Motormile Finance/Moriarty Law vs Oggmeister

**Oggmeister** · 5th March 2017, 09:37:AM

Re: Motormile Finance/Moriarty Law vs Oggmeister

Hi all,

I sent the CCA and CPR letters on Thursday recorded post, so am waiting for replies to both from claimant and solicitor. As the Issue date on the claim form was 23/02/17, I believe that I have 33 days from that date, making 28/03/17 the date by which I need to file my defence?

**charitynjw** · 5th March 2017, 10:24:AM

Re: Motormile Finance/Moriarty Law vs Oggmeister

Yep - 28/03/2017 4pm latest (unless they agree to the deadline extension).

Have you previously received communication from MMF on the subject of short term high cost loans, possibly offering a discount?
&/or informing you that they have been legally assigned the right to receive payment of this debt?

**Oggmeister** · 5th March 2017, 12:43:PM

Re: Motormile Finance/Moriarty Law vs Oggmeister

Thanks [MENTION=5553]charitynjw[/MENTION],

I have received the usual DCA letters chasing the debt, please make contact, etc. which have been ignored, no mention of a discount though.

I don't recall receiving an assignment notice and I haven't got anything filed.

In terms of filing the defence, after reading up it would seem it's best to do this as late as poss if I haven't received any documentation and include this in the defence?

Oggmeister

**charitynjw** · 5th March 2017, 13:40:PM

Re: Motormile Finance/Moriarty Law vs Oggmeister

Hi Oggmeister

There has been a lot of 'issues' recently concerning payday loans. (Irresponsible lending, rollover loans etc).
It would be worth exploring the avenues available.
I'll give [MENTION=48934]Debt Camel[/MENTION] a nudge

to see if there's any further info.

But don't acknowledge the debt in any way for the moment as their is a live court claim in play.

& yes, I believe the consensus is to leave filing the defence as late as possible (but do not miss the deadline!).
You might yet receive compliant responses to your requests or an agreement to extend the deadline.

**Debt Camel** · 5th March 2017, 16:28:PM

Re: Motormile Finance/Moriarty Law vs Oggmeister

Sorry, quite a few questions:

How many loans did you have with Mr Lender before this one you defaulted on?

Did you borrow from other payday lenders too?

How large are your other debts that were in the DMP - and do you have new debts as well?

Are you buying or renting?

**Oggmeister** · 6th March 2017, 19:04:PM

Re: Motormile Finance/Moriarty Law vs Oggmeister

Hi [MENTION=48934]Debt Camel[/MENTION],

How many loans did you have with Mr Lender before this one you defaulted on? Just the one

Did you borrow from other payday lenders too? Yes - looking at my credit report I had a few over a 12 month period

How large are your other debts that were in the DMP - and do you have new debts as well? Yes - mainly loans, DMP debt was around 10K

Are you buying or renting? I presume this refers to residential status, in which case renting

Thanks,

Oggmeister

**Debt Camel** · 7th March 2017, 08:46:AM

Re: Motormile Finance/Moriarty Law vs Oggmeister

If you had had quite a few loans with MrL then you could conside putting in an affordability complaint - see https://debtcamel.co.uk/payday-loan-refunds/ for general info about these. In theory you could get the court case stayed pending this complaint being resolved, see https://debtcamel.co.uk/court-payday-loan-debt/, but this is pretty complicated and with only 1 previous loan MMF could argue that your complaint has little prospect of success. I'm not sure this is a sensible avenue for you to pursue.

If there were other payday lenders you borrowed from more often, you could consider putting in affordablity complaints to them.

Have you talked to a debt adviser about your full situation? If you were unable to pay the DMP and are renting, a debt relief order may be a possible option, see https://debtcamel.co.uk/debt-options/dro/. This will wreck your credit record but a CCJ is going to do that anyway...

**Oggmeister** · 7th March 2017, 17:04:PM

Re: Motormile Finance/Moriarty Law vs Oggmeister

Thanks for the information Debt Camel, I am certainly going to look at complaints to other pay day lenders using the info on your website. I am going to take a bit of time to consider if a DRO is the best thing to do, in the mean time I intend to carry on the defence of this claim, I have a family member waiting in the wings who may be able to give me some financial support if MMF come up with the documents.

Oggmeister

**charitynjw** · 7th March 2017, 17:32:PM

Re: Motormile Finance/Moriarty Law vs Oggmeister

For defence of the live court claim, if it were me I'd wait to see whether they respond to the CCA & CPR requests.
If not, then use the forum template defence (top of this thread) on, or just before, the deadline.
The amount being claimed (<£200 inclusive of costs & interest) does not give MMF much room for profit, bearing in mind that they have already had to purchase the debt & issue the claim.
Maybe they were hoping that you would 'roll over' & pay up if threatened with court.

**Oggmeister** · 12th March 2017, 12:11:PM

Re: Motormile Finance/Moriarty Law vs Oggmeister

Hi [MENTION=5553]charitynjw[/MENTION]

I have received responses to both the CCA and CPR requests, I have attached these. I have had the £1 postal order returned by MMF, Moriarty Law have said in their reply that I should have sent to them?

I don't believe that the case has been assigned to a track yet as claimed in the Moriarty Law reply, on MCOL the claim history is acknowledgement of service by myself on 28/02/17 , would you advise I send a reply to Moriarty with the £1 postal order included again?

I also received an email from MMF as follows:

We write with regard to the above referenced account number and recent communication.

Unfortunately this account has been transferred to our legal department Moriarty.
You can contact them either by telephone or email.
Please find the details you require below:
Tel: 02031264544
Email: admin@moriartylaw.co.uk

If you have any queries or need to talk to us, please get in touch.
Yours sincerely
Motormile Finance UK Limited (MMF)
Please note: If you choose to communicate with MMF by email, unless otherwise advised by you, we will accept this as your consent to use your personal details to contact you by electronic means (email) with information about your account(s) which may include collections activity, negotiations and other services and products.
Thanks,

Oggmeister

Attached Files

**charitynjw** · 12th March 2017, 14:57:PM

Re: Motormile Finance/Moriarty Law vs Oggmeister

Hi Oggmeister

Both MMF & ML are incorrect.
A CCA request via 77 to 79 is made to the creditor, who in this case is MMF. your end of the deal is to send the request + the £1 fee. If they choose to ignore it, or return it, or use it to wrap up their fish & chip supper, that's their decision. It does not alter the fact that a lawful request under the appropriate legislation has been made by you.
It is good of them, however, to return the £1, thus giving documented evidence of their mistaken interpretation of the law.

ML, on the other hand, should know better.
CPR 31.14 requests do not have a set fee. (You do normally offer to refund a reasonable amount for the cost of photocopies, but it is rarely asked for by the recipient of the request).
& CPR 31 is applicable up until the case has been allocated by the court, not ML, to Small Claims Track.

**Oggmeister** · 14th March 2017, 15:44:PM

Re: Motormile Finance/Moriarty Law vs Oggmeister

Thanks [MENTION=5553]charitynjw[/MENTION],

I thought so!

Is it advisable to send both creditor and solicitor a letter to remind them of their responsibilities for CCA and CPR, or just wait to see if they come up with any documentation?

Thanks,

Oggmeister

**charitynjw** · 14th March 2017, 16:53:PM

Re: Motormile Finance/Moriarty Law vs Oggmeister

Imho
Don't chase the CCA request......once you've (properly) sent the request & have documented proof of posting, for as long as they do not comply with the request they cannot enforce the claim.
As for the CPR response, I'd be inclined in this instance to leave that as well....keep it safe for the future & just mention it as evidence of their incompetency in the defence. (Same with the CCA response).

**Oggmeister** · 26th March 2017, 15:39:PM

Re: Motormile Finance/Moriarty Law vs Oggmeister

Hi @charitynjw,

So far no documents received from either claimant or solicitor.

My defence has to submitted by Tuesday, would you be able to check below and give your opinion on the suitability of the defence I have drafted so far:

Defence

1: I received the claim ******** from the Northampton County Court on 23/02/17.

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 Loan agreement regulated under the Consumer Credit Act 1974.

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

5. The Claimants statement of case states that the account was assigned from PDL Finance Ltd T/A Mr Lender to Motormile Finance UK Ltd (MMF) on 15/09/14. The Defendant does not recall receiving notice of this assignment.

6. It is denied that PDL Finance Ltd T/A Mr Lender 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.

7: On the 02/03/17 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Moriarty Law. I requested the Claimant provide copies of the Agreement, Assignment and Default Notice.

8. Moriarty Law has not sent any of these documents to me.

9. On the 02/03/17 I sent a formal request for a copy of the original agreement to Motormile Finance (UK) Ltd pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

11. 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.

12. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

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

14. 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.

Signed Oggmeister

Dated 26/03/17

Thanks again for the help,

Oggmeister

Motormile Finance/Moriarty Law vs Oggmeister