Moriarty Law - Letter of Action - Old Payday Loan

[Amethyst]

Well Moriarty are asking you for payment of a debt that was originally owed to LeadsMarket Ltd, SLL are saying they own a debt assigned to them by Access Mortgage Underwriting Ltd, but the agreement states it was with Access Fast Money Ltd. So there would have to be evidence of the agreement being assigned from Access Fast Money Ltd TO Access Mortgage Underwriting Ltd or LeadsMarket UK Ltd and then TO SLL Capital. So far they haven't evidenced anything.

[2708andy]

Right ok. Before I write the letter of offer, is it worth stating this in a reply to Moriarty and also stating that I have requested a CCA from SLL? Surely if this is the case, if they were to make a claim in the County Court it would not be valid?

[Amethyst]

In essence you are replying to this letter....


So I'd combine your offer ( marked Without Prejudice of course ) with that...

So along the lines of ... maybe. .... thanks for docs, doesn't appear to satisfy my request, please clarify who the original lender was and thus confirm the legal assignment and provide the notice of assignment, default notice and notice of termination with regards the alleged debt. For your reference I have now made a formal CCA request to your client, SLL, and requested a full breakdown of how the amount being claimed has been reached since inception of the alleged account , request account put on hold whilst I await this further information ...... however in interests of goodwill/time I am willing to make a f&f offer to close the matter forthwith.

don't think you need to mention the £1 issue. ( if you can see your bank statements - did that £1 go back in - normally it'd be an authorisation confirmation thing so would come out and go back in again, just to check the account details are correct and valid - the £1 isn't mentioned on the agreement at all so should really be, again, part of the charge for credit )

[2708andy]

Great stuff. I will compile a letter know. Would it be okay to upload the letter for you to have a browse over before sending over to them?

[2708andy]

Hi Amethyst, attached is the letter I will be sending to Moriarty. Will this be sufficient? Thanks, Andy.

[Amethyst]

Left your name at the bottom so removed it for you... you haven't actually made an offer, just said you are willing to... hang fire I'll rewrite as a suggestion.

[Amethyst]

Hmmmm okay I really do go on far too much....I've put £50 but change to whatever you want to offer ( 50% would be £87.50 for example )

your address
your address
your address

date

their address
their address
their address


Account No: xxxxxxxxxxxxx
Your Ref: xxxxxx

To Moriarty Law

Without Prejudice - No debt is acknowledged to your Client.

Thank you for your letter dated 12/02/19 regarding a debt alleged to be owed to your client, SLL Capital Limited, and I acknowledge receipt of the documents.

I do have some queries with regards the information provided.

1) Please could you clarify who the original creditor is. Your letter states LeadsMarket UK Ltd however the alleged agreement you have enclosed appears to be a company called Access Fast Money Ltd.

2) Please provide evidence of legal assignment from the original creditor to your client.

3) Please provide a copy of the Default Notice and/or Notice of Termination.

For your reference I have now made a formal request directly to your client for a copy of the original agreement and terms and conditions pursuant to s.77 of the Consumer Credit Act 1974.

I have also requested they provide a full breakdown of the amount being claimed and how it has been calculated since the agreement was entered into in 2013.

Once I have received details of the original creditor I shall be sending a Subject Access Request under the Data Protection Act to them to obtain full details of the alleged debt and agreement.

The above information should assist me in considering my position further and I request that you place the account on hold whilst I await responses.

In the interests of goodwill, and because it simply appears this is going to take up a lot of time and effort to sort out, I would be willing to make an offer in full and final settlement of the account of the sum of £50 in order to end the matter forthwith. I am making this offer on the clear understanding that, if you accept it, neither you, your client nor any associate company will take any other action to collect or enforce this debt in any way and that I will be released from any liability.

I can pay the amount I have offered within 7 days of receiving your written agreement of this offer.

Please give me details of how I can pay.

I look forward to hearing from you.

Kind regards

Mr xxxxxxxxxxxx

[2708andy]

Fantastic, you do not go on at all. It is clear, precise and puts everything into place. Thanks for your help so far. I will keep you updated as and when I receive any responses. Thanks.

[Amethyst]

Hopefully they'll see it's going to be more trouble than it's worth to carry on... but it's Moriarty so don't expect them to see sense. Fingers crossed anyway.

Don't forget the CCA to SLL as well

[2708andy]

Hopefully they will, but you never know!
CCA written and being posted tonight.

Thanks.

[2708andy]

Hi Amethyst, received the following response from Moriarty this morning:


Dear Mr Cooper

Thank you for your email and for responding to our security questions.

We can confirm that we have referred to our client for supporting documents and will contact you again on receipt of a response.

In the meantime, the account will remain on hold and collection activity has been suspended.

Please note we may issue a County Court Claim to recover the debt outstanding which could result in a County Court Judgment. If a County Court Judgment is issued it will remain on your credit file for 6 years unless it is paid in full within a calendar month from the date of issue

You have the option of obtaining assistance from the following not-for-profit organisations that offer free, confidential and impartial advice should you require it: (i) National Debtline and (ii) Stepchange. Alternatively, you may wish to seek your own independent legal advice from a solicitor or Citizens Advice Bureau.

Kindest Regards

Moriarty Law Limited
Email: admin@moriartylaw.co.uk

Moriarty Law Limited are a Limited Company Authorised & Regulated by the Solicitors Regulation Authority (SRA) as an Alternative Business Structure – SRA Number 607528


15 Old Bailey | London | EC4M 7EF | Tel: +44 (0) 203 126 4544
Moriarty Law Limited are a Limited Company Authorised & Regulated by the Solicitors Regulation Authority (SRA) as an Alternative Business Structure – SRA Number 607528
http://www.sra.org.uk/solicitors/code-of-conduct.page
VAT Number: 175 6044 02



Seems they have chosen to ignore my offer of a settlement, shall I just wait now for the documents they have requested? I am also waiting for the response to the CCA I sent SLL Capital.

[Amethyst]

Yip they've completely ignored your offer. Not sure how the account can be on hold and collection suspended but still threaten court action.... but yes just wait and see if they provide any documents.

[2708andy]

Just had a thought in regards to the offer that was ignored. Is it worth approaching SLL directly and making an offer. I can see on their website there is a section where you can submit a final offer of settlement. Just concerned by the threat of legal action from Moriarty, even though they have stated the account is on hold.

[Amethyst]

If they do issue a claim you can defend it and can still make a settlement offer if appropriate xx If you do contact SLL I would do it in writing marked without prejudice not through their website thingy.

[2708andy]

Right ok, gotcha. Am I jumping the gun a bit? Should I just wait for the CCA documents and whatever Moriarty provide?