** Lost ** Moriarty Law/MMF v lb1989

[lb1989]

Can anyone help with what I should do next? I've heard nothing from Moriarty yet, only the above from MMF/Lantern

[lb1989]

Anyone? I don't have much time left before I need to submit my defence

[lb1989]

Is anyone able to help me?

[Amethyst]

Hi, apologies for missing your post, just having a read back.

I'd missed that MMF had changed into Lantern.

[Amethyst]

Okay I've read the agreement a couple times and feel like I'm being thick - how were you meant to repay ? It says pay £70 on a certain date but the total payable was £270 and it says the term of the agreement is 18 days. Then it says something about monthly payments. Sorry feeling stupid - what was your understanding of how to repay ? I can't even see how they get to £270 with a £7 and £10 on a £200 loan. The 10 and 7 were deducted from the loan so you'd actually only have received £183 in any case ( I think ) so there's £87 in interest ( doesn't say that on the agreement tho )

( I'm not sure it's totally compliant as it is unclear - ridiculously so )

Did they send you any statements to show how the amount being claimed is calculated ?

did you make any repayments ?

[lb1989]

Okay I've read the agreement a couple times and feel like I'm being thick - how were you meant to repay ? It says pay £70 on a certain date but the total payable was £270 and it says the term of the agreement is 18 days. Then it says something about monthly payments. Sorry feeling stupid - what was your understanding of how to repay ? I can't even see how they get to £270 with a £7 and £10 on a £200 loan. The 10 and 7 were deducted from the loan so you'd actually only have received £183 in any case ( I think ) so there's £87 in interest ( doesn't say that on the agreement tho )

( I'm not sure it's totally compliant as it is unclear - ridiculously so )

Did they send you any statements to show how the amount being claimed is calculated ?

did you make any repayments ?

Hi Amethyst, thanks for your reply!

I'm not 100% sure if I made any repayments on it - it went very quiet on this one for a long time. I had a different bank account at the time so don't have access to that side of things to look.

I've asked Moriarty to send me Agreement, Notice of Assignment, and Formal Demand based on previous advice in this post. I've heard nothing from them to date.

I also asked MMF to send the credit agreement which they have done as you've seen.

I've not seen any statements to show how it's being calculated - is that something I can get/ask for?

[Amethyst]

Yes - it can go in your defence at very least - what dates your defence to be in by ?

[lb1989]

It’s due w/c 15th April but ideally I need to submit it by Friday 13th as not around that week!

[Diana M]

I can see that you’ve not asked the Claimant to produce any Default Notice presumably because it wasn’t specifically mentioned or even referred to in the Particulars of Claim.

However they may need to evidence that the account was correctly terminated before it was assigned in order for their claim to be successful.

Have you checked your CRA file to see when the account was defaulted?

Di

[lb1989]

I can see that you’ve not asked the Claimant to produce any Default Notice presumably because it wasn’t specifically mentioned or even referred to in the Particulars of Claim.

However they may need to evidence that the account was correctly terminated before it was assigned in order for their claim to be successful.

Have you checked your CRA file to see when the account was defaulted?

Di

Hi,

Just had a look - I can see "Mr Lender" in closed accounts as Settled (£0 balance) last updated xx/01/2014 - this is the one as the start date matches the date on the credit agreement. However looking in "Open" accounts I can't see an MMF entry with a matching/close balance. I have other entries with MMF (worrying as they will probably come after me for those soon!). The two MMF entries on my CRA have very different start dates to the Mr Lender agreement (nothing in 2014 or the time in 2013 where Mr Lender account shows)

[lb1989]

Just to add to this. I've noticed now, on the POC, the date they have the loan agreement starting, is 2 days different to the date on the CCA

[lb1989]

I'm trying to use the sample defence document to work on mine, but there's a few points in there that don't apply (i.e. the claimant has sent the CCA to me, albeit with a different date to the POC) - can someone help me get started with this? Any help is much appreciated

[lb1989]

Sorry to keep adding more! Having another look at CRA report today (Noddle, doesn't seem to be in ClearScore):

Mr Lender - Balance £0 - Last Update xx/01/2014 - Settled

Account start date: xx/10/2013
Account end date: xx/11/2013
Opening balance: £ 200
Regular payment: £ 200
Payment start date: xx/10/2013
Repayment frequency: Monthly

To me, that suggests there was no outstanding balance after xx/11/2013?

[Amethyst]

Does that xx/01/2014 date correspond with when the debt was assigned/sold to MMF you think ?

[lb1989]

Does that xx/01/2014 date correspond with when the debt was assigned/sold to MMF you think ?

I'm not too sure! In the POC, the assigned date is mid-February 2014.

I also had a look on Experian (MSE) - same as above, however last updated date is xx/12/2013 - same status and balance etc. - maybe the update date is slightly different for each CRA?