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

[Gracelands]

Hi sorry everyone I have just looked at my bag of debt chasing letters that I have been putting away (think they say head in the sand?)

 

 

I found a letter saying the the debt had been passed onto Merligen International which does not help my case,

 

does this mean that I will have to agree a repayment as I won’t be able to defend this now? 

 

Are they able to court claim all loans under 1 court claim and total the amount? 
 

Thanks G

Edited February 1, 2022 by dx100uk

[AndyOrch]

Yes they can amalgamate...but it can get very messy...particularly if you defend in the same manner 

[dx100uk]

39 minutes ago, Gracelands said:

does this mean that I will have to agree a repayment as I won’t be able to defend this now? 

no!!

 

and yes of course you can defend against it

 

you are simple a line in a spreadsheet to them, its what we call a speculative claim, hoping people will wet themselves and cough up ...DON'T

 

dx

 

[AndyOrch]

So.... 4 x CCA requests 1x  CPR 31.14 request but you will have to refer to 4 separate requests.....4 Default Notices/4 Notice of Assignment's/ 4 sets of current statements....refer to each agreement number after each request.

 

That will keep them busy

 

 

.

[Gracelands]

Thanks dx/Andy your assistance gives me the courage to tackle this so I’ll give it a go.

Just got to try get my head around what to get in my fence might need a nudge when it comes to submitting!!
 

I will take a look around to see if there is anyone has had a similar case to assist me.

 

tomorrow I will get x4 cca, x4 irl (one for each account) and a CPR31.14 running to keep them busy?

 

oh and log into MCOL and start the process

 

I will pop back and confirm once all are done

 

Thanks G

[dx100uk]

there are 100's of pdl claimform threads.

the more you read the stronger we become.

 

dx

 

[dx100uk]

1 hour ago, Gracelands said:

I found a letter saying the debt had been passed onto Merligen International

you mean it's entitled 'notice of assignment'?

[Gracelands]

Thanks dx

 

dont have the letter with me at the moment I will redact and scan up tomorrow. 
 

G

[Gracelands]

Hi

Only letter i have is a instruction to recover. They say notice of assignment was given on 03/11/2021?

 

I have all documents ready to post tonight and MCOL first stage (AOS) completed.

 

I have attached a completed data sheet of all loans which as you will see could fall in line with the irl being sent??

 

Thanks G

Total loans.pdf

[dx100uk]

so the last 4 with N are the ones being litigated, and they were all a chain, the previous never fully settled before the new one.. i'e refinancing?

 

as for 20/06/18 are you SURE that some of this loan was not taken by them to settle 07/06/18?

[Gracelands]

if i remember dx Sunny users could take out up to 3 loans at 1 time and up to a certain amount some may have been outstanding as another taken out but not necessarily, some were all pain and then new loans taken out ?

 

G

[Gracelands]

Hi everyone

 

I have received a CCA response from Merligen they are saying that they need to get a response from SLL Capital which is confusing considering i sent them the CCA?? (also returned all 4 £1 postal orders?)

 

They also say my file will remain on hold until SLL have responded but i take it that does not mean the court claim is on hold and i will still need to draft up a defence soon ( Date of issue – 26/01/2022 / Date of aos - 13.02.2022 / Date to submit defence = 26.02.2022)?

 

Any thoughts will be appreciated.

 

Thanks G

CCA Response.pdf

[dx100uk]

you file on time as the guide says regardless

they dont control timeline the COURT does.

 

dx

 

[jotty]

I know its Merlingen who are chasing but this was the text of a message I got back last year when I had a letter from them, not heard anything since as I am guessing they dont have any of the original docs as Elevate/Sunny no longer exist -

 

"Please note that the business entered into administration on 29 June 2020 and the Company is shortly about to be wound up. There are no solicitors acting on behalf of Elevate Credit pursuing loans as all loans have either been sold to third parties or written off.

 

If a summons has been issued by a third party debt purchaser or solicitors representing a third party debt purchaser, please contact them directly.

 

Henry

 

For Elevate Credit International Limited (in administration)"

[dx100uk]

Can't see them winning this claim then...

 

Dx

[Gracelands]

Thanks Jotty. 

 

just wondering why go to court claim? maybe as dx has said many times in many posts

“ hoping people will wet themselves and cough up ...Don’t”

I’ll follow the courts guidelines and post up attempt at defence near the time going to read a few more threads first. 
 

oh and today get acknowledgment of my complaint from Merligen (assume they mean irl ?) and said they will pass this on for investigation !!

 

thanks G

[Gracelands]

Hi there

 

Another response yesterday from Moronarty saying account placed on hold! But also I guess a challenging statement of "we will comply with the courts if the claim is defended" ??

 

Thanks G

Latest reponse.pdf

[jotty]

Well as Elevate Credit no longer exist I would love to know who they are referring it to ?

[dx100uk]

Another pointless letter.

gonna be interesting to see what fake paperwork they do cut n paste or conjure up if they run this to ws disclosures stage...

 

Dx

[Gracelands]

Is Moriarty referring to Merligen and then Merligen will then have to go to Elevate Credit who no longer exist ?? And they need to find 4 lots of paperwork to conjure up.
in the meantime the clock will be ticking !!

 

Thanks G

[Gracelands]

Hi everyone

 

Time is near for me to submit a defence (25/02/22 if my calculations are correct?) so will be posting it up soon after reading a few more threads. Just wondering which way to go on the defence? 

I know it will be no paperwork defence as I have had nothing only latter's saying account on hold until they get back to me regarding my requests which they have not??

Just wondering if i put in the IRL request in the defence as I cant defend not knowing about the debt as I have listed 38 loans and account numbers in the IRL request also no reply from that either!!

 

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

 

 

Any advise will be appreciated.

 

Thanks G

[dx100uk]

PDL claimform

 

use our enhanced google searchbox

[Gracelands]

Hi

 

Credit file alert this morning and when I have checked their are x4 loans that have appeared from Merligen Investment Ltd all other loans say from Elevate with no defaults, these have just been added with a default showing registered in December 2018, these were no on there last week? I s this going to be their proof of notice and does this change my defence statement?

 

Thanks G

[dx100uk]

No.

No 

 

 

[Gracelands]

Hi everyone

 

After getting my head stuck in other posts I have had a go at my defence so here goes. (think it will need tweaks and any advice will be appreciated).

 

 

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 this claim 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 claim is for. To date the Claimant solicitors, Moriarty Law have failed to fully comply with this request.

 

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 agreement.

 

3. 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 the defendant from the Claimant Merligen International Limited.

 

4. I previously made on date 02/02/2022 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 has failed to properly comply.

 

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 the nature of the breach 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

 

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

 

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.

 

Do I add the IRL complaint to the defence or leave until later? 

 

Thanks G