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    • Hi again, yes long story. The property had previously been let and as my husband and i had separated  the plan was he was moving into it. It needed work and he was disappearing working on fitting new work tops decorating etc. This didn't happen. Hes a pathological gambler and i discovered bills mortgage etc were not paid. 2 years ago it went to court where a suspended repo order was granted. On the most part i made sure  payments were made but already the sum quoted at the possession hearing the paperwork had loads of charges for letters etc. We agreed to pay the monthly installment and an amount off the arrears. Then i got poorly with CFS and didnt work for a couple of months and despite speaking to santander and paying as much as i could the solicitors took it straight back to court. The house was on the market and we asked for time to sell and 3 months was agreed. We thought we had it sold however they pulled out and santander enforced the order for possession. By then id had enough and knew there was enough equity to clear the mortgage and associated costs and their solicitor claimed because of my ill health and ex's gambling there was no way forward.  It was sold by a local estate agent who reduced the market price from 49 950 to 30.000. I wrote an official complaint letter to santander head office  About the undervalue and he replied stating they had 2 valuations. Ive got all the details of other houses in the immediate area which were on the market and selling costs. Ive got all statements and letters where costs were added and officially complained. Ive spoken to FOS who said i needed to complain directly to santander first. In the meantime 8 months after the sale this letter arrived despite my complaint.    
    • Name of the Claimant ? it’s a private name and address   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.issue date=  no date shown .theres a sticker saying the case number over the box.   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. A claim for monies due= on the 11 April 2016 the claimants entered  in to agreement with the first and second to loan the first defendant the sum of £6300 on the terms set out in the agreement dated 11 April 2016. b The first defendant was to repay the claimant the full amount of £63000 within the 6 months from the date of agreement. The first defendant would make £2000 to the claimant on each 1st day of the month. C in the event of the 1st defendant failer to repay the loan or the monthly payment the defendant was to transfer the 30% ownership of the 2 businesses. 2  the second defendant agreed to be the guarantor to the first defendant with the agreement dated above and in the event of any default of the repayment  by the first defendant and the value of of the eforementioned business was not sufficient to cover the amount borrowed or any outstanding monthly payment agreed the repayment amount loan. 3   third defendant agreed to pay the £63000 to the claimant together with the monthly payment of £2000 on behalf of the first and second. [This is me as I never signed or said I will pay more then the amount borrowed].   What is the total value of the claim? £46600.00 plus court fees of £2330 +solicitors £100   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? not sure   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? no   Did you inform the claimant of your change of address? Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?   No was a private loan   When did you enter into the original agreement before or after April 2007 ? no   Do you recall how you entered into the agreement...On line /In branch/By post ?  not really   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? no   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. yes further the claimants has said in his statement that £68000 payment has been paid.[ £45 by me and £23000 by my son.] thanks for all the help so far. do i need to send anything at the moment.
    • Yeah, this is a company leased vehicle.. The notice to hirer is addressed to my company.    I am waiting to get this returned in my name. Is there any other documentation i should be expecting?   Thanks.
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swt61

lantern/moriarty claimform - old QQ debt.

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time to do the other part of CAG now and that's self help.

 

click the very top left CAG squares logo

then doen on the left

you'll see

 

custom google search box.

 

type in there

 

PDL Claimform.

 

and read as many threads as you can the more you read the stronger we become.

if you wish

limit your search and add in in Moriarty

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Good morning request sent off yesterday to moriarty law  but today got this load of tosh 

Combine Jul 17, 2019.pdf

 

Anyone any advice of any of the stuff they’ve sent ? Still no cca or default notice only the stuff above which looks like a hash to put together some stuff

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its all stuff from their system and on their letterhead

not from the OC so who knows if its truthful

I thought you'd guessed that by your comment which is why I didn't.

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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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

Single Premium PPI Q&A Read Here

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Thanks I’ll try and word the stuff in that they sent me when I do my defence on the weekend 

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

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

 

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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 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

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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Ok email just sent

 

 

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

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Hi I know mate but im back in work tomorrow and am away from my pc so only able to do today or by 12 tomorrow

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look ok but let andyorch check it.

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

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Single Premium PPI Q&A Read Here

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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.

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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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread 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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread 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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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 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

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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ok sorry lol

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

 

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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

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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