Lantern/Moriarty PAPLOC Now Claimform- Morses Doorstep Loan ***Claim Struck Out*** now Judgement for Claimant!!

[MrJohnW]

Hello, 

Helping my friend out again.  This last year has been rather lovely for her as she has not been sent constant DCA letters but here they go again. 

Have any of the procedures changed since Covid or is it still the same CPR/CCA and wait for documents or court paperwork(and fill out the form)?  

Thanks

[AndyOrch]

Topic moved to Debt Collection Agencies Forum.

 

Andy

[dx100uk]

Sure moriarty's client is morses??

Not a dca?

 

I suspect the letter says letter of claim and there is a reply pack too wanting I&E too?

[MrJohnW]

Yes, its a DCA not Morses directly.  They have been quite sneaky in their wording but it is 30 days PAP letter.  No form though, I would get the one from here anyway to send to them.  

 

[dx100uk]

ok lets keep pulling teeth .......who?

 

 

[MrJohnW]

Lantern

[dx100uk]

aha though so our old mates MMF that rebranded as lantern because the got fined so many times be differing authorities for the way the for want of a differing word tried to scam debtors some years previous

 

i'll move you to the MMF/lantern forum and you can have a read...

 

but yes follow post 2 of our letter of claim thread by 30 days.

[dx100uk]

was this a doorstep loan?

[MrJohnW]

It was a standard for her, due to her isolated location, unaffordable Doorstep loan who then never turned up to collect any payments.   

[dx100uk]

good, they'll never get anywhere with this, just trying to find a mug that wants to wet themselves believing they are bailiffs and have superpowers.

no-one touches these old morses doorstep loans now with a barge pole, been that way for years , as the paperwork is virtually non existent, just like provident doorstep loans.

 

even if it were, with a bit of scratching you'll probably find this was one in a series of Loans?, that rolled and rolled, or no affordability checks were ever done, so can be subject to an IRL complaint against morses too.

 

dx

[MrJohnW]

 

Name of the Claimant ? Lantern Debt Recovery

 

Date of issue –  02/05/22

 

AOS 21/05/22 -

 

defence 03/06/22

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim?

1THE DEFENDANT OWES THE CLAIMANT £XX UNDER A REGULATED LOAN AGREEMENT WITH MORSES CLUB PLC DATED XX AND WHICH WAS ASSIGNED TO THE CLAIMANT ON XX AND NOTICE WAS GIVEN TO THE DEFENDANT ON THE XX(DEBT).  

2.DESPITE FORMAL DEMAND FOR PAYMENT OF THE DEBT THE DEFENDANT HAS FAILED TO PAY

 

3.AND THE CLAIMANT CLAIMS XX AND FURTHER CLAIMS INTEREST THERON PURSUANT TO SECTION XX OF THE COUNTY COURT ACT 1984 LIMITED TO ONE YEAR TO THE DATE THEROF AT THE RATE OF 8.00% PER ANNUM AMOUNTING TO XX.  

 

What is the total value of the claim? ~£475
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes, December last year.  
 

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

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Morses Doorstep Loan, of which the agent never returned.  
 

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 ? Home Loan
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Unknown, I am unable to get her to apply to one, even the free one.  
 

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? Unsure

Did you receive a Default Notice from the original creditor? Unsure
 

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

Why did you cease payments? Agent never turned up, Mainly due to pandemic I assume although they never turn up for these things.  
 

What was the date of your last payment? None made
 

Was there a dispute with the original creditor that remains unresolved? Unaffordable lending maybe? No complaints were made but I see provident etc are all shutting up shop.  
 

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


Will mark as defended and work on the defence.  

[dx100uk]

what date did she take this out

you have removed all dates

 

old and new threads merged

 

dx

 

[MrJohnW]

What is the claim for – the reason they have issued the claim?

1THE DEFENDANT OWES THE CLAIMANT £XX UNDER A REGULATED LOAN AGREEMENT WITH MORSES CLUB PLC DATED XX AND WHICH WAS ASSIGNED TO THE CLAIMANT ON XX AND NOTICE WAS GIVEN TO THE DEFENDANT ON THE XX(DEBT).  

2.DESPITE FORMAL DEMAND FOR PAYMENT OF THE DEBT THE DEFENDANT HAS FAILED TO PAY

 

3.AND THE CLAIMANT CLAIMS XX AND FURTHER CLAIMS INTEREST THERON PURSUANT TO SECTION XX OF THE COUNTY COURT ACT 1984 LIMITED TO ONE YEAR TO THE DATE THEROF AT THE RATE OF 8.00% PER ANNUM AMOUNTING TO XX.  

 

What is the total value of the claim? ~£475

 

 

 

1. The Defendant contends that the particulars of claim 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.

 

2. The Claimants pleadings are noted.  The defendant has in the past had financial dealings with Morses. The Defendant does not recall the precise details or agreement nor the claimant having failed to state any alleged account number. 

 

4. The claimants pleadings regarding failure of payments and termination are noted although irrelevant without a corresponding agreement number in connection to the alleged debt.
 

5. The Claimants pleadings regarding the assignment of the debt is denied. I am unaware of any legal assignment or Notice of Assignment  pursuant to section 136 of the Law of Property Act 1925 allegedly served on **/**/**** from either the Claimant or Morses.

 

6. 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 how the Defendant has entered into an agreement; and

(b) show and evidence any cause of action and service of a Default Notice

(c) show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request pursuant to the CCA1974.  The claimant as of this date is yet to comply and is therefore prevented from enforcing any alleged agreement. 

 

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

 

7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.

 

8. 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.

I was going to insert something about them failing to adhere to the 30 days requirement of the PAP as its now been 5 months but having now read the PAP from Justice.gov.uk I cant see anything that requires them to do so.  Have I misunderstood that aspect?  

 

[dx100uk]

you need to include the fact you replied to the pap wanting details inc a CCa request and the claimants sols failed to reply put the date of the loc and the date of you reply.

 

when did she take this out please

you've munged every date from their poc.

 

dx

 

[MrJohnW]

It was taken out about a week before the Lockdown.  

 

Thanks, I will add PAP stuff now that now.  

 

1.  The Defendant contends that the particulars of claim 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.

 

2.  The Claimants pleadings are noted.  The defendant has in the past had financial dealings with Morses.  The Defendant does not recall the precise details or agreement nor the claimant having failed to state any alleged account number. 

 

3.  The claimants pleadings regarding failure of payments and termination are noted although irrelevant without a corresponding agreement number in connection to the alleged debt.
 

4.  The Claimants pleadings regarding the assignment of the debt is denied.  I am unaware of any legal assignment or Notice of Assignment  pursuant to section 136 of the Law of Property Act 1925 allegedly served on **/**/**** from either the Claimant or Morses.

 

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 how the Defendant has entered into an agreement; and

(b) show and evidence any cause of action and service of a Default Notice

(c) show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

6. On receipt of the claimants letter before action dated 01/12/2021 I requested copies of the information requested above by way of a CPR 31.14 request and a section 78 request pursuant to the CCA1974.  The claimant as of this date is yet to comply and is therefore prevented from enforcing any alleged agreement. 

7.  The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) pre claim pursuant to PAPDC changes of the 1st October 2017.  The creditor must provide that document/information requested within 30 days of receipt of the response or provide an explanation as to why it isn’t available. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

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

9.  On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.

 

10.  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.

Edited May 12, 2022 by MrJohnW

[AndyOrch]

1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) pre claim pursuant to PAPDC changes of the 1st October 2017.The creditor must provide that document/information requested within 30 days of receipt of the response or provide an explanation as to why it isn’t available. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

[MrJohnW]

Thanks

 

[MrJohnW]

She has had the Small Claims Questionnaire arrive.  Is the advice still to say yes to mediation and then when they  call to discuss mediation say you don't agree there is a debt so mediation is pointless?  

[AndyOrch]

 

[MrJohnW]

Thanks.  

[dx100uk]

what happened in this thread?

 

dx

[MrJohnW]

She had a letter a few days ago but I won't see her until the weekend.  

[MrJohnW]

Letter is from the court, says she needs to provide any documents she will rely on in court.  

Shall we send a reply stating that the claimant has not provided any evidence of the claim and has not replied to the CCA/CPR, so there are no documents available to her?  

[AndyOrch]

No ...you must comply with the directions stated within the N157 Notice of allocation by submitting a fully particularised statement in support of the defence and any documents wished to rely upon or referred to within either the defence or statement.

 

All the above must be filed with the court and served on the claimants  solicitor by the date stated within the Notice of Allocation.

 

Andy

[MrJohnW]

So, there are no documents to file, the claimant has provided no evidence thus far, and no one to give evidence at court(As she wont attend, and no one can attend on her behalf).  

So do nothing?  

 

Edited October 12, 2022 by MrJohnW