HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

[elvis2003]

Hi I am in need of some help please.

Long story short I had a number of loans back in the past and lost track of the majority of it.

Friday morning I received a letter from Moriarty Law re Motormile finance in relation to a PDL I have a number of years ago with Mr Lender. I honestly cannot remember if this is 6 years old or not. Basically the letter states ( attached) that court proceedings have been issued for £697 ( oringal loan was now more the £300) and I will shortly recieve the information and a pack on how to respond. I am conscious of this as I have no CCJs currently as time has a elapsed for previous ones and they are no longer on my file.
How should I proceed can anyone offer advice please.

[MIKE770]

Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

First Steps || Acknowledge a Claim tick defend all:- | if/when a court form arrives read and follow advice within it:-

give more info:- took out how much/when/last payment/ default date/ and any info you can for peeps to respond and assist you

[warwick65]

Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

Hi
You really have two options
1) Contact them and make an offer but I would not do that myself for a variety of reasons at this point
2) Wait until the claim form arrives and follow the first steps their

Did you recently receive any other letters from moriarty

[elvis2003]

Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

Thanks for response - claim form has come today and states as in the attached - what should I do?

i really do not want a CCJ

[elvis2003]

Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

Any help with what I should do next will be much appricated - not sure what I am doing to be honest. I have just sumbmitted the acknowledgement online and stated I wish to defend.

[elvis2003]

Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

Anyone

[elvis2003]

Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

Can anyone help with my next step please, I have gone on line and completed the claim to defend and give me 28 days, what do I know request, who should I send to, what should I send??

[warwick65]

Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

Hi

So you have acknowledged the claim- that's good

Have you sent a CCA request? If not that needs doing

I would then send a CPR 31.14 request asking for
1) The agreement
2) the formal demand
3) the Notice and Deed of assignment

Remember you have 33 days from the date on the claim form to enter your defence

Even if it all looks bad there will be an opportunity later to maybe make a settlement offer- that will be entirely up to you but can stop a CCJ

I can only offer advice on the technicalities of dealing at the early stages with the claim, I can not offer you advice with what you should say or what to do withwith regard to any payment you could/may/might make.

[elvis2003]

Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

Thanks for your response, yes I have acknowledged the claim, sorry I am probably being a bit simple is a CCA request a standard form, I was under the impression i had 28 days ?? How do I file a defence and what grounds would be good to start?
i really do not want a CCJ as I currently have no and previous ones I had have elapsed over 5/6 years and not on my noodle credit report now, so I defiantly do not want my credit report to have a set back.

[warwick65]

Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

As long as you have acknowledged the claim you have 33 days from the date on the claim form to get your defence in.

As you received the claim form 11th Oct, what was the date on it?

I guess you have until somewhere around 11th November but without the claim date I can not be sure.

Have you sent a SAR to Mr Lender?

[elvis2003]

Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

SAR? What is that??
claim date 5th October. I am a real novice here and not really sure what to do or send at all

[MIKE770]

Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

Subject Access Request Letter


CCA Request Letter || CPR 31.14 Request Letter

[MIKE770]

Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

Tuesday, 7 November 2017 is the latest by 4 pm to submit defence



Example Defence

[charitynjw]

Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

[MENTION=98117]warwick65[/MENTION] asked (above).......(Morning Warwick )

Did you recently receive any other letters from moriarty

In particular, were any of the letters saying that they will be taking court action? (As opposed to may/might etc)

[Debt Camel]

Re: HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

This is going off at a tangent but it is an important one.

If you had other loans from Mr Lender before this defaulted one, or other loans from other payday lenders you should consider putting in affordability complaints asap about them. See https://debtcamel.co.uk/payday-loan-refunds/.

Don't delay. I suggest you go straight to the step two complaint in that link and add a sentence into the stage two template latter asking them to send you a list of your loans.

The aim here is to be able to get you some money back which may let you pay off any CC if you lose this complaint.

Also putting in a complaint will stop any lender starting court action (but not this one which is already started.)

If a lender says one of your debts has been sold and you should talk to xxxxx, reply that you want them to look at your whole complaint including this last defaulted loan. And inform xxxxxxx that the debt is in dispute with the original lender.

If they say your loans are over 6 years old so they won't refund, ignore this and send the case to the Ombudsman.



If the original Payday lender rejects your complaint, send it to the Financial Ombudsman the same day. No delays.