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


swt61

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Yes mate I thought it looked just stuff thrown together nothing looked right to me especially the deed of assignment unless I’m wrong 

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there is no deed there and you'd never see that anyway. confidential business data

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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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  • dx100uk changed the title to lantern/moriarty claimform - old QQ debt.

plenty of examples here of the holding/no paperwork defence

just add in a line stating what reply you have had in no from the original creditor or something.

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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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Good morning all just had an email off moriarty law regarding the so called cca that they sent me and the entry on my credit file which is obviously wrong as I’ve uploaded that info here previously. They obviously assume they’ve sent me a cca for QQ which they have not to date. 

 

 

IMG_2089.pdf

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you should not be using email!!

else they'll file important stuff 1min before its due not giving you time to respond.

have you not been reading other threads?

 

send them one email state that your email address should NOT be used to file any documents or communication in relation to the court claim xxxx and they will now be blocked  by you

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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good afternoon all, the day has come for me to compile my defence for the court, considering all the previous documents i have uploaded and also the documentation so far received from the dca and moriarty is the defence attached ok ?

 

i could not find a way to insert somewhere that they have not supplied a correct cca after my request  

 

thanks

 

1.The defendant owes the claimant £336.08 under a regulated loan agreement with casheuronet LLC T/A Quick Quid dated 15/4/2013
2.And which was assigned to the claimant on 04/01/2019 and notice of which was given on the 04/01/19 (debt).
3.Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £336.08
Defence


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.

 

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.


2. Paragraph 1 is denied .The Claimant claims £336.08 is owed under a regulated loan agreement with Casheuronet LLC T/A Quick Quid on 15/4/2013. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 77 request who are yet to fully comply.


3. Paragraph 2 is denied The Claimants statement regarding the Assignment of the debt is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served on 04/01/19 from either the Claimant or Casheuronet LLC T/A Quick Quid.

 

4. Paragraph 3 is denied.


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 and evidence any cause of action and service of a Default Notice
(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;


6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimant's Particulars of Claim to establish what the claim is for. To date the Claimant's solicitors, Moriarty Law, have failed to fully comply with this request.


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


8. 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.


9. 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.

 

 

hi sorry anyone around this afternoon ?

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not due till tuesday by 4pm

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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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look ok but let andyorch check it.

  • Like 1

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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Yes thats fine.......did you receive a Final Demand .....point 3 of the POC ?

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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Hi Andy, not sure if I did to be perfectly honest, should I put in a line somewhere that Ive received incorrect cca or just leave that ?

 

my cca request direct to original lender also has not been aknowledged to date

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Then deny point 3 also...you can add about the incorrect agreement at point 5.

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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Hang perhaps not......your giving them notice and time to correct....save it for your witness statement...should it proceed that far.

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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ok so just file my Defence exactly as I have posted for now ?

 

will filing it on mcol before the tuesday deadline give them too  much leeway or it wont matter even if I file it tonight ?

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Makes no odds wont be processed until Monday .

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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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Ok thanks mate really appreciate everyone’s help again especially on a Sunday 👍 .

 

I will obviously keep everyone updated on the progress or lack of it.

Once this is sorted I got a lot in my life I need to put away too before I lose the will 😩.

 

sorry what do i put in to deny point 3 ? 

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you just did

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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

did you get a PAP letter of claim from moriarty before the claimform and ignored it?

 

  • Like 1

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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4. Paragraph 3 is denied.

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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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na cant have done?

must be issued 30 days prior to claimform

 

dx

 

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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I've edited in a paragraph re PAP.......check whether it did come the same day or not...if 30 days before the claim remove it.

 

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

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

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