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    • Hi, I am a local authority tenant and was in a 3 bed house. At the end of last year, my last child moved out and so did my spouse as we are now going through a divorce which meant that I was in the house alone and decided that I needed to downsize not only for myself but to offer the property to a family that needed it. I registered on the local authority housing bidding site as i was asked to do and I was accepted and given a priority banding as I was downsizing and they were desperate for my house. I have been extremely lucky and after about 6 weeks was accepted for a new build from a housing association via the housing gateway. I viewed the property 2 weeks ago and had to sign the tenancy last week when they were doing bulk signups for the houses and that is the day I moved. In between viewing and sign up, I contacted my current local authority landlord and asked how I give notice as I had been accepted for a property I had bid on and was moving.  The lady told me how to do it online and then said that I needed to give a full weeks notice which wasnt a problem as I had enough time.  (I was also told a weeks notice was what i would need to give by another staff member about a month ago when I phoned up for another housing related question.  I dont have any of this in writing.) I have now moved, handed back the keys and I am now being told that I need to give 4 weeks notice which I cannot afford. I hav e spoken to the council again explaining that I was told a week and that to be honest, if I knew they were going to charge me 4 weeks I would not have been able to move and would have stayed in the other house.  I thought I was doing the right thing. They said that calls are recorded and they asked me when I called in and was told a week and they would listen to the telephone conversation and if it was correct what I was told, they would see what they could do to reduce the notice period. They have now emailed me back and said that they have listened to the conversation and the lady said 4 weeks notice and I am liable for 4 weeks rent.  Now I may well of misheard her when I thought she said a full weeks notice she may have said 4 weeks notice but I am sure she said a full weeks notice and i was told a week by another member of staff a few weeks ago. I have emailed her back and said that I may of misheard but I would like to listen to the phone recording myself.  As yet they havent responded. I think its unreasonable for them to make me give 4 weeks when I had to sign the new tenancy with little notice or loose the property.  And it was all done through their gateway, and they will have a tenant in there pretty much straight away getting rent from them. I am on a very low income, I am on my own, I have serious medical issues and I am really getting myself stressed out over this. Any advice would be so appreciated.  Can I insist they let me listed to the recording? RH  
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Lantern/moriarty claimform - old P2P PDL


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Hello

 

Really hoping someone can help. I've received the the forms from court regarding a outstanding debt owed to moriarty law, formerly Lantern and formerly MMF on behalf of poundstopocket.

 

I know I have to respond within 14 days but I really don't want a CCJ because this will affect my future employment and potentially affect my current job.

 

I'd really like to avoid the CCJ but can't afford to pay the full amount at once although I may be able to do over 6 months.

 

Do I have any options as I'm really worried or should I just send the admission and come to a pay monthly agreement and accept the CCJ as satisfied.

 

Thanks

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Hi and Welcome to CAG

 

I have moved your thread to Financial Legal Issues in view of the court claim.

 

Please read the following link and copy and paste the Q,s and your responses back here for further advice on how to proceed.

Please read the link with regards to acknowledging service and the time frames.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**(1-Viewing)-nbsp

 

Regards

 

Andy

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Thanks for your help Andy. Really appreciated. Questions answered below in caps.

 

Name of the Claimant ? LANTERN DRS LIMITED (FORMERLY MMF) PROTECTION HOUSE, 83 BRADFORD ROAD, PUDSEY, WEST YORKSHIRE, LS28 6AT

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 20 JUL 2018

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

 

THE DEFENDANT OWES THE CLAIMANT £1300 UNDER A REGULATED LOAN AGREEMENT WITH CASHEURONET LLC T/A QUICK QUID DATED 29/08/2013 AND WHICH WAS ASSIGNED TO THE CLAIMANT in 20/12/2107 AND NOTICE OF WHICH WAS GIVEN TO THE DEFENDANT ON THE 20/12/2017 (DEBT). DESPITE FORMAL DEMAND FOR PAYMENT OF THE DEBT THE DEFENDANT HAS FAILED TO PAY AND THE CLAIMANT CLAIMS £1300 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% PER ANNUM AMOUNTING TO £103

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? NO. I HAVE RECEIVED LETTERS BUT NOT ONE SAYING IT WOULD GO TO COURT. I HAVE MOVED ADDRESS SINCE TAKING THIS OUT BUT NOT WITHIN THE LAST 3 YEARS

 

What is the total value of the claim? £1552 INC COURT AND LEGAL

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? PAYDAY LOAN

 

When did you enter into the original agreement before or after April 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? IT'S BEEN MOVED FROM QUICKQUID TO LANTERN TO MORIARTY LAW

Were you aware the account had been assigned – did you receive a Notice of Assignment? NOT THAT I REMEMBER

Did you receive a Default Notice from the original creditor? I MAY HAVE DONE BUT THIS WAS NEARLY 6 YEARS AGO SO CAN'T REMEMBER

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO I HAVEN'T

 

Why did you cease payments? I GOT MADE REDUNDANT UNEXPECTEDLY AND EVERYTHING GOT ON TOP OF ME AND I WAS STRUGGLING TO GET BY. IT WAS TAKEN WITH GOOD INTENTIONS AS I WAS WORKING WHEN I TOOK IT OUT

What was the date of your last payment? SOME TIME IN 2013 I THINK

 

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

 

Thanks for your help in advance.

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100's of these claims already here

They dont turn up anyway in court

Easy win usually for you

Read these

Get AOS,CCA & CPR running

 

Follow these

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=Mmf+claimform&sa=Search+CAG

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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You have 33 days in total to deal with the process...assuming you defend all.19 days from and including 20 JUL 2018 to acknowledge service and then a further 14 days to submit your defence.

 

You can do it all on line by registering to use MCOL...instructions are contained within the claim pack.

 

Refer back to the link I provided with regards to sending CCA/CPR 31.4 request...do this ASAP.

 

By defending in full this will allow 33 days plus a further possible 3 months by the time it gets to a hearing...you can settle the debt anytime during this period....but only if you defend in full.

 

By admitting you automatically get a CCJ...which appears on your file for 6 years...paid or unpaid...settled or satisfied.

 

Regards

 

Andy

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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Thanks again Andy.

I’ll do as you’ve suggested tomorrow.

 

If I’m defending then do I have a defence?

If I get rejected would I then not be able to pay monthly or would it be within 28 days and if not I have bailiffs round?

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Everyone has a defence if the claim has been issued by a DCA and not the original creditor...your defence puts them to strict proof to disclose all the documents they rely on to support their claim.

 

95% dont and cant disclose the paperwork......but then again they didnt expect you to defend .....you would role over and they would get a default judgment.

 

Make them work for it or at least stretch it out

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

If you want advice on your Topic please PM me a link to your thread

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I’ll do exactly as you say.

 

Would the statute expire if it goes beyond August?

I may need more defence with this in future.

 

Should I reply back to this link?

 

I will happily donate towards the future of CAG group in future.

 

Thanks

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What statute?

Keep to this thread

 

Theres a clickme link in post 4

Go have a readup best way for you to get your q's answered

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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  • 2 weeks later...

Hey all

 

I'm just in the process of defending a CCJ. Does anyone know whether a payday loan falls under 77, 78 or 79?

 

Apologies if the numbers are wrong but it's fixed term loans, catalogues etc.

 

Thanks

Edited by voodoo29
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Tells you if you click and read all the posts at CCA request link

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

Threads merged

Please keep to one thread

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

Hey all

 

I'm just in the process of defending a CCJ. Does anyone know whether a payday loan falls under 77, 78 or 79?

 

Apologies if the numbers are wrong but it's fixed term loans, catalogues etc.

 

Thanks

 

Section 77...fixed.

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

If you want advice on your Topic please PM me a link to your thread

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