**DISCONTINUED** Motormile Finance / Moriarty Law vs ecalid

[ecalid]

Re: Motormile Finance / Moriarty Law vs ecalid

Also it seems that they have failed to submit my statement of account

[warwick65]

Re: Motormile Finance / Moriarty Law vs ecalid

Depends what you mean by statement of account.

It only needs to be a signed document stating the outstanding balance- no need for a full statement but I hope you are right.

Remember as well the CCA says they must be supplied together , not in bits n bobs

[ecalid]

Re: Motormile Finance / Moriarty Law vs ecalid

This paperwork seems to be the initial agreement I signed allowing the Flexi Credit so it actually fails to mention the outstanding balance or how much I owe, only how much my credit limit is.

It only states the terms and conditions, interest rates ect ect. No relevent figures pertaining to my account.

Each page is numbered up to page 23 so i am assuming this is one document.

Also the request to be filfulled took more than 12 days, so I am led to believe it has defaulted in some way??

The CPR 31.14 request still remains unanswered, I have entered into my defence the absence of an agreement and CPR particulars so where do I stand on a legal stance now....
Confused

[warwick65]

Re: Motormile Finance / Moriarty Law vs ecalid

The 12 days is a bit of a red herring I am afraid. Once the 12 days are up it is unenforceable UNTIL they comply and there are no penalties for it being late- even years late . You may think that is very wrong - so do I


Is there a cover page with the agreement saying something like
Please find the attached in response to your S77-79 request
The outstanding balance is xxxxxx

[ecalid]

Re: Motormile Finance / Moriarty Law vs ecalid

The 12 days is a bit of a red herring I am afraid. Once the 12 days are up it is unenforceable UNTIL they comply and there are no penalties for it being late- even years late . You may think that is very wrong - so do I


Is there a cover page with the agreement saying something like
Please find the attached in response to your S77-79 request
The outstanding balance is xxxxxx

Yes there is the cover letter from MMF stating my balance, referencing recent communication and enclosed as requested in their own words "Copy agreement information".

Also how nice of them to refund me the £1 postal order.

In the agreement it does mention that my credit limit is £450, the balance currently stands at £1000.28, it beggars belief how much interest they put on these loans.

[warwick65]

Re: Motormile Finance / Moriarty Law vs ecalid

Hi
So they have supplied a statement of account as well as a copy of the agreement which may fulfil their requirements under S78 although I would argue in my defence that it didn’t and then continue that it did not have my complete address on it. They may however get away with it as S78 is for info purposes only.

I do think that there are further arguments about unfair relationships and extortionate credit but I do not know how to argue those . Maybe [MENTION=551]pt2537[/MENTION] can point you in the right direction or [MENTION=87380]Diana M[/MENTION] or [MENTION=6]Amethyst[/MENTION]

[ecalid]

Re: Motormile Finance / Moriarty Law vs ecalid

I am inclined to agree with you on this, I hope that the Consumer Credit Act does in fact require the creditor to supply a full statement of account in relation to the executed agreement. I hope somebody can clarify this for me.

[warwick65]

Re: Motormile Finance / Moriarty Law vs ecalid

Ian afraid I know for fact a CCA request does not require a full statement of account however you might be able to force this through the courts but you would need to include it in your defence.

If it cheers you up (other peoples misfortune) I had a 200 debt with minicredit which last time I looked stood at £1200 .

[ecalid]

Re: Motormile Finance / Moriarty Law vs ecalid

Sorry I wasn't implying that your advice was inadequate.

So what are the next steps?

[ecalid]

Re: Motormile Finance / Moriarty Law vs ecalid

Just to reitterate, the credit agreement does not show any mention of owed balance pertaining to my account.

however the MMF cover note does, surely they could just be making this number up?

[warwick65]

Re: Motormile Finance / Moriarty Law vs ecalid

Sorry I wasn't implying that your advice was inadequate.

So what are the next steps?

I wasn't taking it personally - after all I had tagged a few people ,which may have given the impression I wasn't sure

Just to reitterate, the credit agreement does not show any mention of owed balance pertaining to my account.

however the MMF cover note does, surely they could just be making this number up?

There is no need for the credit agreement to show the owed balance but they should be able to show how the balance accrued .

Did you use one of the template defences on here?

I ask because they request that the claimant prove the money is owed- something that , if it is in your defence can easily be expanded on in a witness statement should it get that far

I don't know your circumstances but I guess if it was me and I was uncertain about how to deal with it, I might thing about making an instalment offer at mediation - not because I admit the debt but just because the stress was distracting me from the really important things in my life . I would probably offer 100 at £10 a month (my finances are that difficult) and go up to- well that would be telling . Of course you may be made of sterner stuff than me and be willing to fight it all the way

the other thing to bear in mind is that if you lose and pay it all within 28 days it will never show as a ccj although I know 1000 is one hell of a lot of money

- - - Updated - - -

Sorry should add, these are just suggestions and possible ways of dealing with it

I might be less cavalier if it was my claim - in fact i am fighting my claim tooth and nail although it is not a PDL

[ecalid]

Re: Motormile Finance / Moriarty Law vs ecalid

My defence basicly states that MMF has failed to produce the CCA agreement which they now have. And Moriarty Law has failed to send me the CPR documents, however they actually havent even acknowledged my letter or attempted to refute their responsibilities like restons did, however it has been signed and recieved.

How I interperate things atm is the CCA agreement only shows my credit limit, it shows no balance so surely the burden of proof falls onto the claiment and their representative to prove the debt and amount owed. They havent sent me any substantiating figures only demands.

I can post my defence up later along with the information I have recieved if somebody would like to peruse through??


It is worth noting that I did an affordability complaint emailed to quick quid some months ago, Moriarty Law persisted that i pay them even after telling them on the phone that there was an outstanding complaint.
A payment plan is definetly on the cards. I think to the best of my knowledge that i recieved a letter or email telling me that the debt had been passed on and was no longer anything to do with quickquid.

I may still have the recording of this conversation on my phone as I fortuitously always record phonecalls. Not sure if this would be any collateral though.

However I didnt put this into my defence as I didnt want to come accross as a rat jumping from a sinking ship trying everything in the book ultimately contradicting liability.

Please find the link below, does the failure to supply CPR 31.14 documents actually mean anything at this point?? As far as I am aware the claim hsnt gone into the fast track yet.

http://www.getoutofdebtfree.org/foru...?f=165&t=83728

[Amethyst]

Re: Motormile Finance / Moriarty Law vs ecalid

Okay so they have now sent the credit agreement ( an online agreement post 2007 ?) which appears to contain all the relevant terms.

So your remaining points are whether MMF have the right to collect on the debt ( notice of assignment etc ), whether Quikquid defaulted you properly ( so default notice ) and indeed, whether the amount being claimed is correct ( considering you borrowed £450 ( when you say credit limit of £450 I'm assuming a loan, or was it some kind of running account where you could draw down monies up to £450 and pay some back then draw it back down ? ) So you want full transaction statements detailing payments / debits / interest & charges. You could get that from QuikQuid under a SAR but maybe requesting a full breakdown of the sum claimed is in order from the claimant too.

It's also only £1000 so won't go to fasttrack just small claims track.

[warwick65]

Re: Motormile Finance / Moriarty Law vs ecalid

Hi
The claim will not go fast track as it is only£1000. Generally fast track is about £10000

Failure to comply with cpr 31.14 is unlikely to mean anything of significance unless you win and claim unreasonable conduct and hence costs. Cpr31.14 is not valid in the small claims track although until DQ’s have been exchanged and a judge decides which track it is, it is still valid.

GOODF , was generally a sham although two people on their did try and at times gave good advice but didn’t quite understand procedures - for example at one point they said substitute a CPR 18 for a CPR31.14 but that is not what a CPR 18 is for .

I believe that yes they need to show how the debt accrued but did you put that in your defence ?

It is not part of the CCA request

[warwick65]

Re: Motormile Finance / Moriarty Law vs ecalid

Yes you may want to SAR QQ to get a full list of transactions but do not tell the claimant you have it. It os for them to prove the claim, not for you to do their job for them.

Again- have you asked for the DN and did they send one? I guess not - did you include it in your defence?
Same questions about notice of assignment - did you ask for it, was it supplied , did you include assignment in the defence

If non of these items are in your defence it may be necessary to amend your defence as again, my understanding is that you can not plead what you haven’t included in your defence .

Ammending a defence does however cost money , I think either £100 if the claimant agrees or £255 if they do not .