Merligen/Moriarty Claimform - old Morses club limited Doorstep Loan ***Claim Dismissed***

[ThornF]

Hello everybody first post on the forum

 

I would like to know if its now time to give up and accept the CCJ

 

Looking for some advice on how to proceed with a county court claim that has been issued against me.

 

The case is now in the final stages with witness statements already been exchanged and the court date set for the 8th February.

 

here is what has happened so far -

 

Claimant - Merligen investments limited

Claimant solicitors - Moriarty Law

Amount claim - £281.28

Original creditor - Morse's club loans

Issue Date: 26/07/2017

 

Particulars of Claim:

 

1.The claimants claim is for the balance due under an agreement (debt) with Morses club limited dated 02/06/2011 under which the defendant agreed to repay monthly installments but has failed to do so and which debt was assigned to the claimant on the 17/03/2014 and notice of which was given to the defendant on 17/03/2014 and which debt is now due and payable.

 

2.and the claimant claims the sum of £191.00.

The claimant also claims interest thereon pursuant to S.69 county court act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £15.28

 

_____________

 

CCA and CPR 31.14 requests sent 03/08/2017

 

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letter received from Moriarty law acknowledging the requests but no documents - 08/08/17

 

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28/08/17 Defence filed with the court.

 

______________

 

15/09/17 acknowledge of defence - Claimant proceeding with the claim

 

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28/09/17 Directions questionnaire sent to court and claimants solicitors, agreed to mediation

 

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08/08/17 - Call from mediation told was unsuitable since i have received no documents

 

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08/11/17 - Date set for the 8th February, witness statements to be sent to the court and claimants solicitors no later then 21 days before the hearing.

 

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16/01/18 - Sent my witness statement all be it very basic with the letters i have sent and stating i have not received any documents.

 

 

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18/01/18 - Received the witness statement from claimants solicitors

 

Contained the following documents -

 

CCA which is signed but with no date (Not sure if the undated cca makes any difference)

Statement of account

Notice of assignment

3 letters they have sent to me in 2014, 2016, 2017

 

_______________

 

 

Please go easy on me this is the first CCJ i have ever tried to defend, not sure if i have missed anything out.

 

I know the claim is not for an awful lot of money but even that amount i will struggle to find.

 

Any help would be greatly appreciated, thanks for reading

[Bazooka Boo]

Evening and welcome,

 

Plenty of others will advise, so just a quick question, WHEN, did you last pay anything toward this? And WHEN did they issue court papers?

[renegadeimp]

Well, theyve already made considerable mistakes, so dont give in. Sit tight and youll get advice to sort this out.

 

Just s an aside, when was the last time you mad epayment to the debt, or written acknowledgement to the debt BEFORE you got the claim

[fkofilee]

Post up your all docs if pos minus personal info.

Also what did you submit as your Witness Statement?

 

Mor Law (Or Less Law I like to call them) Regularly do court with MErligen and MMF. Plenty of threads on this which you can search for up above in the search box...

Can you tell us more on what happened?

 

As it was issued before the 1st Oct 2017 change to PAP - It means that you will have to deal with this the old way

[ThornF]

Hello thanks for both your reply's

 

Last payment made according to statement of account - 14/03/2013

 

I have never made any written contact acknowledging the debt.

 

Claim was issued 26/07/17

 

Thanks

[ThornF]

Post up your all docs if pos minus personal info.

Also what did you submit as your Witness Statement?

 

Mor Law (Or Less Law I like to call them) Regularly do court with MErligen and MMF. Plenty of threads on this which you can search for up above in the search box...

Can you tell us more on what happened?

 

As it was issued before the 1st Oct 2017 change to PAP - It means that you will have to deal with this the old way

 

Ill upload all docs now, here is my witness statement which is probably not that great

 

I MR xxxxx OF xxxxx being the Defendant in this case will state as follows

 

 

1. I make this Witness Statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.

 

 

2. On the 03/08/2017 I made a written request to the claimants solicitors, Moriarty Law of 15 Old Bailey, EC4M 7EF, requesting that the claimant provides all documents in the statement of case [EXIBIT A]

 

3. On the 03/08/2017 i sent a formal request to Merligen Investments Limited of 7/10 Chandos street, Cavendish square, London, W1G 9DQ, requesting a copy of the orignal credit agreement. [EXIBIT B]

 

4. On the 07/08/2017 The claimants solictors replied to my request[EXIBIT C] without the requested documents.

 

5. I have not received any of the documents mentioned in the claim form.

 

6. The Claimant has mentioned the credit agreement and the assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents.

 

Statement of truth

 

I Mr , believe the facts stated within this witness statement to be true.

 

 

Signed . . . . . . . . . . . . . . . .

 

Date: 16/01/2018

[dx100uk]

you seem to be doing fine

typical MO for Moriarty claims is they run at the last minute.

 

did you have other PDL's and a crap credit file when you took this out......yep Irresponsible lending claim time...

[fkofilee]

Ooo Ooo Is it me time again? ^__^

Check out the irresponsible lending guide we have here at CAG if you do want to claim

 

https://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=69475

[ThornF]

yes going from the documents sent i think this was the 6th loan from morses, i also had other agreements with other company's at the time including payday loans

 

just trying to upload docs now

 

Thanks for your help i appreciate it

[fkofilee]

Concentrate on making this case go away and THEN do a reclaim

[ThornF]

docs

Claimants WS.pdf

[ThornF]

never been to court before, i have no idea what i am relying on

 

Here is the letter i received from the court.

 

Thanks

court directions.pdf

Edited January 24, 2018 by ThornF

[dx100uk]

you have ofcourse checked the obv that they have paid the fee?

 

dx

[ThornF]

Yes i rang the court in the hope that they didn't pay the fee but yes they paid.

 

If they was to win and i got a ccj will it be alot more then they have claimed with the costs?

[dx100uk]

nope only the claimed sum.

[dx100uk]

did you ask for the default notice in your CPR request

what defence did you file

verbatim please

 

and where are the T&C's for the loan

 

yes bring up that undated CCA

 

 

your issue is you blinked first on the WS return.

for those reading NEVER do that !! even if they are late

yours can be late as you are a litigant in person

they should know better!!

[ThornF]

1.I received the claim xxxxx from the Northampton County Court on 27/07/2017

 

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

 

3.This claim appears to be for a Loan agreement regulated under the Consumer Credit Act 1974.

 

4.It is denied that the Defendant has previously entered into an agreement with Morses Club Limited for provision of credit.

 

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

 

6.The Claimants statement of case states that the account was assigned from Morses Club Limited to Merligen Investments on 17/03/2014.

The Defendant does not recall receiving notice of this assignment.

 

7.It is denied that Morses Club Limited served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974.

The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

 

8.On the 03/08/2017 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Moriarty Law. I requested the Claimant provide copies of the Agreement and Notice of Assignment.

 

9.Moriarty Law has not sent any of these documents to me.

 

10.On the 03/08/2017 I sent a formal request for a copy of the original agreement to Merligen Investments Limited pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

 

11.The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

 

12. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), however they have failed to respond to the invitation.

 

13.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

 

14.I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

 

15.In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

 

16.It is denied that the Claimant is entitled to the relief as claimed or at all.

 

Statement of Truth

 

The Defendant believes that the facts stated in this Defence are true.

[dx100uk]

the failure to provide a default notice is fatal to their claim

[ThornF]

did you ask for the default notice in your CPR request

what defence did you file

verbatim please

 

and where are the T&C's for the loan

 

yes bring up that undated CCA

 

 

your issue is you blinked first on the WS return.

for those reading NEVER do that !! even if they are late

yours can be late as you are a litigant in person

they should know better!!

 

No t&c's have been sent to me there supposed to be on the back of the cca but there not.

 

I will check my paperwork to see if i asked for the default notice

[dx100uk]

you mentioned it in your defence

 

IMHO gameover

 

7.It is denied that Morses Club Limited served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974.

The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

[ThornF]

I didnt request the default notice in the cpr unfortunately i think i was under the impression you could just request what was in the particulars of the claim, will that affect me now as i still mentioned it in my defence?

[dx100uk]

As post 20

They know its fatal to a claim

Point that out to the judge

[ThornF]

Oh thats great thanks

[ThornF]

Hi,

 

The court date is fast approaching next week,

Slightly nervous i must say as i have never been to court and do not know what to expect.

 

I am assuming I'll be given a chance to speak?

 

What points should i focus on and hows best to approach them?

 

These are the points so far is there anything else i am missing.

 

No default notice

No t&c's on credit agreement

The credit agreement is undated

 

Am i allowed to write some notes and take them into court?

 

Sorry for all the questions any advice would be greatly appreciated.

 

Thanks

[dx100uk]

post 20

moriarty never turn up anyway.........