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Received first claim form, bit overwhelming

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  • Received first claim form, bit overwhelming

    I received a claim form today dated 5th September 2017.

    Its an old waged advance loan. It is now being handled by morality law on behalf of motor mile finance.

    I keep falling in the form on this forum but it tells me my message is too short.

    I just wondered what I can do? The loan was from 2011 and I remember rolling it over every month, and I think the most I borrowed was £450.

    The claim is for 1027.75.

    I want to defend maybe but I feel really overwhelmed and not actually sure what my defence could be.

    Any help would be vastly appreciated!
    Tags: None

  • #2
    Re: Received first claim form, bit overwhelming

    From the claim form:

    Claimant: Motormile finance uk ltd
    Address for payment: Moriarty law

    Particualrs:

    The defendant goes the claimant £831.25 under a regulated loan agreement with CURO TRANSATLANTIC LTD T/A WAGEDAY ADVANCE DATED 28/11/2011 and which was assigned to the claimant on 03/01/2014 and notice of which was given to the defendant on the 3/1/2014 (debt).

    Despite formal demand for payment of the debt defendant has failed to pay and the claimant claims £831.25 and further claims interest thereon pursuant to section 69 of the County Court act 1984 limited to one year to the date thereof at the rate of 8% per annum amounting to £66.50

    Comment


    • #3
      Re: Received first claim form, bit overwhelming

      Looks like they must be processing these in bulk at the minute as mine was the same...have you acknowledged the claim form?

      Comment


      • #4
        Re: Received first claim form, bit overwhelming

        Sorry this seems to have been missed

        Can it be moved to the correct forum [MENTION=49370]Kati[/MENTION] [MENTION=6]Amethyst[/MENTION]

        The first thing you need to do is acknowledge the claim online

        I would also send a CCA request to MMF and a CPR 31,14 request to moriarty lawasking for the agreement, the notice of assignment and the deed of assignment
        [MENTION=48934]Debt Camel[/MENTION]

        Comment


        • #5
          Re: Received first claim form, bit overwhelming

          if you had previous loans from WDA, you should consider putting in an affordability claim to try to get a refund for these, see https://debtcamel.co.uk/payday-loan-refunds/.

          In theory, you could try to get the court case stayed until the complaint has been resolved, see https://debtcamel.co.uk/court-payday-loan-debt/. I can't advise on how to do this. @Diana M @Amethyst @pt2537 any ideas?

          Even if you can't, an affordabilty case may later generate a refund which could help you repay any CCJ.

          And also consider complaints against other lenders.

          Comment

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          SHORTCUTS


          First Steps
          Check dates
          Income/Expenditure
          Acknowledge Claim
          CCA Request
          CPR 31.14 Request
          Subject Access Request Letter
          Example Defence
          Set Aside Application
          Directions Questionnaire



          If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





          NOTE: If you receive a court claim note these dates in your calendar ...
          Acknowledge Claim - within 14 days from Service

          Defend Claim - within 28 days from Service (IF you acknowledged in time)

          If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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          If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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