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Court Claim - MMF/Moriarty/Wageday

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  • Court Claim - MMF/Moriarty/Wageday

    Hi looking for help with this one.

    • Claim form received beginning Sept, AOS sent in a few days later. They are claiming I owe just under £200, are claiming interest and costs all totalling just under £300
    • CPR18 sent to solicitors via Special Delivery within 14 days
    • CCA sent to claimant via Special Delivery within 14 days
    • CCA forwarded to solicitors with confirmation of delivery via Special Delivery
    • Only response from claimant was to send an agreement for a completely different account/lender/amount
    • Defence submitted within 28 days with copies of above and confirmation of delivery.
    • Claimant sends yet another stack of agreements within 28 days of receiving my defence. In this they have included an agreement with Wageday, but the amount owed is not the same.
    • Solicitor replies within 28 days of defence submitted saying claimant is continuing with claim



    I am quite sure I don't owe this as I have no record of it, but I don't want a CCJ and probably wouldn't be able to fund the funds to pay it off within 28 days. So I presume the best route would be to essentially say no contest. From what I'm reading here and elsewhere the next best steps would be to agree to mediation and try to get a Tomlin, as they have provided an agreement and they will probably just argue in court I've made some small payments which is why the amounts are different.

    Any help greatly appreciated.
    Tags: None

  • #2
    Re: Court Claim - MMF/Moriarty/Wageday

    how about telling us what is it all about? i.e:- who originator was who issued the court form contents of etc etc

    who are the chancers??

    Comment


    • #3
      Re: Court Claim - MMF/Moriarty/Wageday

      From the title, MotorMile Finance are the debt collector, Moriarty are the solicitors and Wageday Advance were the original payday lender..

      Comment


      • #4
        Re: Court Claim - MMF/Moriarty/Wageday

        Originally posted by beta View Post
        • Only response from claimant was to send an agreement for a completely different account/lender/amount

        was this actually your agreement? if it was, then you should be expecting to receive a letter before claim about this one as well... In this case if it was a payday lender, you should look at putting in an affordability complaint to the original lender, not MMF, now as this may resolve the debt without court. See https://debtcamel.co.uk/payday-loan-refunds/.

        If this wasn't your account at all, so you were sent someone else's details, I suggest a written complaint to both Moriarty and MMF saying they have breached the data protection rules and you want compensation of £100 otherwise you will be taking your complaint to the ICO. This won't solve the court case but it could get a bit of cash to pay it off!

        And if you had any previous loans from Wageday advance or any other lender look at affordability complaints about those immediately - even if you repaid them in full on time - as any cash refunds would come in handy! Court cases can take many months to go through so you may well be able to get some money back to pay off a CCJ within 30 days of it being issued, in which case it will disappear from your credit record.

        Comment


        • #5
          Re: Court Claim - MMF/Moriarty/Wageday

          Yes that's correct, Wageday Advance original lenders, Motormile the DC and Moriarty the solicitors.


          The other agreements do have my name on them so I'll get started on an affordability complaint straight away. Is it too late to make an affordability complaint to Wageday?

          Comment


          • #6
            Re: Court Claim - MMF/Moriarty/Wageday

            Definitely, complain to Wageday if you had any previous loans with them. If you just had the one, you can try, not sure how it will go.

            Comment

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            SHORTCUTS


            First Steps
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            Income/Expenditure
            Acknowledge Claim
            CCA Request
            CPR 31.14 Request
            Subject Access Request Letter
            Example Defence
            Set Aside Application
            Directions Questionnaire



            If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





            NOTE: If you receive a court claim note these dates in your calendar ...
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            If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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