SSL/moriarty Claimform - old money in advance PDL***Claim Discontinued***

[safc 1]

hi

a quick question for a friend who is not to bright 

 

a payday loan from a company called money in advance was sold to a dca and apparently a notice of assignement was received 

 

a pap pack got sent and my freind filled it in

got back a load of bumf 

a reconstituted credit agreement

copy of a notice of assisgnement

and terms and conditions 

 

a court claim has now been issued  dated 13th  may 2019

 

this person can not recollect a default notice being issued by mia 

but 3 months after the notice of assignment he recieved a default notice from the debt buyer  by post and email

 

im told in the poc on front of claim form there is no mention of a default notice but other details match correctly 

 

what im trying to answer him after searching around the net

does a default notice have to have been served by the original creditor before being sold  or if there was not one issued by oc can the debt byuer default him and then take a court claim 

 

does a default notice have to be mentioned in a poc 

 

thanks if you know what i mean 

[dx100uk 8,582]

please complete this:

 

 

 

 

[safc 1]

Name of the Claimant ?sll capitol

 

Date of issue – 20/05/2019

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

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
 

What is the total value of the claim? unsure about £600

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?  yes

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? no

 

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

 

When did you enter into the original agreement before or after April 2007 ? after

 

Do you recall how you entered into the agreement...On line /In branch/By post ? on line

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?  no what im told

 

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. debt purchaser

 

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? not what im told  no

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no

 

Why did you cease payments?  after loan was taken out  2013 or no payments were made freind is unsure 

 

What was the date of your last payment? as above

 

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

 

[dx100uk 8,582]

urm 1st time I can see SSL have ever issued a claimform on CAG 

 

loan was from june 2013 so not SB'd.

 

and yes a debt must be defaulted to litigate

and no the debt buyer cannot do that only the OC can default you.

 

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 CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
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 [1 in the count]
 

 

 

[safc 1]

ok a  cpr 31.14  will get sent to morty law  the solictor on the form 

 

will just the same documents get sent again which were already received,

copy  of agreement,

copy of assignment,

copy of terms 

or will they say they have already been sent once 

 

regards to a default notice 

there is no  mention of a  default on this persons noddle credit report 

 

could this account have been sold as live when money in advance went into administration and then sll did a default notice 

[dx100uk 8,582]

this didn't show due to a spelling mistake in my search

 

[dx100uk 8,582]

you would think that the reconstructed replied would be EXACTLY the same would you not?

throws bout upon what is actually a copy and paste jobbie and what is a true recon of the original docs.

 

somethings amiss here...one of them might be 3rd hand info..

 

no default notice is fatal to any claim if the defence is worded correctly

[safc 1]

Sll,s reconstituted  copy has a different address in section parties place of bussiness and sections are not set out  in the same order anyway even i cann see theres is not a copy of the original but made up

 

Sll,s reconstituted  copy has a different address in section parties place of bussiness and sections are not set out  in the same order anyway even i cann see theres is not a copy of the original but made up in fact it is nearly tottaly different to the original one

 

[dx100uk 8,582]

you will need to be clear upon what dates these returns were received and upon which response for documentation returns they are in relation too.

those exact details will be most probably be needed for the witness statement stage .IF IF IF this claim gets that far. I can see this being discontinued by them.

 

for the minute a brief but not a give away statement as to what is wrong, will be included in his defence

but that's not due till/by 4pm june 14th

[safc 1]

no respose to cpr request yet 

could a defence be on the lines of 

1 discrepancy  in the re constituted agreement compared to the original one 

2  there is no evidence of how the total amount claimed is made up sll  2 line  statement of account only starts after they were assigned the debt and nearly £300 more than the original loan  

3  no copy of the  notice  of assignment  from MIA  only there typed letter saying  so 

4 ( not mentioned in the poc i asked for a copy in the pap response pack)    but no default notice from mia only an email from 5 years ago  from sll saying they have  posted one from themselves 3 months after assignment   no  memory of this being recieved 

the dicrepancy with the  agreement are  different trading adress , rate of interest is different , no apr figure shown  ammount of interest per day is different  different phone number for mia 

 

thks 

[dx100uk 8,582]

too specific.

 

will be something like

 

the claimant replied to a previous request made under a reply to a Pre Action Protocol Letter Of Claim and a CCA request with some documentation. Their reply contained incomplete reconstructions, with many documents upon my list totally missing. The claimants solicitor has failed to reply to date to a CPR 31:14 made date xxxxx again requesting the missing /incomplete items required under statute.

 

amongst the other points in that linked thread above you need to include

 

not due yet anyway.

i'm sure andyorch will pop in nearer the defence filing date. [14th june]

 

[safc 1]

thanks a default notice was asked for in the pap letter of claim responce but no show 

a default notice was not asked for in the cpr request as its not mentioned in the poc 

as stated in the link is that best just left for now 

[dx100uk 8,582]

still needed to litigate

[safc 1]

soz for all the questions ive read different things 

 when mia sold and transfered to sll - notice of assignment of accounts 

all client loans where money in advance is entitled to prove as a creditor is this statenent correct  

(An assignee can issue the DN if the OC didn't default the debt before sale and as mia  went into admin the loan was sold live before default.)

thks

[dx100uk 8,582]

someone still has to produce it to litigate

part of sec 87/8 of the cca.

read a few default notice wins in the successes forum.

 

andy will clarify all this and the correct wording adaptions to any std defence from here you find

[safc 1]

Hi put wrong date at top of thread still have 7 more days to file a defence a reply from morty law regards cpr request

They say this will probably  be allocated to small claims track so part 31 ofcivil procedure rules will not apply  they say they have already sent me  documentry evidence when replying to my request for documents  via pap pack i sent back 

They also say they are happy to settle via out of court payment arrangements  or via small claims mediation service and pleas ring us to disscuss this

As mentioned earlier in post wat they sent me no alot thks

[dx100uk 8,582]

what do you mean you put the wrong date..so whats the date top right on the claimform then.???

 

as for their waffle about CPR doesn't apply..

it does and its not allocated to track until the court says so .

probable is not good enough and they know it

how many more times are they going to pull that stunt for not complying with CPR

 

seems like they are already offering a settlement.. so they know they've not got a chance in court and were hoping you'd wet yourself and cough up when you got their claimform or ignore and as 85% people do, they'd get a default undefended rubberstamped judgement whereby no human checks anything.

 

who's replied to the CPR ..a solicitor?? who??

[safc 1]

Hi

Date on claim form is 20th of may  2019

And moriarty law the solicitor for sll replied to the cpr request which was sent to them

Edited June 14 by safc

[dx100uk 8,582]

so next Friday by 4pm

 

moriarty never turn up

so as long as you do

you'll win hands down.

 

dx

[safc 1]

 

 hi  this is the  4th  go 

i have put the proper values in the poc  and date  haven't got a clue what i typed in first post lol 

Particulars of Claim

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.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
i presume   we dont  need to mention the irregularities in  the recon agreement  compared to the original   no proper copy of nos  and  no proper statement of account  to show how this debt has grown  no default notice  never been served  by original creditor  a notice of arrears.

DEFENCE 

the defendant contends that the poc  are vague and generic in nature 
the claimant replied to a request made under a reply to a pre action protocol  letter of claim made on 19/11/2018
the reply contained  incomplete reconstitutions with irregularities in the  reconstituted agreement It is therefore considered that this is not a true copy of the executed agreement  and with documents missing from the list in my request
a cpr 31.14 request was made to the claimants solicitor  dated  2/06/2019  in the reply dated 12/06/2019  they have not adhered to my request  and they  state clearly  cpr  rule 31. does not apply 
the claimant has shown no evidence how the amount claimed has been reached 
the claimant has shown no evidence of a legal right  to claim this debt
therefore the claimant is  put to strict proof to 
 a) show how the Defendant has reached the amount claimed for;
 b show how the Claimant has the legal right, either under statute or equity to issue a claim.
 

[safc 1]

 I think Some changes to make  but do you leave fine details for witness staement  stage inclueding details of the  documents i never got in pap request thks

[dx100uk 8,582]

not sure where you got that from 

but its been truncated and is not in its full form from where you got it from here

it is important you keep the wording as was the original simply changing relevant details to your situation where necessary 

 

dx

 

[safc 1]

Ok thks have looked round and round  and came up with what was thought will try again needs to be in thurs night as cant do anything friday

[safc 1]

I know time is getting  you cudnt point me in the direction  of a best thread to compare with it would be most appreciated or is it keep reading thks

Edited June 19 by safc

[Andyorch 10,142]

Heres one similar....plenty in the Legal Success Forum.

 

https://www.consumeractiongroup.co.uk/topic/407429-mmfmoriarty-claimform-old-mr-lender-pdlclaim-dismissed/

 

Andy