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

[Gracelands]

Hi everyone

I have got myself into a large amount of debt with many payday loan companies over the last 4-5 years I have just had a letter threatening action from Moriary Law with reference Sunny Loan account.

 

The debt OC is Sunny Loans which i took out numerous loans from 2015 to 2018

 

Loan summary deposits into bank account:

First loan May 2015 10 loan deposits up to end October

Jan 2016 - December 2016 15 loan deposits

Jan 2017 - December  2017 11 loan deposits

Jan 2018 - October 2018 6 loan deposits

Last payment made on loan account £100 August 2018 payments stopped due to financial difficulties and the debt is stated to be £1500 across 4 loan accounts?

 

I have 4 outstanding loans that were sold on to DCA SLL Capital who have been chasing and now this has been sold on to another DCA October 2021 Moriarty Law!!

they have now sent emails to say that they have set me up an online portal account to make payments.

If no payments are made then court action will be taken.

 

I have attached a letter that was sent by SLL Capital stating that the loads have been reduced through remediation but only the loans that are active?

 

 

Any advice will be appreciated.

 

Thanks G

 

Sunny redress after adjustment.pdf

[dx100uk]

the debt has not been sold again

moriarty law are sols operating for their client SSL Capital the owner of the loans as detailed in your attachment.

 

and i bet the letter doesnt say WILL anything.

 

have you yourself put in an irresponsible lending complaint yet for each loan?

[Gracelands]

Hi Looked around the site for IRL form but cant seem to find 1, all IRL threads discuss sending it. Should i be sending SAR and CCA also?

 

Thanks G

[dx100uk]

home page of this very same forum pdl general.

 

 

 

Actually im wondering if those balance s would benefit from an irl complaint s.

 

its if they've done it right and all your payments and calcs are correct there?

 

p'haps as sar is at present the best way to go.

 

ps have you moved since taking those out and not informed ssl or the oc in writing?

Surprised they've never written as emails can be ignored of course..

As they should be!

[Gracelands]

Thanks dx/Andy

sar it is. No still at same address for all loans taken out. SSL sent lots of letters and even more emails offering deals if I contacted them ??

 

Thanks G

[dx100uk]

I can guess. They tried that wirh 1000 's of debtors

they wanted money in before they were forced to refund eveyone

[Gracelands]

Hi

no reply fro SAR which was sent to Moriarty Law ( hope this is correct or should have been sunny loans?)

is this normal that they don’t reply but still getting emails and letters from Moriarty?

 

any advice is appropriated

 

Thanks G

 

Hi

Sorry another question is who still owns these debts as i thought that Sunny has gone under and are Moriarty acting as a sols for the debt owner?

 

Thanks G

[dx100uk]

Never any point in sending an sar to a dca or their dogs

 

Send it to ssl the owner of the loans

[Gracelands]

Hi hope you are all well.

 

Moriarty Law are back on the case and have sent a letter stating that i will receive a county court claim form but i can resolve the matter within the next 14 days.

Moriarty are claiming £1,042.15 but the SLL letter states £835.33 after the Sunny loans have been reduced through remediation but only the loans that are active? 

 

The SLLcapital emails I'm getting are quoting a reduction settlements offer 1 is 50% paid over 6 months?

 

As stated above i hade 42 loans over a 3 year period constantly rolling the loans due to my circumstances.

 

Could i send a irresponsible lending letter to assist in the claim?

 

Just wondering where i should go with this now:

Defend once court claim arrives

Send IRL letter to assist if defending

Go for settlement offer

 

Any help will be appreciated

 

Thanks G

 

Edited January 31, 2022 by dx100uk
added A few blank lines only..dx

[dx100uk]

42 loans.. And going to court over one!! Of course they are.. The judge would eat them for breakfast ...

 

Send ssl an irl complaint.

 

About time you stopped these silly emails .block and bounce.them.

 

the letter i bet doesn't say will anything.

 

Dx

 

 

[Gracelands]

Thanks for the reply dx.

Sorry for the email checking just been in this mess for so long now I tend to panic when i get DCA on my trail!

I have attached the Moriarty letter sent tis will be a total of 4 loans they are chasing.

 

42 loans 38 repaid now amount being claimed is for a total 4 loans that were not repaid when in got into difficulty. These loans have been reduced through remediation but only the loans that are active? 

 

I will get an irl sent off to SSL straight away. Not quite sure how i will defend the claim i take it it will be due to the amount of loans provided and they went to my account which was already £4000 overdrawn and credit status was very poor!!

 

 

Loan summary deposits into bank account:

First loan May 2015 10 loan deposits up to end October -= £4450

Jan 2016 - December 2016 15 loan deposits = £6450

Jan 2017 - December  2017 11 loan deposits = £4400

Jan 2018 - October 2018 6 loan deposits = £2100

 

Total amount borrowed £17,400 ??

 

Just wondering if they will try their hand at county court? 

 

Thanks G

Court action letter.pdf

[dx100uk]

58 minutes ago, Gracelands said:

I tend to panic when i get DCA on my trail!

stuff and all any DCA can do - they ARE NOT BAILIFFS

and have 

ZERO legal powers on any debt no matter what it's type.

 

they have no more or less legal  that YOU & ME have if we think someone owes us money - raise a court claim. 99% of their trouble though is they didnt even loan the money in the 1st place!!

 

you sure these muppets have your correct address from you in writing if you've moved since you took these out?

court claim could be in the post.

 

on the IRL front, you say they were all a chain, one refinancing the next and so on, so the paid off loans are not immune from an IRL complaint...each one of them, should this be true.

as you would not have needed a later loan if an old balance had not existed on the previous one.

sorry can't scroll back, out sorting sheep, rather a cold windy snow bound time where i am from overnight

 

 

[Gracelands]

Thanks for your time dx.

Legal powers understood.

 

Yes still at same address these were taken out.

 

On the irl front, Yes - loans were repaid out of wages then had another loan to top up the repayments, also alongside a number of other payday loans, in effect a spiralling situation that ultimately got out of control!

 

I will send the irl as soon as possible should i be letting Moronarty know that an irl has been sent or will that not effect the way the deal with this court claim (if produced) i assume SSL Capital will be pulling their strings?

 

Thanks G

 

[dx100uk]

Theyll tell their dogs im sure.

 

pers id be putting separate irl complaints in for any/all loans whereby you had other outstanding lending/defaults/debts. They should not be lending to you if those exist.

 

just because any loan might of been paid out of your wages then and has long been settled does not stop an irl complaint on it.

 

Dx

[Gracelands]

Thanks dx I’ll get an irl for each running.

 

just got home and there it is, county court claim letter waiting looks like I’m being challenged ?

 

Thanks G

[dx100uk]

please complete this:

 

 

[Gracelands]

Hi 

 

Particulars of claim below

 

Which Court have you received the claim from ? Northampton

 

Name of the Claimant ? Merligen Investment Limited

 

Date of issue – 26/01/2022

 

Date of aos - 13.02.2022

 

Date to submit defence = 26.02.2022 

 

Particulars of Claim

 

What is the claim for – the reason they have issued the 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 tot the claimant on 19/07/2021 and notice which was given tot he 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 furhter 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

 

What is the total value of the claim? £1042
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not as can remember
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No
 

Did you inform the claimant of your change of address? N/A

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Payday loan
 

When did you enter into the original agreement before or after April 2007 ? After
 

Do you recall how you entered into the agreement...On line /In branch/By post ? online
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? no on both Experian, Equifax
 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? not aware
 

Did you receive a Default Notice from the original creditor? Not aware
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? yes
 

Why did you cease payments? Financial difficulty with payday loans
 

What was the date of your last payment? August 2018
 

Was there a dispute with the original creditor that remains unresolved? no
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no
 

 

Thanks G

Claim form.pdf

[dx100uk]

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

you'll need to send a CCA request for each loan in the claim.

 

dx

 

[Gracelands]

Thanks dx

 

Just a bit confused, SLL Capital are chasing for the debt payments then Moriarty have taken over as solicitors and now the claimant on the court claim form says "MERLIGEN INVESTMENTS LIMITED" don't even know who they are and where have SLL capital gone??

 

Thanks G

[AndyOrch]

Sounds like SLL have sold the debt to MERLIGEN INVESTMENTS LIMITED ...have you not received a Notice of Assignment ?

 

Quote

The defendant owes the claimant £835 under consolidated regulated loan agreement with Elevate Credit INTL Limited Also Known As Elevate Credit Limited T/A 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 tot he defendant on the 19/07/2021

 

According to their particulars they swear blind (under oath) they informed you 

 

Andy

[jotty]

Didn't Sunny go bust and refund some loans via Elevate Credit, I am sure they ended up paying people pence in place of pounds as compensation although they did call the payments dividends ?

[dx100uk]

yes read the start of the thread, on some he got a refund etc.

[jotty]

Yes sorry noted I was wondering how they could chase debts written off by the lenders.

[dx100uk]

They arent chasing, they have issued a court claim for 4 pdl's in one claim.

Unless you are talking about your own issues?

 

DX

[jotty]

Sorry not sure what you mean.

 

I tried and failed with my battles against these clowns.