Moriarty Law - Lantern - quick quid - Letter before action

[echat11]

a) They have not been able to provide either of the above yet and have stated that further action will be on hold.

Because they have made a Court Claim, the debt can't be statute barred.
Part of your Defence is that they have been unable to provide the requested documents.
The Creditor has put the claim on 'hold', not the Court.

b) Meanwhile I still have this open court claim that they could apply for judgement for at any time even though they have sadi they will not til their client provides cca

If you've been asked to do something by the Court, i.e. file your Defence, return Directions Questionnaire etc, you need to do it. Otherwise the Creditor wins their case by default.

c) should i apply to stay the case pending receipt of a cca agreement?

I'm not sure that helps you, there is a cost attached.

d) Should I defend in full due to no cca?

You should file a Defence if you haven't, (a Defence has to be filed by a certain date) you seem to be relying on the Creditor to look after your interests, that isn't going to happen, they haven't done that to date.

Below is a template that can be amended to reflect the current situation. It can be filed via MCOL and a copy needs to be sent to the Creditors solicitors. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-court-claims/

If you do it, then copy and paste without personal details and ref numbers, we can take a look and amend. Then you can file it with the Court and other party.

e) Or do nothing for now?

Follow the Court process, not the Creditors.

[flowerbunny]

Hiya. I now have some paperwork from them.

Statement of transactions
NOA
CCA

however, the CCA is for the original loan of 200 pound. That was paid off and there were several more advances after that before the final one of 600 pound that was defaulted.

Am i clutching at straws that they should have the CCA for the 600 pound loan to enforce it? Or do they have me?

I can't risk having a CCJ as It's taken me several years to repair my credit rating after being caught in a payday lone trap a few years back. If they get a CCJ then this thing would have been on my file for 12 years total

Your advise much appreciated please

FB x

[echat11]

a) Does the payday loan have the same account number for all the 'advances'?

b) Have you filed a Defence yet?

c) Also fill in the details below, leave out all personal / reference numbers -

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

d) 'If they get a CCJ then this thing would have been on my file for 12 years total', if will only stay on there for 6 years.

e) Can you upload the Court Claim removing all personal / reference number details?

[flowerbunny]

a) Does the payday loan have the same account number for all the 'advances'?
No
I can see the account history and I have found couple of emails. i think I am starting to feel a little confident now

30th June 2016 a loan was issued for £200. Lets call this agreement number aaa
1st July 2016, loan aaa was repaid with loan bbb, and an extra £50 issued. new loan is £250
4th July 2016, loan bbb was repaid with ccc, and an extra £400 issued. New loan is £650.

There claim is for loan aaa but that is only for £200 and it has been repaid with loan bbb.
The only loan outstanding is ccc and that is now statute barred. They are claiming for ccc amount but using loan agreement number aaa.

I think my defence is that loan aaa has been repaid?

b) Have you filed a Defence yet?
no. i need to urgently. I have time to do it today. Hopefully you can help please?

c) Also fill in the details below, leave out all personal / reference numbers -

Received a claim? Yes
Issue Date: 10 may 2022
Have you Acknowledged the Claim?: yes
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £1300
Claimant’s Name: Lantern
Solicitors Firm: Moriarty
Original Creditor: Quick Quid
Original Debt (eg. Credit card/Loan/Overdraft) : £200 for the agreement number they are claiming for. But that was repaid with another loan, the total borrowed was £650 under a different agreement number
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Loan number aaa is not. Loan numbers bbb and ccc that repaid that loan are
List any letters you have sent (eg: CCA/ CPR ): I requested CCA and Statement of account form Moriarty. Lots of online chat communication
Any Other Information or Background Details:

d) 'If they get a CCJ then this thing would have been on my file for 12 years total', if will only stay on there for 6 years.
Sorry I was not clear. I meant that the default has been on my account for 6 years but has now dropped off.
If they get a CCJ that will be on for 6 years so this account has affected me for 12 total

e) Can you upload the Court Claim removing all personal / reference number details?
I will have a go in the next email

[flowerbunny]

Hi

Claim attached

[flowerbunny]

I am drafting a defence now and will post up for your feedback asap

[flowerbunny]

Here is my first draft at defence, please be kind I am not very good at this

Do I need mention anything about the subsequent loans being statute barred now should they try enforce those?

I dont know how to say that the amount they are claiming is for other loans on top of the one that was issued on the 30th June and that was repaid?
30th June - £200 loan
1st July - £200 loan repaid with a £250 loan
4th July - The £250 loan repaid with a £650 loan. This has accrued interest and charges and is the amount they are claiming. But they have stated only the loan issued on 30th June in the particulars of claim. And the 30th June CCA is the only one they have provided. They have not provided one for the 4th July loan, and in any case this would not match the partculars of claim?

For me my main defence is that the CCA provided for the 30th June has been repaid?

I think i have the hang of some of this defence but for the rest please kindly rip my defence apart with your knolwedge!!



1.The Defendant received the claim xxxxx from the Northampton County Court on xxx May 2022

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3.This claim is for a Loan agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has entered into an agreement with CashEuroNet LLC for provision of credit.

5.The Claimant’s Particulars of Claim states the agreement was entered into on 30/06/2016

6.On the 7^th June 2022 The Defendant 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, Default Notice and Notice of Assignment.

7.Moriarty Law sent the documents to the Defendant on 25^th August 2022.
8. The Defendant admits entering into the credit agreement provided by the claimant. This is Loan agreement number aaa, for £200 dated 30^th June 2016. This is dated as stated by the claimant in the particulars of claim.


9. The defendant fully repaid loan agreement aaa on 1^st July 2016, using a £250 loan with the same creditor. This is Loan agreement Number bbb. This in turn was repaid on 4th July 2016. This agreement has not been provided by the claimant. The loan agreement aaa, dated 30th July 2016 and claimed within the particulars of claim has been fully repaid by the defendant and credit agreement closed by CashEuronet LLC.

10. The alleged statement of account shows additional loan agreements issued after consumer credit agreement number aaa, and after the stated date of 30^th June 2016. These are not relevant to the Consumer Credit Agreement provided by the claimant and are separate agreements issued after aaa had been closed.

11. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5). The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim. The date agreed is until 7^th September 2022.

12.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.
13. In the event that any further relevant documents are received from the Claimant, the Defendant will then be in a position to amend her 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
[I believe][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Signed ________________________________
Dated ________________________________

[echat11]

Here is my first draft at defence, please be kind I am not very good at this

1.The Defendant received the claim xxxxx from the Northampton County Court on xxx May 2022

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3.This claim is for a Loan agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has entered into an agreement with CashEuroNet LLC for provision of credit.

5.The Claimant’s Particulars of Claim states the agreement was entered into on 30/06/2016

6.On the 7^th June 2022 The Defendant 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, Default Notice and Notice of Assignment.

7.Moriarty Law sent the documents to the Defendant on 25^th August 2022.


11. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5). The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim. The date agreed is until 7^th September 2022.

12.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.
13. In the event that any further relevant documents are received from the Claimant, the Defendant will then be in a position to amend her 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
[I believe][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Signed ________________________________
Dated ________________________________

I don't think you should go into too much details at this stage, if they have only stated The Loan Agreement in their Particulars of Claim. You should just say you haven't received all the documents that have been requested.

You should also edit your defence to remove anything that gives too much detail.
So do the defence again as per template.

I've edited your post above.

Also edit post 19.

Remember your Defence at this stage is only dealing with the Particulars of Claim.

[flowerbunny]

double post please delete

[flowerbunny]

Thankyou Echat for taking time to help

I have edited line 7 to partial docs reveived

Am I ok to submit this defence now them?

1.The Defendant received the claim xxxxx from the Northampton County Court on xxx May 2022

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3.This claim is for a Loan agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has entered into an agreement with CashEuroNet LLC for provision of credit.

5.The Claimant’s Particulars of Claim states the agreement was entered into on 30/06/2016

6.On the 7^th June 2022 The Defendant 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, Default Notice and Notice of Assignment.

7.Moriarty Law has only sent partial documentation to the Defendant on 25^th August 2022.


8. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5). The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim. The date agreed is until 7^th September 2022.

9.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.
10.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.
11. In the event that any further relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.
12. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth
I believe the that the facts stated in this statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Signed ________________________________
Dated ________________________________

[echat11]

a) Include the following, I'm not sure why you have left them out, amend the bits in [ ] accordingly:

**8.The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.

**9.It is denied that [Original Creditor] 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. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

**12.On the [Date] The Defendant sent a formal request for a copy of the original agreement to [Claimant] pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

**13.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.

b) No 7. change to 'some documentation'.

c) The Statement of Truth should read as follows:

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

[flowerbunny]

Hiya

About these parts

*12.On the [Date] The Defendant sent a formal request for a copy of the original agreement to [Claimant] pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

**13.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.

I did not send a £1 fee, I sent an electronic message to them in June which they responded to and said they would send

[flowerbunny]

Hiya

About these parts

*12.On the [Date] The Defendant sent a formal request for a copy of the original agreement to [Claimant] pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

**13.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.

I did not send a £1 fee, I sent an electronic message to them in June which they responded to and said they would send

This part is true

6.On the 7^th June 2022 The Defendant 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, Default Notice and Notice of Assignment.

[flowerbunny]

Is this ok now?

1.The Defendant received the claim xxxxx from the Northampton County Court on xxx May 2022

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3.This claim is for a Loan agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has entered into an agreement with CashEuroNet LLC for provision of credit.

5.The Claimant’s Particulars of Claim states the agreement was entered into on 30/06/2016

6.On the 7^th June 2022 The Defendant 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, Default Notice and Notice of Assignment.

7.Moriarty Law has sent some documentation to the Defendant on 25^th August 2022.

8.The Claimants statement of case states that the account was assigned from CashEuronet LLC to Claimant on 24/7/21The Defendant does not recall receiving notice of this assignment.


9.It is denied that CashEuronet LLC 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. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.


10. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5). The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim. The date agreed is until 7^th September 2022.
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.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.
13. In the event that any further relevant documents are received from the Claimant, the Defendant will then be in a position to amend her 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
I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Signed ________________________________
Dated ________________________________

[echat11]

Hiya

About these parts

*12.On the [Date] The Defendant sent a formal request for a copy of the original agreement to [Claimant] pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

**13.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.

I did not send a £1 fee, I sent an electronic message to them in June which they responded to and said they would send

What does did this 'electronic message' say? Just for information. If it has any value it needs to be in the correct format.