MMF & Moriarty Law claim

[Danny0127]

So I’ve actually received a court claim form today, short story is MMF have been chasing a debt from a PDL that I used to use about 5 years ago. Had letters like this before so just ignored them. About 6 months ago I started getting letters from Moriarty Law chasing the debt, after receiving a pre action letter I sent the standard “prove it” letter requesting original credit agreement, default notice, deed of assignment and statement of account.

They replied and sent me copies of all the requested items within a couple of weeks, I noticed that the statement of account only contained the supposed closing balance of the debt of £610 while the credit agreement was for £350. I sent another letter stating they had not supplied all requested information to which they responded that they had and if no agreement is made within 14 days they will continue with chasing the debt.

After a month, I received a letter stating their intent to commence legal proceedings. I misplaced this and stupidly didn’t reply. Then today I receive a court claim form from Northampton county court. I’ve already been online and replied with an Acknowledgement of Service to give me 28 days to file a defence.

It’s my understanding that any acceptance of the debt via the claim form will result in a CCJ which I want to avoid so I’m willing to pay the £350 on the CCA if they stop proceedings as others on the forum have filed a defence and they’ve still proceeded with the claim. Do I have any defence if I don’t have a statement showing how the £350 is now £610 before court costs.

[Danny0127]

I’ll start posting letters once I’ve redacted info.

[Danny0127]

Here’s the letters I have posted/received, I’ve also received a credit agreement with the other information but it’s too big to upload, it’s a flexible credit agreement with a limit of £350, I’ll try and resize and upload.

[Danny0127]

And the final letter giving notice of court proceedings. After I sent my second letter, attachment 6.pdf, I did receive another letter which I cannot find from Moriarty Law saying they have complied with my request and they will not send anymore information.

[Danny0127]

Should I just offer to pay something just so they stop proceedings?

[Amethyst]

Morning Just having a read back through your posts - apologies for missing you yesterday xxx

[Amethyst]

Letter 4 says the 'principal' was £400.05 ( Principal should be the amount you borrowed originally ) You believe it was a £350 loan.

They're claiming ( inc costs ) over £750 and the 'debt' part is £600 ish.

Can you upload the claim form and the agreement pls. ( or email admin@legalbeagles.info if they're too big to put on here - if you're using phone camera doing a screenshot of the photo usually makes is small enough to upload successfully ) At least can you type out the particulars of claim on the claim form pls.

standard “prove it” letter requesting original credit agreement, default notice, deed of assignment and statement of account.

Is this 'prove it letter' letter (1) dated July 2018 ? If so, did you send a £1 with it ?


CashEuroCredit t/as Quickquid - but also says it was a Quickquid flexcredit loan.

No default or termination notice. No breakdown of account and/or transactions.

There is a notice of assignment from Quickquid to MMF

Any affordability complaints in the pipeline with the original lender / FOS ?

[Danny0127]

Thanks for replying, I've emailed the agreement across to you now. The original letter requesting information (dated 4/7/18) to the best of my knowledge did not contain the £1 fee.

The credit agreement was for a flex credit type of loan with a limit of £350.

I have in the past received "Notice of Default Sums" emails & emails notifying me that payments were 60 days overdue from QuickQuid but I'm pretty sure I didn't receive any other correspondence from them, this may have been sent to the address on the agreement which I moved out from not long after.

I did submit an affordability complaint about 3 years ago which was rejected by QuickQuid. I did not pursue this one with the FOS as I had been refunded by Wonga for a similar complaint and just figured you win some you lose some.

I have not yet redacted my info on the claim but the particulars are:
The defendant owes the claimant £610.91 under a regulated loan agreement with CashEuroNet LLC T/A Quick Quid dated 19/08/2013 and which was assigned to the claimant on the 20/12/2017 (Debt)despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £610.91 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 £48.87.

[Amethyst]

Thanks for sending the credit agreement over - goodness me these loans continue to shock me with the utter extortionate rates charged. Over 10 months repaying £880 odd on a £350 loan, assuming you made no further drawdowns and no late payments... bonkers. Thankfully there are caps now and payday loans can't charge over 100% than the amount borrowed... but sadly being overpriced isn't a defence.

Anyway, the loan was for £350. Do you recall anything, whether you maybe took a further drawdown after you'd paid some off ( like an extra £50.05 to bring it to the £450.05 they claim the loan was for ). There must have been some payments for the amount being claimed now to be around the £600 mark.

The agreement will be enforceable, it contains all the terms required and obviously it's more recent than 2007 ( 2013) and isn't statute barred at all even if no payments had been made after taking it out.

So Defence wise, how is the sum claimed calculated ?

The 'principal' amount is wrong in letters ( put claimant to strict proof ) - the loan ref doesn't match the agreement either does it as it was allocated a new number - so was there another loan added together etc?

It appears to be a running credit flexible credit facility rather than a fixed sum loan

no default or notice of termination

I think a SAR to CashEuronet would be a good idea for finding out how the sums were calculated.

Send a new CCA request with a £1 as well to Lantern/MMF. It has and will be complied with but best to have it in place with the £1 even if just to buy you more time to consider negotiating a settlement after the defence is submitted.

I don't think there' s much point in a CPR 31.14 request personally as you already have the documents mentioned in the claim and you asked for the Default Notice already in your 'prove it' letter.

CCA RequestCPR 31.14 RequestSubject Access Request Letter

[Danny0127]

Thanks for the advice Amethyst, I think they might have me with this one. you reminded me about the affordability complaint and when I did some digging, I've found emails in an old email folder from QuickQuid with a full breakdown of how the figure of £610 was arrived at. I guess my best bet is to speak to MMF and work something out, is it possible to do this and have them withdraw their claim? I have to avoid a CCJ at all costs.

[Danny0127]

And also an emailed Notice of Termination.

[Amethyst]

You can, unless you negotiate a figure and pay in full and final settlement in one lump sum, you'll need to ask them to put the claim on hold in the court system ( usually this is done via a consent order lodged with the court - some companies will charge a £100 fee for doing this ) so that it doesn't turn into a default judgment or be taken an admission & offer to pay. Then if you fail with payments they can pick the claim back up again, and once the agreed amount is paid in full they then discontinue the claim.

Additionally ensure any conversations you have with them about settlement are on a without prejudice basis in case you can't come to an agreement so you still have the option to carry on with the defence.

[Danny0127]

I'll upload the letter before I send.

[Danny0127]

You can, unless you negotiate a figure and pay in full and final settlement in one lump sum, you'll need to ask them to put the claim on hold in the court system ( usually this is done via a consent order lodged with the court - some companies will charge a £100 fee for doing this ) so that it doesn't turn into a default judgment or be taken an admission & offer to pay. Then if you fail with payments they can pick the claim back up again, and once the agreed amount is paid in full they then discontinue the claim.

Additionally ensure any conversations you have with them about settlement are on a without prejudice basis in case you can't come to an agreement so you still have the option to carry on with the defence.

Thanks Amethyst.
So steps are:

1. Write letter (without prejudice) offering an amount for full and final settlement to be paid in instalments. (is there a template anywhere? I have one from another site, pretty basic but i can still use it if there isn't a better one on here.)

2. In the settlement letter, ask for claim to be put on hold, (will MCOL show this as I don't want to think it's on hold then get judgment in default).

3. Pay instalments and ask for written letter once F&F amount is paid off confirming that debt is cleared and no further action will be taken.

Again, I really appreciate all the advice, I don't want to shoot myself in the foot and try and settle but still end up with a judgement. I've now attached the letter I have offering to settle, do you think this is sufficient?

[Danny0127]

Just realised I sent an email in a panic as soon as I received the claim letter from Moriarty Law asking them to contact me regarding a settlement, can they use this as an admission to force a judgement