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

[GBExile]

delete

[Amethyst]

Agreement is https://legalbeagles.info/forums/fil...tch?id=1430687

2018-10-26 12_29_17-Action Centre.png
2018-10-26 12_28_37-Action Centre.png

[GBExile]

delete

[Amethyst]

Did they change to the flexi thing March/April then ?

[MasterCoder]

Hi

Thanks again for your help, wife is home again so I can concentrate on this a little more.

Amethyst, should I just add that defence now on the money claim portal or wait until deadline day?

GBExile, out of interest, what was the get out you had? I have another loan that I'm not being chased for (yet) through the same OC so wondering if your solution would be applicable on that one.

Thanks again everyone.

[GBExile]

Did they change to the flexi thing March/April then ?

delete

[GBExile]

what was the get out you had?

delete

[Amethyst]

GB - was that Moriarty Law too ? ( they don't seem to much like filing witness statements or paying hearing fees)

[GBExile]

GB - was that Moriarty Law too ? ( they don't seem to much like filing witness statements or paying hearing fees)

delete

[Amethyst]

Better to redact and post on here GB. Xxx

[GBExile]

delete

[GBExile]

Better to redact and post on here GB. Xxx

Ok.

"14. ***************** Ltd are regulated by The Financial Conduct Authority Consumer & Consumer Credit sourcebook which states the following:
"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3"

IE: Dont continue to take people to court if they have a legitimate dispute or may have reasonable grounds for dispute.

So OP could make Moriarty & MMF (Lantern) halt the court process whilst the complaint with original lender & the FOS concludes.

You can apply that to anyone who is regulated by the FCA.

[GBExile]

Another one for you.

"9. 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.”"

IE taking people to court without full proof/evidence of a debt is again another violation of the FCAs orders..IE Lantern & Moriarty need to produce all the documents requested or they lose.

[MasterCoder]

Thank You for that GBExile - I have raised an affordability complaint with CashEuroNet for loans I had with them. (and didn't realise they were the same company), arguing that they would surely have been able to see I was struggling but still continued to give me loans. They have, of course, rejected the complaints and my only recourse now is the Financial Ombudsman.

So, if I raise the complaint with them, I could amend my defence with something similar to what you've added? I did tell Moriarty Law when I sent the LBC that I had disputed the loan with QQ on affordability grounds but they've never mentioned or acknowledged that fact.

Again, I appreciate your input and help and of course, the assistance offered by Amethyst so far.

I was going to submit the defence today but should have time to amend if needed.

[Amethyst]

If you have put a complaint in against CashEuronet

I did tell Moriarty Law when I sent the LBC that I had disputed the loan with QQ on affordability grounds

you can say that in the defence.

Aadditionally you can add the part about MMF... which is from this https://www.fca.org.uk/news/press-re...edress-package

In particular, it failed to conduct sufficient due diligence upon the purchase of a debt portfolio to be satisfied that the sums due under customer loan agreements were correct. This in turn led to unfair and unsuitable customer contact for recovery of those sums.

Probably put that around para 19 leading on to this part ...

20. 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.

GBExile - it's not really helpful to delete a bunch of your posts as it loses the context somewhat of later posts.