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Thread: Merligen Investments v Fredriko

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  1. #1
    Fredriko's Avatar

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    Default Merligen Investments v Fredriko

    Stopped paying the debt when i had missed a couple of payments and the door step collecter become very hard work to deal with who then got the manager involved who was quite abusive and demanding and also making claims she would get the police involved if i did not make payment, I got in contact with there main office and told them i no longer wanted the agents calling at my property for the above reasons. I was then unable to make payments due to financial dificulty, a few years have gone by and i have now received this claim form and not sure what to do.

    Any advice received would be great.

    Thanks

    Received a claim? Yes/No: yes
    Issue Date: 26/07/2017
    Have you Acknowledged the Claim?: yes
    Total Amount Claimed: £281.28
    Claimant’s Name: Merligen Investments limited
    Solicitors Firm: Moriarty Law
    Original Creditor: Morses club limited
    Original Debt (eg. Credit card/Loan/Overdraft) : Loan
    Particulars of Claim:

    The claimants claim is for the balance due under an agreement (debt) with Morses club limited dated 02/06/2011 under which the defendant agreed to repay monthly instalments but has failed to do so and which debt was assigned to the claimant on the 17/03/2014 and notice of which was given to the defendant on 17/03/2014 and which debt is now due and payable. and the claimant claims the sum of £191.00. The claimant also claims interest thereon pursuant to S.69 county court act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £15.28

    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): not sure
    List any letters you have sent (eg: CCA/ CPR ) Please advise
    Any Other Information or Background Details:

  2. #2
    charitynjw's Avatar

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    Default Re: Merligen Investments v Fredriko

    Hi Fredriko, welcome to LB.

    Well done for acknowledging the claim.
    Send a CCA request + £1 fee to the Claimant. (s77 CCA is applicable if a loan).
    Send a CPR 31.14 request to the solicitor. (I'd ask for a copy of the agreement, the Notice of Assignment, the Deed of Assignment & a breakdown of the alleged sum claimed).
    It is also advisable to send a SAR to the original creditor.

    See top of this thread for templates.
    Always keep copies & get proof of posting.

    It is unlikely that this would be statute-barred if the original agreement was June 2011.

    There are other issues with Payday/doorstep loans (eg responsible lending) which can also be explored.
    CAVEAT LECTOR

    This is only my opinion - "
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  3. #3
    Fredriko's Avatar

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    Default Re: Merligen Investments v Fredriko

    Quote Originally Posted by charitynjw View Post
    Hi Fredriko, welcome to LB.

    Well done for acknowledging the claim.
    Send a CCA request + £1 fee to the Claimant. (s77 CCA is applicable if a loan).
    Send a CPR 31.14 request to the solicitor. (I'd ask for a copy of the agreement, the Notice of Assignment, the Deed of Assignment & a breakdown of the alleged sum claimed).
    It is also advisable to send a SAR to the original creditor.

    See top of this thread for templates.
    Always keep copies & get proof of posting.

    It is unlikely that this would be statute-barred if the original agreement was June 2011.

    There are other issues with Payday/doorstep loans (eg responsible lending) which can also be explored.

    Thank you very much for replying,

    I have taken your advice and printed both letters you have mentioned, They will be sent this afternoon via recorded delivery.

    Were would i start in regards to the doorstep loan responsible lending?

    Thanks for your help

  4. #4
    Amethyst's Avatar

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    Default Re: Merligen Investments v Fredriko

    This company originally ?




    Also, keep an eye on your defence date as that will need to be submitted on time regardless whether Merligen reply to your letters or not xxx
    Attached Images Attached Images
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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  5. #5
    Fredriko's Avatar

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    Default Re: Merligen Investments v Fredriko

    yes thats the original company, if my issue date was the 26/07/17 what would be my latest date for defence?

    Thank you for your reply

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    Amethyst's Avatar

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    Default Re: Merligen Investments v Fredriko

    Latest - Monday, 28 August 2017 at 4pm
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  7. #7
    Amethyst's Avatar

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    Default Re: Merligen Investments v Fredriko

    Do you have any paperwork hanging over from when you had the doorstep loan and problems with the collector woman?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  8. #8
    Fredriko's Avatar

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    Default Re: Merligen Investments v Fredriko

    Unfortunately i dont have any paper work as it is a good few year's since i have had any letters from them.

    I have posted both the CCA and CPR 31.14 requests this afternoon

    Thanks ��

  9. #9
    Fredriko's Avatar

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    Default Re: Merligen Investments v Fredriko

    Received this letter from Moriarty Law today
    Attached Images Attached Images
    Last edited by Fredriko; 9th August 2017 at 23:17:PM.

  10. #10
    Amethyst's Avatar

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    Default Re: Merligen Investments v Fredriko

    Cool See if anything turns up by say 20th August, and if not get your defence together to go in. ( stick to the courts dates as they haven't specifically agreed to a formal extension )
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  11. #11
    Fredriko's Avatar

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    Default Re: Merligen Investments v Fredriko

    Ok will do thank you for your reply

  12. #12
    charitynjw's Avatar

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    Default Re: Merligen Investments v Fredriko

    But make sure your defence is filed at court on time. (Deadline is 33 days from the court claim issue date printed on the front of the claim form, unless you both agree to a 28 day extension).
    Their 'on hold' does not supersede the court timetable, which is paramount.
    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

  13. #13
    Fredriko's Avatar

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    Default Re: Merligen Investments v Fredriko

    Neither Moriarty or merligen investments have supplied me with the requested documents so far.

    I want to start putting a defence together but i don't know were to start, Could any body point me in the right direction please

    Thank you for all your help so far

  14. #14
    Kati's Avatar

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    Default Re: Merligen Investments v Fredriko

    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

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  15. #15
    Fredriko's Avatar

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    Default Re: Merligen Investments v Fredriko

    Hello

    This is my defence i would be greatful if somebody could have a look over it for me please.

    Do i leave number 12 out or what do i put with that one?

    Also unsure about number 7

    Thanks








    In the Northampton County Court Business Centre


    Claim No: -------





    MERLIGEN INVESTMENTS LIMITED


    Claimant


    And





    MR


    Defendant


    DEFENCE





    1.I received the claim -------- from the Northampton County Court on 27/07/2017





    2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.





    3.This claim appears to be for a Loan agreement regulated under the Consumer Credit Act 1974.





    4.It is denied that the Defendant has previously entered into an agreement with Morses Club Limited for provision of credit.





    5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.





    6.The Claimants statement of case states that the account was assigned from Morses Club Limited to Merligen Investments on 17/03/2014. The Defendant does not recall receiving notice of this assignment.





    7.It is denied that Morses Club Limited served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.





    8.On the 03/08/2017 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Moriarty Law. I requested the Claimant provide copies of the Agreement and Notice of Assignment.





    9.Moriarty Law has not sent any of these documents to me.





    10.On the 03/08/2017 I sent a formal request for a copy of the original agreement to Merligen Investments Limited pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.





    11.The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.





    12. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]





    13.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.





    14.I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.





    15.In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.





    16.It is denied that the Claimant is entitled to the relief as claimed or at all.


    Statement of Truth


    The Defendant believes that the facts stated in this Defence are true.


    Signed MR


    Dated 27/08/2017

  16. #16
    charitynjw's Avatar

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    Default Re: Merligen Investments v Fredriko

    Imho

    #7 ok to leave in.

    I'd change #12 to

    12. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), however they have failed to respond to the invitation.

    Your defence ought to be filed at court latest 4pm Tues 29th.
    You can email it or send via MCOL.
    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

  17. #17
    charitynjw's Avatar

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    Default Re: Merligen Investments v Fredriko

    Have you SAR'd Morses?
    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

  18. #18
    MIKE770's Avatar

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    Default Re: Merligen Investments v Fredriko

    Claim responses & directions:
    [email protected]

  19. #19
    Fredriko's Avatar

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    Default Re: Merligen Investments v Fredriko

    Quote Originally Posted by charitynjw View Post
    Have you SAR'd Morses?
    I haven't is this to late to do now?

  20. #20
    Fredriko's Avatar

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    Default Re: Merligen Investments v Fredriko

    Quote Originally Posted by MIKE770 View Post
    Claim responses & directions:
    [email protected]
    Thanks for the email, unfortunately I have lost my gateway ID as my computer broke and I have lost all my files that was saved on there


    Is there a specific way to send my defence via email ?


    thanks for your help

  21. #21
    charitynjw's Avatar

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    Default Re: Merligen Investments v Fredriko

    Quote Originally Posted by Fredriko View Post
    I haven't is this to late to do now?
    No, not too late.

    Quote Originally Posted by Fredriko View Post
    Thanks for the email, unfortunately I have lost my gateway ID as my computer broke and I have lost all my files that was saved on there


    Is there a specific way to send my defence via email ?


    thanks for your help
    Send the defence as an attachment complete with a signed statement of truth at the bottom & appropriate header at the top.
    Example - http://legalbeagles.info/library/gui...-court-claims/

    In email subject box, put [Merlingen's full name] v [Fredriko]: Court claim no. [XXXXXXXX] - Defence
    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

  22. #22
    MIKE770's Avatar

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    Default Re: Merligen Investments v Fredriko

    Quote Originally Posted by Fredriko View Post
    Thanks for the email, unfortunately I have lost my gateway ID as my computer broke and I have lost all my files that was saved on there


    Is there a specific way to send my defence via email ?


    thanks for your help

    alternative to MCOL used as a last resort! get it in

  23. #23
    Fredriko's Avatar

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    Default Re: Merligen Investments v Fredriko

    Defence has been sent via email, Thanks for your help

  24. #24
    Fredriko's Avatar

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    Default Re: Merligen Investments v Fredriko

    Hello

    Just an update..

    Recieved a letter today from Moriarty law acknowledging receipt of my defence and confirming there client is continuing with the claim.

    I am just a bit confused as they haven't complied with any of my document requests, is this normal?

    Thanks for your help

  25. #25
    Amethyst's Avatar

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    Default Re: Merligen Investments v Fredriko

    Yep. Sometimes they will wait until they exchange witness statement to provide documents ( other times they'll bail out at that point )

    Your next step will be the Directions Questionnaire ( the court should send you one to complete and return soon )
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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