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


lee19921992
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Lantern keep sending me letters about a old PDL from Safetynetcredit i took out around 2016 and never paid.

i sent a CCA request and a few days got a letter from them which states " please see enclosed a constituted agreement" ..

which has nothing on it not even any signatures just some dates from 2016.

 

im obv ignoring them until a LOC but my guess is they don't have the original agreement but if they took this to court would the constituted agreement hold up if they took me to court?

 

cheers

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dunno till we see all the return scanned to one multipage pdf

read upload carefully.

 

did you have lots of loans at that time and your credit file was shot with defaults?

 

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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looks to have everything it should

it was an online sign up so wont have a sign just your printed name at the time you applied for it

though they should also retain the IP address used.

 

so a couple of years left till SB.

i wonder why safety net sold the debt, did you just totally ignore them and remove all chance of them getting their CPA?

 

 

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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until or unless you get a letter of claim.

no they don't have to send an original as its post apr 2007 electronic sign up changes to the CCA.

what they have sent, bar no IP address? looks enforceable to me.

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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  • 10 months later...

Apparently I owe lantern for an old payday loan that I have no recollection of having taken out. Had lots of threating letters and then they sent me a letter from lantern saying it's been taken over to Moriarty law.

 

Had a letter of claim and replied back asking for copy of agreement with the £1.00 postal order. Moriarty law returned the postal order and informed me they don't charge for documents. They sent me a copy of the agreement with my address on but no signature on the agreement. I'll upload this later..its dated around 2016.

 

Anyway ignored and received a letter Thursday saying they have issued proceedings in county court with a claim number and apparently I owe £370.12

 

I'm currently on holiday and returning home tomorow so I'm going to check if I have anything in the post.

 

See attached.

IMG_20211002_163718-converted (1).pdf

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  • dx100uk changed the title to Lantern/moriarty PAPLOC Now Claimform - chasing old Safety Net Credit loan

opps should not of ignored the letter of cliam

 

threads merged

title updated

 

move to legals

 

when you get the claimform 

please complete this:

 

 

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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Apologies, I didn't ignore it I replied back disputing the debt and requested copy's of the agreement, default notice ect. They replied with just the copy of the agreement nothing else. In the letter said I have 30 days to respond to make payment to which I ignored that letter, 

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sorry you did say so too!

 

but no default notice etc yet.

 

you replied as per post 2 if you click letter of claim?

 

 

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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Posted (edited)

Name of the Claimant ? LANTERN DEBT RECOVERY

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 28/09/2021

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

1.THE DEFENDANT OWES THE CLAIMANT £264.00 UNDER A REGULATED LOAN AGREEMENT WITH INDIGO MICHEAL LTD ALSO KNOWN AS INDIGO MICHEAL LTD T/AS SAFETYNET DATED 14/01/2016

 

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).

 

3.DESPITE FORMAL DEMAND FOR PAYMENT FOR THE DEBT THE DEFENDANT HAS FAILED TO PAY

 

4.AND THE CLAIMANT CLAIMS £264.00 AND FURTHER CLAIMS INTEREST THEREON PURSUANT TO SECTION 69 OF THE COUNTY COURT ACT 1984 LIMITED TO ONE YEAR TO THE DATE HEREOF AT THE RATE OF 8.00% PER ANNUM AMOUNTING TO £21.12

 

What is the total value of the claim? £370.12
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? YES
 

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? N/A

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? LOAN
 

When did you enter into the original agreement before or after April 2007 ? AFTER
 

Do you recall how you entered into the agreement...On line /In branch/By post ? ONLINE
 

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. IT WAS SOLD TO LANTERN
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? YES
 

Did you receive a Default Notice from the original creditor? UNABLE TO REMEBER
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? NO
 

Why did you cease payments? WAS UNABLE TO AFFORD TO PAY BACK
 

What was the date of your last payment? I DONT THINK I EVER PAID ANYTHING BACK TO THEM
 

Was there a dispute with the original creditor that remains unresolved? NO
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? NO

Edited by dx100uk
formatting/spacing only - no issue
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pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............


 

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, done the AOS.

 

will send the request tomorrow 

 

 

 

just a quick question, i asked lantern to send me a copy of agreement which they did and also moriarty law with the postal order of £1.00 which the returned and sent the same as lantern which i uploaded previously.

 

do i need to do this again?

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no then

 

just the cpr

 

 

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

safe to ignore that lot. statements  are on lantern headed paper so meaningless

 

no letter of claim there then...

 

so time to get reading up upon what your defence might loook like here on CAG ONLY

 

use our enhanced google search box

 

pdl claimform

 

or loan claimform

 

 

  • 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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as i said use our enhanced google search box

 

^^clickme

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 think this is ok, any advice

 

Particulars of claim for reference only.

 

 

1.THE DEFENDANT OWES THE CLAIMANT £264.00 UNDER A REGULATED LOAN AGREEMENT WITH INDIGO MICHEAL LTD ALSO KNOWN AS INDIGO MICHEAL LTD T/AS SAFETYNET DATED 14/01/2016

 

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).

 

3.DESPITE FORMAL DEMAND FOR PAYMENT FOR THE DEBT THE DEFENDANT HAS FAILED TO PAY

 

4.AND THE CLAIMANT CLAIMS £264.00 AND FURTHER CLAIMS INTEREST THEREON PURSUANT TO SECTION 69 OF THE COUNTY COURT ACT 1984 LIMITED TO ONE YEAR TO THE DATE HEREOF AT THE RATE OF 8.00% PER ANNUM AMOUNTING TO £21.12

 

What is the total value of the claim? £370.12

 

Defence

 

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. 

 

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. 

 

1. The claimant claims £264.00 is owed under a regulated loan agreement with Indigo Michael ltd t/as Safetynet. I did not recall the precise details or agreement has the claimant has failed to state any agreement/account reference number within its particulars of claim. 

 

2. The claimants statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or notice of assignment allegedly served on 26th September 2020 from the claimant. 

 

3.. 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; 

 

4. On receipt of this claim i requested, by way of a CPR 31.14 request for copies of the documents referred to within the claimant's particulars in order to establish what the claim is for. To date the claimant solicitors, Moriarty law, have failed to fully comply with this request 

 

5. As per rule 16.5(4), it is expected that the claimant prove the allegation that the money is owed. 

 

6 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. 

 

7. 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. 

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previous cca request too needs mentioning.

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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im thinking of adding this extra underneath point 1, wdya think?

 

I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974, the claimant have provided only a reconstituted copy of only the terms and conditions.

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has failed to properly comply 

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

Particulars of claim for reference only.

 

 

1.THE DEFENDANT OWES THE CLAIMANT £264.00 UNDER A REGULATED LOAN AGREEMENT WITH INDIGO MICHEAL LTD ALSO KNOWN AS INDIGO MICHEAL LTD T/AS SAFETYNET DATED 14/01/2016

 

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).

 

3.DESPITE FORMAL DEMAND FOR PAYMENT FOR THE DEBT THE DEFENDANT HAS FAILED TO PAY

 

4.AND THE CLAIMANT CLAIMS £264.00 AND FURTHER CLAIMS INTEREST THEREON PURSUANT TO SECTION 69 OF THE COUNTY COURT ACT 1984 LIMITED TO ONE YEAR TO THE DATE HEREOF AT THE RATE OF 8.00% PER ANNUM AMOUNTING TO £21.12

 

What is the total value of the claim? £370.12

 

Defence

 

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. 

 

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. 

 

1. The claimant claims £264.00 is owed under a regulated loan agreement with Indigo Michael ltd t/as Safetynet. I did not recall the precise details or agreement has the claimant has failed to state any agreement/account reference number within its particulars of claim. 

 

3.I previously made on date xxxxxxxxx a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974, the claimant have provided only a reconstituted copy of only the terms and conditions and has failed to properly comply.

 

4. The claimants statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or notice of assignment allegedly served on 26th September 2020 from the claimant. 

 

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 for copies of the documents referred to within the claimant's particulars in order to establish what the claim is for. To date the claimant 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. 

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see suggestions above

  • 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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Requires work....as your agreement pre dates April 2007 the claimant can legally use a reconstituted version of the agreement to comply with your section 78 request. Reconstituted versions do not require signatures or dates as long as the Address/T&Cs are correct at the time of inception and it contains the original agreement number which it has.

 

Andy

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