New Help With Court Claim From MoriartyLaw

[wizardn3]

Received a claim? Yes
Issue Date: 31/12/2019
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £800
Claimant’s Name: Merligen Investments Limited
Solicitors Firm: Moriarty Law
Original Creditor: Studio Retail Limited t/a Studio
Original Debt*(eg. Credit card/Loan/Overdraft)*: Catalog
Particulars of Claim:* (*Please type out in full excluding names/account numbers/exact amounts ): The Defendant Owes The Claimant £600 Under a Regulated Agreement with Studio Retail Limited t/a Studio dated 03/12/2016 and Which was assigned to the claimant on 19/07/2019 and notice which was given to the Defendant on the 19/07/2019 (Debt) Despite Formal Demand for Payment of the Debt The Defendant Has Failed to Pay and the Claimant claims £600 and Further claims interest thereon pursuant to Section 69 of the county Courtact 1984 limited to one year of the date hereof at the rate of 8.00% per annum accounting to £50.
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not Statute Barred
List any letters you have sent (eg: CCA/ CPR ): CCA and CPR
Any Other Information or Background Details: The payment was successfully coming out of my bank account. I thought it was paid off.

[jaguarsuk]

You should also send a Subject Access Request Letter to Studio Retail Limited, it's unlikely they'll respond before your defence deadline, but might provide useful information for the Witness Statement stage.

Your deadline is 4pm on Monday 3rd February 2020.

Until they respond or the you approach the deadline it's a waiting game.

[wizardn3]

Thank you for the advice I have sent that letter away as well.

[wizardn3]

I sent a SAR to Studio as suggested but got back a response I am somewhat confused about. As you can see from the letter I have attached they are looking for proof of residency. Is it required to provide proof of residency for a SAR?

[wizardn3]

I have yet to receive any responses from the claimant or the solicitors.

[MIKE770]

Send copy council tax

[Amethyst]

I think they have worded it terribly - it's proof of address, not proof of residency. For Data Protection they will need to confirm that you are who you say you are and live at the address you are asking the SAR documents to be sent to. As Mike says I think a copy of a utility bill or council tax in your name is the best way to evidence your address. Have you moved since you had the account with them?


You still have a couple of weeks to file your defence ? I would expect too much of a reply from Merligen or Moriarty before you have to file your defence so I'd prepare it on the standard non compliance with CCA etc as per the example and then IF you get anything useful back you can make the amendments before filing.Example Defence

You were paying by Direct Debit or Standing Order before the payments stopped ?
Hopefully the Studio SAR will provide a transaction list and show where this debt might have arisen.

[wizardn3]

I think they have worded it terribly - it's proof of address, not proof of residency. For Data Protection they will need to confirm that you are who you say you are and live at the address you are asking the SAR documents to be sent to. As Mike says I think a copy of a utility bill or council tax in your name is the best way to evidence your address. Have you moved since you had the account with them?


You still have a couple of weeks to file your defence ? I would expect too much of a reply from Merligen or Moriarty before you have to file your defence so I'd prepare it on the standard non compliance with CCA etc as per the example and then IF you get anything useful back you can make the amendments before filing.Example Defence

You were paying by Direct Debit or Standing Order before the payments stopped ?
Hopefully the Studio SAR will provide a transaction list and show where this debt might have arisen.

My apologies I did not see your response until today. That makes more sense now on the proof of address. I have until the 3rd of Feb to file my defence.*

Studio did not not allow a direct debit or standing order to be set up. I was going on to their website to pay directly putting in my card details every month. I though I was paid up and had stop using the catalogue.**

[wizardn3]

Response from claimant: "Dear Mr ****, We write in response to your letter dated 12th January 2020. We have referred your request for validation of debt to Studio Retail Limited. Whilst we await their response your file will remain on hold. In line of GDPR we no longer require a fee for this request and as such we have enclosed your postal payment of £l .00. Please note, we will write to you again upon receipt of a response from Studio Retail Limited in due course. We thank you for your patience."

Response from solicitors: "Dear Mr **** Re: Merliqen Investments Limited We write in response to your letter dated 13/01/2020, the contents of which have been duly noted. We can confirm that we have referred your request for documentation to our client and we will contact you again once we receive their response in due course. In the meantime, please be assured that your account will remain on hold and collection activity has been suspended. Please note that Moriarty Law has not received a payment of £l .00 from you and our client does not require a £l .00 fee in order to provide you with the relevant documentation. Please do not hesitate to call our offices on 0203 126 4544 if you wish to discuss the options that are open to you with our litigation executives. Please note that 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. Yours faithfully"

[Amethyst]

Hmmmm

I don't like this not taking the £1 as it is a statutory requirement and nothing to do with GDPR. I mean they are free to return it but their wording "Please note that Moriarty Law has not received a payment of £l .00 from you and our client does not require a £l .00 fee in order to provide you with the relevant documentation" *is a little odd. I don't think a court would back them saying it wasn't a valid request tho so don't worry, it's just misleading. In your defence I think I'd mention that they sent it back.*


78Duty to give information to debtor under running-account credit agreement.

(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of*[F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the state of the account, and

(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

(c)the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.




*

[wizardn3]

My wife has been helping me with my defense with her previous experience with help on these forums.

DEFENSE
1. The Defendant received the claim [Claim Number: XXXXXXX] from the Northampton County Court on 8/1/2020.

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. This claim appears to be for a Catalogue Account agreement regulated under the Consumer Credit Act 1974.

4. It is admitted that the Defendant has previously entered into an agreement with Studio Retail Limited for provision of credit.

5. The defendant paid regular installments via Studio Retail Limited website each month to pay all moneys believed owed.

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

7. The Claimant’s Particulars of Claim fail to state when the agreement was entered into, it states ‘A regulated agreement with studio retail limited T/A studio dated 03/13/2016’ it is not clear what this date is referring to.

8. The Claimants statement of case states that the account was assigned from Studio Retail Limited to Merligen Investments Limited on 19/07/2019. The Defendant does not recall receiving notice of this assignment.

9. It is denied that Studio Retail Limited 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.

10. On the 12/01/2020 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 Claimant’s Solicitor, Moriarty Law. I requested the Claimant provide copies of: a. Regulated Agreement with Studio Retail Limited t/a Studio. b. Notice of Assignment. c. Formal Demand for Payment.

11. Claimant’s Solicitor, Moriarty Law has not sent any of these documents to the Defendant.

12. The Defendant received a response from Moriarty Law on 21/01/2020 stating, they have requested the documentation from their client and will be in contact once they receive their response.

13. Moriarty Law response dated 21/01/2020 stated that the account was ‘on hold and collection activity has been suspended’

14. On the 12/01/2020 The Defendant sent a formal request for a copy of the original agreement to the Claimant, Merligen Investments Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

15. The Claimant has failed to comply with section 78 (1) Consumer Credit Act 1974 and by virtue of section 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

16. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5)

17. The defendant received a response from the claimant, Merligen Investments on 21/01/2020 stating ‘we have referred your request for validation of debit to Studio Retail Limited. Whilst we await their response your file will remain on hold.’

18. Merligen Investment also stated in their response ‘In line with GDPR we no longer require a fee for this request’ they returned my £1 postal payment with this letter.

19. 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.

20. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

21. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

22. 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.

[Amethyst]

Para 5 add in about having received no breakdown of debt or evidence provided that counters your contention that the account was paid in full

para 18 - specify the £1 was a statutory payment made pursuant to s78(1).

good work

[wizardn3]

So I have filed my defense now but I feel silly what I realized a couple hours afterwards. I accidentally left the claim number censored on the copied I filed on the website. Is it something I need to worry about or is there nothing I can do now its been done?

[Amethyst]

Ahhh oopsy - it will be fine - it's likely quite obvious you'd put a holding space in to enter the claim number then forgotten to do it - It won't have any affect on the case at all.

[wizardn3]

So I got a response from MoriartyLaw today:

"We write to acknowledge receipt of the Defence filed by you with the Court and in that regard we confirm that our client is proceeding with their claim."

So much for them putting any collection activity on "hold" not that I believed that in the first place since they already made the claim.

I have yet to receive any documentation from the claimant.