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ADBC/Moriarty Law Claim Form - UAE debt


gigglemal
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it means andy has checked the defence in post 19 that you posted

and that is good to go in as far as that outstanding question re the account they are actually litigating over.

 

 

it might have been the case you had several cards with the same lender, if they don't state which one.....

 

 

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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Andy, thanks for the feedback and information on needing the agreement number. Thank you also for amending the draft accordingly (sorry, I wasn't aware the copy/text could be amended like that...)

 

Dx100uk - I've just the one ADCB card.

 

Yes, I'm content with that defence so I  will proceed in registering that now. Thanks again for all the help 👍

Edited by gigglemal
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Defence filed, thanks again both all your help. I will certainly be making a donation as your sterling service and sage advice has helped tremendously.

 

PS. I excluded the 'for reference' section of the defence draft from the submitted defence; hope that's correct.

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Yes thats so I can look at the pleadings at the same time as drafting your response.

We could do with some help from you.

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So their 28 day clock now ticks down...

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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Not your problem they haven't responded

They'll have too at the disclosure stage if they run the claim that far..... 

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 Luck Gigglemal, looks like we are at a similar stage, just my clocks a few days ahead of yours, I gave myself some extra work putting the comments in the defence box but the courts helped which I wasn’t expecting to be honest.

Have a good Christmas.

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  • 1 month later...

Hi folks, sorry not replied for a while - but here's the update thus far.

  • I've received acknowledgement of receipt & confirmation from Moriarty that they will defend.
  • I've received Notice of Proposed Allocation to the Multi-Track, asking that I complete Directions Questionnaire, agree directions with all other parties & file proposed directions in accordance with CPR 29.1 (2)

In the interim, I've tried to find a way to contact someone at ADCB (rather than via Moriarty) but to no avail. My intention was to show I was willing to discuss to agree a direction, although given past evidence that would be unlikely.

 

Long-term, I would like to have clarity from ADCB as there's been allsorts of confusion and contradictions from them & their agents about police cases and looking to find a solution, but I'm very limited in what I can offer (not working, no savings/income etc. and in a DMP). The issue for me is all I ever got back from ADCB wasn't helpful - either agree a lump sum or enter into an agreement I couldn't pay.

 

Short-term, I've been wary this would be 'deja vu' with Moriarty and I'm unclear how best to represent this n my Directions Questionnaire. I have oodles of emails, whatsapp etc. to support my contention that there's been very little continuity or clarity from ADCB & their agents, but I don't want to be perceived as ignoring this.

 

It is really tough for me at present to know the best way forward, although I understand I have to be seen to be in communication but I don't know the best way. I still haven't received any documentation from Moriarty regarding my requested items in MCOL.

 

Any advice please?

 

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moriarty are operating for the CLAIMANT they don't defend anything..you do = the defendant.

not sure what the police have got to do with any speculative court claim...

 

so you have an N180

so fill it in as we advise on almost every claimform thread in the section of the forum that your one is in,

 

yes to mediation

1 wit you

the rest is obv.

 

do not give moriarty your email/sig/phone on their copy.

 

not sure where you are reading all the above rubbish you posted...

its not your job to chase the claimant, or their dogs for information,,..to help them in their speculative claim.

leave them alone

let them hang themselves ...they don't need your assistance to do that.

 

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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Thanks (as always) for your help dx100uk.

 

The reason I mentioned looking to contact ADCB is long term, I'd like to think we could resolve this but my situation at present prevents me from doing so. I accept that in the short term, the focus has to be following the path yourself and others have helped many similar on.

 

What I am confused about though is I can complete the 180 but I'm unsure about how to best do the N181?

 

I've been sent the N181 and it says Proposed Allocation to Multi-Track, and I can't see where the Mediation option is (only on a N180)

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yes you need to deal with the present......

they will as well as you, HAVE to include anything specific they wish to rely upon at the witness statement stage

if it gets that far.

 

its worthy to note moriarty are handing back lots of claims to the claimant and removing themselves totally.

 

n181 yes sorry, it's a fast track as its above £10k.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?447033-PRA-Group-claimform-old-MBNA-card-debt/page2&highlight=n181

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?469292-PRA-Claim-Form-HSBC-current-account-OD&p=4973299#post4973299

 

Section A Settlement. Yes

 B2  State your local County Court

 C No ...Not Applicable

 D1 No

 D2 Leave blank

 D3 leave blank

 D4 The Claimant do file and serve all original documents including the Agreement

 E Leave blank

 F 1 ...yourself

 G  Less than 1 day

 H Leave blank

 I No

 J Directions. To be agreed

 

..i'm sure andy will run thru the N181 and directions when he next pops up

 

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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Thanks for your insight DX, especially the update about Moriarty.

 

Is it possible to electronically file/email the N181 electronically to the Court or is it better Special Delivery or Signed For via Royal Mail?

 

Cheers 👍

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Yes it is now possible. [email protected] you must also complete the hard copy signed and retain for your bundle/disclosures.

 

 

What you can file by email

You are responsible for the security of the information you are sending and therefore you must assess its sensitivity and whether email is a secure enough method of communication. 

If you are filing a document by email that contains a statement of truth you are reminded that you should retain the document containing the original signature. The version of the document which is filed by email must satisfy one of the following requirements:

(a) the name of the person who has signed the statement of truth is typed underneath the statement:

(b) the person who has signed the statement of truth has applied a facsimile of his signature to the statement in the document by mechanical means

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

 

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but i'd never use email to the claimant nor their dogs!

2nd class mail will do with free proof of posting if they have to have a copy.

 

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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Thanks - I think I will stick to the hard copy/old school way.

 

I've gone through the form now following the advice as above (very helpful - thanks).

 

Does it matter if I send photocopy to the Court, or should I keep the photocopy myself and send the original?

 

Just to check - I only have the 181 to complete. I can't seem to find any other correspondence that I need to return. I'm just wondering how I "file proposed directions" with the DQ?

 

Also, should I keep the 'signature' box blank on the Claimain'ts copy or just the name/reference number section?

Edited by gigglemal
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All originals must go to the court...they dont accept photocopies.You attach your proposed draft directions to N181...but you cant yet until its agreed with the claimant...so you wait until you get their copy of the N181 with Directions.

 

This is a Multi Track claim as the value is over 25K........read the following CPR with regards to Directions.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part29

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

 

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This may sound a daft question but the 'To Be Completed By' section was blank. Should I write my name in it, or if it didn't would it be an issue?

 

Just wanted to double-check as didn't want to leave blank if I was supposed to complete it.

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Yes...you are completing the form as defendant ...scratch through the rest and just leave Defendant

We could do with some help from you.

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  • 2 weeks later...

Thanks Andy - I managed to send as suggested however I couldn't submit direction in time.

 

I received/saw Moriarty's response on the last day before deadline, so couldn't reply in time but I did submit the other docs.


What's the best way to submit my directions (is there a recommended template) and to request mediation?

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Has Moriarty set and attached Directions to their DQ ?

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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Thanks for the reply Andy, always appreciated.

 

I received a DQ from them 1 day before deadline, along with Electronic documents questionnaire, disclosure report, a costs budget and a proposed order for directions.

 

They mention in ADR a stay from until early April.

 

I've since received notification of allocation to local court & request to submit my directions, which I'm hoping to do by tomorrow.

 

 

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