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SSL/moriarty Claimform - old money in advance PDL

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dx or andy this getting any better ! you can tell me to raise the white flag

 

DEFENCE 


the defendant contends that the poc  are vague and generic in nature 


the claimant replied to a request made under a pre action protocol   letter of claim  and a cca request made   on 19/11/2018
the reply contained  incomplete reconstitutions and with  with documents missing from the list in my request
a cpr 31.14 request was made to the claimants solicitor on  02/06/2019 which the claimants solicitor has refused stating cpr  31 does not apply even though no track has yet been allocated 


1 The claimant has produced  a reconstituted version of  the original agreement , the reconstituted version is different to that of the original creditor It is therefore considered that this is not a true copy of the executed agreement as it is
the claimant has yet to  produced a copy of any legal assignment of this debt


2.. The claim is not accepted with regards to the Defendant owing the  monies stated to the Claimant and the Claimant is put to strict proof to:
show how the Defendant has reached the amount claimed for;
 show how any breach occurred and a valid Default Notice was issued, by original creditor
 show how it has legal assignment of any alleged debt.
 

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that's the same as your last one?

 

hint 

stop truncating [shortening] the wording that was in the original here where you got a line from.

 

i'e'

 

the defendant contends that the poc  are vague and generic in nature 

 

that sentence originally said:

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.

 


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any better thks

 

1.the defendant owes the claimant £657.10 under a regulated loan agreement with money in advance ltd dated  25/07/ 2013 which was assigned to claimant on 12/05/2014 and notice of which was given to the defendant on  12/05/2014  (debt)


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

 

3.and the claimant claims £657.10
and further claims interest there on 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 £52.56


DEFENCE

 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.


the claimant replied to a request made under a pre action protocol   letter of claim  and a Consumer Credit Agreement request , pursuant to s.77 of the Consumer Credit Act 1974 ) made   on 19/11/2018
the only reply contained incomplete reconstitutions and with documents missing from the list in my request


a cpr 31.14 request was made to the claimants solicitor on  02/06/2019 which the claimants solicitor has refused stating cpr  31 does not apply even though no track has yet been allocated 


1 The claimant has produced a reconstituted version of the original agreement , the reconstituted version is different to that of the original creditor It is therefore considered that this is not a true copy of the executed agreement as it is
the claimant has yet to  produced a copy of any legal assignment of this debt


2. It is therefore  not accepted 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 reached the amount claimed for 
b) Show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA 1974.
c) Show how the Claimant has the legal right, either under statute or equity to issue a claim.
 d as  per Civil Procedure 16.5 it is expected that the Claimants prove the allegation that the money is owed.
 

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you've not accepted, denied or noted any of statements made in their POC

you must respond with one of the three response as above to each of their paras

 

you also should not be giving the game away as to WHY their recon is deficient , just state its so. in one line

remove the repeated blue.

 

 

see post 28 in above thread and how they responded to each para in the POC above it.

this is the one andy referred you too earlier.


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are we getting there now .thks

DEFENCE
 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.


the claimant replied to a request made under a pre action protocol letter of claim and a Consumer Credit Agreement request , pursuant to s.77 of the Consumer Credit Act 1974 )request made  on 19/11/2018
the reply contained  incomplete reconstitutions and with  with documents missing from the list in my request
a cpr 31.14 request was made to the claiments solicitor on  02/06/2019 which the claiments solicitor has refused stating cpr  31 does not aplly even though no track has yet been allocated 
1- The Claimant claims £657.10  is owed under a regulated loan agreement with  money in advance r. I did not recall the precise details  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.
2-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 the defendant from either the Claimant or  money in advance 
3 The claimant has produced  a reconstituted version of  the original agreement , it is considered that this is not a true copy of the executed agreement as it is
the claiment has yet to  produced a copy of any legal assignment of this debt
4 It is therefore  not accepted 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 reached the amount claimed for 
b) Show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA 1974.
c) Show how the Claimant has the legal right, either under statute or equity to issue a claim.
 d as  per Civil Procedureicon 16.5 it is expected that the Claimants prove the allegation that the money is owed.

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you sir are hard work....😄

 

1.the defendant owes the claimant £657.10 under a regulated loan agreement with money in advance ltd dated  25/07/ 2013 which was assigned to claimant on 12/05/2014 and notice of which was given to the defendant on  12/05/2014  (debt)


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

 

3.and the claimant claims £657.10
and further claims interest there on 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 £52.56

 

DEFENCE*

 

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.

 

1. The Claimant claims £657.10 is owed under a regulated loan agreement with money in advance ltd dated  25/07/ 2013. I did not recall the precise details or agreement and sought verification from the claimant using the documents reply form to a previous pre action protocol letter of claim and a CCA request pursuant to s.77 of the Consumer Credit Act 1974 made on the 19/11/2018.

Their reply was a deficient reconstructed agreement with many other documents from the list missing.

Following the issuance of the claim a cpr 31.14 request was made to the claimants solicitor on  02/06/2019 they replied refusing the request stating cpr 31 does not apply even though the claim has yet been allocated by the court

 

2. 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 the defendant from either the Claimant or money in advance ltd

 

3. 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 the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974

(c) 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;

 

4. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. 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.

 

6. 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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and you are a star minor edits make all the difference but seriously thanks for help SO far  

when copied and pasted into mycol  do i put the heading 

claiment blah blah  v defendant  blah blah  defence 

and type sign it after  all the defences ive seen theres been no heading 

last one for a few days if sll capital acknowledge straight away  and go ahead with claim what is the likely timescale to go all the way to a hearing 

thank you

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let andyorch check it please

legal is not my best game.

 

you don't put a heading nor sign

you don't file their red POC just your defence.

 

as for what happens next

 

you must get reading up.

 

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=PDL claimform moriarty&oq=PDL claimform moriarty&gs_l=partner-generic.12...6837.24314.0.25829.28.28.0.0.0.0.107.2223.27j1.28.0.gsnos%2Cn%3D13...0.17513j25958041j29j3...1.34.partner-generic..28.0.0.29FXh23ncRA

 

please also watch your spelling..you keep using claiment not claimant, might seem petty but things court wise are always better spell checked.


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I would remove point 2 .....and 3  ( d ) throughout the thread you have stated you did receive a Notice of Assignment.

 

How about the following.....

 

DEFENCE

 

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.

 

1. Paragraph 1 is noted .I have in the past had financial dealings with Money in Advance ltd. I did not recall the precise details or agreement and sought verification from the claimant using the documents reply form to a previous pre action protocol letter of claim The claimant failed to fully comply.

 

2. Following the issuance of the claim a cpr 31.14 request was made to the claimants solicitor on  02/06/2019 they replied refusing the request stating cpr 31 does not apply even though the claim has yet been allocated to track by the court.Furthermore a CCA request pursuant to s.77 of the Consumer Credit Act 1974 made on the 19/11/2018.

The claimant responded with a badly reconstituted version which appears to have many errors and is questionable to be an exact copy of the alleged agreement.

 

3.I am currently searching for the original which I'm sure we have in our possession  but have not yet managed to retrieve , I reserve the right to compare it to the reconstituted version and disclose it should it be found.

 

4.The claimant fails to state any pleadings with regards to the default of this agreement.Im sure they are aware that they will have to produce evidence of service of a Default Notice pursuant to section 87(1) before the original creditor can:-(a)to terminate the agreement, or (e)to enforce any security.The claimant will be expected to disclose the original(s) documents should the claim proceed to hearing, 

    

5. 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 the nature of the breach and evidence by way of a Default Notice pursuant to sec 87 (1) CCA1974

(c) show how the Defendant has reached the amount claimed for,

 

4. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. 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.

 

6. 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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exellent should i copy and paste that in mcol now as i cant do anything tomorrow before 4pm 

and your point 3 is the sentence ive been looking for for ages 

thanks  and is there a minimum donation or is any amount accepted

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whatever you wish to donate...:yo:

just copy and paste to MCOL


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hi can someone put  the dummys guide how to upload  files trying to attach two items but keep getting  max size is 4.33mb 

ive seen it loads of times now cant find it thanks 

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Bottom of the reply box......

 

Drag files here to attach, or choose files... 
Accepted file types PDF, jpg, mp3, mp4, wmv, png, doc, docx, xls, xlsx

 

 


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2089693967_noa001.thumb.jpg.f78acdd078f0fb0b82fb7a4fa9050781.jpg

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next time use PDF please so we can zoom properly

read upload


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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hi im trying bto scan the docs but cant scan into a pdf file  ive seen a page on here someware  with instructions when i start scan i cant c anyware to save to 

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read upload

you don't scan to pdf

you scan to JPG, redact each jpg

then convert them all into one multipage PDF

it is all clearly explained in upload inc websites that are useful


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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hi here are the two noa,s one as said dated 12.05.14

the other just uncovered dated 20.11.13 

are  they both the same thing  thanks

ss 001 (2 files merged).pdf

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Well I assume your not called Mr To whom it may concern...therefore its not addressed to you personally or any accounts you held.....irrelevant its a general round robin.

 

Andy


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so if sll capital are saying noa was given and thats it   it doesnt prove anything 

am i right in thinking 

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Its not a valid Notice of Assignment...no name... no agreement number..... no balance....invalid


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could that have gone in the defence aswell if i had realised 

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A one line letter from moriarty law saying the client is proceeding with the claim

Looking around other posts should an agreement number also have  been mentioned in the poc

Next will be the directions questionaire

they couldnt even put the letter in a sealed envelope it was left open for anyone to look at 

Thks

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Well it would provide clarity so you actually know what they are referring to...again save it for your statement.


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