Merligen Investments v Fredriko

[Fredriko]

Stopped paying the debt when i had missed a couple of payments and the door step collecter become very hard work to deal with who then got the manager involved who was quite abusive and demanding and also making claims she would get the police involved if i did not make payment, I got in contact with there main office and told them i no longer wanted the agents calling at my property for the above reasons. I was then unable to make payments due to financial dificulty, a few years have gone by and i have now received this claim form and not sure what to do.

Any advice received would be great.

Thanks

Received a claim? Yes/No: yes
Issue Date: 26/07/2017
Have you Acknowledged the Claim?: yes
Total Amount Claimed: £281.28
Claimant’s Name: Merligen Investments limited
Solicitors Firm: Moriarty Law
Original Creditor: Morses club limited
Original Debt (eg. Credit card/Loan/Overdraft) : Loan
Particulars of Claim:

The claimants claim is for the balance due under an agreement (debt) with Morses club limited dated 02/06/2011 under which the defendant agreed to repay monthly instalments but has failed to do so and which debt was assigned to the claimant on the 17/03/2014 and notice of which was given to the defendant on 17/03/2014 and which debt is now due and payable. and the claimant claims the sum of £191.00. The claimant also claims interest thereon pursuant to S.69 county court act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £15.28

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): not sure
List any letters you have sent (eg: CCA/ CPR ) Please advise
Any Other Information or Background Details:

[charitynjw]

Re: Merligen Investments v Fredriko

Hi Fredriko, welcome to LB.

Well done for acknowledging the claim.
Send a CCA request + £1 fee to the Claimant. (s77 CCA is applicable if a loan).
Send a CPR 31.14 request to the solicitor. (I'd ask for a copy of the agreement, the Notice of Assignment, the Deed of Assignment & a breakdown of the alleged sum claimed).
It is also advisable to send a SAR to the original creditor.

See top of this thread for templates.
Always keep copies & get proof of posting.

It is unlikely that this would be statute-barred if the original agreement was June 2011.

There are other issues with Payday/doorstep loans (eg responsible lending) which can also be explored.

[Fredriko]

Re: Merligen Investments v Fredriko

Hi Fredriko, welcome to LB.

Well done for acknowledging the claim.
Send a CCA request + £1 fee to the Claimant. (s77 CCA is applicable if a loan).
Send a CPR 31.14 request to the solicitor. (I'd ask for a copy of the agreement, the Notice of Assignment, the Deed of Assignment & a breakdown of the alleged sum claimed).
It is also advisable to send a SAR to the original creditor.

See top of this thread for templates.
Always keep copies & get proof of posting.

It is unlikely that this would be statute-barred if the original agreement was June 2011.

There are other issues with Payday/doorstep loans (eg responsible lending) which can also be explored.

Thank you very much for replying,

I have taken your advice and printed both letters you have mentioned, They will be sent this afternoon via recorded delivery.

Were would i start in regards to the doorstep loan responsible lending?

Thanks for your help

[Amethyst]

Re: Merligen Investments v Fredriko

This company originally ?




Also, keep an eye on your defence date as that will need to be submitted on time regardless whether Merligen reply to your letters or not xxx

[Fredriko]

Re: Merligen Investments v Fredriko

yes thats the original company, if my issue date was the 26/07/17 what would be my latest date for defence?

Thank you for your reply

[Amethyst]

Re: Merligen Investments v Fredriko

Latest - Monday, 28 August 2017 at 4pm

[Amethyst]

Re: Merligen Investments v Fredriko

Do you have any paperwork hanging over from when you had the doorstep loan and problems with the collector woman?

[Fredriko]

Re: Merligen Investments v Fredriko

Unfortunately i dont have any paper work as it is a good few year's since i have had any letters from them.

I have posted both the CCA and CPR 31.14 requests this afternoon

Thanks ��

[Fredriko]

Re: Merligen Investments v Fredriko

Received this letter from Moriarty Law today

[Amethyst]

Re: Merligen Investments v Fredriko

Cool See if anything turns up by say 20th August, and if not get your defence together to go in. ( stick to the courts dates as they haven't specifically agreed to a formal extension )

[Fredriko]

Re: Merligen Investments v Fredriko

Ok will do thank you for your reply

[charitynjw]

Re: Merligen Investments v Fredriko

But make sure your defence is filed at court on time. (Deadline is 33 days from the court claim issue date printed on the front of the claim form, unless you both agree to a 28 day extension).
Their 'on hold' does not supersede the court timetable, which is paramount.

[Fredriko]

Re: Merligen Investments v Fredriko

Neither Moriarty or merligen investments have supplied me with the requested documents so far.

I want to start putting a defence together but i don't know were to start, Could any body point me in the right direction please

Thank you for all your help so far

[Kati]

Re: Merligen Investments v Fredriko

EXAMPLE DEFENCE

[Fredriko]

Re: Merligen Investments v Fredriko

Hello

This is my defence i would be greatful if somebody could have a look over it for me please.

Do i leave number 12 out or what do i put with that one?

Also unsure about number 7

Thanks








In the Northampton County Court Business Centre


Claim No: -------





MERLIGEN INVESTMENTS LIMITED


Claimant


And





MR


Defendant


DEFENCE





1.I received the claim -------- from the Northampton County Court on 27/07/2017





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.It is denied that the Defendant has previously entered into an agreement with Morses Club Limited for provision of credit.





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





6.The Claimants statement of case states that the account was assigned from Morses Club Limited to Merligen Investments on 17/03/2014. The Defendant does not recall receiving notice of this assignment.





7.It is denied that Morses Club Limited 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.





8.On the 03/08/2017 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 and Notice of Assignment.





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





10.On the 03/08/2017 I sent a formal request for a copy of the original agreement to Merligen Investments Limited pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.





11.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.





12. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]





13.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.





14.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.





15.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.





16.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 MR


Dated 27/08/2017