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

[Gracelands]

Ok thanks for that jotty.
 

I will email a reply to court referrals stating not enough information for mediation and wait for local court date confirmation? 

 

I will upload the redacted docs sent with the settlement letter see if there are some bones to be picked out of them!!

 

thanks G

[jotty]

I'd not bother emailing the court, just wait until the mediator rings you, its all about playing the long game as I have said.

[Gracelands]

Ok will do 

 

thank G

 

Hi

 

I have attached the latest letter and documents sent to me. Not sure what im looking for as iv been sent them many letters in response to the claim?

 

I have notice that within the documents is something that is supposed to be from Sunny Loans but is not on letterheaded paper ( looks like something that has been made up?

 

Any advise would be welcomed

 

Thank G

Settlement letter and documents for defence reply.pdf

[jotty]

None of the documents look like originals or even copies of originals to me.

 

Like I say wait until you get a court date.

[dx100uk]

might be an idea to follow upload

there it only asks you to remove ref' no's and your details. so they cant ID you here on CAG

 

youve removed all dates and figures but left a few ref no's showing too remove them! put dates and figures back please.

 

are there any tickboxes with your typed name and an IP address by them? there should be 4? as you say this was for 4 loans

assuming you signed up online there must be?
 

[Gracelands]

Hi dx

 

I have Redacted and amended the documents and re attached.

Only other documents sent to me are attached in #67.

 

12 hours ago, dx100uk said:

are there any tickboxes with your typed name and an IP address by them? there should be 4? as you say this was for 4 loans

Only the name is typed on page 12 with no IP address in situe.

 

I have had no default notice or letter stating the selling of the debt from Sunny Loans to SLL Capital Ltd produced would this not be a required document from Sunny and would the need to produce documents for each loan in default? Default notice from SSL Capital was for the accumulation of debt and not for each loan!!

 

Thanks G

asking for settlement letter.pdf

[dx100uk]

go back and re read from about post 86.

 

4 loans

no agreements

no default notices

 

stuffed!

 

 

[Gracelands]

Sorry dx trying to get my head around it, 

 

no agreements - is that not an agreement attached above or are you saying “no” cuz it’s just a name with no IP address on the document?

 

no default - because the default is from SLL Capital and not from Sunny loans (Elevate) ? 

Stuffed - claimant because of the lack of above ?

 

thanks G 

[dx100uk]

SSL are a debt buyer, they cannot issue a default notice.

and ofcourse there should be 4 DN's

and 

4 loan agreements each with tick boxes and an IP address of what device was used and where and what time.

 

and also  dont forget SSL have sold these loans on to another DCA and they are the claimant.

now going by SSL and their claims in the past, they usually push through court themselves and not sell it on again.

IMHO as they have done this, these debts stink!! quick get rid of 'em as we can't enforce anything. merligen have got done over here.

 

 

[Gracelands]

Ok gotcha dx thanks for your humble opinion much appreciated. 
 

Next step wait for local court date. I will post back once this comes through?

 

thanks G 

[dx100uk]

IMHO i don't think you have enough concrete information there to even consider mediation.

 

see what @andyorch advises too

 

dx

 

[Gracelands]

Sorry dx im a bit confused now?

 

8 hours ago, dx100uk said:

 

IMHO i don't think you have enough concrete information there to even consider mediation.

 

see what @andyorch advises too

 

 

thought there was not enough information for them to take this to claims court ?  
 

now I think your saying I’m not in a good place here or am I reading this wrong!

 

G

[dx100uk]

You should not enter into mediation , which is basically compromising that you owe something, if you dont have all the info to decide that, their position is very weak inho.

 

As ive said

They need

4 signed agreements

4 default notices from the original creditor

 

None of which they have.

 

Dx

[jotty]

As I advised, based on my own experience, let the mediator ring you but explain that you don't have the necessary documents to enter into any discussions. They will try and get you to agree as its just a tick in the box but politely refuse.

It will then be returned to the court and based on the fact you dont have any of the originals forms it will test the resolve of Merlingen. They will hope you crack at some point and agree a deal, they will not want to go to court unless they have the right evidence.

 

Hold your resolve and play their game.

[Gracelands]

dx/jotty thank you for the advice and clarifying the situation I feel much better now,

I think i was meeting myself going backwards trying to work everything out 

 

Ok, no mediation and wait for local court date and see where we are at.

 

Thanks G

[jotty]

yes

 

[Gracelands]

Hi everyone hope you are all well.

 

MCOL update is that now been transferred to local court I am just awaiting the court confirmation letter. Will the letter have details of next steps to proceed?

 

thanks G

[jotty]

No problem, its just the system. 

 

Just keep your nerve and await a date.

[dx100uk]

And read like claimform threads.

so you know what is next

how to respond

at each stage.

 

wont hurt either to look at others witness statements too, as that is what is next for you to do.

 

Dx

[Gracelands]

Ok thanks dx/jotty.

I will stay calm and take a look at what others have posted for witness statement?

 

G

[AndyOrch]

Topic open

[Gracelands]

Hi hope you are all well.

 

Sorry its been a while but I have had no correspondence from anyone since my last post not even Merligen and was hoping this had gone away?

I have now received "Notice of allocation to small claims track (hearing) and hope to that I can get some guidance to help me through? (don't think I need to post court letter as this must be standard?)

 

I have been reading up on the next steps and know that I must prepare a witness statement around my defence that needs to be sent to court and claimant 14 days before the hearing date ( 09/11/2022) claimant to pay trail fee before close 12/10.2022. Do I need to contact courts to see if this has been made?

 

I will post up witness statement once I have seen more posts to assist and hopefully I can be pointed in the right direction for the final draft, as always everyone's help and advice is very much appreciated.

 

Thanks G

[AndyOrch]

Quote

Do I need to contact courts to see if this has been made?

 

Not particularly, if they dont the claim will be struck out and you will be informed.

 

 

.

[Gracelands]

Hi

 

I have been around the site for assistance with my witness statement which i have attempted below, hopefully some guidance and assistance will be given as I'm sure there will be, 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

 

 

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 loan accounts generated 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 ssl defence) 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, 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 as the debt would have already been terminated before assignment.

 

 

(DOC 4) The claimant was sent a complaint in relation to irresponsible lending to which I recieved a formal a reply on 10/02/022 to say the complaint would be investigated and a written reply would be made.

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.

 

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

 

Thanks G

 

[AndyOrch]

Requires work...a lot. What date do you have to file and serve by ?