Motormile Finance County Court Claim

[scotty1875]

I received a county court claim letter for £425.20 from Moriarty Law acting on behalf of Motormile Finance reagarding a Payday Express loan dating back to 2012.

I have followed the steps on this site (many thanks for the advice and help), sent the CPR and CCA requests off then submitting my defence but heard nothing from Moriarty Law until I got back after working away this week to find a letter dated 4th July simply stating:

'We write to acknowledge receipt of the defence filed by you with the court and in that regard we confirm that our client is proceeding with their claim'

Just a couple of questions from here:

1) What happens from here? Will I receive some notification from the court about a date etc. and if so will I have to attend this?
2) Seeing as though I had no response from my CCA or CPR requests where does this leave the case from a legal standpoint?


Any help / advice would be much appreciated.

Thanks in advance.

[scotty1875]

Re: Motormile Finance County Court Claim

See below the defence that I submitted if this helps answer my questions:

Defence

1: I received the claim ??????? from the Northampton County Court
on 26th May 2017

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 Express Finance t/a Payday Express to Motormile
Finance UK Ltd on 26th June 2013. The Defendant does not recall
receiving notice of this assignment.

6. It is denied that Express Finance t/a Payday Express 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 7th June 2017 I sent a request for inspection of
documents mentioned in the claimants statement of case under
Civil Procedure Rule 31.14 to Moriarty Law I requested the
Claimant provide copies of the Agreement, Notice of Assignment
and Formal Demand.

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

9. On the 7th June 2017 I sent a formal request for a copy of the
original agreement to Motormile Finance pursuant to section 77 -
78 of the Consumer Credit Act 1974 along with the statutory £1
fee.

10. The Claimant has failed to comply with [s77 (1) / s 78 (1)]
Consumer Credit Act 1974 and by virtue of s77 (4) / s 78 (6)
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.