won Moriarty Law v MasterCoder (QuickQuid)

**MasterCoder** · 22nd October 2018, 11:21:AM

Can anyone offer any help at all on this? I'm getting quite stressed about it!

**Amethyst** · 22nd October 2018, 11:33:AM

Hiya Mc - apologies we didn't get to your post over the weekend xx

You've acknowledged so that's good, and the claimants have pretty much ignored your request for info you sent following their pre-action letter ... we can add that in when you do your defence... but for now I'm afraid it's a case of asking, again, for the info CCA Request to the Claimant ( who is the claimant? )
CPR 31.14 Request ( to Moriarty Law )

No mention of default or termination so in the CPR request just ask for the agreement, notice of assignment and formal demand for payment.
Assignment and notice of assignment can be the same date so that's not an issue. The lack of default/termination will come up in the defence and they'll have to provide it later in disclosure anyway so don't worry too much for now.

"The defendant owes the claimant £xxx under a regulated loan agreement with Casheuronet LLC T/A Quick Quid dated **/**/**** and which was assined to the claimaint on **/**/**** and notice of which was given to the defendant on **/**/**** (DEBT). Despite the formal demand for payment of the debt the defendant has failed to pay and the claimant claims £*** and further claims interest thereon pursuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £xx.xx"

So anything show on your credit file for this at all?

Also if you sent a formal sar to QQ, and they are refusing to send you the info, you should give the ICO a ring and complaint about it.

**MasterCoder** · 22nd October 2018, 12:27:PM

Thanks Amethyst.

I sent a CCA request the DCA after getting the first letter from Moriarty Law. They sent me a copy of the 'agreement' printed out from an online application form. The agreement is incomplete in that it doesn't have the number for my house number on it, just the street but that's probably a stab in the dark.

When I got the original Letter Before Claim I sent the forms back asking for the Default Notice as part of the documentation I'd like to see. I heard nothing more (other than text messages asking me to call them) until the claim landed on my door.

With regards to the CPR 31.34 request, I understand I can only ask for documentation that they mention in their particulars of claim. I would very much like to see the Deed of Assignment and understand from reading various forums it's an integral part of the process. They don't mention that document but do mention the assignment to their client so was wondering if it was good to ask for it in this case?

I've had no default notice or notice from QQ the loan was transferred or assigned.

As for credit file, no there's nothing on the credit file.

I think I will proceed to the ICO about QQ though, they sent me an email telling me it was available in my online portal for 7 days but I have no access, (or account anymore), and requests for the info to be posted or emailed to me have gone unanswered.

**Amethyst** · 22nd October 2018, 13:13:PM

Who is the claimant?

**MasterCoder** · 22nd October 2018, 13:18:PM

Originally posted by Amethyst View Post

Who is the claimant?

Lantern (Formerly MMF) via Moriarty Law

**Amethyst** · 22nd October 2018, 13:26:PM

Cool ok. Thank you.

Yes add in for the Deed of Assignment - it's unlikely they'll send it but it may be useful later to have asked for it.

The CCA request you sent a while back, that was to MMF/Lantern rather than Moriarty wasn't it ? If so that's absolutely fine and stands.

They sent me a copy of the 'agreement' printed out from an online application form. The agreement is incomplete in that it doesn't have the number for my house number on it, just the street but that's probably a stab in the dark.

Sadly, yes bit of a stab in the dark. However is the agreement all in order ? Quickquid ones tend to be okay, but some had consolidated loans rolled up into them without it being clear and the actual amount of the loan was incorrect - if you can post the agreement up it might flag anything up.
With these recent loans you're best looking at the affordability, charges/interest etc so you want a full breakdown of the sum being claimed. They should have sent a statement of account with the agreement anyway, but this doesn't usually have much of a breakdown so the SAR should show that up ( once you get it sorted ). Otherwise we'll ask in the defence for it.
You've taken out all the dates... so was the loan taken out and defaulted in 2012 ?
Do you recall the circumstances of the loan and were there any disputes over it at the time?

**MasterCoder** · 22nd October 2018, 14:09:PM

Thanks, I will post the agreement up later today when I am able to scan it at home.

To be honest, I'm not sure when it defaulted. The last payment was March 2013 and since I never received a default notice I don't know what date it's considered 'defaulted'. I just know that come March it will be SB'd since it would be 6 years since last payment.

I do think however this is an agreement for a loan that was added/rolled over if that makes sense.

I will double check everything once I get back.

Thanks again for your help.

MC

**MasterCoder** · 24th October 2018, 10:16:AM

OK i've managed to scan and redact any information from the Credit Agreement that was sent to me.

I don't really think there's anything wrong with this, (at least as far as I can tell), but if someone else can spot something that would be helpful

Main issues to recap:

1. No default notice received.
2. No notice from the OC that the debt had been sold/assigned.
3. Claimants solicitors didn't respond with documentation requested when I responded to their Letter Before Claim (they just sent another copy of the CCA)

I need to get my defence filed quickly, so any help is gratefully appreciated, The claim is dated 27th September and my acknowledgement extends it but it needs to be in quick. I have drafted a rough defence based on other similar statements on LB. Feedback would be useful.

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 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 20th December 2017. The Defendant does not recall receiving notice of this assignment.

6. In June 2018, I received a letter before claim from Moriarty Law. I requested further documentation, specifically the default notice and notice of assignment.

7. In response Moriarty Law said they were refer back to the claimant for this information.

8. On the 21st July 2018, I received a supposed Copy of the Credit Agreement but no sign of the default notice or notice of assignment.

9. To this date, I am still awaiting copies of the default notice and notice of Assignment requested upon receipt of their Letter Before Claim.

6.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.

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

8. On the 24th October 2018 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.

9. The defendant is still awaiting this documentation from Mortiarty Law.

10. The alleged agreement supplied by the Claimant states a loan of £250 was given to the Defendant for a period of 84 days and the full amount repayable was £437.50

11. The Defendant recalls making some payments to QuickQuid however he does not recognise the amount ( £387.00) 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.

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. 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.

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

Thanks again

MC

Attached Files

QuckQuidCca_Redacted1a.pdf (4.51 MB, 1 view)

**Amethyst** · 24th October 2018, 21:36:PM

Absolutely fine.

Does it seem likely that you made the first two £62.50 payments and didn't make the third one ? That would be around about the right amount. However there would be late payment etc charges added so likely something more went on so you are quite right to be insisting the evidence the amount owed.

The agreement does look ok. So it's termination/default notice and assignment, as well as evidencing the amount being claimed.

**MasterCoder** · 25th October 2018, 09:47:AM

Thanks Amethyst - The letter to Moriarty Law has gone special delivery but I'm wondering if I should follow it up with an email as well, a direct copy, so that they might have less of an excuse to say I was late sending the letter? They can respond via email almost instantly.

With regards to the payments, I'm pretty sure I made more payments having rolled the loan over. In which case, if I'm not mistaken, there should have been another agreement to cover the roll over.

I will keep this deference saved and submit it by deadline day, unless you think I should submit it now?

**Amethyst** · 25th October 2018, 10:42:AM

Have you anything showing in your bank account as to when the last payment you made to quickquid was ? If you can and can see Jan to Dec 2013 transactions / payments made to quickquid it might help expand the defence.

**MasterCoder** · 25th October 2018, 11:06:AM

Amethyst unfortunately it didn't last that long.There is one payment for £62.50 and a credit for £50 - which means I asked for more money a month after applying. There are then two more payments of £75.00 until I fell into trouble repaying.

However, if I asked for more money, that would mean I would have needed another credit agreement no? Since the agreement itself is termed as a 'fixed sum loan agreement' and not an open credit facility. The addition of another £50 also changed the loan repayment dates - none of which match up with what is in the CCA I have.

I don't know if anyone has ever had this issue, (or even realised it), with QQ in the past.

**Amethyst** · 25th October 2018, 11:12:AM

Well that's brilliant as yes indeed there would have been a new agreement and that agreement they have provided isn't the agreement for the claim.

Let me have a fiddle with your defence then

**MasterCoder** · 25th October 2018, 11:15:AM

Fantastic!!!

won Moriarty Law v MasterCoder (QuickQuid)