• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Motormile Finance County Court Claim

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Motormile Finance County Court Claim

    I received a county court claim letter for £425.20 from Moriarty Law acting on behalf of Motormile Finance reagarding a Payday Express loan dating back to 2012.

    I have followed the steps on this site (many thanks for the advice and help), sent the CPR and CCA requests off then submitting my defence but heard nothing from Moriarty Law until I got back after working away this week to find a letter dated 4th July simply stating:

    'We write to acknowledge receipt of the defence filed by you with the court and in that regard we confirm that our client is proceeding with their claim'

    Just a couple of questions from here:

    1) What happens from here? Will I receive some notification from the court about a date etc. and if so will I have to attend this?
    2) Seeing as though I had no response from my CCA or CPR requests where does this leave the case from a legal standpoint?


    Any help / advice would be much appreciated.

    Thanks in advance.
    Tags: None

  • #2
    Re: Motormile Finance County Court Claim

    See below the defence that I submitted if this helps answer my questions:

    Defence

    1: I received the claim ??????? from the Northampton County Court
    on 26th May 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: The Claimants statement of case fails to give adequate
    information to enable me to properly assess my position with
    regards the claim.

    5. The Claimants statement of case states that the account was
    assigned from Express Finance t/a Payday Express to Motormile
    Finance UK Ltd on 26th June 2013. The Defendant does not recall
    receiving notice of this assignment.

    6. It is denied that Express Finance t/a Payday Express 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.

    7: On the 7th June 2017 I sent a request for inspection of
    documents mentioned in the claimants statement of case under
    Civil Procedure Rule 31.14 to Moriarty Law I requested the
    Claimant provide copies of the Agreement, Notice of Assignment
    and Formal Demand.

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

    9. On the 7th June 2017 I sent a formal request for a copy of the
    original agreement to Motormile Finance pursuant to section 77 -
    78 of the Consumer Credit Act 1974 along with the statutory £1
    fee.

    10. 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.

    11. 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.

    12. 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.

    13. 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.

    14. 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.

    Comment

    View our Terms and Conditions

    LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

    If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


    If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

    Announcement

    Collapse

    Support LegalBeagles


    Donate with PayPal button

    LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

    See more
    See less

    Court Claim ?

    Guides and Letters
    Loading...



    Search and Compare fixed fee legal services and find a solicitor near you.

    Find a Law Firm


    Working...
    X