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HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

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  • HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

    Hi I am in need of some help please.

    Long story short I had a number of loans back in the past and lost track of the majority of it.

    Friday morning I received a letter from Moriarty Law re Motormile finance in relation to a PDL I have a number of years ago with Mr Lender. I honestly cannot remember if this is 6 years old or not. Basically the letter states ( attached) that court proceedings have been issued for 697 ( oringal loan was now more the 300) and I will shortly recieve the information and a pack on how to respond. I am conscious of this as I have no CCJs currently as time has a elapsed for previous ones and they are no longer on my file.
    How should I proceed can anyone offer advice please.
    Attached Files
    Tags: None

  • #2
    Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

    First Steps || Acknowledge a Claim tick defend all:- | if/when a court form arrives read and follow advice within it:-

    give more info:- took out how much/when/last payment/ default date/ and any info you can for peeps to respond and assist you

    Comment


    • #3
      Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

      Hi
      You really have two options
      1) Contact them and make an offer but I would not do that myself for a variety of reasons at this point
      2) Wait until the claim form arrives and follow the first steps their

      Did you recently receive any other letters from moriarty
      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

      Comment


      • #4
        Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

        Thanks for response - claim form has come today and states as in the attached - what should I do?

        i really do not want a CCJ
        Attached Files

        Comment


        • #5
          Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

          Any help with what I should do next will be much appricated - not sure what I am doing to be honest. I have just sumbmitted the acknowledgement online and stated I wish to defend.

          Comment


          • #6
            Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

            Anyone

            Comment


            • #7
              Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

              Can anyone help with my next step please, I have gone on line and completed the claim to defend and give me 28 days, what do I know request, who should I send to, what should I send??

              Comment


              • #8
                Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

                Hi

                So you have acknowledged the claim- that's good

                Have you sent a CCA request? If not that needs doing

                I would then send a CPR 31.14 request asking for
                1) The agreement
                2) the formal demand
                3) the Notice and Deed of assignment

                Remember you have 33 days from the date on the claim form to enter your defence

                Even if it all looks bad there will be an opportunity later to maybe make a settlement offer- that will be entirely up to you but can stop a CCJ

                I can only offer advice on the technicalities of dealing at the early stages with the claim, I can not offer you advice with what you should say or what to do withwith regard to any payment you could/may/might make.
                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

                Comment


                • #9
                  Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

                  Thanks for your response, yes I have acknowledged the claim, sorry I am probably being a bit simple is a CCA request a standard form, I was under the impression i had 28 days ?? How do I file a defence and what grounds would be good to start?
                  i really do not want a CCJ as I currently have no and previous ones I had have elapsed over 5/6 years and not on my noodle credit report now, so I defiantly do not want my credit report to have a set back.
                  Last edited by elvis2003; 14th October 2017, 07:55:AM.

                  Comment


                  • #10
                    Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

                    As long as you have acknowledged the claim you have 33 days from the date on the claim form to get your defence in.

                    As you received the claim form 11th Oct, what was the date on it?

                    I guess you have until somewhere around 11th November but without the claim date I can not be sure.

                    Have you sent a SAR to Mr Lender?
                    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

                    Comment


                    • #11
                      Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

                      SAR? What is that??
                      claim date 5th October. I am a real novice here and not really sure what to do or send at all

                      Comment


                      • #12
                        Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

                        Subject Access Request Letter


                        CCA Request Letter || CPR 31.14 Request Letter

                        Comment


                        • #13
                          Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

                          Tuesday, 7 November 2017 is the latest by 4 pm to submit defence



                          Example Defence

                          Comment


                          • #14
                            Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

                            [MENTION=98117]warwick65[/MENTION] asked (above).......(Morning Warwick )
                            Did you recently receive any other letters from moriarty
                            In particular, were any of the letters saying that they will be taking court action? (As opposed to may/might etc)
                            CAVEAT LECTOR

                            This is only my opinion - "
                            Opinions are made to be changed --or how is truth to be got at?" (Byron)

                            You and I do not see things as they are. We see things as we are.
                            Cohen, Herb

                            There is danger when a man throws his tongue into high gear before he
                            gets his brain a-going.
                            Phelps, C. C.

                            "They couldn't hit an elephant at this distance!"
                            The last words of John Sedgwick

                            Comment


                            • #15
                              Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

                              This is going off at a tangent but it is an important one.

                              If you had other loans from Mr Lender before this defaulted one, or other loans from other payday lenders you should consider putting in affordability complaints asap about them. See https://debtcamel.co.uk/payday-loan-refunds/.

                              Don't delay. I suggest you go straight to the step two complaint in that link and add a sentence into the stage two template latter asking them to send you a list of your loans.

                              The aim here is to be able to get you some money back which may let you pay off any CC if you lose this complaint.

                              Also putting in a complaint will stop any lender starting court action (but not this one which is already started.)

                              If a lender says one of your debts has been sold and you should talk to xxxxx, reply that you want them to look at your whole complaint including this last defaulted loan. And inform xxxxxxx that the debt is in dispute with the original lender.

                              If they say your loans are over 6 years old so they won't refund, ignore this and send the case to the Ombudsman.



                              If the original Payday lender rejects your complaint, send it to the Financial Ombudsman the same day. No delays.

                              Comment

                              Announcement

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                              SHORTCUTS

                              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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