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    • Thank you for your responses. I brought my claim within the required period; I have now got my tribunal date 6 months after the incident first occurred. To clarify, I meant I have been researching the CAB website, I have not actually spoken to anyone about this matter due to workload and fear of being landed with a bill.   Best Regards, Scott
    • Hi, If you are getting advice from CAB it's best to stick with them. Getting advice from 2 different sources will cause conflict/confusion so It's best that you stick to the CAB as a pose to using this forum. People on here are volunteers and whilst we're happy to help, getting help from two sources at once isn't very good use of either places resources. I wish you the best for your case.  
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    • Hello All After spending 6 months trying to get £1,500 of unpaid wages from my previous employer and going through early conciliation with ACAS, I now have an Employment Tribunal date of 20 / 09 / 2024. The Citizens Advice Bureau and posts on here have been really helpful, but I am unsure on a few points: 1) I have to send a document setting out how much money I am claiming - is there a template / recommended format for this? 2) Can I claim 8% statutory interest from the start, or is this just if they do not pay any award on time? 3) I was looking at getting a solicitor, but the estimated fees are £4,000 to £6,000 - would I be able to claim these fees from my employer if I win, presumably I would have to pay if I didn't win? 4) If I don't get a solicitor, I believe I can claim £41 per hour preparation time - how hard is this to prove / claim? I will probably think of other questions later, many thanks in advance for any responses to my questions or any other suggestions / advice. Best Regards, Scott
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MMF/Lending stream court action in progress


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Help please.

 

I have defended a claim from Moriarty Law acting on behalf of Motormile Finance (MMF) received late last year.

They say this is for a fixed sum loan with Lending stream.

I wont go into all of the details so far, just want advice what to do next?

 

I did all the usual requested CCA, did not receive, failed mediation and was passed to my local county court.

 

My local court sent a form last month ordering

 

The claimant shall by 2/3/18 file and serve upon defendant in compliance with sect 76 & 79 0f 1974 CCA all relevant info & documents.

In default, the claim be and is herby struck out.

 

I received a letter from Moriarty dated the 1/3/18 on the 2/3/18

 

I will not repeat what was received in the letter word for word but give you an oversight of what it entails.

If you need more info please let me know, thanks.

 

It starts by referring to the order from the court, then goes on to refer to the agreement I had entered the amounts and failure to pay etc etc

Then says section 76 does not apply to an agreement that has ended as indeed is the position in your case

Then says sect 79 does not relate as is for consumer hire agreements

Confirms they have sent copy to court by way of filing

Ask me to acknowledge receipt and enclosures.

 

The documents they have indexed by page, document and date are

 

Fixed sum loan agreement from LS dated 20/8/12

Notice of assignment dated 20/2/14

then 3 letters from claimants solicitor to defendant dated 25/8/17, 11/9/17 & 19/10/17

 

I have already picked a few flaws with this info, but need to know do I reply to them or wait to hear from local county court.

 

Thanks in advance

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they are correct should have been section 77 CCA

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dx,

 

My letter to them was in this format,

 

I do not acknowledge any debt to your company or its clients.

 

With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to.

This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.

 

2. A full statement of account.

 

3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

4. A copy of any other documents referred to in the agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of our credit agreement on request.

I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

Please note that under no circumstances should this payment be set aside any alleged debt.

 

If you are unable to supply the documentation requested, this fee should be returned.

 

I understand a copy of our credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the act.

 

So has the Judge made an error by stating in compliance with section 76 & 79 only?

 

Thanks

Edited by dx100uk
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DEED drop that rubbish for a start

 

someone at the court house has made a typo

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

ring the local court and tell them someone has made a typo and said section 76 rather that section 77 in their orders to the claimant.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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