MMF/moriarty claimform - old Quid Quid PDL Debt

[bloodline67]

Hi all,

you’ve helped me out in the past so I’m hoping you can help me again.

 

Like a lot of people I got caught in the payday loan trap,

a lot of these have been cancelled by the companies themselves due to the fact they shouldn’t have loaned me the money in the first place

 

however, just recently I’ve been receiving letters from MMF chasing a pounds to pocket payday loan.

Maybe stupidly I just thought they were trying it on and so ignored them,

 

today though I’ve now received court papers from Moriarty Law.

 

The strange thing is I’ve checked my noodle report and not only are MMF not on any of the lender lists

but the pounds to pocket ones that are there in both the open and closed accounts don’t match the amount claimed nor does the date that the claim form states the agreement was made match any of the dates on my credit report.

 

So my questions are:

1) Do I still send of the court papers to defend my case?

 

2) If MMF aren’t on my credit report can they still chase the debt?

 

3) Why is the amount claimed and the agreement date different?

 

4) Could I still try and get the amount owed written off as an irresponsible loan as my others have been?

 

Thanks in advance for any help.

[dx100uk]

QQ aren't taking you to court MMF are

 

can you complete the following please:

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

[bloodline67]

Name of the Claimant Motormile finance uk LTD (MMF)

Date of issue – 12 Jan 2018

 

What is the claim for –

1.The defendant owes the claimant £370 under a regulated loan agreement with casheuronet LLC T/A Quick Quid dated xx/xx/xxxx and which was assigned to the claimant on xx/xx/xxxx and notice of which was given on the xx/xx/xxxx (debt).

 

2.Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £370

3.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 8.00% per annum amounting to £30

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not sure

 

What is the value of the claim? £370

 

Is the claim for - Payday loan

 

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

 

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. The debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I think so

 

Did you receive a Default Notice from the original creditor? Not sure

 

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

 

Why did you cease payments? Couldn’t afford them

 

What was the date of your last payment? Not sure as the date and amount from MMF don’t match any on my credit report

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. No

[jon8214]

Borrowed from DX

 

pop up on the MCOL website detailed on the claimformicon

.

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 Requesticon running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14icon request running to the solicitors

.

don't sign anything

 

your defence is due - by 4pm 13/02/18

[dx100uk]

when you copy and paste

remove the word ICON added to the above words in red

 

then you get the black handcuff links to work as well

that point to the required templates to send

 

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 start 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.

[jon8214]

Cheers dx

[bloodline67]

Thank you, I’ll keep you updated once I know more

[dx100uk]

get those 3 things done pronto

 

do NOT miss your defence filling date

[bloodline67]

Hi guys,

finally got a reply back from one of letters.

 

It’s from MMF and it’s just a copy of the agreement even though I asked for any other documents relating to the account.

 

It really doesn’t tell me a lot, it’s just 20 pages of agreement blurb with my name and address in the signature box.

 

What is strange though is on the accompanying letter from MMF where it says Your Balance the amount there is about £200 more than on the claim form,

 

also the date that’s in the agreement signature box doesn’t relate to any dates on my noodle report.

 

I’m still none the wiser which debt they are claiming for as none of the amounts that they are claiming for are on my noodle report and MMF are not named on any of them either, could my noodle report be wrong?

 

It’s getting near for me to submit my defence as well and I haven’t got a clue what to put down

 

so any help with this as well would be greatly appreciated.

[dx100uk]

there are numberous MMF/moriarty threads here already in this same legal forum with example defences

you should have already been using your self help time to look at them.

 

scan up what they have sent to ONE multipage PDF please

read upload

[bloodline67]

Thanks for the reply dx,

unfortunately I don’t own a scanner or computer just a tablet.

I’ll start looking at the other threads.

What are your thoughts on the discrepancy’s with my noodle report?

[dx100uk]

use another provider.

 

read upload you can use a phone or a camera

[brassnecked]

A tablet should have a camera,

[bloodline67]

That was hard work, attached is the Letter and agreement from MMF

attach.pdf

[bloodline67]

How does this look for my defence.

 

What is the claim for –

1.The defendant owes the claimant £370 under a regulated loan agreement with casheuronet LLC T/A Quick Quid dated xx/xx/xxxx

 

2.Which was assigned to the claimant on xx/xx/xxxx and notice of which was given on the xx/xx/xxxx (debt).

 

3.Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £370

 

 

4.and further claims interest thereon pursuant to section 69 of the county courticon act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £30

 

 

 

 

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. Paragraph 1 is denied .The Claimant claims £370 is owed under a regulated loan agreement with Casheuronet LLC T/A Quick Quid on xx/xx/xxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 77 request who are yet to fully comply.

 

3. Paragraph 2 is denied 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 01/12/2016 from either the Claimant or Peachey.

 

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 Claimants particulars 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.

Edited February 9, 2018 by Andyorch
Particulars added

[AndyOrch]

Just a few edits...you have still to reply to their point 3....point 4 you can ignore as its at the discretion of the court and if they actually get judgment.

 

 

Regards

 

Andy

[dx100uk]

due Tuesday by 4pm

[bloodline67]

Hi Andy, thanks for the help.

I’ve had a look through other threads similar to mine but I’m struggling to find what I need to put down for point 3.

[dx100uk]

use the search CAG box of the top red toolbar

 

moriarty claimform

 

100's there with exactly the same POC

[dx100uk]

PS that's not your POC you've put in post 15?

 

you must reply to the POC from your claimform as in post 3?

 

if you look it just has an extra para number inserted that's all

[bloodline67]

I’m sorry I’m getting very confused now,

 

I posted the defence in post 15 using the details from the claim against me.

I didn’t add the text in red.

 

Sorry if this appears clear to everyone else but it doesn’t to me.

[dx100uk]

so what you put in post 3 is sort of wrong and what is in red in post 15 is the correct wording of the claim against you?

 

your defence must be against the wording of YOUR POC [particulars of claim from the claimform YOU got]

[bloodline67]

To be honest with you I haven’t got a clue what I’m doing really,

even after reading the other threads it might as well be in a different language,

I just don’t understand it.

 

I thought I’d sort of got it right with my defence but I’m just even more confused then ever.

 

I understand that you are all very busy and trying to explain this to me must be very trying,

all I can do is apologise,

I’ve tried my best and I don’t want to waste anymore of your time.

 

Thank you all

[dx100uk]

you are not wasting our time at all

just you have to understand what and why you are doingthings your defence is ok

its simply you've aligned it to someone else particulars of claim numbering.

 

just change your ref's to which paragraph

[dx100uk]

I like the one in post 9 here

https://www.consumeractiongroup.co.uk/forum/showthread.php?479879-MMF-Moriarty-Claim-Form-old-Northway-Broker-Limited-PDL