HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

[elvis2003]

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

Thanks all for the responses and help. I'll will start to action as above.

Yes I did recieve a letter approx 3 days before the claim from Moriarty Law stating that a claim letter would be on its way to me.

[elvis2003]

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

Do I send the CCA request to Motormile, Moriarty Law of Mr Lender?

[charitynjw]

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

CCA request + fee to the Claimant on the court claim (Motormile?)

Copy (no fee...information only) to solicitor.

Get proof of posting & keep copies.

[elvis2003]

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

When using the defence template what option am I best going with ?

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[charitynjw]

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

The one that [MENTION=3599]MIKE770[/MENTION] posted in #13 is fine.
Tweak it to suit.

[elvis2003]

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

The standard request CCA form asks for an acc number however I do not have it, is it needed.

[elvis2003]

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

HI All I have completed 2 letter for the CCA request can someone give me advice and let me know if
- they have the right requests
- if I am to send both letter
- do I also send them to MMF, Mr Lender and Moriarty Law - the court as well

Sorry for my weak understanding.

just completing the defence letter and will add shortly.

17^th October 2017

Motormile Finance UK LTD (MMF)
Protection House
83Bradford Road
Leeds
LS28 6AT



Dear Sirs,

Claim Number: ********
Request for documents mentioned in a statement of case under CPR 31.14

On 9^th October 2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence.

1. Loan Agreement dated 28/08/2013
2. Notice dated 08/01/2014
3. Formal Demand
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.
I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.
For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 17/10/2017.
I look forward to hearing from you
2nd Letter

17^th October 2017

Motormile Finance UK LTD (MMF)
Protection House
83Bradford Road
Leeds
LS28 6AT



Dear Sirs,

Account Reference: XXXXXX
Formal Request for a copy of the Credit Agreement

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.
We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a legible copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.
We understand a copy of our credit agreement should be supplied within 12 working days.
We look forward to hearing from you.
Yours sincerely


Encls.


Yours sincerely

[warwick65]

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

Hi

You send the 31.14 request to the claimants solicitor ( I assume it says address for documents and service)
Document 2 should be the notice of assignment


The CCA (s77-79) request does go to MMF

Have you sent a SAR (Subject Access Request) to Mr Lender ?

[elvis2003]

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

so first posted letter (above) to Moriarty Law? change document 2 to read Notice of Assignement?
Second posted letter (above ) to MMF

No I have not sent SAR- should I do that now? Is it a template? If I send all letters today when should I file/post defence?

[elvis2003]

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

Hi All

I have this defence ready can anyone help around a few sections. See defence below and questions please.
Section 7- I am unsure if this is past 6 years, but the it does not seem so according to their info, should I remove ?
Section 12 - is it 77 or 78?
Section 13 - again unsure about 77/78 etc. not sure what I should leave in or take out.
Section 14 - again unsure what to leave in and take out.


In the Northampton County Court Business Centre
Claim No: ********

Motormile Finance UK LTD (MMF)
Claimant
And

Defendant



DEFENCE

1. I received the claim D7DL84EP from the Northampton County Court on 9^th October 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 admitted that the Defendant has previously entered into an agreement with Original Creditor 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 Claimant’s Particulars of Claim fail to state when the agreement was entered into.
7. The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years
8. The Claimants statement of case states that the account was assigned from PDL finance LTD T/A Mr Lender to Motormile Finance UK LTD (MMF) on 08/01/2014. The Defendant does not recall receiving notice of this assignment.
9. It is denied that PDL finance LTD T/A Mr Lender 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.
10. On the 17/10/2017 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 and Motormile Finance UK LTD (MMF) I requested the Claimant provide copies of the Agreement, Formal Demand and Notice of Assignment.
11. Moriarty Law has not sent any of these documents to me.
12. On the 17/10/2017 I sent a formal request for a copy of the original agreement to pursuant to Motormile Finance UK LTD (MMF) section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
13. 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.
14. 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.]
15. 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.
16. 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.
17. 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.
18. 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 ________________________________
Dated ________________________________

[elvis2003]

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

Any help?

[warwick65]

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

Hi All

I have this defence ready can anyone help around a few sections. See defence below and questions please.
Section 7- I am unsure if this is past 6 years, but the it does not seem so according to their info, should I remove ? I would leave it in
Section 12 - is it 77 or 78? It really depends on exactly what the agreement says. If it was a credit limit you could take money from it would be S78 , if it was a loan it would be S77. If in doubt I would leave both in
Section 13 - again unsure about 77/78 etc. not sure what I should leave in or take out. If they have not complied, leave in. As above
Section 14 - again unsure what to leave in and take out. Did you ask them for an extension in the CPR31.14 letter- if so leave in , if not take out


_

Hope the above helps

[elvis2003]

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

Thank you.
I sent the CPR 31.14 exactly how I put it in my earlier post so I guess no I did not ask for extension.

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Do I just wait closer to the date now to send defence ?

[warwick65]

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

Hi
Well you did offer them an extension and they did not reply or take you up on the offer so you could alter your defence to say that.

As for lodging your defence, it is generally recommended that defences are lodged as near to the deadline as possible

[elvis2003]

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

Thank you.
ill give them a few more days then before submitting defence. Few questions.
Am I best submitting defence online to the court or by letter?
what happens then? do I await a response from court? Conscious I do not what to just suddenly have a CCJ put on my file against me.
Will the court notify me of next steps?
Am I missing any steps to support this or my defence?