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Received first claim form, bit overwhelming

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  • Received first claim form, bit overwhelming

    I received a claim form today dated 5th September 2017.

    Its an old waged advance loan. It is now being handled by morality law on behalf of motor mile finance.

    I keep falling in the form on this forum but it tells me my message is too short.

    I just wondered what I can do? The loan was from 2011 and I remember rolling it over every month, and I think the most I borrowed was 450.

    The claim is for 1027.75.

    I want to defend maybe but I feel really overwhelmed and not actually sure what my defence could be.

    Any help would be vastly appreciated!
    Tags: None

  • #2
    Re: Received first claim form, bit overwhelming

    From the claim form:

    Claimant: Motormile finance uk ltd
    Address for payment: Moriarty law


    The defendant goes the claimant 831.25 under a regulated loan agreement with CURO TRANSATLANTIC LTD T/A WAGEDAY ADVANCE DATED 28/11/2011 and which was assigned to the claimant on 03/01/2014 and notice of which was given to the defendant on the 3/1/2014 (debt).

    Despite formal demand for payment of the debt defendant has failed to pay and the claimant claims 831.25 and further claims interest thereon pursuant to section 69 of the County Court act 1984 limited to one year to the date thereof at the rate of 8% per annum amounting to 66.50


    • #3
      Re: Received first claim form, bit overwhelming

      Looks like they must be processing these in bulk at the minute as mine was the same...have you acknowledged the claim form?


      • #4
        Re: Received first claim form, bit overwhelming

        Sorry this seems to have been missed

        Can it be moved to the correct forum [MENTION=49370]Kati[/MENTION] [MENTION=6]Amethyst[/MENTION]

        The first thing you need to do is acknowledge the claim online

        I would also send a CCA request to MMF and a CPR 31,14 request to moriarty lawasking for the agreement, the notice of assignment and the deed of assignment
        [MENTION=48934]Debt Camel[/MENTION]
        Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
        I have no formal legal training
        Any advice is offered without liability
        If in doubt take professional legal advice or contact the CAB


        • #5
          Re: Received first claim form, bit overwhelming

          if you had previous loans from WDA, you should consider putting in an affordability claim to try to get a refund for these, see https://debtcamel.co.uk/payday-loan-refunds/.

          In theory, you could try to get the court case stayed until the complaint has been resolved, see https://debtcamel.co.uk/court-payday-loan-debt/. I can't advise on how to do this. @Diana M @Amethyst @pt2537 any ideas?

          Even if you can't, an affordabilty case may later generate a refund which could help you repay any CCJ.

          And also consider complaints against other lenders.





          Pre-Action Letters
          First Steps
          Check your dates
          Acknowledge a Claim
          CCA Request Letter
          CPR 31.14 Request Letter
          Subject Access Request Letter
          Example Defence
          Set Aside Application

          If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.

          NOTE: If you receive a court claim note these dates in your calendar ...
          Acknowledge Claim - within 14 days from Service

          Defend Claim - within 28 days from Service (IF you acknowledged in time)

          If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.

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          If your case is over 10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.

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