Moriarty Law - Lantern - quick quid - Letter before action

[flowerbunny]

Hi.

Mediation was pretty pointless.

They are not moving and say they are confident with their case and paperwork.

As stared previously the CCA they have provided i is not for the amount claimed. That loan has been paid off and is for a lesser amount than they are claiming, they should be providing me an agreement for 2 loans later and for the full amount claimed.

i guess I just sit and wait now for the court date?

[echat11]

Hi.

Mediation was pretty pointless.

They are not moving and say they are confident with their case and paperwork.

As stared previously the CCA they have provided i is not for the amount claimed. That loan has been paid off and is for a lesser amount than they are claiming, they should be providing me an agreement for 2 loans later and for the full amount claimed.

i guess I just sit and wait now for the court date?

What you could do is make offers to settle the claim, mark the offers 'Without Prejudice Save as to Costs' on the letter / email you send. Start with an amount you feel comfortable with.

[flowerbunny]

What you could do is make offers to settle the claim, mark the offers 'Without Prejudice Save as to Costs' on the letter / email you send. Start with an amount you feel comfortable with.

Good morning

Unfortunately, I have tried this already

The problem is that they say they want it in one lump sum if discounted and the most they will discount to is just under £1000.

If I want to pay in installments they wont move at all.

I would be happy to settle at £650, this is the likely amount that the Ombudsman would have reduced it to if I had the opportunity to take it to them

[flowerbunny]

Based on your experience.
Do I have a defence that's likely to succeed due to the missing CCA?
Or do I need settle?

[MIKE770]

deleted

[echat11]

Based on your experience.
Do I have a defence that's likely to succeed due to the missing CCA?
Or do I need settle?

a) They should provide all CCA's to cover all the loans. Read through what they have sent, what does it say regarding further loans? Also you have other points, like affordability of the loans etc. Mediation is all about negotiating a 'settlement', the other party should have gone in with that 'mind set', clearly they didn't.

Write a list of strengths / weaknesses of your case. That will help you decide.

b) If you lose, the Court will only ask you to pay what you can afford each month. So you'd have to fill in an I & E form, so if it's £1 a month, then that's what you would be ordered to pay. The 'cost of living crisis' helps you in this regard as everything has gone up.

[flowerbunny]

Hello and happy new year.

I am confused but i think i have good news.

There is a letter in the post today saying that they have discontinued their claim and have sent same to the court!

I am guessing because they do realise they do not have the correct CCA and know I will fight it?

So is this the end? They can never come after me again?

[flowerbunny]

Forgot to add we had both received letter by the court to put our case together and they have discontinued in response!

[echat11]

Hello and happy new year.

I am confused but i think i have good news.

There is a letter in the post today saying that they have discontinued their claim and have sent same to the court!

I am guessing because they do realise they do not have the correct CCA and know I will fight it?

So is this the end? They can never come after me again?

Hopefully it's the end, but you can never tell with these companies. They would have lodge a fresh claim with the Courts, but they would still need to provide the requested information. Follow through to make sure they've discontinued the claim, don't leave it in the belief it has been discontinued. Well done.

[flowerbunny]

Thankyou echat.

I will contact the court on Monday to check.

don't think they can launch a fresh claim as its statute barred now and an easy defence

Thanks again and enjoy your weekend.