Moriaty law county court claim {old pay day loan debt} urgent help

[rich190678]

First off want to say hello to all reading and many thanks in advance for help with the following.

the wife received a claim form Moriaty law on behalf of latern drs limited in relation to a pay day loan debt dating back to 7/2/2014

we received the claim form on last friday which was dated the 15th and registered our intention to deffend this claim.

I have checked wifes credit file and can find no mention of the debt this relates to, there is no defualt notice or mention of this account at all on her file so I believe this devt to be stat barred.

am i correct in thinking this and can someone please walk me through the best way to compile her deffence?

many thanks

[echat11]

Hi RICH190678

If no payments or written acknowledgement of the debt has been made over the last 6 years, then the debt is statue barred.

You should send the solicitor a CPR 31.14 request, they will send you the documents they rely on to make the claim, they have 14 days to send that information to you. Get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

Your Defence needs to be amended to your situation. I would wait to see what you get back from the CPR 31.14,
but don't miss the Defence deadline.

https://legalbeagles.info/library/gu...-court-claims/

[MIKE770]

Example Defence when needed

CCA Request send £1.00 postal order (14 days to respond) to originator mention request to solicitor
CPR 31.14 Request asking for only items mentioned on claim form to solicitors
Subject Access Request Letter to originator (30 days to respond) for info?

send get proof posting and keep all copies on file in date order

des8

[rich190678]

Is it possible to ask the court for more time to file my deffence once the above are posted while I await replys as 14days may take me over the deadline ? I'm certain no payments been made in last 6 years otherwise they'd show on credit file ? Also do they not require a default notice before Persuing a debt in court again I can find no record of the above on credit file

[echat11]

a) Is it possible to ask the court for more time to file my deffence once the above are posted while I await replys as 14days may take me over the deadline ?

No, but in your defence you can write that you've requested various information i.e. CCA, CPR 31.14 etc. That it's statue barred etc.

b) I'm certain no payments been made in last 6 years otherwise they'd show on credit file ?

Correct.

c) Also do they not require a default notice before Persuing a debt in court again I can find no record of the above on credit file

Correct, there's also a lot of Pre action protocols they need to follow.