lantern/moriarty claimform - old QQ debt.** Claim Dismissed** - now chasing again!

[AndyOrch]

Well at least add paragraph about your section 77/78 request and what they have responded with and why you consider they are still in default.

 

There are loads of paragraphs quoting the relevant legislation in my example post #117...unenforceable agreements/Notice of Assignments/Default Notices with arguments and why they are not valid..... which you can simply copy and paste to bolster your statement with.

[swt61]

I tell you what guys don’t worry I’ve been asking this question for weeks and everyone says too early wait wait

 

now I have waited to the last min and even after a week ago I was told go with W statement 1 as I posted

 

now you're saying amend amend and I gotta work tomorrow and it needs to be posted 2 mrw b4 I leave for Europe for work.

 

Very very disappointed to say the least guys I’ll take what’s coming it’s less  stress

[dx100uk]

hey save the frustration for them not us...

 

moriarty don't even bother to turn up, as it was all a speculative claim in the 1st place, hoping for a knee jerk reaction and panicked payment.never expected it to be defended, it's a numbers game to them, 85% of people never defend at all

 

as long as you inc expended statements briefly concerning each line in your defence, they'll be no-one there to counter what you are saying.as long as its factual and shows you've researched why you have stated what you have in your defence.

 

 

[swt61]

No I am frustrated as I said I’ve tried for weeks to get the help I have which has been appreciated but to be told to wait until now and then told to amend amend amend is very frustrating and very stressful all of this could have been ready weeks ago, but as I said hey ho I’ll file what I have

[AndyOrch]

You were advised to leave it as late as possible for the reasons stated in my post # 129.

 

Its easier to draft a statement when you have the claimants in front of you to counter their points.In the absence of their statement all you can simply draft is a particularized version of your defence.

 

You was also told its useful to prepare and have the basics of a statement ready..you last posted 19th October and then started to post again on Friday 1st Nov...still nothing  new prepared apart from two copies of others example statements.

 

I provided a fully particularised statement covering all the usual points required to make an effective statement in my post #117...October 7th which you could have easily adapted to cover a credit card and your claim......nothing drafted.

 

So that covers a period of over 30 days with continual advice.....and you have not attempted to draft a statement of your own.

 

Don't add anything let it go as is...they may not file theirs ...they may not pay the hearing fee...they may discontinue the claim...I only advised you add a few paragraphs as to why what they have disclosed is in valid....but if you dont tell the court why they are invalid.....then the court will normally go with the claimant...if it gets that far.

 

 

[swt61]

Yes as as you will see from mynposts I started I could not understand it all and needed more help but was ignored for a while then told not to panic as they never turn up all I wanted to do was to get stuff ready was was always told wait wait wait

[AndyOrch]

Yes ...told to wait for the reasons I have stated twice......but not to not do anything yourself and not even attempt anything.We cant spoon feed...we are all volunteers and busy assisting and advising 100s of users.

 

What have you prepared in the last 30 days ?

[swt61]

What I have posted but didn’t post before because everyone says wait wait wait

 

Don’t worry anymore I can’t be dealing with this crap mind games I came for help and got stress 6 yrDefault or ccj  is easier Than 18hrs a day worried about what to write or type etc etc

 

bye guys and gals 

[AndyOrch]

Self help forum...you have to do a little work and put some effort in also...

[fkofilee]

To the OP - We are here to help but sometimes we cant do it for you. 

I work full time but try to commit as much time to helping people where possible - We cant always be around to help. 

 

We want to help you - But you need to understand that you have let the collectors gt under your skin. You worrying / getting stressed about this puts you in a bad state as I can see from your last post. Life goes on even though you have this looming. Andyorch is trying to help - Just follow their advice. 

 

 

[swt61]

good morning all firstly deepest appologies for yesterday i was completely out of order and the stress got to me,

 

I have been up since 5 am now trying to draft this statement before it needs to go off today  will it be ok now ?

witness final amended.pdf

[AndyOrch]

Better.....now the court understands what requests you have made and when.......and what they have not complied with.

 

I would suggest you lose Deed of Assignment......your not going to get that and stick to Notice of Assignment only.

Where you state you made a CCA request...give it its full legal title....Section 78 request pursuant to the Credit Consumer Act 1974.

 

I'm still a little confused with your 4....so I would suggest you reword it as follows :-

 

4.Disclosures

 

On the 1/7/2019 I sent a section 78 request and a CPR 31.14 to both Lantern and Moriarty Law (See exhibit 1A and !B ) requesting the following :-

A copy of the original agreement on which the claim relies upon.
A copy of the terms and conditions as applicable at the time of the agreement
A copy of the Default Notice/ Termination notice
A copy of the legal Notice of Assignment showing the claimants legal right to take action
A  full statement of account showing how the defendant has reached the amount claimed for

 

The claimant has since partially complied and disclosed various documents after my  Section 78 request pursuant to the Credit Consumer Act 1974. and CPR 31.14 request. However they have sent me a CCA for a totally different loan. Exhibit 2A. and therefore remain in default of my request and are prevented from enforcing the agreement they refer to.

 

Therefore the claimant is again put to strict proof to disclose the true original documents as directed by the courts Directions.

 

Statement of truth etc 

 

[swt61]

ok thats brilliant thank you ,

 

amended as requested and attached

witness final amended 2.pdf

 

Do the exhibits just need to be put in an envelope along with witness statement or do they need to be at the front ?

 

should i put it all in a file or just an envelope ?

 

thanks

[AndyOrch]

Attached to the back of the statement......in an envelope if your posting it.

[swt61]

ok thanks I will drop it into the court by hand, the copy for the claimant will be posted but do I omit my signature off that one  just in case they try to use it ?

 

should i send their copy to Lantern or moriarity ?

 

thanks 

[dx100uk]

don't forget to include a covering sheet for each exhibit 

the WS goes to the claimants solicitors moriarty

and the court

 

 

[swt61]

covering sheet ? how do i format that please ?

 

what about my signature on the claimants copy

[AndyOrch]

Using the same header as your statement ..>Claimant V Defendant /County court/claim number...but the heading will be exhibits instead of Witness statement of xxxxx

You must sign all witness statements 

[dx100uk]

an example

staple each exhibit to its cover sheet

 

 

exhinit cover sheet.pdf

[AndyOrch]

Again swt61 if you had read other threads and researched you would already know all the answers to the questions you are asking....exhibits/postage/to who/ signatures.

[swt61]

Witness statement dropped off at court and one for moriarty sent next day signed for. Just wait now but no witness statement received from moriarty by me I assume they have the same cut off date for me to receive it by as I did

[swt61]

Witness statement received today off moriarty law, will upload all when I can but this was attached to the back. Also now it looks like they have included a cca for quick quid

 

still no default notice that I have seen

 

 

No show.pdf

[AndyOrch]

Standard for every Moriarty court claim which you will see on every Moriarty thread.

 

Its the Statement and credit agreement we need to see

[swt61]

Good morning all, just managed to create a combine pdf of the witness statement and everything received with it, hope I’m not stuffed now

Combine_Nov_10,_2019_4.pdf

[dx100uk]

yep still no default notice then...

 

dx