** Lost ** Moriarty Law/MMF v lb1989

[lb1989]

Looking for some advice, received a claim form through in the post today. I understand I should fill in the AOS online - should I be selecting “I intend to defend all of this claim” to give me the extra 14 days?

also, what should my next steps be from here. This is from 2013 - should I be asking them to provide a copy of the agreement?

[MIKE770]

First Steps
Check dates
Acknowledge Claim
CCA Request
CPR 31.14 Request

[lb1989]

Okay so steps so far... I have submitted AOS on MCOL. I've drafted a CCA and CPR letter to be printed and posted on Monday. I understand I need to send a £1 postal order with the CCA Request. Do I need to send a postal order for the CPR Request? Also, do I need to sign the CCA Request? I notice that template had "Your Signature", but the CPR template does not have "Your Signature" in there. Checking the dates - it's 33 days from the issue date to submit defence? Could someone check the below... reading my POC, I believe I've included the correct documents in the CPR request:

CCA Request:

Dear Sirs,

Account Reference: XXXXXXXX
Formal Request for a copy of the Credit Agreement
With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.
I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a legible copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.
I understand a copy of our credit agreement should be supplied within 12 working days.
I look forward to hearing from you.
Yours sincerely

CPR Request:

Dear Sirs,

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

On xx/03/2018 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 on xx/04/2018
1. Agreement
2. Assignment
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, xx/03/2018
I look forward to hearing from you.
Yours sincerely

[lb1989]

Just adding this info in as well from the first steps:

Received a claim? Yes
Issue Date: 15/03/2018
Have you Acknowledged the Claim?: Yes
Total Amount Claimed: £463
Claimant’s Name: MMF
Solicitors Firm: Moriarty Law
Original Creditor: Mr Lender
Original Debt (eg. Credit card/Loan/Overdraft) :Payday Loan

Particulars of Claim: Please type out in full excluding names/account numbers: The defendant owes the claimant £350 under a regulated loan agreement with PDL Finance Ltd T/A Mr Lender dated 04/10/2013 and which was assigned to the claimant on 10/02/2014 and notice of which was given to the defendant on the 10/02/2014 (debt). Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £350.00 and further claims interest thereon pursuant to section 60 of the county court act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £28.00

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not statue barred
List any letters you have sent: Drafted CCA & CPR ready to send next week

[MIKE770]

CPR free to solicitors Recorded Delivery

£1.00 to owners with CCA request Recorded Delivery

[lb1989]

CPR free to solicitors

£1.00 to owners with CCA request Recorded Delivery

Thanks

Are the documents I'm asking for in the CPR suitable for the POC that I received?

[MIKE770]

only those mentioned in the POC (Only those actually mention on form N1 POC) anything else will be later on in proceedure

[lb1989]

Just received a letter today from Moriarty Law to the below effect:

"... we have now issued proceedings in the County Court... It is still not too late to amicably resolve this matter and therefore please call our offices within 14 days on XXX where our litigation executives will be happy to help and explain the options that are open to you"

Anyone have any experience of this? I'd rather get this resolved quickly, and not risk a CCJ - if I defend and lose do I still get opportunity to pay in full without the CCJ being issued? Or am I better to cut my losses now and try and arrange a payment plan with them on the basis they stop court proceedings?

Bear in mind I've already submitted the AOS to MCOL... would that be seen now as a point of no return?

[MIKE770]

if you should happen to get a CCJ then you would have 28 days to pay it = then no CCJ recorded, also if necessary you could get a consent order to pay so much a month if they agree with you, you would pay a fee to court to have it signed by judge and as long as you stuck to it then no CCJ , but see how things fan out at the moment all that can be done later if necessary

[lb1989]

if you should happen to get a CCJ then you would have 28 days to pay it = then no CCJ recorded

Okay so that 28 days would start ticking at the end of the defence process then?

Any thoughts on the letter from them - anyone with experience of this in the past who successfully agreed a plan and halted the proceedings? I'd basically be offering to pay in 3 instalments if I went for that option.

[MIKE770]

No = CCJ issued by a court the final court case outcome you would have 28 days to pay up, defence submitted by you then if the other side failed to respond with theirs etc then after 28 days the case is stayed (parked up) and they would have to pay a fee to continue,

many have agreed at the very end if it was thought the claimant will not discontinue but only then!

[lb1989]

Thanks for everything so far. One last bit to clarify ahead of me sending the CCA/CPR out on Monday:

1. Send CCA to MMF with £1 postal order - does the CCA Request need to be signed? They won't have my signature on file as the payday loan was taken out online.
2. Send CPR to Moriarty Law. ALSO include a photocopy of the CCA Letter - again, does that need to be signed?

Should I also take a picture of the postal order as proof for later on if needed?

Should I send the PDF download of my AOS to Moriarty, or is that not needed?

[MIKE770]

I would sign it as a legal request, you could alter it a bit then as then you know if tampered, but not ever seen any tampered or reported as?

CPR sign legal request all legal now. can take a picture but RECORDED DELIVERY FOR ALL keep copies of all on file and Recorded receipts signed for on file

[lb1989]

Okay so letters were sent start of this week... how long should I give them to respond before I file a defence?

And also... what should I put in the defence? I assume if they don't send any docs through it's a fairly standard template I could use?

[lb1989]

Okay so on Friday, I got a letter from "Lantern" (formerly MMF) with a copy of the credit agreement and the £1 PO returned to me. Can anyone help with what I should do next?