Moriarty Law / Vivus / CCJ

[matthew86ps]

Hello all, I’ve read threads for a while but this is my first plea for help, I’ll try and keep it simple:

- originally in £10,000’s worth of debt, now at £2000 through payments and agreements made through wages not debt plan
- managed to avoid CCJ to now
- for some (stupid) reason I’ve ignored only one of my debtors shown on my credit report and they have now sent a claim form for the debt

The debt was originally for a (I presume) payday loan - vivus - who have now gone out of business

debt was (apparently) originally for loan totalling £350.00 in 2016. Vivus added £168 in interest and £518 in charges making the total debt £700.00.

debt then assigned to Moriarty Law

i have acknowledged the claim form

after receiving the claim form I got a letter saying I could still come to an amacable ageeement, I emailed asking what this would be and they said clear balance within 6 months but they have increased the balance to take into account the court fee and legal rep costs - surely this isn’t fair if they aren’t taking court action?

I replied saying this and their reply was it’s that or nothing, so debt is now at £886. (700 as above plus £56 interest plus £60 court fee plus £70 legal costs)

I am really desperate not to get a CCJ after all I’ve done to avoid one with my other creditors (at one point I had over 30 different creditors for short term and payday loans) but it seems so unfair they’ve added these costs on it we are resolving outside court. I COULD pay this within 6 months to avoid the CCJ but wondered if I have any other options?

I have asked Moriarty for a copy of the loan/credit ageeement and they say they will post one but nothing received 5 days on

i submitted my acknowledgement to the court on Friday just gone.

any help gratefully received!

Sorry for any spelling/grammar errors am typing from phone.

[matthew86ps]

...something else to consider - I have just been looking on google and if I am reading it correctly the max a complaint can charge in fees is £15 so how could I have been charged £518?! Could this be a poss defence, or am I reading the original info wrong? Thanks

[matthew86ps]

Can anybody help me? thanks in advance

[sarahla135]

Hi, I was just wondering how you got on with your case as I am in a similar situation to yours and I’m not sure what to do.

[Debt Camel]

Can anybody help me? thanks in advance

This may help but indirectly - have you looked at making affordability complaints to your other payday and short term loan lenders?
See https://debtcamel.co.uk/payday-loan-refunds/

This won't work with the dbt that is going to court as Vivus have gone under. But if you can get refunds from your other lenders this may give you the money to pay off this CCJ (if you end up with one) within 30 days of the judgment so it doesn't harm your credit record at all.

If you just carry on defending this case for as long as possible, it will usually take a long while to get a judgment so hopefully you may get some refunds before then!

Also if there are any debts you still owe a balance on, starting off an affordability complaint before court action is begun should mean they cant start court action until the complaint is resolved.