T/A quick quid dated 03/09/2013 and which was assigned to the claimant on 01/12/2016 and notice of which was given to the defendant on the 01/12/2016 (Debt).

 

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

and the claimant claims £292.81 and further claims interest thereon pursuant to the section 69 of the courty court act 1984 limited to one year to the date hereof at the rate of 2.45% per annum amounting to £7.18

 

Defence

 

The Defendant contends that the particulars of claim are vague and generic in nature.

 

1) Paragraph 1 is noted and It is denied that the amount claimed is owed. It is denied that any Notice of Assignment has been sent or received.

2) Any alledged debt to the claimant is denied.

3) The claimant has failed to reply to the defendants CPR 31.14 request sent to them and duly signed for.

4)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 creditAct 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.

 

 

 

 

 

 

hows that for a first attempt ? :/

[dx100uk]

that doesn't look like its based on post 31 of that thread?

[2ltr16valve]

Ah okay, I took some of it and edited it :/ Ill try again

 

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 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted and accepted I have in the past had financial dealings with Casheuronet LLC T/A quick quid I do not recall the precise details or agreement and have sought verification from the claimant who has to date failed to comply.

 

3. Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served last year from either the Claimant or Casheuronet LLC T/A quick quid

 

4.It is therefore denied with regards to the Defendant owing any monies to the Claimant,

the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14.

therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; 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. On receipt of this claim I requested by way of a CPR 31.14 request copies of the documents referred to within the Claimants particulars to establish what the claim is for.

 

To date Moriarty Law have failed to comply in relation to my 31:14 request, with no reply.

 

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 creditAct 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.

 

 

 

Is that any better ? :s Also, how would I incorportate the IRL into the defense ? or should I leave it out ?

[dx100uk]

Leave IRL

Where's the CCA bit gone

 

Your point 1 is overall. Don't number that

[2ltr16valve]

Thank you.

 

Just looking through what was sent i missed the cca but did the cpr 31.14.

[dx100uk]

hope you haven't sent it yet!!