DreamX vs Motormile

[DreamX]

Hi there guys,

I've recently received a court claim from motormile finance relating to a quickquid debt from back in 2013. The court issue date was 18/05/2018 so my defence is due shortly.

I have done the usual legwork in terms of the cpr cca requests and today I have received a large letter in the post. It is from a company called LANTERN and they are claiming to be formerly motormile finance (it doesn't state this on the letter so I had to google them) They appear to have sent me a copy of the credit agreement but no statement of account...also they say the balance is £886 but the court claim is only for £571. They have also included a statement of account from a lending stream debt which they don't mention in the court claim?

Where do I go from here in terms of a defence?

Kind Regards

[R0b]

Hello

You've certainly left things a bit late in terms of your defence.

I think you need to post up a copy of particulars of claim without your personal info so we can understand what the claim is all about. You also say that they've sent you a 'large envelope' but then its a copy of the credit agreement. What else was contained in the envelope or was that it?

I've tagged Amethyst to assist further

[Amethyst]

Hiya xxx

YEs please do post a copy of the particulars of claim, and if you can redact and post up the documents you have received will give you a hand Have a mooch at Kinky John's thread too which has just been discontinued.... they have a little trouble getting their ducks in a basket / eggs in a row it appears.

But you do need to get your defence in before well, 4pm today.... ughhh if you write it tonight and submit first thing tmw you should be fine.... Wednesday, 20 June 2018

Did you have a loan with Lending Stream at any point as well as the Quickquid one ?

Have you done any affordability complaints ?

.also they say the balance is £886 but the court claim is only for £571.

seen that in a few claims - I think at one point they were forced to refund a pile of interest - once you get full transaction lists it should show as a refund.

[DreamX]

Hi again guys Amethyst rob

They sent around 30 sheets of paper in the envelope (from motormile/lantern) which was a copy of the quickquid agreement and spools general terms and conditions which I had electronically signed for the amount of £562.50 . Also included was a copy of a lending stream agreement also electronically signed by me for the amount £235.75.

I have included a copy of the particulars of the claim which is for the amount of £571.66 so I am baffled as to where they are getting that amount from? I have also included a few of the important bits from agreements. If you need anything else i'll be here all night so I can send it over straight away.

Kind regards

[Amethyst]

Interesting that they have brought the claim in the Motormile Finance name, despite Motormile having changed its name to Lantern in March 2018 .... Lantern changed its name to Motormile in March 2018 - I believe there will be some assignment issues there they will have to contend with.

Okay, the Claim is actually for £450.62 - the rest is interest and court fees.

Goodness only knows where the 886.66 comes from. Likely the Quickquid and Lending Stream loans stuck together. Just shows they have no idea what they are doing.

Did they send you any transaction lists / statements at all ? Do you recall if you paid anything at all after taking out the loan ?

You sent a CCA request so that's good, did you send a CPR request too asking for default notice and notice of assignment ? and did you get those or is the rest of it all t&c's from the QuickQuid agreement ?

[Amethyst]

Oh can you post up the 'signature' page part of the agreement pls.

[Amethyst]

VERY ROUGH STARTING POINT FOR DEFENCE TO ADD / AMEND AS MORE DETAIL IS KNOWN ...............


1.The Defendant received the claim [Claim Number] from the Northampton County Court Business Centre on [Date you received the claim]

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 high cost short term credit loan agreement regulated under the Consumer Credit Act 1974.

4: It is admitted that the Defendant has had credit from QuickQuid in the past however he does not recognise the amount being claimed and has not been provided with enough information for him to check his records.

5.The Claimants statement of case states that the account was assigned from CashEuronet LLC t/as QuickQuid to the Claimant on 30th November 2016. The Defendant does not recall receiving notice of this assignment.

6. The Claimant is MotorMile Finance UK Ltd and the claim was issued on [date of issue of claim]. However Motormile Finance UK Ltd changed their name to Lantern Debt Recovery Services Ltd on 8th March 2018 ( Company Number 06637307 ). A company called Lantern Debt Recovery Services Ltd changed their name to Motormile Finance UK Ltd on the same date ( Company Number 11098802). Therefore the Defendant is uncertain who the claimant is in this case, and has concerns over the proper and legal assignment of the debt to the Claimant. The Defendant has received responses to a request for information with regards this claim from Lantern Debt Recovery Ltd.

7.It is denied that CashEuroNet LLC t/as QuickQuid 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.

8. No notice of termination was received by the Defendant.

9. On the [Date] the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to the Claimants Solcitor ( Moriarty Law). He requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10.Mortiarty Law have not sent any of these documents to the Defendant.

11. On the [Date] the Defendant sent a formal request for a copy of the original agreement to the Claimant pursuant to section 77 and 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with s 78 (1) / S 77 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) / S 77 (4) Consumer Credit Act 1974 cannot enforce the agreement. The Creditor has not provided a signed statement of account, any terms as varied or documents referred to in the alleged credit agreement.

13. The alleged agreement supplied by the Claimant states a loan of £450 was given to the Defendant for a period of 31 days and the full amount repayable was £562.50 in a single payment.

14. The Defendant recalls making some payments to QuickQuid however he does not recognise the amount ( £450.62 ) being claimed by the Claimant. No breakdown of the amount claimed or statements provided showing how the sum claimed has been calculated and the Claimant is put to strict proof. The Claimant has also written to the Defendant regarding this claim and stated that the amount due is £886.66 which the Defendant finds very confusing and asks the court order the Claimant to specify exactly what they are claiming and how it has been calculated since the inception of the alleged agreement.

15.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.

16. The Defendant respectfully request the court orders the Claimants to provide the necessary documentation in order to fully plead the defence else the Claim should stand struck out and in the event that the relevant documents are received from the Claimants and the Defendant put in a position to amend his defence, he would ask that the Claimants bear the costs of the amendment.

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

[DreamX]

Hi again Amethyst

Thanks for you swift reply...no there is no transaction list or any statement showing if any payments were made at all and I have no recollection as I had that many going at the time. I may have the old emails which could shed some light. I haven't done any affordability complaints either as I have only just found out this was possible.

Yes I did think the £886.66 might have been the quickquid and lending stream loans added together but again this adds up to nowhere near that amount?! Yes, I also sent a CPR to Moriarty Law but at this moment in time I haven't had anything back.

I have attached the "signature pages from both agreements"

Kind Regards

[Amethyst]

This on the FCA site ( as Motormile is no longer authorised - http://fca-consumer-credit-interim.f...w?accId=628173 ) as Motormile, only as a trading name of Lantern....

7. In respect of all its regulated debt collection accounts (“the Accounts”):

• Motormile will write down all currently held regulated customer debts to 175% of the principal sum paid to the customer due under each loan agreement and no further sum will be collected from the customer. (“The Offer”) Where necessary, Motormile will also take all necessary steps to amend the credit files of customers affected by this write down.
• Prior to active collection attempts being made on any Account, Motormile will notify each Customer in writing of the write down on the Account and inform the customer of the resultant balance.

which may account for the balance changes

Lantern ( previously Motormile is authorised https://register.fca.org.uk/ShPo_Fir...000001SFPUjAAP )

[Amethyst]

It does appear the agreement would be enforceable. However there is no default or termination notice, the issue with the sums being claimed and the possible assignment issues.

If you could try have a look back through your emails - should have had emails when applying, and confirming any payments ... you want to make them evidence the amount they are claiming so casting doubt on the maths is likely to help. I'll amend the draft defence. ( okay done )

Also can you get back in your bank history to the dates of this loan at all to see what, if any, payments were made, and whether you did receive the £450.

Any recollection whether you 'rolled over' the loan into another ?

[Amethyst]

Have a read through Kinky Johns, and other MMF, threads anyway, get the defence in as best you can first thing in morning ( or tonight if you're happy with it once amended ) via MCOL so you don't risk a default judgment and then can look at things better - get a couple SARs sent off and be ready to go into mediation / negotiation if necessary further down the line xxxx Main thing is to get SOMETHING in to court asap x Seems they are likely to come for the Lending stream one next so if you do get to obtaining bank statements etc get them for the LEnding Stream loan dates too. THEN look at affordability complaints

If you don't get a CCJ on this then it should come off your credit file next year ( defaulted 2013 so should come off 2019 ) - does it show atm on the credit file?

[GBExile]

Dont forget to do an affordability complaint for quickquid & any other payday lender you have borrowed from.

[DreamX]

Thanks Amethyst I'm going wade through my emails now to see what I can dig up.

Just to clarify... How many days from your issue date do you get to file your defence?

[Amethyst]

33 ( assuming you acknowledged within 14 days ) so that was, well, today ...

[DreamX]

So Amethyst , I got my defense sorted... Thanks for all the help with that. I got a letter today from moriarty law stating they are looking in to my query and collection activities have been put on hold.

In the meantime can I now send an affordability complaint to quick quid? And any other payday lenders for that matter? Is there a template somewhere on how to go about it?

Thanks