DISCONTINUED Mmile finance v kinky john

**Debt Camel** · 9th January 2018, 18:59:PM

Re: Mmile finance v kinky john

Did you receive a Letter Before Action/Claim from MMF which you ignored before this Claim?

Send the affordability complaint to the Financial Ombudsman, tell MMF you have done this and ask them to put the case on hold until the complaint is resolved.

If you had other payday loans at that time, put in affordability complaints to them too - with any luck you may be able to get enough money back to pay off this CCJ if you get one.

**GBExile** · 9th January 2018, 21:11:PM

Re: Mmile finance v kinky john

"Vivus assigned (sold) all of its loan accounts with outstanding balances:

on 9th May 2017 to Merligen Investments Limited, Rosemount House, Rosemount Avenue, West Byfleet, Surrey KT14 6LB, UNITED KINGDOM. Vivus Customer Contact: 0203 126 4544

or

on 30th June 2017 to Motormile Finance UK Limited, Protection House, 83 Bradford Road, Leeds, LS28 6AT. Vivus Customer Contact: 0113 887 6876 or customerservice@mmile.com"

The above is from Vivus website. I find it interesting that Motormile were not involved in the 1st round of debt purchasing.

**warwick65** · 9th January 2018, 21:33:PM

Re: Mmile finance v kinky john

This alleged debt was sold some years before Vivus ceased trading.

GB exile, why do you find it interesting?
My guess is that current or performing debts were sold first then the non performing to MMF who, let's face it have had there own troubles.

**kinky john** · 10th January 2018, 06:47:AM

Re: Mmile finance v kinky john

I most likely did receive a LBA. I have sent the affordibility complaint to the court who have noted it but state:

Thank you for the info rmation which has been noted and a copy filed.

The court do not progress a case to judgment of our own volition but we would allow a request from the claimant to go through. If you are at all worried that this might happen you may wish to submit a preliminary defence confirming why you are disputing and that the claimants side are looking into this.

so i have lodged my defence?

**GBExile** · 10th January 2018, 08:38:AM

Re: Mmile finance v kinky john

Post a copy of your defence on here ASAP. Without obvious signs of your identity. I suspect your defence may be lacking somewhat,

**GBExile** · 10th January 2018, 08:41:AM

Re: Mmile finance v kinky john

I find it interesting because it just confirms that MMF are scraping the bottom of the barrel. From recovering car finance, to getting warnings & fines from the FSA to repeating the exact same process of which they have already been warned for. Have a look at their history on Companies House.

**Amethyst** · 10th January 2018, 08:57:AM

Re: Mmile finance v kinky john

Your affordability complaint should go to the original lender, then to the FInancial Ombudsman and would be separate to the court claim defence. Did you enter a defence through the moneyclaim online service as well ? The note from the court sounds like you haven't actually filed a defence and they haven't taken your letter as a defence, so you should still be able to put a defence in if you haven't already.

i have acknowledged the claim, sent CCA and CPR
I have had no information sent back.
i have put in my defence.

Defence based on the standard Example Defence ? As GBExile has said, if you casn post a redacted copy on here that would be great and we can check if you need to do anything to rectify.

**kinky john** · 10th January 2018, 14:05:PM

Re: Mmile finance v kinky john

Here is my defence

1. I received the claim Xxxxx from the Northampton County Court
on xx December 2017

2. Each and every allegation in the Claimants statement of case is
denied unless specifically admitted in this Defence.

3. This claim appears to be for a Loan agreement regulated under
the Consumer Credit Act 1974.

4. It is denied that the Defendant has previously entered into an
agreement with the Claimant for provision of credit.

5. The Claimants statement of case fails to give adequate
information to enable me to properly assess my position with
regards the claim.

6. The Claimants statement of case states that the account was
assigned from V7 Limited to the Claimant on xx.xx.2014. The
Defendant does not recall receiving notice of this assignment.

7. It is denied that V7 Limited 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.

8. On the xx.12.2017 I 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. Moriarty Law has not sent any of
these documents to me.

9. On the xx.12.2017 I sent a formal request for a copy of the
original agreement to Motormile Finance Ltd pursuant to sections
77-79 of the Consumer Credit Act 1974 along with the statutory Ł1
fee.

10. The Claimant has failed to comply with [s77 (1) / s 78 (1)]
Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)]
Consumer Credit Act 1974 cannot enforce the agreement.

11. I have asked the Claimant if we may agree to extend the time
period allowed for filing of my defence pending receipt of
documents (as allowed under CPR 15.5), however they have failed to
reply.

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. I request the court orders the Claimants to provide the
necessary documentation in order for me to fully plead my case
else the Claim should stand struck out.

14. In the event that the relevant documents are received from the
Claimants I will then be in a position to amend my defence, and
would ask that the Claimants bear the costs of the amendment.

15. It is denied that the Claimant is entitled to the relief as
claimed or at all.

Thats what i filed, hopefully its ok :-|

**kinky john** · 10th January 2018, 16:14:PM

Re: Mmile finance v kinky john

Affordibiilty complaint went to the “alleged
“ original lender which was Vivus who instructed me that MMILE are now owners so I have sent it to them and they have responded saying it was affordable? I had numerous other payday loans which i am about 5 weeks into the complaints process. Mmile state they have a few of the debts which i have put affordable complaints in with original lenders. So its all going on juggling various complaints and also this court claim, :-\

**warwick65** · 10th January 2018, 16:57:PM

Re: Mmile finance v kinky john

Hi
With regard to the affordability complaint - well MMF would say that wouldn't they

As advised your next step is to escalate to the FOS

**kinky john** · 10th January 2018, 18:22:PM

Re: Mmile finance v kinky john

Originally posted by warwick65 View Post

Hi
With regard to the affordability complaint - well MMF would say that wouldn't they

As advised your next step is to escalate to the FOS

Would you escalate even though the court claim is still ongoing? Or would you leave it until court case is resolved?

also, does my defence look ok? I copied it from the templates and amended to suit.

cheers for the help

**warwick65** · 11th January 2018, 08:34:AM

Re: Mmile finance v kinky john

I would do it now. Court can be a long drawn out process and you have a time limit from final response to escalate

**kinky john** · 11th January 2018, 10:00:AM

Re: Mmile finance v kinky john

Originally posted by warwick65 View Post

I would do it now. Court can be a long drawn out process and you have a time limit from final response to escalate

So my defence is that they havent supplied me with loan agreement, if i put an affordibility complaint in to the FO does that not mean I acknowledge owing the debt? Will that effect my court defence?

**kinky john** · 26th January 2018, 07:36:AM

Had a letter from Moriarty Law saying they acknowledge my defence snd their client is proceeding with the claim? Still had no agreements etc sent to me?

I’m presuming this will get allocated to small court now?

DISCONTINUED Mmile finance v kinky john