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MMF/Moriarty claimform - old Peachy***Claim Struck Out***


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Name of the Claimant ? MMF

 

Date of issue – 28th March 2018

What is the claim for –

 

 

The defendant owes the claimant £385 under a regulated agreement with cash on go limited t/a peachy dated 27/11/2012 and which was assigned to the claimant on 07/01/2014 and notice of which was given to the defendant on 07/01/2014 (debt).

 

 

Despite the formal demand for payment of the debt the defendant has failed to pay and the claimant claims £385 and further claims the interest thereon pursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £30.80

What is the value of the claim? 500.80

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. mmf

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

Did you receive a Default Notice from the original creditor? Possibly

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

Why did you cease payments? could no longer afford payments

What was the date of your last payment? DEC 2012

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

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Thread moved to Financial Legal Issues.

 

Regards

 

Andy

We could do with some help from you.

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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.

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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Good Afternoon all,

Around 5-6 yrs ago I got myself into a lot of debt with 2 credit cards & numerous payday loans mainly due to a gambling addiction.

I was using them to pay each other off & finally I couldn't go on paying them as i had nothing left & knocked them all for which I am not proud.

I dug my head in the sand & literally ignored every letter, email, phonecall & door stop etc etc.

When the **** hit the fan i did not pay any one of them.

I have done what i have done & I am not proud/ happy about being irresponsible many years ago but it seems they have caught up with me.

I recently had letters from Moriarty Law :

 

Timelime : 7th Feb 2018 Moriarty Law fishing letter -ignored

21st Feb 2018 Moriarty Law Letter of Claim-ignored

9th March 2018 Moriarty Law Letter Final Demand before Proceedings-ignored

17th March 2018 Moriarty Law Letter Another Warning-ignored

28th March 2018 Moriarty Law Letter Issued Proceedings Northampton CC

A claim was issued against you on 28/03/2018

Your acknowledgment of service was submitted on 10/04/2018 at 19:14:26

Your acknowledgment of service was received on 11/04/2018 at 08:02:09

I sent a CCA Request to MMF on 17/4/2018 signed for received by them 18/4/2018

CPR 31:14 request to Moriarty Law on 17/4/2018 signed for received by them 18/4/2018

 

Today 23/4/2018 letter dated 20/4/2018 I received a letter from Lantern / MMF with a COPY AGREEMENT INFORMATION for a completely different Pay Day Loan (Cash Genie) £200 which they say has been transferred to BPO.

 

And you couldn't make it up but they sent my wife who was issued with a CCJ very recently by Moriarty/MMF also my £1 postal order back!!!!!!

 

To date i have heard nothing from Moriarty Law.

 

The question is what do i do next please?

 

From reading numerous threads on here I presume i have to produce a defence by 29/4/2018

 

Because Lantern sent me a reply to my CCA but for a completely different debt is that classed as not receiving anything?

 

I would appreciate any help given please regarding this

 

Regards & Thankyou

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plenty of MMF/PDF defences here already

have a go post it up and we'll help.

 

when you get this sorted

get irresponsible lending claims off to every PDL company you've ever used.

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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If you could take a look @ the below Defence it would be appreciated

 

1.the defendant owes the claimant £385.00 under a regulated loan agreement with cash on go limited t/a peachy dated 27/11/2012 and which was assigned to the claimant on 07/01/2014 and notice of which was given to the defendant on 07/01/2014 (debt).

 

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

 

3.and the claimant claims £385.00

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 £30.80

 

 

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. The Claimant claims £385.00 is owed under a regulated loan agreement with Cash On Go Limited T/A Peachy. I did not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a Section 77 and CPR 31.14 request who are yet to fully comply.

 

3. 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 X from either the Claimant or Cash On Go Limited T/A Peachy.

 

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 in order 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.

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If this defence is ok I also have a couple of other questions:

1. Would you wait until the actual date the defence should be filed to submit on MCOL or just do this straight away?

2. MMF/ Lantern having replied to my CCA request with a completely different debt does this need to be mentioned or by saying failure to comply simply good enough?

Regards

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If this defence is ok I also have a couple of other questions:

1. Would you wait until the actual date the defence should be filed to submit on MCOL or just do this straight away?

2. MMF/ Lantern having replied to my CCA request with a completely different debt does this need to be mentioned or by saying failure to comply simply good enough?

Regards

 

Nothing to be gained by filing early..just file on time and yes you should make mention that in an attempt to comply with your section 77 request the claimant has sent a copy of an agreement unconnected the claim.

 

Andy

We could do with some help from you.

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Hi Andy, have I inserted in the correct place on the defence, regards

 

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. The Claimant claims £385.00 is owed under a regulated loan agreement with Cash On Go Limited T/A Peachy. I did not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a Section 77 and CPR 31.14 request who are yet to comply.

 

3. 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 X from either the Claimant or Cash On Go Limited T/A Peachy.

 

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 in order to establish what the claim is for. To date the Claimant solicitors, Moriarty Law, have failed to fully comply with this request. The claimant in an attempt to comply with my section 77 request has sent a copy of an agreement which is not connected to this claim.

 

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.

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Andyorch

I have entered my defence as above on the Defence Particulars page & saved.

Just ready now to sign & submit.

Just because I am paranoid about dates do you agree the submit time is before 4pm 29th April 2018 (this is a Sunday I presume still ok??), the issue date was the 28th March 2018.

regards

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Submit by Fri 27th before 4.00pm or now...system closes over the weekend so any defence submitted will be treated as submitted Mon 30th

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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ONE multipage PDF ONLY please read upload

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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where the rest of iT?

 

no T&C

no online sign tickbox

no default notice..

 

bogroll without those

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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Wait Wait Wait... They are adding Interest to this? Or so they say in their letter in your first attachment.

At the interest rate set out in the Agreement? Has the debt increased since being in their hands?

 

Wait also they are charging £301 in penalty fees etc? Thats more then the original debt?!?!?!?

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Is this everything? There is a whole load of stuff missing!

No DN which is bad enough. Also what does their "Penalty" break down as... It isnt clear...

 

Oh wait i see they did a balance adjustment and its been inflated with legal costs.

Edited by Andyorch
edited

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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These are all taken from email demands from Peachy & at this time I probably had 6-8 payday loans & ignoring them all burying head in the sand :

 

29/10/12 Loan £220

28/11/12 Loan extended

24/12/12 payable £284.40

25/12/12 payable £311.60

27/12/12 payable £313.80

29/12/12 payable £332.40

31/12/12 payable £334.60

2/1/13 payable £353.20

7/1/13 payable £362

7/1/13 payable £376.20

11/1/13 payable £385

14/1/13 payable £389.40 21 days overdue

17/1/13 payable £410.20

21/1/13 payable £428.80

21/1/13 payable £431

25/1/13 payable £439.80

28/1/13 payable £456.20 35 days overdue Offered a full & final settlement for £324.35

30/1/13 payable £462.80

4/2/13 payable £483.60 42 days overdue

4/2/13 payable £485.80

7/2/13 payable £539.20 Final Warning

8/2/13 payable £543.60

15/2/13 payable £559

22/2/13 payable £574.40

26/2/13 payable £583.20

27/2/13 payable £585.40

6/3/13 email Marshall & Partners

18/3/13 final notice

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