MMF/moriarty claimform - old Quid Quid PDL Debt

[bloodline67]

Thank you very much for your patience, I’ll see what I can do when I get back in this evening as I’ll need to submit it tonight as I won’t be home in time tomorrow

[AndyOrch]

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

 

Post#12 DX is the amended version...as #9 did not respond to the particulars.

 

 

Andy

[dx100uk]

ah yes sorry andy

 

so post 12 here BL67

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

[AndyOrch]

And also the following must be clarified before a defence is submitted....

 

 

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

[bloodline67]

I think I received the usual threat-o-gram saying may take you to court, is that what you mean

[dx100uk]

post 6 here

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017(1-Viewing)-nbsp

would have been entitled a letter of claim.

and would have been of very recent too

[bloodline67]

As far as I am aware I haven’t received anything like that

[bloodline67]

How does this look:

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

 

2.And 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.

 

 

 

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.

 

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. 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 xx/xx/xxxx 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 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 of Claim to establish what the claim is for. To date the Claimant's 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 credit 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.

[AndyOrch]

Correct now added the line in blue above.

[dx100uk]

thanks andy

go on to mcol bline and file it tonight ..job done!

[but not the red bit:]

[bloodline67]

Thank you all for your help, defence now sent

[dx100uk]

the clock now ticks for them....

[bloodline67]

I’ve now had some documents from moriarty which I’ll try an upload tomorrow,

 

I’ve just noticed something that I should have noticed before.

The claim is for a quick quid loan but on checking my credit file again I’ve never had a quick quid loan,

 

the only outstanding one is for Instant Cash Loans T/A Payday Uk and a pounds to pocket one (which moriarty have just started chasing) which I assumed was another trading name for eurocash.

 

Is that relevant?

[dx100uk]

just because its not on your credit file doesn't mean you didn't have one with them..

 

even MMF are not THAT stupid to produce a claimform and fake documents for a loan you didn't take out

unless it is ID theft or Fraud using your details?

[bloodline67]

That would explain why I can’t find anything that ties in with what they’ve sent me,

 

also all the documents they’ve sent me,

apart from the credit agreement which is the same one that I’ve uploaded, are all headed MMF.

 

None are from the original creditor.

[dx100uk]

well they are [the agreement] from the OC else that would be fraud on behalf of MMF.

and they'd never do that.

 

so the Q remains about if someone else took this out using your details.

had you moved just before this date?

[bloodline67]

Hi, These are the letters that I received from moriarty

mmf statement and assignment .pdf

[dx100uk]

so the Q remains about if someone else took this out using your details.

had you moved just before this date?

[bloodline67]

I had moved the year before I think, but I had taken out so many payday loans that it could be mine, I just don’t remember

[dx100uk]

Did you have mail redirection

[bloodline67]

No I didn’t, but looking at the details of the claim I think that it’s more than likely that it could be mine

[bloodline67]

Hi, well after not hearing anything for a long while I received the notice of proposed allocation to the small claims track yesterday. It all looks pretty straight forward, I tick yes to mediation, yes to agree to fast track, choose the court I want. Do I do anything with the expert evidence part or just tick no?

Thanks

[AndyOrch]

Hi, well after not hearing anything for a long while I received the notice of proposed allocation to the small claims track yesterday. It all looks pretty straight forward, I tick yes to mediation, yes to agree to fast track, choose the court I want. Do I do anything with the expert evidence part or just tick no?

Thanks

 

 

Agree to Small Claims Track.

 

No to expert evidence

 

Andy

[bloodline67]

Well I’ve finally had a reply, surprisingly they’ve agreed to mediation. So my question is where do I go from here? Any advice on what I should say or not say, what should be my opening question?

Thanks

[AndyOrch]

https://www.consumeractiongroup.co.uk/forum/showthread.php?433406-Alternative-Dispute-Resolution-(Mediation)