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Thread: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

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    elvis2003's Avatar

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    Default 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.
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    MIKE770's Avatar

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    Default 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

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    warwick65's Avatar

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    Default 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

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    elvis2003's Avatar

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    Default 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
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    elvis2003's Avatar

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    Default 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.

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    elvis2003's Avatar

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    Default Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

    Anyone

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    elvis2003's Avatar

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    Default 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??

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    Default 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

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    elvis2003's Avatar

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    Default 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 at 07:55:AM.

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    Default 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

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    elvis2003's Avatar

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    Default 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

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    Default Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ


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    Default Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

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



    Example Defence

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    Default Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

    @warwick65 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

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    Default 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.

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    elvis2003's Avatar

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    Default Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

    Thanks all for the responses and help. I'll will start to action as above.

    Yes I did recieve a letter approx 3 days before the claim from Moriarty Law stating that a claim letter would be on its way to me.

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    elvis2003's Avatar

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    Default Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

    Do I send the CCA request to Motormile, Moriarty Law of Mr Lender?

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    Default Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

    CCA request + fee to the Claimant on the court claim (Motormile?)

    Copy (no fee...information only) to solicitor.

    Get proof of posting & keep copies.
    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

  19. #19
    elvis2003's Avatar

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    Default Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

    When using the defence template what option am I best going with ?

    - - - Updated - - -


  20. #20
    charitynjw's Avatar

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    Default Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

    The one that @MIKE770 posted in #13 is fine.
    Tweak it to suit.
    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

  21. #21
    elvis2003's Avatar

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    Default Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

    The standard request CCA form asks for an acc number however I do not have it, is it needed.

  22. #22
    elvis2003's Avatar

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    Default Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

    HI All I have completed 2 letter for the CCA request can someone give me advice and let me know if
    - they have the right requests
    - if I am to send both letter
    - do I also send them to MMF, Mr Lender and Moriarty Law - the court as well

    Sorry for my weak understanding.

    just completing the defence letter and will add shortly.

    17th October 2017


    Motormile Finance UK LTD (MMF)
    Protection House

    83Bradford Road
    Leeds
    LS28 6AT



    Dear Sirs,

    Claim Number: ********
    Request for documents mentioned in a statement of case under CPR 31.14

    On 9th October 2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
    To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence.

    1. Loan Agreement dated 28/08/2013
    2. Notice dated 08/01/2014
    3. Formal Demand

    In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
    You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.
    I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.
    You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
    If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.
    For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 17/10/2017.
    I look forward to hearing from you
    2nd Letter


    17th October 2017

    Motormile Finance UK LTD (MMF)
    Protection House

    83Bradford Road
    Leeds
    LS28 6AT



    Dear Sirs,

    Account Reference: XXXXXX
    Formal Request for a copy of the Credit Agreement

    With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.
    We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a legible copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.
    We understand a copy of our credit agreement should be supplied within 12 working days.
    We look forward to hearing from you.
    Yours sincerely


    Encls.


    Yours sincerely

  23. #23
    warwick65's Avatar

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    Default Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

    Hi

    You send the 31.14 request to the claimants solicitor ( I assume it says address for documents and service)
    Document 2 should be the notice of assignment


    The CCA (s77-79) request does go to MMF

    Have you sent a SAR (Subject Access Request) 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

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    elvis2003's Avatar

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    Default Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

    so first posted letter (above) to Moriarty Law? change document 2 to read Notice of Assignement?
    Second posted letter (above ) to MMF

    No I have not sent SAR- should I do that now? Is it a template? If I send all letters today when should I file/post defence?

  25. #25
    elvis2003's Avatar

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    Default Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

    Hi All

    I have this defence ready can anyone help around a few sections. See defence below and questions please.
    Section 7- I am unsure if this is past 6 years, but the it does not seem so according to their info, should I remove ?
    Section 12 - is it 77 or 78?
    Section 13 - again unsure about 77/78 etc. not sure what I should leave in or take out.
    Section 14 - again unsure what to leave in and take out.


    In the Northampton County Court Business Centre
    Claim No: ********

    Motormile Finance UK LTD (MMF)
    Claimant
    And

    Defendant



    DEFENCE


    1. I received the claim D7DL84EP from the Northampton County Court on 9th October 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 admitted that the Defendant has previously entered into an agreement with Original Creditor 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 Claimant’s Particulars of Claim fail to state when the agreement was entered into.
    7. The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years
    8. The Claimants statement of case states that the account was assigned from PDL finance LTD T/A Mr Lender to Motormile Finance UK LTD (MMF) on 08/01/2014. The Defendant does not recall receiving notice of this assignment.
    9. It is denied that PDL finance LTD T/A Mr Lender 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.
    10. On the 17/10/2017 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 and Motormile Finance UK LTD (MMF) I requested the Claimant provide copies of the Agreement, Formal Demand and Notice of Assignment.
    11. Moriarty Law has not sent any of these documents to me.
    12. On the 17/10/2017 I sent a formal request for a copy of the original agreement to pursuant to Motormile Finance UK LTD (MMF) section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
    13. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
    14. 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.]
    15. 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.
    16. 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.
    17. 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.
    18. 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 ________________________________
    Dated ________________________________

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