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

[ecalid]

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.

Ok so having requested the N.O.A and D.N from Moriarty Law are they legally obliged to provide me this information?? And if they do not, would this be considered good grounds for a defence?

Yes it was a rolling credit, "Flexi Credit". It was initially just a few pounds but then spirallee into maxing thr e credit limit as I couldnt afford to repay.

I am in the process of SAR'ing QuickQuid.

[ecalid]

Re: Motormile Finance / Moriarty Law vs ecalid

This is the defence that i filed.

I hiwever got confused with the various sections (77-78-79) of the credit act and having reached the time limit may have input the wrong section.


1: I received the claim ----------- from the Northampton County Court on 12/08/17.

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 Regulated Loan Agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The Claimants statement of case states that the account was assigned from CashEuroNet LLC Quick Quid to Capquest Investments Limited on or around 30/11/17. The Defendant does not recall receiving notice of this assignment.

6. It is denied that CashEuroNet LLC Quick Quid 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.

7: On the 14/08/17 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. I requested the Claimant provide copies of the Agreement and Assignment Notices.

8. Moriarty Law has not sent any of these documents to me.

9. On the 14/08/17 I sent a formal request for a copy of the original agreement to Motormile Finance UK LTD (MMF) pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

11. 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.

12. 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.

13. 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.

14. 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.

[Amethyst]

Re: Motormile Finance / Moriarty Law vs ecalid

Aye 77 is a loan(fixed sum), 78 is running credit (credit card, account like this Quikquid one I guess) - if not sure I usually leave it as s 77- 79 but no matter. The claimants haven't specified if it was a loan or running credit in their POC just a
REGULATED LOAN AGREEMENT so you will be fine pleading that for now and as a LIP in small claims can amend via witness statement if needed later.

Are you posting a copy of the agreement you received? ( might be easiest if you can print to a PDF doc if it's 23 pages long - save wasting 3 hours trying to upload 23 pages on here ) - email admin@legalbeagles.info if you like ( though I am out for a while today - Ikea trip for daughter's uni stuff) - could ask [MENTION=49370]Kati[/MENTION] actually if she's about - Kati@legalbeagles.info

[Kati]

Re: Motormile Finance / Moriarty Law vs ecalid

could ask @Kati actually if she's about - Kati@legalbeagles.info

I'm always about somewhere (you can't get rid of me that easily lol)

feel free to email the docs to me if you need to [MENTION=103559]ecalid[/MENTION] ... I'm happy to redact/post them up for you. Just put a link to this thread (or tell me your username) in the email so I can find it easier xx

[warwick65]

Re: Motormile Finance / Moriarty Law vs ecalid

Where do Capquest come into this. Para 5,?

"otherwise looks standard enough and can be use as a Base for a WS

[ecalid]

Re: Motormile Finance / Moriarty Law vs ecalid

As soon as I get home I shall scan the 23 pages and put them in a PDF. I am inclined to omitt personal details however for the avoidance of doubt I will not because they appear to have gotten my address wrong at one point. Would admin be able to omitt these once they have assessed the document?

- - - Updated - - -

Where do Capquest come into this. Para 5,?

"otherwise looks standard enough and can be use as a Base for a WS

I am glad you have highlighted this for me as I didnt even notice it. In my haste to post the defence to the court it looks like I may have gotten MMF cobfused with Capquest from another claim.

This really isnt shaping up to work out in my favour is it :/

[ecalid]

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 .

Hi, here is the CPR I sent to Moriarty Law.

Dear Sirs,
Claim Number: --------
Request for documents mentioned in a statement of case under CPR 31.14
On 10/08/17 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 12/9/2017.
1. A copy of the “Regulated Loan Agreement”
2. A copy of the Notice of Assignment
3. A copy of the Default Notice
4. Copies of Formal Demands

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 will have to 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.


Also please find enclosed a copy of the CCA request I have posted to your client Motormile Finance UK LTD

I trust this should be satisfactory evidence of my request and would like to remind you that it is my understanding that under the Consumer Credit act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under sections 77-79 of the Consumer Credit Act 1974.

I look forward to hearing from you.

Yours sincerely

[warwick65]

Re: Motormile Finance / Moriarty Law vs ecalid

Hi
I think you might get away with it as a Lip. You might want to acknowledge the mistake when writing your WS

[ecalid]

Re: Motormile Finance / Moriarty Law vs ecalid

Sorry what is LIP??

[Kati]

Re: Motormile Finance / Moriarty Law vs ecalid

Sorry what is LIP??

Litigant In Person xx

[warwick65]

Re: Motormile Finance / Moriarty Law vs ecalid

Ta Kati

It means when you represent yourself. You often get a little more leeway with the rules as long as you don't abuse them.

The downside is not being able to express legal arguments as well. Sadly also it seems some judges think of us as debt avoiders and not just fighting for our legal rights.

[Kati]

Re: Motormile Finance / Moriarty Law vs ecalid

got it [MENTION=103559]ecalid[/MENTION] (I've redacted the bit off the top of each page too )
[MENTION=6]Amethyst[/MENTION] xx

[Amethyst]

Re: Motormile Finance / Moriarty Law vs ecalid

Thanks Kati ( I've got the attachment just unapproved it as address is on pg 21)

[Kati]

Re: Motormile Finance / Moriarty Law vs ecalid

Thanks Kati ( I've got the attachment just unapproved it as address is on pg 21)

I missed one?? 2 tics xx

[Kati]

Re: Motormile Finance / Moriarty Law vs ecalid

here ya go (sorry) xx