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

[fkofilee]

Who did the home visit? MMF or their pets @ Resolvecall? / Scotcall?

What a lovely Xmas present from Peachy - Lets increase your balance...

[Kingsbest]

They threatened to come round un-announced though I never saw anybody!!!!

[Kingsbest]

Just an update

northampton.pdf

[dx100uk]

Std court letter everyone gets

[Kingsbest]

received today

[AndyOrch]

The norm if the claimant intends to proceed to allocation.

[Kingsbest]

The norm if the claimant intends to proceed to allocation.

 

Thanks Andy I'm just posting as I receive so others can see & also so you guys have the relevant info as you are kindly helping me,

Regards

[AndyOrch]

I fully agree helps newbies with the process...plus its a personal reference for you so you have all documents copied.

[Kingsbest]

Just Received the Small Claims Track

Said Yes to Mediation / Yes to small claims Track / Named my local county court & Witness myself

 

Sending 3 copies of N180 to :

1. court

2. Moriarty (Sol)

3. MMF (Claimant)

 

Having read many threads here am I right in saying Moriarty seem to go the furthest??

why is that?

 

It seems to me that its almost inevitable I will have to attend court & they don't themselves..

.is that right?

 

Last but not least when I get offered mediation I say NO as the Claimant & Solicitor have not provided me with all the documents I requested???

 

Regards

Edited May 18, 2018 by dx100uk
merge

[dx100uk]

Just Received the Small Claims Track

Said Yes to Mediation / Yes to small claims Track / Named my local county court & Witness myself

 

Sending 3 copies of N180 to :

1. court

2. Moriarty (Sol)

3. MMF (Claimant) no

 

Having read many threads here am I right in saying Moriarty seem to go the furthest??

why is that? no they don't..

It seems to me that its almost inevitable I will have to attend court & they don't themselves..

.is that right? yep

 

Last but not least when I get offered mediation I say NO as the Claimant & Solicitor have not provided me with all the documents I requested???

 

Regards

 

 

but you don't say that until the actual call wanting to arrange mediation, until then you continue to say yes which shows you are willing to undergo the spirit of mediation.

[Kingsbest]

Good Afternoon.

Since my last post things have moved on considerably.

I received the call wanting to arrange mediation however we could not mediate as the Claimant & Solicitor have not provided me with all the documents I requested.

The claim was then transferred to the County Court Hearing Centre.

 

On 21st July District Judge Bell considered the statements of case & directions questionnaire filed---small claims track & he ordered that the claimant must send a bundle to the court & defendant by 10th August

 

I received Moriarty Law bundle today.

 

By 24th August I (defendant) must send to court & claimant bundle.

 

Below are copies of letters received from the court :

 

This James Devane seems like a dog with a bone to me going to the death.

 

Is he known to you & your team?

 

He wont be attending Court see below :

 

I cannot find many legal successes against Moriarty Law on here esp payday loans.

 

Can you advise with regards to my Court Bundle.

 

I am searching this forum for examples similar to mine but am so far struggling.

 

Below is James Devane & Moriarty Law Witness Statement :

Regards

docs1.pdf

[AndyOrch]

Standard Allocation N157..." Notice of Allocation " simply follow the directions and by date.

 

You have to draft a Witness statement with Exhibits...thats your bundle done...3 copies...Court Claimants Sol and file.

 

 

Andy

[dx100uk]

use the search CAG box of the top red toolbar

 

moriarty claimform witness statement

 

there are 100's of threads with it, most are not in the successes forum as the claim is merely stayed in most cases thus not a 'win' par say.

[dx100uk]

can we have all the exhibits please to one pdf too

[Kingsbest]

Just sorting now

[AndyOrch]

I only transfer the success threads every 2/3 months so you may find more here in the Financial Legal Issues Forum.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?482413-JC-Moriarty-claimform-Talk-Talk-Broadband-debt***Claim-Dismissed***/page2

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?487804-MMF-Moriarty-claimform-old-WDA-PDL/page3

[dx100uk]

all docs now merged to one multipage pdf in post 36

[Kingsbest]

Afternoon all.

Ive been on holiday & just remembered I have to send my witness statement by 24/8/18.

 

Could you take a look @ the below please.

 

I *****, being the Defendant in this case state as follows;

 

I make this Witness Statement in support of my defence dated *****l 2018 and in response to the claimant’s claim dated ****** 2018 which was submitted through county court Business Centre.

 

1. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought en masse as portfolios at a much reduced cost to the amount claimed ...10p to 15p in the pound and which are already written off as capital loss and claimed against taxable income by the original creditors. The claimant then issues claims en masse with little or no evidence or documentation as a ‘fishing exercise’ claiming the full amount of alleged debt to maximise profit.

 

2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

3. Background

 

Save insofar of any admittance it is accepted that a contractual relationship did once exist between myself and CASH ON GO LIMITED TRADING AS PEACHY. On receipt of this claim I could not recall the precise details of any agreement or any debt, numerous years having passed since the alleged agreement date, and therefore reasonably sought clarity and information from the claimant.

 

On the ****** 2018 I formally demanded via CPR 31.14 and s.77 CCA 1974:

 

A copy of the original agreement;

A statement of account;

A copy of the terms and conditions as applicable at the time of the agreement;

A copy of any Default Notice/ termination notice;

A copy of notice of assignment showing the claimant’s legal right to take action

 

Having made a claim the above data should have been immediately and fully available from the claimant and as per the above formal requests duly sent to the defendant to allow a swift conclusion.

 

4. Disclosures

 

 

The claimant has supplied some documentation but has failed to comply fully with my formal requests.

 

The claimant in an attempt to comply with my section 77 request initially sent a copy of an agreement which is not even connected to this claim and therefore remains in default of this request and is not entitled to enforce the agreement while the default continues pursuant to section 77.4 (a)

 

The claimant has failed to provide:

 

A statement of the account showing completely and exactly how the amount claimed for has been reached

 

A copy of the default notice/termination notice.

 

For a creditor to enforce a credit agreement against a debtor, they must serve the latter with a default notice, this notice must be served in accordance with section 88 of the Consumer Credit Act 1974 (CCA). The claimant within its witness statement has completely avoided referring to the above or any explanation of any alleged breach or cause of action.The claimant is therefore put to strict proof to evidence any breach and the service of a valid Default Notice pursuant to section 87.1 CCA1974.

 

5. Conclusion

 

The claimant has failed to comply with my formal requests, is in default and therefore I must assume that this is due to the claimant not having any of the above mentioned legally required documentation and has merely issued a speculative claim in the hope of obtaining an undefended default judgment.

 

I believe that the facts contained in my witness statement are true

 

Silly question but James Devane bundle is massive!!!!

What documents should I be exhibiting?

Edited August 24, 2018 by Andyorch
Edited

[AndyOrch]

Section 77 and CPR 31.14 request...and any responses.

 

 

Andy

[Kingsbest]

Hi Andy,

I have sent off the witness statement with numbered indexed attached bundles to both court & solicitor with covering letters.

I attached the copy of the wrong agreement sent by MMF & also just copied & indexed my Section 77 and CPR 31.14 request letters & all the agreements, bits & pieces Moriarty sent to me which they also had in their bundle.

 

So I presume soon I will get a court date & attend & obv Moriarty & James Devine wont be as they stated.

 

I would like to be ahead of the game can you give me my main argument if challenged & what would you say?

 

Simply they haven't produced the default notice I requested.

 

Would you admit anything & is it a judge lottery as ive read on here as to what the outcome will be?

[AndyOrch]

Have you not already got the hearing date?...its normally listed with the directions (Notice of Allocation)

 

Edit...just checked ...to be confirmed by the court.

 

You have to wait now until you receive their statement and the points they will rely on.

[Kingsbest]

Andy,

I have already received their witness statement its on #36

[AndyOrch]

Ah okay...well your statement should respond to theirs and counter their points......that becomes your main points of argument.

[Kingsbest]

Ah okay...well your statement should respond to theirs and counter their points......that becomes your main points of argument.

 

My wife has not sent off the paperwork ive just found out was waiting until today....phew

 

Would it be possible for you to take a look at his witness statement and mine & advise how to amend

 

Many thanks,

 

I will donate regardless of result for your time and help

[AndyOrch]

What date do you have to exchange and file ?