MMF/Moriarty claimform- old WDA PDL

[AndyOrch]

Docs look good..its a relatively new agreement...so you would expect so and assume the court will.

 

Now if your disputing the amount owed then thats your line in mediation and try to negotiate a F&FS.

 

If that fails it proceeds to trial......Moriarty wont be in attendance...they dont attend court hearings as it costs too much.If you get the right DJ on the day, there is only you and him and you can justify your arguments about the amount....you may have success and he will adjust the amount accordingly.

[rintyrad]

thanks

[rintyrad]

Ok so just to throw a spanner in the works here.

 

I thought I would throw in an irresponsible lending complaint to wage day advance. Apparently I had four loans with them and they have deemed loans 3 and 4 to be irresponsibly lent, leaving me with a balance of £267 to pay to them.

 

What do you think my play should be here?

[AndyOrch]

Still have to deal with the claim...anything regards to ILC is with the original creditor...not this claimant.

[rintyrad]

so does this not change anything, if the original creditor is saying i dont owe what they are saying i owe?

[AndyOrch]

No as the debt has been assigned....you could inform Moriarty and ask them to speak to WDA

[rintyrad]

do you think that is the best thing to do then or...?

[AndyOrch]

Have you got this confirmed in writing #post 53 ?

[rintyrad]

yes i've got a pdf document from wage day advance confirming that they loaned me 2 loans irresponsibly and the total amount repayable is £267.97. i haven't agreed to repay it obviously as this is going on to

[AndyOrch]

Then as above....possibly submit a copy to Moriarty and or ask WDA to recall the assigned debt as its subject to a court claim...see what response...but I personally dont think it will make any difference.

[rintyrad]

hmmm ok. surely this would if when it goes to court or in the mediation process i am having.

 

if it clearly states i only owe £267 for the original debt?

[AndyOrch]

Possibly.

[rintyrad]

I emailed moriarty law what wage day advance had said.

 

They replied saying we are no longer instructed in connection with this matter and the account has been closed and returned to our client.

 

I emailed lantern/motormile finace and they say we can confirm there are no court proceedings against the account and the balance needs to be paid.

 

I haven’t had a call from this mediation service yet and it is meant to be on the 30th, is it worth me checking somewhere that they have cancelled court proceedings?

[AndyOrch]

Check with the court if the claim has been amended/ withdrawn/discontinued.

[dx100uk]

'that account'

but you had 4 with WDA

 

so did you ask about the one they state in their Particulars of claim?

this could be one of the others they are talking about

[rintyrad]

update

 

i phoned moriarty law they have instructed the court to discontinue this.

 

i rang the court this hasnt been put through yet though when i phoned the court.

 

i offered lantern £200 as a final offer to settle it, and they accepted.

 

moriarty who are not dealing with it anymore said the court should update once they have cleared backlog

[AndyOrch]

The claimant should also send you a copy of the Notice of Discontinuance.

[UKDomains]

update

 

i phoned moriarty law they have instructed the court to discontinue this.

 

i rang the court this hasnt been put through yet though when i phoned the court.

 

i offered lantern £200 as a final offer to settle it, and they accepted.

 

moriarty who are not dealing with it anymore said the court should update once they have cleared backlog

 

I would suggest getting EVERYTHING in writing before paying them anything. As they have a habit of forgetting. Insist on FULL and FINAL settlement and that they confirm you do not owe them ANYTHING else for ANY other account.

 

Remember as part of irresponsible lending, to have any and all markers removed from your credit file as well regarding these loans they said they were incorrect in lending to you.

[rintyrad]

Looking for a bit of advice on this one.

 

Moriarty law sent me a letter saying they are no longer dealing with the debt and they have handed it back to Wage Day Advance(I have paid Wage Day Advance now)

 

They sent they had enclosed a notice of discontinuance but there was nothing attached.

 

I first rang up and said this and they said that this letter was all they needed to send legally as they had sent the notice of discontinuance to the court.

 

I phoned the court and they have advised that they haven’t received this(Moriarty said they sent it 14/08)

 

I have also phoned up and asked them to send me a copy of the notice of discontinuance, this was Tuesday have yet to receive anything.

[dx100uk]

fun and games then

ring again monday

[rintyrad]

what happens if the court doesnt receive this notice of discontinuance they claim they have sent?

[AndyOrch]

The claim wont be discontinued...it has been allocated though and unless they inform the court it will be struck out anyway for none compliance.

 

Given that you state you have settled the debt anyway..it may be prudent to request a Certificate of Satisfaction/Cancellation as proof of payment.

 

https://www.gov.uk/government/publications/form-n443-application-for-a-certificate-of-satisfaction-or-cancellation

[rintyrad]

what sequence of events would result in it being struck out then?

 

I'll continue to chase this up Monday i'm just a bit worried thats all

[AndyOrch]

I assume this has already been allocated with reference to mediation....next stage is Court Directions and what each party must comply with by what date...either party fails to comply...claim is struck out.....unless they do receive the NoD in the meantime.

[rintyrad]

yeh went to mediation, transferred to reading court thats all i've hear.

 

oh really so even if i didnt comply with it, the claim would get struck out. how does that work then?