MMF & Moriarty Law claim

[Amethyst]

Slow down a little - you aren't in any rush here, you only received the claim on the 11th.

I’ve already been online and replied with an Acknowledgement of Service to give me 28 days to file a defence.

So you have until what, 10th January ? ( it's 33 days from the date of issue of the claim )

Don't send that letter ( why ask them to come up with a settlement figure? they'll just say ' full amount please' as they are in the driving seat right now )

What email did you send them? ( can you paste the text - just to make sure they can't use it as an admission )

, I've found emails in an old email folder from QuickQuid with a full breakdown of how the figure of £610 was arrived at.

That's from Quickquid - not from MMF. Remember that MMF are the Claimant here so it is they who have to provide the evidence and details of the claim.

Anyway, out of interest, how did they come to £610 ? Presumably payments, drawdowns and then charges mixed in ? Any sign of what the £400.05 is? ( ref letter #4 )

[Danny0127]

Th email was:

Hi,

I have received a county court claim from yourselves for a debt. Who can I speak to regarding a possible payment plan and suspension of the claim?

Regards

Ill hold off sending anything further, I just don’t like stuff like this hanging over me. Shall I still send a request to MMF for the credit agreement with the £1, as they’ve already provided the documents previously from the particulars of claim I won’t send a CPR request to Moriarty Law.

[Danny0127]

The balance was due to an additional draw down to make £400.50 after I made a payment and then subsequent interest and late payment fees on the £400.50

[Danny0127]

Any ideas on how to proceed?

[Danny0127]

Quick update, I've received the following in response to my panic email, I want to come to some kind of agreement but I don't want to pay the full claimed amount as they've provided me with no statement:

Dear Mr ***********,

Thank you for your email and for completing the security questions.

As a Claim has now been issued, there are two options available to proceed.

The first option would be to complete and return the County Court Claim Pack, notifying your admission or defence, and returning it to the relevant address on the County Court Claim Pack. If you wish to file an admission to the outstanding balance, we would require you to complete the income and expenditure sections in detail, noting how much you would wish to repay on a monthly basis, in accordance with your financial situation. Please note that by admitting to the outstanding balance, Judgment by Admission would be entered at the additional cost of £40.00.

The second option is an out-of-court ‘concessionary arrangement,’ by which you agree to repay the full outstanding balance within 6 months of Claim being issued. As your claim was issued on the 06/12/2018, this would therefore require 6 instalments of £***.** per month, with the first instalment to reach us by 30/12/2018 and the 30th day of each month thereafter.

The concessionary arrangement is an out-of-court arrangement and therefore would not require you complete and return the County Court Claim Pack. You are therefore able to avoid Judgment providing the agreed arrangement is adhered to. Please be aware however that if you default on any of the due payments whilst in an out-of-court arrangement, Judgment by Default could be immediately entered without further notice being given.

Please be assured that we have placed your case on hold for the following 14 days to provide you time to review the options available to you. We would therefore politely request that the County Court Claim Pack is returned, or the out-of-court arrangements confirmed, by no later than 02/01/2019.

Please note if a County Court Judgment is issued it will remain on your credit file for 6 years unless it is paid in full within a calendar month from the date of issue

You have the option of obtaining assistance from the following not-for-profit organisations that offer free, confidential and impartial advice should you require it: (i) National Debtline and (ii) Stepchange. Alternatively, you may wish to seek your own independent legal advice from a solicitor or Citizens Advice Bureau.

Kindest Regards

[Amethyst]

The second option is an out-of-court ‘concessionary arrangement,’ by which you agree to repay the full outstanding balance within 6 months of Claim being issued. As your claim was issued on the 06/12/2018, this would therefore require 6 instalments of £***.** per month, with the first instalment to reach us by 30/12/2018 and the 30th day of each month thereafter.

Well that sounds like what you were after, IF it is affordable.

[Danny0127]

I'll write back with a counter offer. They can't go and request a judgement if I keep up an agreement can they, just want to make sure they can't pull a fast one.

[Amethyst]

You could ask for it to be agreed under a 'Tomlin Order' - so the case stays on hold in the court system unless you default on the agreed payments - some firms do charge the lodging fee of £100 to do this though. There's some examples here https://legalbeagles.info/forums/for...-credit-claims

[Danny0127]

I've had no response from MMF and so will need to file a defence ASAP, I'll upload what I have so far, any advice would be appreciated.

[Danny0127]

In the Northampton County Court Business Centre

Claim No: ********

Lantern DRS Limited (Formerly MMF)

Claimant

And

*****************

Defendant

DEFENCE

1.The Defendant received the claim ********** from the Northampton County Court on 11/12/18



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 loan agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with CashEuroNet LLC t/a Quick Quid for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim states the agreement was entered into on 19/08/2013



7.The Claimants statement of case states that the account was assigned from CashEuroNet LLC t/a Quick Quid to Lantern DRS on 20/12/2017. The Defendant does not recall receiving notice of this assignment.

8.It is denied that CashEuroNet LLC t/a Quick Quid 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.

9.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.

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

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated ________________________________

[Danny0127]

The formatting is a bit off here but thats a general outline of what I have so far. MMF have provided a digitally signed CCA and a Notice of Assignment before the case was issued but no default notice or statement showing how original amount on CCA has increased to the amount claimed, neither of these were in the particulars of claim so I haven't re-requested them.

Is there anything else I should include or just go with this?

[Amethyst]

Okay, just add a couple bits to draw some doubt and cause the Claimant some work which might make them look again at accepting your offer rather than farting about getting full transaction lists.... so boldy bits below.



In the Northampton County Court Business Centre

Claim No: ********

Lantern DRS Limited (Formerly MMF)

Claimant

And

*****************

Defendant

DEFENCE

1.The Defendant received the claim ********** from the Northampton County Court on 11/12/18

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 loan agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with CashEuroNet LLC t/a Quick Quid for provision of credit.

5. The Claimant’s Statement of Case states the agreement was entered into on 19/08/2013. The Claimant's Statement of Case does not state how the sum claimed has been calculated nor the original loan amount.

6. The Defendant has requested a breakdown of the sum claimed. The Claimant has failed to provide any statements or transaction lists however stated in a letter dated 24th July 2018 that the original loan amount was £400.05.

7. On xxxxxxxxxxx The Defendant sent a request for more information to the Claimant.

8. The Claimant partially complied with the request on xxxxxxxxxxx providing a copy of an agreement entered into on 19th August 2013 for a loan amount of £350 with a total sum repayable of £835.35 over a term of 10 months with an APR of 1243.83%.

9. The Defendant's own records show that repayments totalling £xxxx were made between 19th August 2013 and xxxxxx.

9. The Claimant is put to strict proof how they have arrived at the sum of £610.91 has been calculated.

7.The Claimants statement of case states that the account was assigned from CashEuroNet LLC t/a Quick Quid to Lantern DRS on 20/12/2017. The Defendant does not recall receiving notice of this assignment.

8.It is denied that CashEuroNet LLC t/a Quick Quid 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.

9.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.

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

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated ________________________________

[Danny0127]

Thanks Amethyst

Moriarty Law replied to my offer to say they will pass it on to MMF, filed my defence while I wait and hopefully this will be concluded soon.

[Amethyst]

Fingers crossed for you xxx

[Danny0127]

As they didn’t respond in time, I filed my defence and received notice from Moriarty Law that MMF are continuing with the claim. If the court offers mediation, do I say I have all the docs even though I don’t have a statement saying how they arrived at the total claimed amount?