New Help With Court Claim From MoriartyLaw

[MIKE770]

they hoped you did not put in a defence then they get CCJ for nothing, time this country woke up to the dirty tricks these so called solicitors play*

as far as documentation concerned may they never supply, but later on if it continues then you get the courts to order them to supply, do not remind them,

[wizardn3]

I received a response from the claimant Merligen Investments:*

Dear Mr XXXX,

We write following a response from Studio Retail Limited who have provided the enclosed supporting documentation the following:

Copy of agreement with terms and conditions agree to when this account was opened online on 3rd December 2016.

Copy of Invoice which shows your entire purchase history with Studio Retail Limited.

Transaction History - which shows your last payment made to Studio Retail Ltd on 8th November 2017 sum of £XX.XX

Copy of default notice*

Copies of all letters sent by Studio Retail Ltd to you between 7th November 2017 to 24th April 2018

Please note, our position is that this balance remains lawfully due. We have since been informed by Moriarty Law Ltd you have filed a Defence. As your file is currently being managed by Moriarty Law Ltd, we would ask you direct all future queries to them directly.

As the letter says there is a copy of the agreement of terms and conditions my name is not located anywhere in this copy.*

The transaction history shows Interest charged - default sums from 24th November 2017 - 24th April 2018. Last entry in the transaction history is on 29th August 2019 saying Recovered Debt negative the amount they are claiming I owe with final sum being 0 balance.

I do not recall receiving any of the letters that they have provide copies of. The address on the letters is incorrect. It shows up as a address on a connecting road around the corner, whilst the address that the claimant and solicitors are mailing to is the correct address. The incorrect address on the letters they received copies of are address to XXX Court Flat Num XXX Road. The correct address is Num XXX Court XXX Road.

There is not notice of assignment but I also did not ask for it as it was not mentioned in the particulars of the claim so I believe I could not ask for it when it was not mentioned.

I have yet to receive any response from the solicitors.*

On the MCOL website there is no mention of the claimant filing the DQ as if yet. I will be sending mine off tomorrow.

[wizardn3]

Been awhile since I have post on this thread.

It went to mediation. I had every intention to go into mediation to pay the balance in full. My mom had agreed to loan me some money to get me out of trouble. Then covid-19 started to hit. My wife and I were working with doctors and specialists getting my wife ready for shielding 3 weeks before the government announced they would be putting in restrictions. At the same we had to spend the money my mom offered to get medical supplies and other items that we need to shield that we would not be able to get once we started shielding. I am also required to shield because I am my wife's main carer (unpaid). This was all explained to the mediator when she first get in touch with us at the begging of the mediation. The mediator used this information during the mediation when talking to the solicitors.

During the mediation there was an issue with the solicitors phone so the mediator could not get a hold of them during the time slot we were supposed to be going through mediation. The mediator suggested she could go ask via email if they would consider to lower the amount and offer a payment to £10 a month due to not knowing fully the financial circumstances amidst this covid-19 pandemic. Shortly after the mediator got off the phone with me, she heard back from the solicitors. She contacted me back via a phone call saying they had agreed to lower the amount back down to the original amount that was claimed i owed and accepting the payment offer of £10 a month. I received the agreement from the mediator in an email.

I received a letter from the solicitors shortly after the mediation thanking me for my offer which is acceptable. Repeating when the first payment would be due and the date it would need to be paid for each month. They also indicated that I had not stipulated how the payments would be made.

They also said for my convenience they could register a debit card for payments to be taken automatically.

I did not respond to the letter until closer to the due date. I made the first payment manually through the solicitors website before contacting them via the phone. They acknowledged the payment that I had made. I told them I wanted to set up the automatic payment that they had offered.

During the phone call they were asking questions as to did i work? what i did for work? I mentioned to them I am currently furloughed due to covid-19, which they made note of. They asked if I live with anyone and if I had any children under the age of 18. Which I answered with my wife and no children. They asked if we rented or owned a house. I explained it was rented via housing benefit that my wife receives.

They then asked what date I wanted the payment to be taken each month and I said I would like it to be taken the 15th of each month, i had mentioned I am paid 4 weekly therefore the 15th should stay within my paychecks. They then explained that they could tell their system to take the payment every 4 weeks as long as I could tell them when I would get paid next which I did. They set up the payment to be every 4 weeks starting my next paycheck.

Before they let me go off the phone they mentioned that I would have 30 days from the day I called to be able to accept a further reduction of the balance if I could pay in full. It was an offer of something along the lines of £200 - £250 further reduction. I made the joke that I wish I could pay that reduced balance in full but would have to stay with the payment plan.

I didn't think anything of it until later discussing the call with my wife. Are they allowed to offer a further reduction once a agreement has been made through mediation? Did i offer up too much information? Did I inadvertently modify the agreement that was set out in mediation? Could this be an attempt by the solicitors to modify the terms of the agreement that was made during meditation?

I hope this all make sense.

[Celestine]

Good progress getting a settlement through mediation. How much reduction did you manage to get?

I don't think it's too much of an issue that they made you aware they could offer you a further reduction if you could do a one off settlement. They will have asked all the questions about income because they have many duties to comply with to make sure your plan is affordable.

Have you been sent confirmation of the final settlement in writing? The payment plan, how much and when repaid. They will send you a Tomlin order to sign which will bind you to the repayment plan otherwise the court claim can be resumed.

[wizardn3]

The reduction was just the fees for the court and the solicitors fees back down to the original debt. A total of £180 deduction.

I received from the mediator the copy of Mediation Settlement Agreement which shows the the total amount due, the date the first payment was due by and the date it must be received by each month thereafter.

I have attached a redacted copy what i received from the Mediator once the solicitors agreed to the payment plan.

Do I still need to send confirmation of the final settlement in writing?

I had thought once the document has been filled in by the Mediator and both parties agreed to the settlement during the process it was binding from that point forward?

The MOC website also mentions the settlement as the last item in claim history.