Moriarty Law - Lantern - quick quid - Letter before action

[echat11]

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.

O.K.

[echat11]

O.K. that's fine, point (8), needs a full stop after 21. Check over spacing, grammar etc , then you are ready to go.

[flowerbunny]

Brilliant thankyou I will submit first thing in the morning after a final grammar check.

Thankyou you have been superb
Much appreciated
Xx

[echat11]

Can you keep a copy of post 19 and 22, but edit loans Ref numbers.

[flowerbunny]

Good Morning

I have submitted the defence.

Unfortunately I cant edit the post?
I think it needs be edited by someone with Moderator access?

[echat11]

Good Morning

I have submitted the defence.

Unfortunately I cant edit the post?
I think it needs be edited by someone with Moderator access?

O,K. I've asked Admin.

[flowerbunny]

Good morning. Hope everyone is doing well

I have a Directions Questionairre that I need respond too and i need help with please.

I think the answers will be as following...

A Mediation = Yes
C track = yes
D Suitability without a hearing = Dont know?

Can someone advise please?

FB x

[flowerbunny]

Sorry one more question.

Are there any of the other questions that I should be careful answering? They seem straight forward but i just wantvto check if i need be aware of anything u have not noticed

[echat11]

Have you received all the documents you requested?

[flowerbunny]

I received no further from my last post.

So I have a statement, noa, and then the only other document that I have received is a credit agreement for the 1st loan.

That has been superceded with further loans that paid that 1st loan off.

[flowerbunny]

The 1st credit agreement is only for 200 pound.
This was repaid with another higher credit agreememt.
Which in turn was repaid with a final agreement and this is the amountvthey are claiming against me, plus interest, plus charges, plus court and legal fees

[echat11]

Good morning. Hope everyone is doing well

I have a Directions Questionairre that I need respond too and i need help with please.

I think the answers will be as following...

A Mediation = Yes
C track = yes
D Suitability without a hearing = Dont know?

Can someone advise please?

FB x

A Mediation = Yes

You can say yes to mediation, write that you haven't received all the documents (the other agreements), but that might result meaning that mediation will be 'kicked' into touch.

C track = yes

Yes to that, it's the correct track.

D Suitability without a hearing = Dont know?

No to this, if it goes to a full hearing, you clearly want to put your case.

[flowerbunny]

Thankyou x

[flowerbunny]

Ok, I have an appointment with the mediator.
My initial thoughts are as follows



Background

- In 2016 the defendant was in serious financial difficulty. I was borrowing from 1 pay day loan company to another Just to attempt to repay interest

- Affordability checks were not completed by the company Quick Quid. Should they have been completed they would see that I was in serious difficulties.

- Defendant is unable to make an unaffordability claim against the original lender due to them being dissolved. Quick Quid went into administration in 2019 and thus the defendant has been unable to put any case to the Financial Ombudsman.

- The loan was then sold to Lantern

- Lantern and Moriarty have ignored all correspondence to resolve.

- I was asked by Moriarty to come to a settlement, otherwise they would commence court action

- I informed Moriarty of my disability to their dedicated disabilityservices@moriartylaw.co.uk address but this was ignored, I made an offer to them without prejudice but this was ignored and then they issued a court claim adding court and legal charges despite me being in correspondence with them.



Enforceability

- Moriarty/Lantern have faield to provide the documentation requested.

- Moriarty are claiming for a £650 loan plus interest and charges. Yet, have only provided a CCA for a by £200 loan. This loan was repaid by the defendant. Moriarty have failed to supply a CCA for the £650 loan and without that the loan is unenforceable.

- Moriarty have claimed for a loan issued on 30^th June 2016. – This loan has been repaid on 1^st July 2016.

- Any latter loans that may have been outstanding, including any £650 latter loan that may have been issued will now be time statute barred.





If I need to come to an agreement

- Some payment plans are in place with other lenders at the rate of £10 a month. It is not affordable nor fair on other creditors for me to clear any balance at the rate demanded by Moriarty.

[echat11]

Ok, I have an appointment with the mediator.
My initial thoughts are as follows



Background

- In 2016 the defendant was in serious financial difficulty. I was borrowing from 1 pay day loan company to another Just to attempt to repay interest

- Affordability checks were not completed by the company Quick Quid. Should they have been completed they would see that I was in serious difficulties.

- Defendant is unable to make an unaffordability claim against the original lender due to them being dissolved. Quick Quid went into administration in 2019 and thus the defendant has been unable to put any case to the Financial Ombudsman.

- The loan was then sold to Lantern

- Lantern and Moriarty have ignored all correspondence to resolve.

- I was asked by Moriarty to come to a settlement, otherwise they would commence court action

- I informed Moriarty of my disability to their dedicated disabilityservices@moriartylaw.co.uk address but this was ignored, I made an offer to them without prejudice but this was ignored and then they issued a court claim adding court and legal charges despite me being in correspondence with them.



Enforceability

- Moriarty/Lantern have faield to provide the documentation requested.

- Moriarty are claiming for a £650 loan plus interest and charges. Yet, have only provided a CCA for a by £200 loan. This loan was repaid by the defendant. Moriarty have failed to supply a CCA for the £650 loan and without that the loan is unenforceable.

- Moriarty have claimed for a loan issued on 30^th June 2016. – This loan has been repaid on 1^st July 2016.

- Any latter loans that may have been outstanding, including any £650 latter loan that may have been issued will now be time statute barred.





If I need to come to an agreement

- Some payment plans are in place with other lenders at the rate of £10 a month. It is not affordable nor fair on other creditors for me to clear any balance at the rate demanded by Moriarty.

O.K., remember the 'mediation' is limited to 30 minutes. The mediator will talk to the creditors representative, then you, then back to the creditor, etc. You have a lot of info you want to get across. you need try to settle the matter, that's the point of the mediation. So you can put your case (briefly, I'd use bulletin points instead of the whole story, e.g. use points 1 - 7) in order to get a 'settlement' that you can agree to.