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County court Claim received from Motormile finance re quick quid loan

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  • #1

    County court Claim received from Motormile finance re quick quid loan

    Good Morning all,

    I'm hoping someone can offer some advice. I have just received a county court claim from Motormile Finance for £1026.50 and want to defend it, It relates to a quick quid loan back in 2009 for £600 according to them. Can anyone offer any advice on how to defend it? I have no idea where to start. I would rather not give these crooks my hard earned money,

    Many thanks.
    Tags: None
  • #2
    Re: County court Claim received from Motormile finance re quick quid loan

    Originally posted by nods View Post
    I'm hoping someone can offer some advice. I have just received a county court claim from Motormile Finance for £1026.50 and want to defend it, It relates to a quick quid loan back in 2009 for £600 according to them. Can anyone offer any advice on how to defend it? I have no idea where to start. I would rather not give these crooks my hard earned money.
    The first point to be addressed is whether you borrowed the money!

    If you did, how much did you repay?
    • 1 thank

    Comment

    • #3
      Re: County court Claim received from Motormile finance re quick quid loan

      Originally posted by CleverClogs View Post
      The first point to be addressed is whether you borrowed the money!

      If you did, how much did you repay?
      I'm not even sure if I did borrow the money.

      Comment

      • #4
        Re: County court Claim received from Motormile finance re quick quid loan

        In that case, deny the claim.

        Have you acknowledged receipt of the N1?

        Did they write to you before they issued the claim?
        • 3 likes

        Comment

        • #5
          Re: County court Claim received from Motormile finance re quick quid loan

          Did you receive a letter before action prior to the N1 claim, are you sure that this is a from the county court, does it have the court stamp and the associated response pack ?
          • 3 likes

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          • #6
            Re: County court Claim received from Motormile finance re quick quid loan

            Originally posted by andy58 View Post
            Did you receive a letter before action prior to the N1 claim, are you sure that this is a from the county court, does it have the court stamp and the associated response pack ?
            It's definitely from the court, it has the stamp. I have had emails from them but never replied. Thought they were dodgy. is there guidance on what to write on the claim form to deny the claim? I haven't acknowledged anything and I don't know what a n1 is. Sorry for being a noob. Many thanks.
            • 1 thank

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            • #7
              Re: County court Claim received from Motormile finance re quick quid loan

              Was their notice of assignment sent to you be email as well?
              Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

              By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

              If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

              I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

              The Governess; 6th March 2012 GRRRRRR
              • 2 likes

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              • #8
                Re: County court Claim received from Motormile finance re quick quid loan

                Originally posted by teaboy2 View Post
                Was their notice of assignment sent to you be email as well?
                No, just threats of a door visit and offers of reduced amounts.
                • 2 likes

                Comment

                • #9
                  Re: County court Claim received from Motormile finance re quick quid loan

                  Was there any notice of assignment at all?
                  Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                  By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                  If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                  I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                  The Governess; 6th March 2012 GRRRRRR
                  • 2 likes

                  Comment

                  • #10
                    Re: County court Claim received from Motormile finance re quick quid loan

                    Hi nods, & welcome to Legal Beagles.

                    If you have received a County Court claim, as CC implies in post #4, you must acknowledge it within the timeframe. (14 days from receipt of the particulars of the claim)

                    Personally, during the 14 days 'grace', I would submit a holding defense, at the same time sending a 'Without Prejudice' letter to the named claimant requesting proof that they are the legitimate owner of the debt, stating that, due to the urgency imposed by the court's time limits, their most expeditious attention to this is vital. Ensure that you are within all time limits. (Golden Rule - always get proof of postage)
                    An example of a 'prove it' letter can be found at post #4 in this thread http://www.legalbeagles.info/forums/...ing-with-DCA-s (with thanks to Curleyben, the author)

                    In my opinion it would be unwise to rely on the absence of a notice of assignment, as they could either turn up at court with a copy of same, and/or convince the judge that it is within their business model to routinely send these out.

                    It would then fall on you to prove that you had not received it.
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb

                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.

                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick
                    • 2 likes

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                    • #11
                      Re: County court Claim received from Motormile finance re quick quid loan

                      Originally posted by charitynjw View Post
                      In my opinion it would be unwise to rely on the absence of a notice of assignment, as they could either turn up at court with a copy of same, and/or convince the judge that it is within their business model to routinely send these out.

                      It would then fall on you to prove that you had not received it.
                      True, but it would be useful when used in conjunction with MMF's and Quick Quids other possible failings - and if i know MMF (and barnaby Page) and Quick Quid they likely not got an enforceable debt, or are merely testing the water in the hope Nods doesn't defend/respond so that they get a default judgement against Nods. Given recent outrage with payday loans and high interest rates etc, i doubt they would want their interest, charges and business practices scrutinized by a judge.

                      That doesn't mean the OP should rest on his/her laurels, far from in fact.
                      Last edited by teaboy2; 15th July 2013, 03:02:AM.
                      Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                      By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                      If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                      I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                      The Governess; 6th March 2012 GRRRRRR
                      • 2 likes

                      Comment

                      • #12
                        Re: County court Claim received from Motormile finance re quick quid loan

                        As the alleged debt dates back to 2009, given their (QQ) extortionate interest rates & their propensity to 'roll over' the accounts, £1026.50 seems quite tame.
                        I would have thought it would be somewhere approaching the National Debt (£1.4 trillion) :eek2:
                        CAVEAT LECTOR

                        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb

                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.

                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick
                        • 2 likes

                        Comment

                        • #13
                          Re: County court Claim received from Motormile finance re quick quid loan

                          I suppose the £600 is not the original loan or final debt amount, the rest is likely additional charges interest. I know quick Quid are very trigger happy at trying to take money from your card and charging £12 each time it failed, multiple times a day in some peoples cases.
                          Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                          By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                          If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                          I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                          The Governess; 6th March 2012 GRRRRRR
                          • 2 likes

                          Comment

                          • #14
                            Re: County court Claim received from Motormile finance re quick quid loan

                            Andy58 has posted this on another thread

                            GLC Payday loan Survival Guide

                            http://www.legalbeagles.info/forums/...Survival-Guide

                            I haven't had time to read it properly, but it might provide some useful ammo.

                            Govan Law Centre, & Mike Dailly, are highly respected.
                            CAVEAT LECTOR

                            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                            You and I do not see things as they are. We see things as we are.
                            Cohen, Herb

                            There is danger when a man throws his tongue into high gear before he
                            gets his brain a-going.
                            Phelps, C. C.

                            "They couldn't hit an elephant at this distance!"
                            The last words of John Sedgwick
                            • 3 likes

                            Comment

                            • #15
                              Re: County court Claim received from Motormile finance re quick quid loan

                              Originally posted by charitynjw View Post
                              Hi nods, & welcome to Legal Beagles.

                              If you have received a County Court claim, as CC implies in post #4, you must acknowledge it within the timeframe. (14 days from receipt of the particulars of the claim)

                              Personally, during the 14 days 'grace', I would submit a holding defense, at the same time sending a 'Without Prejudice' letter to the named claimant requesting proof that they are the legitimate owner of the debt,
                              Why put Without Prejudice on the letter. Would this not mean you could not produce it in court?
                              • 2 likes

                              Comment

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