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Hello, as some will probably surmise I already have an outstanding claim with Reston's but it seems Moriarty Law now want to try and have a go, thankfully due to the responsive replies by some key members of this forum I have learned a fair bit in such a short amount of time so should be able to keep this one short and sweet.
Received a claim? Yes
Issue Date: 10/08/17
Have you Acknowledged the Claim?: Yes with intent to defend in full
Total Amount Claimed: 1000.28
Claimant’s Name: Motormile Finance UK LTD (MMF)
Solicitors Firm: Moriarty Law
Original Creditor: CASHEURONET LLC T/A Quick Quid
Original Debt (eg. Credit card/Loan/Overdraft) : Payday Loan / Regulated Loan Agreement
Particulars of Claim: THE DEFENDANT OWES THE CLAIMENT £805.82 UNDER A REGULATED LOAN AGREEMENT WITH CASHEURONET LLC T/A QUICK QUID DATED 03/01/2013 AND WHICH WAS ASSIGNED TO THE CLAIMANT ON 31/11/2016 AND NOTICE OF WHICH WAS GIVEN TO THE DEFENDANT ON THE 20/11/16 (DEBT). DESPITE FORMAL DEMAND FOR PAYMENT OF THE DEBT THE DEFENDANT AS FAILED TO PAY AND THE CLAIMANT CLAIMS £805.82 AND FURTHER CLAIMS INTEREST THEREON PURSUANT TO THE SECTION 69 OF THE COUNTY COURT ACT 1984 LIMITED TO ONE YEAR TO THE DATE HEREOF AT THE RATE OF 8.00% PER ANNUM AMOUNTING TO £64.46
Is the debt Statute Barred. No
List any letters you have sent: CCA & CPR Ready to go
Any Other Information or Background Details:
SO basicly many moons ago as previously mentioned I went through a lot of hardship and payday loans became a source of money to pay much more important debts.
Having already emailed QuickQuid with an Affordability Complaint to which I received no reply and a phone call to Moriarty Law to explain that I had protested the case on Affordability grounds they have since gone through with the claim process.
I must point out that in my naivety I was coerced on the phone into making a payment plan to which I gave no details just a verbal agreement that I would pay the first installment in a weeks time.
FYI this particular payday loan was a roll-over one, I could top up to and make various repayments over a extendable period of time, I'm not sure if this changes things but I certainly do feel that it was made easier for me to get into debt.The only questions I have so far are:
1. Is there anything in particular about the standard CCA request form that needs to be changed to accomodate payday loans/regulated loan agreement
2. Can I SAR quick quid or is that likely to be a pointless exercise.
3. Does it make any difference that in the Particulars of Claim the solicitor has failed to address the account number and/or reference to which I would need should I fail to recognize any of the alleged debt?
Thank you.
The claim form can be seen here: https://ibb.co/kpLtNF
Received a claim? Yes
Issue Date: 10/08/17
Have you Acknowledged the Claim?: Yes with intent to defend in full
Total Amount Claimed: 1000.28
Claimant’s Name: Motormile Finance UK LTD (MMF)
Solicitors Firm: Moriarty Law
Original Creditor: CASHEURONET LLC T/A Quick Quid
Original Debt (eg. Credit card/Loan/Overdraft) : Payday Loan / Regulated Loan Agreement
Particulars of Claim: THE DEFENDANT OWES THE CLAIMENT £805.82 UNDER A REGULATED LOAN AGREEMENT WITH CASHEURONET LLC T/A QUICK QUID DATED 03/01/2013 AND WHICH WAS ASSIGNED TO THE CLAIMANT ON 31/11/2016 AND NOTICE OF WHICH WAS GIVEN TO THE DEFENDANT ON THE 20/11/16 (DEBT). DESPITE FORMAL DEMAND FOR PAYMENT OF THE DEBT THE DEFENDANT AS FAILED TO PAY AND THE CLAIMANT CLAIMS £805.82 AND FURTHER CLAIMS INTEREST THEREON PURSUANT TO THE SECTION 69 OF THE COUNTY COURT ACT 1984 LIMITED TO ONE YEAR TO THE DATE HEREOF AT THE RATE OF 8.00% PER ANNUM AMOUNTING TO £64.46
Is the debt Statute Barred. No
List any letters you have sent: CCA & CPR Ready to go
Any Other Information or Background Details:
SO basicly many moons ago as previously mentioned I went through a lot of hardship and payday loans became a source of money to pay much more important debts.
Having already emailed QuickQuid with an Affordability Complaint to which I received no reply and a phone call to Moriarty Law to explain that I had protested the case on Affordability grounds they have since gone through with the claim process.
I must point out that in my naivety I was coerced on the phone into making a payment plan to which I gave no details just a verbal agreement that I would pay the first installment in a weeks time.
FYI this particular payday loan was a roll-over one, I could top up to and make various repayments over a extendable period of time, I'm not sure if this changes things but I certainly do feel that it was made easier for me to get into debt.The only questions I have so far are:
1. Is there anything in particular about the standard CCA request form that needs to be changed to accomodate payday loans/regulated loan agreement
2. Can I SAR quick quid or is that likely to be a pointless exercise.
3. Does it make any difference that in the Particulars of Claim the solicitor has failed to address the account number and/or reference to which I would need should I fail to recognize any of the alleged debt?
Thank you.
The claim form can be seen here: https://ibb.co/kpLtNF
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