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Lantern/moriarty PAPLOC Now Claimform - chasing old Safety Net Credit loan ***Claim Dismissed***


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Thanks, the agreement doesn't state anything other than my name and address and a date of Sig.. it doesn't detail of the amount of credit provided nor how many repayments to pay ect.. I could download a copy of the exact and edit the details over or am I over thinking? 🤣

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On 24/11/2020 at 09:21, lee19921992 said:

this is what i received thanks

 

CCA return.pdf 759.34 kB · 0 downloads

 

you mean^^^^

 

 

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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5 minutes ago, lee19921992 said:

Thanks, the agreement doesn't state anything other than my name and address and a date of Sig.. it doesn't detail of the amount of credit provided nor how many repayments to pay ect.. I could download a copy of the exact and edit the details over or am I over thinking? 🤣

 

A reconstituted version never does...its a generic copy of the overall lending for fixed amounts with APR,s and T&Cs etc

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Possibly so...but the more you can find and research to prove that it isn't an exact copy of your agreement the better.

 

I downloaded the copy from page 1...works fine.

  • Thanks 1

We could do with some help from you.

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In Carey & Others v HSBC Bank PLC & Others, His Honour Judge Waksman QC held:

 

·        Lenders can satisfy a s78 (and s77) request by providing a reconstituted version of the executed agreement, which may be reconstituted from sources other than the actual signed agreement. A copy of the original signed agreement itself does not have to be provided.

·        The copy provided must contain, amongst other things, the name and address of the debtor as at the date of the agreement.

·        The document need not comply (if signed) with the requirements of the Consumer Credit (Agreements) Regulations 1983 (CCAR) as to form, as at the date the agreement was made.

·        If an agreement has been varied, a (reconstituted) copy of the original agreement must be provided along with a (reconstituted) copy of the amended agreement.

·        A breach of s78 does not of itself give rise to an unfair relationship within the meaning of s140A CCA.

·        The court can exercise its discretion and make a declaration that there has been a breach of s78, depending upon the facts of the particular case. If the lender has admitted the breach in the proceedings, the court will not make such a declaration.

·        In determining whether the debtor has signed a document stated to contain the "prescribed terms", the court held that, for the purposes of s61 and of s127(3) CCA, the document need not be a single piece of paper. A physical connection between several pieces of paper is not necessary. Where the debtor's signature and the prescribed terms are on separate pieces of paper, the question of whether together they constitute one document is a question of substance, not form. Mere cross-reference to prescribed terms without a copy being supplied to the debtor at the time of signature would not suffice.

·        If the lender cannot establish, following a trial, that there was a document signed by the debtor containing the prescribed terms, that would not of itself entail an unfair relationship.

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Thanks.

 

so i clearly understand, they have complied with s78 in providing a reconstituted copy of the agreement...however they will need to show the true copy of the agreement in court and The document must include the credit limit, the interest rate and details of how and when a debtor is to discharge his payment obligations

 

the true copy must also have my signature also.

 

I'm trying my hardest to get my head around this so thanks for your patience.

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3 hours ago, lee19921992 said:

Thanks.

 

so i clearly understand, they have complied with s78 in providing a reconstituted copy of the agreement..correct .however they will need to show the true copy of the agreement in court Incorrect and The document must include the credit limit, the interest rate and details of how and when a debtor is to discharge his payment obligations. Only if the agreement has been varied which I assume your hasn't

 

the true copy must also have my signature also. They dont have to provide a true copy your agreement was post 2007 .....circ 2016

 

I'm trying my hardest to get my head around this so thanks for your patience.

 

 

Andy

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evening, received a reply from my request today from lantern, same copy of agreement and statement of account as prev.. looks like they have the notice of assignment and default...

 

 

no mention of how much i actually borrowed on the CCA, no mention of repayments or how long this loan was to be paid back over. 

 

according to the CCA my assumed credit limit is £1200 and to be paid back over a 1 year period. yet they are claiming £264.00...The agreement is not my copy at all and the default notice looks edited, is it normal to send a default nearly 4 months after the initial default....

 

 

2021-10-21 Lantern DN + NOA.pdf

 

any comments on the above attached , cheers

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  • 2 months later...

Open

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Used defence from post October 6th previously.

 

attached reply to defence from moriarty law received today ( cutting it fine).

 

what i have researched and if my main points.

 

invalid default notice due to requesting the full £264.00 instead of the arrears.

invalid notice of assignment, should have my full address and postcode.

 

any help is appreciated thanks

 

 

 

 

reply to defence ML_compressed.pdf

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go check the status on MCOL

last entry should say your defence filled xxx date

or have you done the N180 stage and not told us lee?

 

what else have you received as well ....the N157 allocating it to your chosen county court?

with dates etc?

 

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 did the the defence and then recieved the Dq which I sent back.. then recieved the order , I got the reply to defence today. I didn't want to keep on pestering I was reading stuff on here..cheers

 

A claim was issued against you on 28/09/2021

Your acknowledgment of service was submitted on 03/10/2021 at 19:40:08

Your acknowledgment of service was received on 04/10/2021 at 08:04:39

Your defence was submitted on 18/10/2021 at 18:03:03

Your defence was received on 19/10/2021 at 08:05:58

DQ sent to you on 10/11/2021

DQ filed by claimant on 24/11/2021

You filed a DQ on 30/11/2021

Your claim was transferred to BARNSLEY on 30/11/2021

 

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ok well no harm in updating when you do things, takes away any later puzzlement.

 

the judge has view you defence and issued an order to the Claimant.

 

The claimant has Complied, in time, with the order.

 

worthy quick points of note:

 

the DN letter sent date of 12th August 2016 (a friday) IMHO puts into question the 14days as to whether enough days to remedy were actually given (31st august) if it WAS sent by 1st class mail?

 

NOA letter, lantern sent one but state that if you want the one from SafetyNet you must go to their website portal and download it? is that legal?

 

also the POC says:

2.AND WHICH WAS ASSIGNED TO THE CLAIMANT ON 26/09/2020 AND NOTICE OF WHICH WAS GIVEN TO THE DEFENDANT ON 26/09/2020 (DEBT).

 

but the NOA in their bundle says 07/10/2010... so is this NOA Fake and so is the one from the OC? but an earlier upload below has the correct original NOA....what are they upto making a fake one for their bundle?

 

2021-10-21 Lantern DN + NOA.pdf

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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The DN doesn't state any where it was sent 1st class mail.

 

The NOA is the first thing I noticed too with the dates not matching up.

 

Few questions:

 

The DN issued is invalid due to asking for the full arrears?

 

A DN issued 4.5 months later after initial breach, is that legal?

 

The agreement, how can I pull this apart?

 

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might help...

x

d

 

 

 

 

 

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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  • 2 weeks later...

just an update

 

claimant got to pay £27.00 trial fee - deadline 2pm 25th feb 2022.

 

trial date 25/03/2022

 

claimant has 28 days to file WS

 

I have 14 days to file ws

 

i have been working on my WS for the last few days

Edited by lee19921992
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  • 4 weeks later...

urmm.............

 

notice of assignment section.......

 

and is not signed by the assignor...does it have to be??

 

the claimant can only assume...should read the defendant...

 

email ad ...but was that correct at the time of sign up?

 

Notice of default
The document purporting to be a notice of default in the claimant's witness statement from
Moriarty Law is unidentical to the one received from the claimant in their reply dated 02/12/2020....:noidea:

 

not the same as 

 

 

 

 

 

  • Thanks 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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evening, please see my complete amended WS attached with exhibits.

 

the email was created in 2014 so could be. However in claimants witness statement  they state the email address where the NOA was sent to, but is missing a number before the @ sign.

 

the correct email is added to the reconstituted credit agreement though.

 

the NOA from Moriarty state my correct email on there's but no mention on Lanterns..obvious faking stuff like you said above.

 

anyway please look through , would welcome comments

 

cheers

 

 

 

WS - redacted 19.02.2022-min.pdf

Edited by lee19921992
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question - when i turn up to court - and say the judge dismisses the case - am i allowed to ask the judge for my expense of paying to park? thanks

Edited by lee19921992
misspelt
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you should prepare an expenses sheet

day off work too?

 

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 dx, yes i will, i booked the day off work using my holiday entitlement, I don't think this would count though because i get paid for it...?

 

is my time preparing the WS ect allowed to be included, if so is per hour and how much would be a reasonable amount? thanks for your help

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