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

[dx100uk]

all the fees they can charge are already on the claimform.

 

 

[jotty]

From past experience with these leaches, the N180 is yet another way to test your resolve. My advice is fill the form in and return it and just hold out.

[Gracelands]

Thanks dx/jotty.

Any thoughts on the retuned documents post #73 have they sent enough to answer what was requested as I’m not sure if they are just sending letters that are supposed to make me think they hold all the cards ??

 

thanks G

[dx100uk]

no agreements yet?

[Gracelands]

Hi everyone

 

Just looking through my documents and Just remembered that i forgot t post the fixed sum loan agreement they sent me back i have attached and redacted.

 

Do i wait until last day to return N180 form to the court? And i think send copy to Merligen and Moriarty also?

 

Thanks G

Fixed sum loan agreement.pdf

[dx100uk]

sols and court

dont give the fleecers your email/sig/phone on their copy

no need to wait.

[dx100uk]

no IP address on the agreement

so it could simply be from SSL's filing cabinet with you details typed in and not from the OC.

 

also no DN yet either?

 

 

[Gracelands]

Thanks dx

 

post#70 page 8 says DN from SSL!  should they have provided a DN from the OC ?

 

G

[dx100uk]

correct 

a debt buyer cannot issue a default notice , they are not the original creditor.

no wonder SSL sold it on, no DN from the OC.

 

also i dont see a NOA from sunny to SSL?

 

a totally speculative claimform, hoping you would wet yourself and cough up.

 

 

[AndyOrch]

They can if the agreement was never defaulted or terminated by the OC DX.

 

87 Need for default notice.

(1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

 

post #57 = And in the following the OC had issued a DN and terminated the agreement and still the court didn't agree.

 

 

[Gracelands]

Thanks for your post Andy.

 

just trying to get my head around this?

if as you state 

“They can if the agreement was never defaulted or terminated by the OC DX.”

 

that means I need proof I was sent a DN for OC for this to be wrong,  but that means I will be presenting proof of DN.

if I can’t then what’s to stop them saying there was no Dn served by IC and use the 1 SSL sent ??

 

Thanks G

[AndyOrch]

Proving that the OC did default the account is not the same as stating they sent and you received a DN. If you can prove that they were on your credit files then that signifies the OC must have issued a DN and registered it and no doubt terminated the agreement/s if you never complied and rectified the breach.

 

Then you are back to the argument in my link above.....if the OC issued a DN and terminated the agreement...how can a DCA issue a further DN on a terminated agreement...there is no agreement to breach ? Therefore making the DCA default notice invalid.

[Gracelands]

Ok thanks Andy

 

Just checked again on my last credit date 0/02/2022 and only 2 of the loans claimed are showing which i have attached, the strange thing is that they both are showing as settled with no default unless i am reading it wrong? The other 2 are not showing!!

 

As stated in post #49 they all suddenly appeared on my credit file as a default when i had a credit file alert on 22/02/2022 ??

 

G

Credit file info.pdf

[Gracelands]

Hi 

 

N180 off to court today also copy to Sols.

 

Any thoughts on the above post please.

 

Thanks G

[dx100uk]

3 minutes ago, Gracelands said:

Any thoughts on the above post please.

 

 

On 24/03/2022 at 13:48, Gracelands said:

Just checked again on my last credit date 0/02/2022

??

[Gracelands]

I was informing #89 that 2 of the loans being claimed state settled December 2018 on my credit file ??

 

G

[dx100uk]

thats what happens when an oc sells a debt.

p'haps sunny were always lapse with everyone and credit files...

 

have you checked more than 1 free provide?

there are 3 equifax, experian and ??? Not all businesses used more than one.

 

 

[Gracelands]

Hi all

 

I have a few updates on the claim that have escalated.

 

had a letter from ML stating their client is willing to settle with suitable payments out of court (attached)?

 

I am not good at all with knowing if i have had the correct response letters needed?  after glancing at previous posted letters have I had all the relevant documentation to prove the debt, as I cant seem to trace a default from elevate international (Sunny Loans) ?

 

Thanks G

asking for settlement letter.pdf

[dx100uk]

STD begging letter everyone gets 

 

Dx

[Gracelands]

Ok Dx.

As I'm not sure where i stand with this being stacked against me and I don't want to incur extra court costs, this is at mediation stage with appointment date set. Should I be negotiating a settlement figure stating a payment plan if I can reduce the total amount claimed for or is it not possible to ask for a reduction of the amount claimed?

 

G

[AndyOrch]

I would give it some consideration if you feel your defence wont cut it.......they obviously want to negotiate but dont take that a sign of weakness from the claimant.

 

Andy

[Gracelands]

Ok Dx.

 

I will write asking for a reduction in the amount claimed (half the total claim?) as i have not received any documented proof of a default notice sent by Elevated Credit International (Sunny Loans) if this is agreed i will agree to pay a monthly fixed sum amount to clear the rest of the balance. If they are not willing to reduce the claim figure then i will have no alternative but to proceed with the court claim ?

 

Any thoughts or should I word this differently?

 

G   

[jotty]

Why not wait until you get a court date before you offer the leeches anything, many of us have won and lost cases like these and from what I have read they dont seem to have much in the way of documents to prove their claim.

 

No harm eating until the last minute, I have offered payment 24hrs before and have had this agreed and court action withdrawn. What they dont want is a CCJ and then someone who applies to the court for reduction in payments that could take years as opposed to someone who offers something decent whilst they can always take it back to court.

 

Its a game of poker, dont show your hand quite yet.

[Gracelands]

Thanks for the reply jotty much appreciated.

just get a bit nervous I can’t do the court thing I would not be able to do it.

just a few questions I you don’t mind.

At what hour does an offer of payment stop the court hearing going ahead?

 

if I leave it until the last minute I won’t be able to negotiate a reduction on the claim amount or am I wrong?

 

I have been given a mediation date today do I cancel this as you say don’t offer them anything yet?

 

they have sent me some documentation with the we want to settle out of court letter I can upload them tomorrow if it is any help? I’ll And as of yet iv not seen a default notice from Sunny yet just a made up copy of a statement of account with sunny written on it!!

 

thanks G

[jotty]

It all depends on the other party really so I would say 48hrs if you have an email but don't do anything until you get a court date and then come back on here for advice.

 

As regards mediation you can only honestly go into it if you have all the paperwork your requested from Merlingen, if you are missing things like proper agreements/Default Notices etc as opposed to copies of generic ones then just tell the mediator when they ring you that you dont have all the info and therefore dont feel confident agreeing to anything and they will return it to the court. This is when you will get a date and Merlingen will have to put up or shut up.

 

Remember they have bought a spreadsheet with 000's of debts on it and the majority wont have any paperwork.