** won ** Moriarty Law v MasterCoder (QuickQuid)

[GBExile]

AMETHYST

My name is on those forms & I also know for a fact that these companies read this website. I think you forget that sometimes.

I am pretty sure no one ever has written that to them before.

[Amethyst]

Your name is on what forms?

[MasterCoder]

Amethyst - this is my amended my defence. Could you give it a once over? I'd like to submit it today.


1. The Defendant received the claim xxxxxxxx from the Northampton County Court Business Centre on 30th September 2018

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 dated 24/01/2013 between CashEuronet LLC t/as QuickQuid ("QuickQuid") and the Defendant regulated under the Consumer Credit Act 1974.

4: It is admitted that the Defendant entered into an agreement with QuickQuid on 24/01/2013 for a Fixed Sum Loan of £250 however it is denied that any terms of the agreement were breached and it is denied that there is any sum outstanding under the agreement. The Claimant is put to strict proof thereof.

5. In June 2018, the Defendant received a formal "letter before claim" from Moriarty Law (representing the Claimant). The Defendant responded within 30 days disputing the claim and requesting further documentation, specifically the agreement, default notice and notice of assignment.

6. At the same time as responding to the "letter before claim", the defendant informed Moriarty Law that an affordability complaint had been made in respect of loans made to the defendant by the claimant.

7. Further, following receipt of the claim in this case the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case pursuant to 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.

8. Further, in June 2018 the Defendant sent a formal request for a copy of the original agreement pursuant to s.77 of the Consumer Credit Act 1974 ( Duty to give information to debtor under fixed-sum credit agreement ) to the Claimant. Failure to comply full with the request creates a situation whereby the agreement is unenforceable pursuant to s.77(4).

9. The Claimant has provided a number of documents in response to those requests; a copy of an agreement dated 24/01/2013; a copy of a notice of assignment; and a statement of account. No default or termination notice has been provided.

10. The Agreement provided by the Claimant is dated 24/01/2013 and details a fixed sum loan of £250 repayable over 3 installments with a total sum payable of £437.50.

11: The Statement of Account provided by the Claimant is dated 23/07/2018 and states the date of agreement as 24/01/2013 however details the Principal Loan advanced as £300, which would appear to be incorrect.

12: A further Statement of Account provided by the Claimant is dated 06/03/2018, however the Defendant has not previously received such a statement. The Statement of Account states that the Principal Loan Advanced is £300.

13. The Statement further states that on 24/01/2013 the 'Principal' advance was £250 and then a further 'Principal' of £50 was advanced dated 27/02/2013.

14. The copy of the agreement provided dated 24/01/2013 allows for a one month extension for repayment of the fixed sum loan, however does not contain any term relating to a further advance or any option to "rollover".

15. It is the Defendant's contention that the agreement concluded after one month with the full amount due having been settled in full.

16. It is the Defendant's contention that were a further advance of £50 obtained this would have been as part of a new agreement dated 24/02/2013 which served to settle the agreement dated 24/01/2013. The Defendant denies entering into any such agreement and the Claimant is put to strict proof thereof.

17. The Claimant is required to provide full details to demonstrate how the sum of £387 claimed has been arrived at and whether it is legally owed under the agreement dated 24/01/2013, which is denied.

18.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.

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

20. The Claimant has not provide any copy of a Default Notice or Notice of Termination to the Defendant.

21. On the 2^nd November 2016 Motormile Finance UK Ltd were ordered by the Financial Conduct Authority redress its customers £154k in cash payments & ordered to write off £414million where the firm has been unable to evidence the outstanding balance is correct & properly due. The firm had inadequate systems & controls over due diligence. In particular, it failed to conduct sufficient due diligence upon the purchase of a debt portfolio to be satisfied that the sums due under loan agreements were correct. This in turn led to unfair and unsuitable customer contact for recovery of those sums."

22. 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.

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

[Amethyst]

Just take the end " from para 21 or add a start " before The , and put in italics so it's clear which bit is a direct quote - and yes should be fine xxx

[MasterCoder]

The online portal is not taking this defence. Tells me there are too many errors. Been pasting it in section at a time but I'm not able to get section 21 inserted...gahh

And the phone number the give isn't in service. Just great

[GBExile]

Your name is on what forms?

deleted

[MasterCoder]

OK so I managed to get that defence submitted. I will keep you posted as to my progress

Thanks again for all of your help.

[MasterCoder]

Hello All,

I Received a letter from ML this morning stating that they have received a copy of the defence and are proceeding with the claim.

It seems like they're hoping to scare me into paying them, a usual tactic from this lot from reading some of the posts on here.

[GBExile]

Fantastic!!!

How is the claim with FOS going?

[MasterCoder]

I haven't had anything back yet, I'll chase that up today.

Been checking the MCOL portal to see if there's been an update but nothing on there so far. Do they actually update that when they receive the intention to proceed from the claimant or am I now just waiting to get a DQ?

I'm still not sure on what grounds they'll attempt to proceed.

[Amethyst]

Should be the DQ from the court next. Not normally too long after the claimant informs the court they wish to proceed so within a couple weeks - if you hear nothing give court a call and see what's occurring. MCOL won't update further afaik.

[MasterCoder]

Received the DQ from the court. Looks like ML are going to take this to the wire. I assume I'm just going to agree to mediation, pick my local court?

[Amethyst]

Pretty much yes xxx

[GBExile]

Received the DQ from the court. Looks like ML are going to take this to the wire. I assume I'm just going to agree to mediation, pick my local court?

Carry on as normal.

To the wire is after they pay the hearing fee. That is a few weeks off yet.

[MasterCoder]

Thanks all. Will be posting it today recorded, we all know what Christmas post is like....