Moriarty Law & Motormile Finance

[pcrdaddy]

Hello Forum

I am taking a mater up for my wife who has received a letter today from Moriarty Law stating that they have issued proceedings in Northampton County Court and states we will receive the claim pack very shortly along with a claim number.

Its in relation to a payday loan with Lending Stream in 2013, Had a conversation with Moriarty Law today who say they have all the paperwork and that i should not send them anything under CPR whatever that means??? This person was very confusing i went away from that call with more questions than answers, He was spouting off that the account has already had a 175 write down and balance reduced by FCA which made no sense he then went on to mention something about Motormile finance and some investigation he says that the FCA has found the debt to be recoverable and that's why they have issued court proceedings.

I logged into both Noddle and clear score to check my wife's credit file I can see no default in relation to this being entered by Motormile, Lending stream or anybody else for that matter??? My wife says she never received any default notice from lending stream, Nor have she received any annual account statements??

I would much appreciate if anybody could advise on what the first action I should take in relation to this, I know the court papers have not arrived yet I just trying to get some sort of ball rolling before they do.

Any help on this would be much appreciated, Thank you

PS: My wife also on same day received a default notice from another company this will be two that's been sent in relation to the same account I will create another thread for this one it has nothing to do with the above, If people wonder why i got two threads open this is why.

[GBExile]

Re: Moriarty Law & Motormile Finance

Ignore it all until you get the court papers.

Why did Moriarty Law allow you & not your wife to speak to them?

[jaguarsuk]

Re: Moriarty Law & Motormile Finance

Hi and Welcome

Firstly as the debt is a payday loan I would advise you to take a look here about potentially claiming back from the lender if the loans were mis-sold. The FCA stuff he’s referring to may be in relation to this, but @Debt Camel will be able to assist on that front.

Once you receive the claim pack follow this guide to work your way through with them, I’m sure they did tell you not to bother with a CPR request, nothing more they’d like than not having to actually prove it’s owed then getting a judgement and we’ll be ignoring them on that front.

CPR are the rules for the court and they allow you to ask them for documents, which they say they have got and that remains to be seen. We’ll see once you make your CPR 31.14 request.

Something you can do now is a Subject Access to information request to Lending Stream under the Data Protection Act 1998 and you can ask for everything they hold on you including letters, statements and notices. You don’t have to wait for the court pack to do this and they have 40 days to comply, so the sooner you get that off to them the more likely you are to get something back before the deadline to send in your defence. All you do is write them a letter and send a cheque/postal order with “DPA 1998 Stat Fee Payment ONLY” written somewhere on it. If you can do it today I would.

Added: All letters etc need to be signed by your wife as she is the Defendant/Data Subject

[Debt Camel]

Re: Moriarty Law & Motormile Finance

I assume your wife did borrow from Lending Stream. This was presumably a payday loan - you don't get annual statements for this sort of short-term borrowing.

I suggest she should immediately - this weekend - put in an affordability complaint to Lending Stream (not to MMF or Moriarty) for any loans she had with them, including this last one. See How to ask for a payday loan refund. She needs to do this quickly, so skip step one, go straight to a full complaint in step two even if it is a bit (or very!) vague.

She should send it to the Financial Ombudsman immediately if it is rejected, the same day. MMF/Moriarty should not start court action whilst a dispute is underway so you don't want there to be any time when it looks as though your dispute has ended.

If LS says you need to talk to the debt collector about this last debt, tell them you want them to consider all your loans or you will send the full case to the Ombudsman immediately. Do not get fobbed off.

When she has sent the complaint to LS, she should immediately inform MMF and Moriarty Law by email that she has done this and ask them to hold off on any court action until the dispute is resolved. And then phone Moriarty Law on Monday to say this - take the name of the person she talked to.

I wonder if they have actually started this Claim. If she gets one it will be interesting to see the date on it...

She should also consider putting in affordability complaints to any other payday lenders that she has used.

[pcrdaddy]

Re: Moriarty Law & Motormile Finance

I assume your wife did borrow from Lending Stream. This was presumably a payday loan - you don't get annual statements for this sort of short-term borrowing.

I suggest she should immediately - this weekend - put in an affordability complaint to Lending Stream (not to MMF or Moriarty) for any loans she had with them, including this last one. See How to ask for a payday loan refund. She needs to do this quickly, so skip step one, go straight to a full complaint in step two even if it is a bit (or very!) vague.

She should send it to the Financial Ombudsman immediately if it is rejected, the same day. MMF/Moriarty should not start court action whilst a dispute is underway so you don't want there to be any time when it looks as though your dispute has ended.

If LS says you need to talk to the debt collector about this last debt, tell them you want them to consider all your loans or you will send the full case to the Ombudsman immediately. Do not get fobbed off.

When she has sent the complaint to LS, she should immediately inform MMF and Moriarty Law by email that she has done this and ask them to hold off on any court action until the dispute is resolved. And then phone Moriarty Law on Monday to say this - take the name of the person she talked to.

I wonder if they have actually started this Claim. If she gets one it will be interesting to see the date on it...

She should also consider putting in affordability complaints to any other payday lenders that she has used.

Hello @DebtCamel

Thank you so much for your reply.

I have now received the court papers today from the court. I have acknowledged service and stated I wish to defend the claim in full. At same time i received a credit agreement in the post from motormile finance.

In relation to putting in a complaint against lending stream, I spoke to complaints team today to get more information on the loans my wife had,

Loan 1 £20.00 on 19th April 2013

Loan 2 £315.00 on 22nd April 2013 ( 6 Month Agreement)

On my wifes credit file loan 1 is showing as closed account settled, There is no default recorded for Loan 2 either for lending stream or motormile? Lending stream explained that the credit was some sort of rolling credit which i could not understand what they were saying.

Lending stream has setup a complaint for me today on behalf of my wife but i have explained I wanted to come back to them to give them the complaint in full in a few days time when I get my head around what my wife took out and everything else, I only mentioned the words affordability and all of a sudden they have created this complaint,

I needed to question my wife further as I myself is very confused by all this its a payday loan but my wife was not working she was a housewife and I was the main earner, My wife has told me that she lied on the application and told them she was working when she wasn't which I am really angry about Even worst my wife has all these defaults on her file from 2012 before the loans were taken, If I was a creditor I would not have lent to my wife seeing this horrendous credit file full of defaults.

I spoke to motormile after lending stream to inform them that lending stream had setup a complaint, They have explained they will contact Moriarty to inform them they wished the claim to be put on hold until lending stream have finished investigating complaint, I explained i had received court papers and they advised to do nothing as they will have this put on hold, I didn't listen to them and done the AOS with intention to defend in full.

Any information on how I should proceed with this now would be much appreciated,

Thank You

[pcrdaddy]

Re: Moriarty Law & Motormile Finance

Court papers have arrived today here is the particulars of claim

The defendant owes the claimant £551.25 under a regulated loan agreement with lending stream Ltd Date 22/04/2013
and which was assigned to the claimant on 28/07/2014 (DEBT) Despite formal demand for payment of the debt the defendant has failed to pay and claimant claims £551.25and further claims of interest thereon pursuant to section 69 of county court act 1984 limited to one year to the date hereof at rate of 8.00% per annum amounting to £44.10

I have acknowledged this on MCOL and stated I wished to defend claim in full, Can anyone advise on next actions please, Thank You

[warwick65]

Re: Moriarty Law & Motormile Finance

Does it say lending stream or lending stream LLP. I think the former was a fake company while the latter is the real one although you would need to check that out.

[GBExile]

Re: Moriarty Law & Motormile Finance

OP

Stop speaking to parties involved. In writing only if you must.

[Debt Camel]

Re: Moriarty Law & Motormile Finance

The best thing is to get the case put on hold if at all possible. It is massively easier to win an affordability complaint with the Ombudsman than try to win this case in court. I suggest you should also email LS with some other details to add to your complaint, however small... it has been known for them to lose all records of a telephone complaint. You want something in writing know that mentions the date the complaint was put in.

[jaguarsuk]

Re: Moriarty Law & Motormile Finance

Hello [COLOR=#8899A6 @DebtCamel[/COLOR]

Thank you so much for your reply.

I have now received the court papers today from the court. I have acknowledged service and stated I wish to defend the claim in full. At same time i received a credit agreement in the post from motormile finance.

In relation to putting in a complaint against lending stream, I spoke to complaints team today to get more information on the loans my wife had,

Loan 1 £20.00 on 19th April 2013

Loan 2 £315.00 on 22nd April 2013 ( 6 Month Agreement)

On my wifes credit file loan 1 is showing as closed account settled, There is no default recorded for Loan 2 either for lending stream or motormile? Lending stream explained that the credit was some sort of rolling credit which i could not understand what they were saying.

Lending stream has setup a complaint for me today on behalf of my wife but i have explained I wanted to come back to them to give them the complaint in full in a few days time when I get my head around what my wife took out and everything else, I only mentioned the words affordability and all of a sudden they have created this complaint,

I needed to question my wife further as I myself is very confused by all this its a payday loan but my wife was not working she was a housewife and I was the main earner, My wife has told me that she lied on the application and told them she was working when she wasn't which I am really angry about Even worst my wife has all these defaults on her file from 2012 before the loans were taken, If I was a creditor I would not have lent to my wife seeing this horrendous credit file full of defaults.

I spoke to motormile after lending stream to inform them that lending stream had setup a complaint, They have explained they will contact Moriarty to inform them they wished the claim to be put on hold until lending stream have finished investigating complaint, I explained i had received court papers and they advised to do nothing as they will have this put on hold, I didn't listen to them and done the AOS with intention to defend in full.

Any information on how I should proceed with this now would be much appreciated,

Thank You

Hi, it's good that you have acknowledged service and them sending you the CCA from Lending Stream saves you a task, but don't believe them when they will say that they will put the claim on hold.

If you do not continue the legal process the solicitors could apply for a default judgement against you if you do not submit a defence and therefore you should continue the process with a CPR 31.14 request to the solicitors. This allows you to see documents mentioned in the Particulars of Claim, that being:

1. Regulated Loan Agreement with Lending Stream (I know you already have it, but make the solicitors work for their money)
2. Notice and/or Deed of Assignment

You need to send the letter detailed here

Once you receive these documents you'll be able to file a defence with the court and have 33 days from the date on the Particulars of Claim to do so.

In the meantime you need to formalise your complaint, I would advise using the second letter on @Debt Camel advice to make your complaint to Lending Stream (here), as said above whilst it's convenient to telephone people you must stop. Everything needs to be in writing as then it can be presented to court. While they are telling you they have opened a complaint and will contact the solicitor, how do you know they actually are and it's not a stalling tactic to get a judgement against you?

Come back to update here once you start to receive things and we'll continue to help you through this process.

[warwick65]

Re: Moriarty Law & Motormile Finance

[MENTION=104499]jaguarsuk[/MENTION]

There is no fee for a cpr31. 14 request

[jaguarsuk]

Re: Moriarty Law & Motormile Finance

@jaguarsuk

There is no fee for a cpr31. 14 request

I forgot that you are agreeing to cover their reasonable costs of copying documents in the letter. I've edited the post, so as not to confuse the OP.

It's early in the day and I haven't even finished my first cup of tea yet.... that's my defence m'lord and I'm sticking to it

[warwick65]

Re: Moriarty Law & Motormile Finance

I forgot that you are agreeing to cover their reasonable costs of copying documents in the letter. I've edited the post, so as not to confuse the OP.

It's early in the day and I haven't even finished my first cup of tea yet.... that's my defence m'lord and I'm sticking to it

I'll let you off then. Contrary to popular opinion I am a nice guy :-)

[pcrdaddy]

Re: Moriarty Law & Motormile Finance

Hi and Welcome

Firstly as the debt is a payday loan I would advise you to take a look here about potentially claiming back from the lender if the loans were mis-sold. The FCA stuff he’s referring to may be in relation to this, but @Debt Camel will be able to assist on that front.

Once you receive the claim pack follow this guide to work your way through with them, I’m sure they did tell you not to bother with a CPR request, nothing more they’d like than not having to actually prove it’s owed then getting a judgement and we’ll be ignoring them on that front.

CPR are the rules for the court and they allow you to ask them for documents, which they say they have got and that remains to be seen. We’ll see once you make your CPR 31.14 request.

Something you can do now is a Subject Access to information request to Lending Stream under the Data Protection Act 1998 and you can ask for everything they hold on you including letters, statements and notices. You don’t have to wait for the court pack to do this and they have 40 days to comply, so the sooner you get that off to them the more likely you are to get something back before the deadline to send in your defence. All you do is write them a letter and send a cheque/postal order with “DPA 1998 Stat Fee Payment ONLY” written somewhere on it. If you can do it today I would.

Added: All letters etc need to be signed by your wife as she is the Defendant/Data Subject

Thank you

sorry I missed your post, Wasn't be ignorant

[pcrdaddy]

Re: Moriarty Law & Motormile Finance

Hi, it's good that you have acknowledged service and them sending you the CCA from Lending Stream saves you a task, but don't believe them when they will say that they will put the claim on hold.

If you do not continue the legal process the solicitors could apply for a default judgement against you if you do not submit a defence and therefore you should continue the process with a CPR 31.14 request to the solicitors. This allows you to see documents mentioned in the Particulars of Claim, that being:

1. Regulated Loan Agreement with Lending Stream (I know you already have it, but make the solicitors work for their money)
2. Notice and/or Deed of Assignment

You need to send the letter detailed here

Once you receive these documents you'll be able to file a defence with the court and have 33 days from the date on the Particulars of Claim to do so.

In the meantime you need to formalise your complaint, I would advise using the second letter on @Debt Camel advice to make your complaint to Lending Stream (here), as said above whilst it's convenient to telephone people you must stop. Everything needs to be in writing as then it can be presented to court. While they are telling you they have opened a complaint and will contact the solicitor, how do you know they actually are and it's not a stalling tactic to get a judgement against you?

Come back to update here once you start to receive things and we'll continue to help you through this process.

Hello

Sorry for late reply

The CPR letter do I include credit agreement and deed of assignment?

Sorry just abit confused of what I should or should not remove from template letter, Hoping to get this sent recorded post on Monday any further help on this would be much appreciated.

My wife received complaint response today from lending stream seems they have gone ahead and investigated my wife's complaint without the full facts which I agreed to come back to them with.

I am very shocked by how non compliant the letter is

If firstly states about affordability checks then credit file data they use, financial difficulties how we should of told them and finally resolution which they say they done no wrong

They then put " We hope the above helps" the letter is not signed? No mention of ombudsman if my wife remains unhappy or any ombudsman leaflet just mearly signed we hope the above helps

I am taking this as their final response, when I get back to my lap top later I will black out all personal information and you can see for yourselves their response.

Should I escalate this to the Ombudsman??

Thank you all once again for your time in helping me with this matter much appreciated