Merligen/Moriarty Claimform - 4xSunny PDL's ***Claim Struck Out***

[dx100uk]

Agreements, so state you sent 4  individual cca request s

 

And you need to pluralise in various other places?

 

im not sure on the irl complaint s we have had traction in another claim i think, but im not sure if they, as in 4 sep irl complaint s to the original creditor, should simply be noted in your defence now.

 

Dx

[Gracelands]

Hi 

Amended defence below with the addition of the IRL complaint. A quick scan form someone would be appreciated and hopefully I can get this filed today as I have had nothing from the requests I sent to them ??

 

 

Particulars of claim:

 

1. The defendant owes the claimant £835 under consolidated regulated loan agreement with Elevate Credit INTL Limited Also Known As Elevate Credit Limited T/AS SUNNY LOANS Dated20/06/2018, 16/08/2018, 30/08/2018, 13/09/2018 and which was assigned to the claimant on 19/07/2021 and notice which was given to the defendant on the 19/07/2021(DEBT).

 

2. Despite formal demand for payment of the debt the defendant has FAILED TO PAY AND THE CLAIMANT CLAIMS £835 and further claims interest thereon pursuant to section 69 of the county court act 1984 limited to one year of the date hereof at the rate of 8.00%n per annum amounting to £67.

 

Defence:

The Defendant contends that the particulars of claims 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.

 

1. The Claimant claims £835 is owed.

I did not recall the precise details or agreements therefore on receipt of these claims I requested, by way of a CPR 31.14 request, copies of the documents referred to within the Claimant's particulars in order to establish what the claims are for. To date the Claimant solicitors, Moriarty Law have failed to fully comply with these requests.

 

2. Paragraph 1 admitted .The defendant admits entering into 39 multiple short term Pay Day Loan agreements over a period of 2 years totalling £15,800 from Elevate Credit INTL Ltd  also known as Elevate Credit Limited T/AS SUNNY LOANS . It is denied I failed to abide by the Terms and Conditions of the agreements.

 

3. On 02/02/2022 a formal complaint was issued regarding irresponsible lending due to the below points and as of yet a specific response has not been made;

I was lending on a regular basis over a 2 year period totalling 39 loans. - The appropriate checks were not performed. Should the appropriate checks been performed the appropriate Due Diligence would have been used, It would have seen that I was under a tremendous amount of financial pressure / other debts that would make these 39 loans unaffordable. This also pushed me into arrears on my priority debts.

 

4. The Claimants statement regarding the assignation of the debts are denied.

I am unaware of any legal assignments or Notices of Assignments allegedly served on the defendant from the Claimant Merligen International Limited.

 

5. I previously made on date 02/02/2022 a formal written request to the Claimant for them to provide me with a copies of my Consumer Credit Agreements as entitled to do so under sections 78 of the Consumer Credit Act 1974, the claimant has failed to properly comply.

 

6. 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 the nature of the breaches and evidence by way of a Default Notice pursuant to sec 88 CCA1974

(b) show how the Claimant has reached the amount Claimed for; and

(c) show how the Claimant has the legal right, either under statute or equity to issue a claim;

(d) show how the defendant has entered into any agreements

 

7. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

8. 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.

 

 

Thanks G

[dx100uk]

3. Add at the start.. For note: ..and state to the original creditor concerning all 4 litigated loans.  The rest is not needed

 

5. State you have sent 4 sep cca requests, one for each loan mentioned in rhe particulars of claim

[Gracelands]

Thanks dx very much appreciated. I will amend get this posted on MCOL tonight.

 

Any thoughts as to Merligen in the last few days entering the loans in default dated 2018 in their name as they have not been on my credit file before? only the completed loans were listed and they were listed under Elevate (Sunny) the original lender?

 

Thanks G

[dx100uk]

Well in all truth they should have been showing under the oc's name anyway.

 

Just because, quite correctly, now they are showing under the new owner is pretty immaterial as a defaulted dated debt account of 2018 will vanish on the defaulted dates 6th b'day anyway.

 

Dx

[AndyOrch]

Should be section 87(1) re the default notice. Section 88 has no bearing on enforcing the debt.

 

I personally would have beefed up the lack of mention of default/s in the claimant's particulars...they have obviously avoided it for a reason.

Did you receive default notices for all the agreements ?

 

Andy

[dx100uk]

have you filed yet?

not due till/by 4pm friday

 

dx

[Gracelands]

Hi dx/Andy thank you for the reply.

 

No not filed yet just put it on ready last night but not sent it.

 

As far as I am aware I have had emails threatening a default from SLL Capital and the last communication was on 15/10/2021 offering a discount if I contacted them! then a letter informing me of a redress on the 4 loans in question?

 

Thanks G

[AndyOrch]

Particulars of claim

 

1. The defendant owes the claimant £835 under consolidated regulated loan agreement with Elevate Credit INTL Limited Also Known As Elevate Credit Limited T/AS SUNNY LOANS Dated20/06/2018, 16/08/2018, 30/08/2018, 13/09/2018 and which was assigned to the claimant on 19/07/2021 and notice which was given to the defendant on the 19/07/2021(DEBT).

 

2. Despite formal demand for payment of the debt the defendant has FAILED TO PAY AND THE CLAIMANT CLAIMS £835 and further claims interest thereon pursuant to section 69 of the county court act 1984 limited to one year of the date hereof at the rate of 8.00%n per annum amounting to £67.

 

Defence:

The Defendant contends that the particulars of claims 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.

1.Paragraph 1 is accepted .The defendant admits entering into various short term Pay Day Loan agreements over a period of 2 years totaling £15,800 from Elevate Credit INTL Ltd  also known as Elevate Credit Limited T/AS SUNNY LOANS .The Claimants statement regarding the assignment of the debts are denied. I am unaware of any legal assignments or Notices of Assignments pursuant to sec 136 The Law and Property Act 1925.

 

2. Paragraph 2 is denied. The claimant nor original creditor failed to serve Default Notice's pursuant to section 87(1) of the CCA1974 and therefore prevented from enforcing any agreements.

 

3.The Claimant claims £835 is owed. I do not recall the precise details or agreements therefore on receipt of these claims I requested, by way of a CPR 31.14 request, copies of the documents referred to within the Claimant's particulars in order to establish the claimants claim. To date the Claimant solicitors, Moriarty Law have failed to fully comply with these requests.

 

4. I previously made on date 02/02/2022 a formal written request to the Claimant for them to provide me with a copies of my Consumer Credit Agreements as entitled to do so under sections 77 of the Consumer Credit Act 1974, the claimant has failed to fully comply.

 

5. On 02/02/2022 a formal complaint was issued (who to ? insert original creditor) regarding irresponsible lending due to the below points and as of yet a specific response has not been made. The appropriate checks affordability etc. were not performed. Should the appropriate checks been performed the appropriate Due Diligence would have been used, It would have seen that I was under a tremendous amount of financial pressure / other debts that would make these 39 loans unaffordable. This also pushed me into arrears on my priority debts.

 

6. 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 the nature of the breaches and evidence by way of a Default Notice pursuant to sec 87(1) CCA1974

(b) show how the Claimant has reached the amount Claimed for; and

(c) show how the Claimant has the legal right, either under statute or equity to issue a claim;

(d) show how the defendant has entered into any agreements

 

7. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

8. 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.

 

 

.

 

[Gracelands]

Thank you Andy for your time and amendments to the defence.

 

I never picked dup on the fact that they had not mentioned the default in the claimants particulars! I will submit the defence this evening.

 

45 minutes ago, Andyorch said:

On 02/02/2022 a formal complaint was issued (who to ? insert original creditor)

I sent the IRL complaint to Merligen Investment Ltd as they now own the debt (previously SSL Capital) and I thought not to send to original creditor Elevate (Sunny loans) as they no longer exist? got a little confused as to where the IRL will now lie.

 

I will wait for the 8 week timeline to pass and then escalate the IRL to the FOS for further attention.

 

Thanks G

[AndyOrch]

Insert the name of the claimant marked red.

[Gracelands]

Done Andy, thanks for clarifying.

 

I will post up if I receive any letters documents from them until the next claim stage begins?

 

Thanks G

[dx100uk]

Keep an eye on mcol status re court sending n180 dq's out.

 

DX

[Gracelands]

Thanks  dx

I will check on the claim status over the next few days.

 

G

[dx100uk]

they have 28 days . no need before closer to them

get reading up!

 

pdl claimform

 

dx

 

 

 

 

[Gracelands]

Hi all

 

I have received some bumf back from my requests which i have attached, a couple of letters look like made up copies?

 

I have also had x4 explanations of the fixed sum agreements and can post up if you need to view them?

 

Thanks G

 

Merligen Reply to requested documments.pdf

[Gracelands]

Hi

Received a letter from Moriarty Law saying that their client (Merligen) intend to continue with the claim. Nothing on MCOL at the moment but has said in earlier post they have 28 days?

 

Thanks G 

[jotty]

My experience of these sharks from last year is just to wait it out as others have advised, they love to send out "aggressive" sounding letters hoping you will bottle it and make an offer.

[Gracelands]

Thanks jotty.

 

Had the we will take it all the way warning. Now just had the attached sent i response to the defenace submitted??

 

Thanks G

Moriarty letter.pdf

[dx100uk]

Not been allocated to track yet by the court....

 

DX

[Gracelands]

Just checked on MCOLand Last log on claim status still says “ defence received on **/**/**”   So still waiting for allocation but they have 28 days to file or it will be stayed I think??
 

Ill be getting irl complaint passed on to FOS for review but I don’t know what that will do as Sunny loans went under ?? 
 

Thanks G

[dx100uk]

On 24/02/2022 at 13:16, dx100uk said:

Keep an eye on mcol status re court sending n180 dq's out.

 

DX

 

[Gracelands]

Hi 

 

No change of status on MCOL still showing defence submitted as the last log?

 

Is there a standard template to for IRL letter FOS as I cant seem to track 1 down?

 

Thanks G

[dx100uk]

Go to the payday loan general forum

It there at the top

 

Dx

[Gracelands]

Hi

 

Just received n180 & EX730 forms to return by 04/04/22.

Answers to n180 form will be:

agree to case being referred to small claims mediation = yes

Agree that the small claims track is appropriate = yes

Hearing venue = Local court

 

Has anyone had time to check the returned documents in post #73 to see if i have a case to defend as i don't want to get additional cost if i take this to local court and don't have enough to fight with, otherwise i will need to make an offer of repayment through Tomlin order?

 

Any advise will be very much appreciated

 

Thanks G