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

[Gracelands]

Ok Andy.

Serve by 19th Oct court date 2nd Nov.

 

Thanks G

 

Think I’m getting blinkered and just going for the no default. Compared to other threads mine seems different as I have 4 claims in 1 

 

G

[dx100uk]

On 16/05/2022 at 15:41, dx100uk said:

4 loans

no agreements

no default notices

 

stuffed

 

on ALL OF THEM.

 

 

[AndyOrch]

15 hours ago, Gracelands said:

Ok Andy.

Serve by 19th Oct court date 2nd Nov.

 

 

G

 

Give me a nudge on Monday

[Gracelands]

Ok Andy

going to view more threads to see where I’m lacking information?

 

Thanks G

[Gracelands]

Hi

Just looking back at information provided for Merligen defence reply (#66 attached document page 18), default notice from SSL Capital states for the "fixed sum loan agreement between you and the original creditor assigned to SSL Capital"

 

i have never had had a fixed sum loan agreement, they are for x4 payday loans that add unto the total being claimed for.

 

Am I missing something here?

 

Thanks G 

[dx100uk]

no its what they do. and hope you simply cave in.

[Gracelands]

Hi Everyone

 

Court fee confirmed as paid by the claimant!! 

After trying to pick up assistance from other threads i have tried to amend the witness statement as I think I will need to get this off tonight (court date 2nd November issue to courts and claimant 14 days before).

 

Any advise or assistance will be very much appreciated. here goes:

 

WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX 

 

 

                                                                                                                       Defendant: XXXXXXX

                                                                                                                              Date XX/XXX2022

IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX

XXXXXXXXXXXXXXXXXXXXXX

 

 

BETWEEN

 

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT

 

AND

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT

 

 1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much-reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit. 

 

2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

3. XXXXXXXXX the defendant in this claim makes the following statement believing it to be true will state as follows:-

 

It is denied that I have reived a consolidated loan agreement by the claimant for the sum of £xxx.xx . It is also denied that I have received a default notice for the amount being claimed by the claimant which is a total amount of x4 payday loans issued by the original creditor.

 

I accept I have in the past had financial dealings with Sunny Loans formally known as Elevate Credit ITNL Ltd. I do not recall the precise details of the agreements but do recall they were over 40 loans over a 2 year period between xxxx & xxxx.

 

After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the accounts the claimant is referring to.

 

I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request 

 

exhibits

 

(DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx

 

The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notices issued by the original creditor, as yet I have never received an original or seen a copy of a valid default notice from the defendant.

following :

 

1. A copy of all the default notices for the accounts in question served under section 87 of the consumer credit act.

2. Notices of assignments

3. A statement of accounts

 To date NO default notice have been produced by the original creditor. 

 

(DOC 2 ) A Section 77 request for the 4 loans the claimant is pursuing was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant responded to the request on xxxx but to date has failed to comply to my Section 77 request.

 

the defendant has failed to produce a copies of the Default notices issued by the original creditor for all 4 payday loans claimed for by the claimant, as far as I can recall any breach with the original creditor would have been on or around xxxx.

 

The claimant as an assignee would not be able to legally issue Default Notices for all 4 payday loans being claimed for by the claimant as the debt would have already been terminated before assignment.

 

 

(DOC 4) The claimant was sent a complaint in relation to irresponsible lending by the original creditor as I believed that the original creditor did not treat me with comply with section 5 of the CONC Sourcebook on Responsible Lending or use Due Diligence upon my applications for 41 payday loans over a period of 24 months which allowed me to get into financial difficulties. The claimant replied to this letter of complaint on 10/02/022.

To date no reply to the complaint has been received.

 

Conclusion

 

I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action.

 

 

I also state NO VALID Default has been produced from the claimant for any of the said payday loans being claimed.

 

I believe that the that the facts stated in the witness state are true.

 

Thanks G

 

 

[AndyOrch]

On 14/10/2022 at 15:39, Gracelands said:

Hi

Just looking back at information provided for Merligen defence reply (#66 attached document page 18), default notice from SSL Capital states for the "fixed sum loan agreement between you and the original creditor assigned to SSL Capital"

 

i have never had had a fixed sum loan agreement, they are for x4 payday loans that add unto the total being claimed for.

 

Am I missing something here?

 

Thanks G 

 

No, I told you it would get messy when a claimant amalgamates separate agreements into one debt and therefore they cant issue one default notice for 4 agreements they must be separate and they also need to prove that the original creditor had not already issued default notices/terminated the agreements.

 

So the above statement looks better I would move point 3 to 1 as the intro and expand a little further on your point re Default Notice issued for an amalgamated debt and not the separate individual agreements....therefore rendering that DN invalid and subsequently the claimant is prevented from enforcing the debt. 

 

Andy.

 

 

.

[Gracelands]

Hi Andy, thank you for your guidance.

 

I have move point 3 and expanded on my point 1, fingers crossed its ready to go in the post tonight (Copy to Merligen & copy to local court)?

 

 

WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX 

 

 

                                                                                                                       Defendant: XXXXXXX

                                                                                                                              Date XX/XXX2022

IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX

XXXXXXXXXXXXXXXXXXXXXX

 

 

BETWEEN

 

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT

 

AND

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT

 

 

 I, XXXXXXXXX the defendant in this claim makes the following statement believing it to be true will state as follows:-

 

1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much-reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit. 

 

2.It is denied that I have ever entered into a consolidated loan agreement with the claimant for the sum of £xxx.xx . It is also denied that I have received a default notice for the amount being claimed by the claimant which is in fact an amalgamated debt and not for individual loans which would be a total amount of x4 payday loans issued by the original creditor. Having not received or have any knowledge of any default notice being issued by the original creditor the default notice the claimant is relying on is therefore not for any of the payday loan agreements with the original creditor therefore rendering the default notice the claimant is relying on invalid and subsequently the claimant is prevented from enforcing the debt.

 

3.I accept I have in the past had financial dealings with Sunny Loans formally known as Elevate Credit ITNL Ltd. I do not recall the precise details of the agreements but do recall they were over 40 loans over a 2 year period between xxxx & xxxx.

 

After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the accounts the claimant is referring to.

 

I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request.

 

4. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much-reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit. 

 

5. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

 

 

exhibits

 

(DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx

 

The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notices issued by the original creditor, as yet I have never received an original or seen a copy of a valid default notice from the defendant.

following :

 

1. A copy of all the default notices for the accounts in question served under section 87 of the consumer credit act.

2. Notices of assignments

3. A statement of accounts

 To date NO default notice have been produced by the original creditor. 

 

(DOC 2 ) A Section 77 request for the 4 loans the claimant is pursuing was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant responded to the request on xxxx but to date has failed to comply to my Section 77 request.

 

The defendant has failed to produce any copies of the Default notices issued by the original creditor for all 4 payday loans claimed for by the claimant, as far as I can recall any breach with the original creditor would have been on or around xxxx.

 

The claimant as an assignee would not be able to legally issue Default Notices for all 4 payday loans being claimed for by the claimant as the debt would have already been terminated before assignment.

 

 

(DOC 4) The claimant was sent a complaint in relation to irresponsible lending by the original creditor as I believed that the original creditor did not treat me with comply with section 5 of the CONC Sourcebook on Responsible Lending or use Due Diligence upon my applications for 41 payday loans over a period of 24 months which allowed me to get into financial difficulties. The claimant replied to this letter of complaint on 10/02/022.

To date no reply to the complaint has been received.

 

I also state no valid Default Notice has ever been produced from the claimant for any of the said payday loans being claimed.

 

Conclusion

 

I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are therefore precluded from  enforcing the amount claimed. The claim be dismissed.

 

 

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

 

Signed 

 

Dated 

 

 

Thanks G

[AndyOrch]

Just a few tweaks above re numbering and additions and the updated statement of truth.

[Gracelands]

Brill, thanks Andy, I will send tonight.

Do Merligen have to send any documentation to argue against the statement or will that be done  in court?

 

Thanks G

[AndyOrch]

They have to serve their statement and documents on you as you are on them.....if they cant disclose documents they cant use or rely on them as evidence.

 

 

.

[Gracelands]

Hi Everyone

 

Witness documents served on time.

I have not received any documents from Merligen, is this normal or is it that they don't have any to serve and how does this affect the court claim?

 

Thanks G

[dx100uk]

Read @Andyorch last few posts, and the court directions , they have to file by the same time you do??

 

dx

[Gracelands]

Hi everyone

 

I have received the witness statement from Merligen which i have redacted and attached with the court appearance letter.

There is no mention of default notices from Sunny loans on any of the x4 loans being claimed for, the only default that has been provided is 1 from SSL ? also the amount to be seeking judgement for is different from the amount being claimed which has confused me!

 

Court appearance letter states that their client will not be attending the court appearance, I assume that they can as there are being represented by sols (Moriarty Law).

 

Any assistance will be welcomed.

 

Thanks G

Merligen witness statement.pdf Court apearance letter.pdf

[AndyOrch]

Have we got previous scans of the 4 agreements already on the topic ? If not please scan redact and upload the agreements they refer to and have disclosed with their witness statement.

[dx100uk]

should be a walk in the park if they are not attending.

 

dx

[AndyOrch]

Moriarty never attend hearings and always use CPR 27.9

[Gracelands]

On 26/10/2022 at 16:22, Andyorch said:

Have we got previous scans of the 4 agreements already on the topic ? If not please scan redact and upload the agreements they refer to and have disclosed with their witness statement.

#80 fixed sum load agreement, i posted 1 but same for all 4 loans listed but obviously different amounts documented? also page 14, point 3.3 is interesting?

 

#66 SSL default notice disclosed in their witness statement!

 

Thanks G

 

Hi

Let me know if you want all 4 agreements but they are all standard just loan amounts the only difference?

 

Thanks G

[dx100uk]

Incase you've missed something... post everything.

 

Dx

[lee19921992]

all recon agreements i bet...

[Gracelands]

Hi

Attached all 4 redacted fixed sum agreements.

 

Thanks G

Fixed sum loan agreement 1.pdf Fixed sum loan agreement 2.pdf Fixed sum loan agreement 3.pdf Fixed sum loan agreement 4.pdf

[Gracelands]

Hi, Just updating and trying to find what could be happening with the court claim?

 

Ok court date in November come and gone, as above Moriarty used CPR 27.9 a week before I was told i could not get the time off work to attend 

 

I sent a letter to courts informing them just in time saying i would not be attending but all documentation was submitted!

 

Since then I have hear nothing from the courts or from Moriarty saying what happened to the case,

 

is it because of the court backlog or has it been relisted due to either side not attending?

 

Im just still biting my nails as to what the outcome was!

 

Thanks G

[Owed man]

Hi

any advice on the above post would be appreciated 

 

thanks G

[lee19921992]

ring the court to find out?