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

[swt61]

No nothing in there but looks like they got some form of cca now in the right orig creditor name not like the first one they sent me

[swt61]

Good morning all,

anyone had a chance yet to summise what may happen after the documents I’ve now posted up ?

 

thanks

[AndyOrch]

So basically this boils down to £336 of penalty charges and interest + court fees ?

[swt61]

Yes I think so as I was sure it was all paid but looks like I’m wrong ?

[AndyOrch]

Look at the statement the first 12 entries ...your first 3 payments was simply paying back interest not the capital...then you upped it in Aug 2013 and made 3 payments of £360.00...leaving a balance of £372.

 

Check your agreement what payments should have been made and by what date...seems you made the the correct payments by the dates stated in the agreement.

You have all the information to see how this £360 came about ?

[swt61]

Oh looks like I still owe it off the capital then

 

I can see after the last big Payment I made small £1 odd payments and it’s still not cleared then. So I need to pay it do I even though these **** are not the orig lender ?

[AndyOrch]

Agreements states 2 payments in May of £240..which you made and the rest £1440 by the 28th June.

 

You paid £240 28th June

£360 13th Aug

£360 20th Sept

£360 18th Oct.

[swt61]

So it looks like I underpaid by £120 as it looks like for some reason they kept adding on £240 ?

[AndyOrch]

 

You only re paid £1560...= £360 underpaid...less your £1 pm.

[swt61]

Oh looks like I am stuffed then

[AndyOrch]

Did you not read the agreement and that it must be fully repaid by 28th June ? 

 

You will notice though that they have been very careful in their statement to avoid mentioning the words Default Notice.....which they never issued I assume ?

[swt61]

Yes I knew I may have been a bit longer paying it but thought I had done eventually. No default notice ever received no

[AndyOrch]

A bit longer.....4 months....then you breached the agreement.

 

However...the creditor must inform you of the default and issue a default notice as per section 87(1) of the CCA1974.

 

87 Need for default notice.

(1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

(a)to terminate the agreement, or

(b)to demand earlier payment of any sum, or

(c)to recover possession of any goods or land, or

(d)to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

(e)to enforce any security.

 

Now you either proceed to trial and hope that you get a decent DJ who will follow the letter of the law or come to an agreement with the claimant and shut this down before further costs.

[swt61]

Mmm ok what would you advise chance it for the judge and wIait and see if moriarty pay the fee ?

[AndyOrch]

They will pay the fee as they have gone to the trouble of complying with directions and the expense of preparing a witness statement.

[swt61]

When I agreed to mediation this never seemed to kick in so should I try for full and final s ment at a lot of money off if I contact the claimant?

[dx100uk]

don't forget moriarty dont turn up...

 

the creditor has not issued a default notice mr judge

 

imho..... if you dont suffer judge lottery..he cant refuse you a strike out undr the CCA rules above.

 

never lose sight of the fact this was a speculative claim in the 1st place, never expectiing a defence...regardless to any issues that latterly develop with getting paperwork.

[swt61]

Ol thank you for that it will run it’s course then and hopefully I’ll get a good judge

[swt61]

Oh well this weds is the day absolutely dreading it to be honest

[AndyOrch]

It will be fine...dont worry...only two things can happen you get the claim dismissed or you lose and get a CCJ...so stop the nerves and make the most of your 20 mins or so because it wont be any longer. 

[dx100uk]

and don't forget moriarty never turn up

so should be a walk in the park.

[swt61]

Yes I hope the judge has already seen no default notice so throws it out otherwise I’ll have to try and just argue that as my point as I thought I’d paid it all as OC never sent me one 

[AndyOrch]

Judges dont see anything until the day of the hearing...and skim through the claim and docs....so have your argument ready and succinct and a copy of the CCA1974 sec 87 (1) as to why the creditor must serve a DN.

[swt61]

Ok so just very briefly explain why I thought it was paid for the last 5 years and now this bunch of T come along and quote that bit of the cca you said ? Don’t wanna P judge off by quoting law stuff about no default notice. If he does find in their favour would he accept putting it in a DMP instead of a ccj if  say I gotta pay

[AndyOrch]

No if you lose you get a CCJ...with 28 days to pay.....if you dont want the entry on your file for 6 years.As this money is obviously owing and an oversight on your behalf you could try to negotiate a payment arrangement with them direct before today's hearing by way of a consent order and they can inform the court to vacate the hearing.....subject to  time constraints.