CCJ claim form recieved for Motormile Finance Uk Ltd (payday loan, loan?)

[neon989]

Second post today another CCJ claim form dated the same date 4th of July from someone completely different! just my luck in life!

Issue Date: 04.07.17
Amount approx: 358.50
Claimant: Motormile finance uk ltd
Solicitor: moriarty law
Original Creditor: unsure? it says motormile finance uk ltd later it references curo transatlantic ltd T/A wageday advance as the regulated loan agreement
Particulars of Claim: the defendant owes the claimaint £262.50 under a regulated loan agreement with curo transatlantic ltd t/a wageday advance dated 07.12.2011 and which was assigned to the claimant on 20.11.2012 and notice of which was given to the defendant on the 30.11.2012 (debt)
Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £262.50 and further claims of interest thereon pursuant to section 69 of the county court act 1984 limited to one year to the date herof at the rate of 8% per annum amounting to £21
Is the debt Statute Barred? no 07.12.2011 was the loan agreement date as per the claim form
List any letters you have sent: none
Any Other Info: This looks to be a payday loan I took out a long time ago when I was short of funds, I never made any payments on it as I don't think I was even working at the time and couldn't afford it (silly I know I have come a long way since then) I have read the site and what to do but was unsure and just wanted some advice on what I need to do so I can be 100% sure.

From other threads I believe I need to send a cp18 however I am unsure if this applies to payday loans?
after that is sent I need to log in and say I will be contesting this.
I am just looking for advice on what happens from here and what cpr 18 would apply to this type of case?
Thank you in advance!

[neon989]

Re: CCJ claim form recieved for Motormile Finance Uk Ltd (payday loan, loan?)

Any advice on this one guys? I have acknowledge the claim and my intention to dispute however I am unsure as to what I should be sending off to the creditors and solicitors on this one...??

[MIKE770]

Re: CCJ claim form recieved for Motormile Finance Uk Ltd (payday loan, loan?)

First Steps

- - - Updated - - -

Acknowledge a Claim

[Amethyst]

Re: CCJ claim form recieved for Motormile Finance Uk Ltd (payday loan, loan?)

It would be a CCA and CPR 31.14 request rather than a Part 18 request - see below.

Send a CCA REQUEST to the CLAIMANT (see here)

For most Debt claims the Claimant must supply a copy of the agreement or they are unable to enforce the agreement through the court. This is a formal legal letter and the response may form a major part of your defence.

Send a CPR 31.14 REQUEST to the CLAIMANT’S SOLICITORS (see here)

This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim. You can include a copy of your CCA request with this letter for information.


You must still put in a Defence (or Admission) with 28 days of receiving the claim whether they reply or not.

Also tagging [MENTION=48934]Debt Camel[/MENTION]; as this is a payday loan there may be additional defences.

[neon989]

Re: CCJ claim form recieved for Motormile Finance Uk Ltd (payday loan, loan?)

Thanks Mike again I will do the above
[MENTION=48934]Debt Camel[/MENTION] any advice with this being a payday loan?

Thanks in advance

[Debt Camel]

Re: CCJ claim form recieved for Motormile Finance Uk Ltd (payday loan, loan?)

Well it's always worth asking for a CCA agreement, I haven't actually seen a case where one hasn't been produced for a payday loan, but still worth a try especially with MMF.

Apart from that, read https://debtcamel.co.uk/court-payday-loan-debt/. As that says you have two options:

- you can put in an affordability complaint to WDA and ask MMF to stay the court case pending the consideration of the affordability complaint.
- you can try to defend the case on the basis of an unfair relationship.

Did you have other loans with WDA before this one? And with other payday lenders? If you did, you should look at affordability complaints for ALL of these asap: https://debtcamel.co.uk/payday-loan-refunds/. With any luck you may get enough money back to be able to settle this CCJ if you lose this case.

[neon989]

Re: CCJ claim form recieved for Motormile Finance Uk Ltd (payday loan, loan?)

Hi debt camel.

Thanks for.replying. I believe I took this loan out in 2011. I wasn't even working at the time and needed to pay some bills so I never made any repayments. It's not statute barred yet.
What would you suggest my best course of action is? I have notified of my intent to defend but I'm not sure what to do moving forward.. thanks