HELP PLEASE WITH COUNTY COURT CLAIM - lantern dedt recovery/moriarty law ltd

[marbec]

Okay guys so i am new to the forum after my friend advise me this a good place to start dealing with the claim i have recieved against me from moriarty law acting on behalf of lantern dedt recovery.

The original dedt was with quickquid in febuary 2016 when i stupidily took out a loan i couldnt afford but i was on benefits at the time and completely desperate if i remember correctly,basically i should have payed them back when i had the chance but i forgot about over a number of years and these company are now taking to court for that money.

my friend said if i had complained about lending earlier i could have got money back from quickquid and removed from credit file as they was the worst mis lenders going but have gone bust so i cant do anything with them now.

this company now want 600 for a 250 loan i took out over 6 years ago theyve never allowed the dedt default fot a very long time if i remember correctly even though i wasnt making payments but will have to check my credit refs to see if thats correct

i wrang the company on the letter and he was saying its better to make arrangement to pay them in installments at 5 per month if i cant pay in full to stop a CCJ which i cant pa\y in full.

i want to dispute the dedt on the grounds it was bad lending but dont no how to prove this anymore as quickquid is gone but i need to put a defence in but havent recieved much information about the original loan as the moriarty said when i asked that in was all done online so its digital then he started quizing me if im going to defend the case and whats my defence.

i didnt tell them anything about defence just i would respond through the courts but i need help if possible as never doe anything like this before.

please help me if you can i would appreciate

[marbec]

OK well that's strange the court made no mention of reschedule the date I had called the court the week before and explained I was having difficulty attending due to work commitments and the travel issues but the reception lady said she can't offer legal advice but I should do my best to attend or I will lose the case if dont come but no mention of reschedule the date

OK I'm going to speak with citizens advice but I don't think a payment plan is an option as I need to pay within 2 weeks to avoid the ccj going on My credit file for 6 years

[echat11]

Okay so I couldn't attend the court hearing I took the afternoon off work and all the trains was on strike so I couldn't travel the 25 miles to get to court,I called the courts and explained the situation and receptionist said would tell the judge I couldn't attend.

So as you explained as I didn't attend I lost the case and I got a letter this morning saying as both parties didn't attend I've lost and must pay within 2 weeks.

Would I be able to appeal this decision,ive lost my job on friday so ironically i know can attend anytime or is it to little to late from me

O.K., not to worry, it's done.They (the Court) needed notice, so could of rescheduled the case.

I wouldn't bother appealing. But what you can do is send / email their solicitors / creditor an Income and Expenditure form. Make sure you take account of the 'cost of living'. If you can only afford to pay £5 a month, so be it.

Read the following covers losing your job.

https://www.citizensadvice.org.uk/de...0accepted%20it

[marbec]

Okay so I couldn't attend the court hearing I took the afternoon off work and all the trains was on strike so I couldn't travel the 25 miles to get to court,I called the courts and explained the situation and receptionist said would tell the judge I couldn't attend.

So as you explained as I didn't attend I lost the case and I got a letter this morning saying as both parties didn't attend I've lost and must pay within 2 weeks.

Would I be able to appeal this decision,ive lost my job on friday so ironically i know can attend anytime or is it to little to late from me

[marbec]

I will cobble something together this evening had a bad day at work yesterday so wasn't in correct frame of mind for it last night ,will get this 12 hour shift out of way and have another go.

Again thanks for all your help with this case.

[marbec]

i have no clue what im doing even with the example witness statements so im done with it im stressed enough as it is so thanks for your advice i do appreciate it but ive no chance of winning anyway im just wasting time by taking the day off work to go and be laughed out of court.

thanks for help

[echat11]

okay im going to attempt my witness statement and send it via email and ive booked the day off work so i can attend the hearing at court

Highlight the points, make your case.

[marbec]

okay im going to attempt my witness statement and send it via email and ive booked the day off work so i can attend the hearing at court

[echat11]

I've missed the chance to put my witness statement in as itcwa due on 27th by 5pm

I'm not sure if I should even attend court now as I'm likely going to lose this case they have put a witness statement in and I dint have proof of my defence

I would do a Witness Statement and email it to the Court and the other side, if you don't attend the Hearing you will lose.

[marbec]

I've missed the chance to put my witness statement in as itcwa due on 27th by 5pm

I'm not sure if I should even attend court now as I'm likely going to lose this case they have put a witness statement in and I dint have proof of my defence

[marbec]

i have not done a witness statement yet as im not really sure what im doing with it

iwill sort it out tomorrow if i havent missed the deadline

[echat11]

Did you prepare and send off a Witness Statement?

https://legalbeagles.info/forums/for...ness-statement

When completed, it needs to be sent to the Court (can be emailed) and the Claimants solicitors, make sure you get Proof of Postage.

You need to go through everything they've sent and prepare notes for the Hearing, so you can raise these matters during the Hearing.

https://www.judiciary.uk/wp-content/...+web+FINAL.pdf

[marbec]

okay so this has now been transferred to my local court with a hearing date of 7th november

the claimant has not sent me all the documents i requested but have now sent the documents they are going to rely on in court which is a witness statement from the solicitors moriarty law that has 11 points or facts they believe tobe true about this case and loan

then they have sent 22 pages of a fixed loan agreement called standard european consumer credit agreement

they have sent a fixed sum loan agreement regulated by the consumer credit act 1974

also provided copies of the letters they sent to me when they took over the debt and a final demand before proceedings

upon inspecting the documents they have provided it has reminded me as they have sent a detailed log of all payments and i originally loaned 100 on 18th january but by the 2nd febuary i had payed that loan off thats the loan thats on all paperwork.

i then borrowed a further 400 or 500 its hard to tell from the paperwork with charges added but thats the loan i couldntafford and they would have known had they checked but they never and i suppose thats why quickquid was done for bad lending

[echat11]

Okay i have received some of the documents that was requested not all of them but they've provided the original credit agreement now so I'm probably best making an agreement to pay as the judge will probably sidecwithbyhem now

They should provide all the documents requested. What have they sent?
You've received the agreement, have you received the Default Notice and Letter of Assignment?

I take it you've sent off the Directions Questionnaire?

[marbec]

Okay i have received some of the documents that was requested not all of them but they've provided the original credit agreement now so I'm probably best making an agreement to pay as the judge will probably sidecwithbyhem now