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

[ecalid]

Re: Motormile Finance / Moriarty Law vs ecalid

Thanks guys

[ecalid]

Re: Motormile Finance / Moriarty Law vs ecalid

Any thoughts guys??

[Kati]

Re: Motormile Finance / Moriarty Law vs ecalid

Any thoughts guys??

I'm sure you'll get replies soon xx

[ecalid]

Re: Motormile Finance / Moriarty Law vs ecalid

I hope so

[ecalid]

Re: Motormile Finance / Moriarty Law vs ecalid

Can anybody comment on the authenticity of the agreement? :/

[Amethyst]

Re: Motormile Finance / Moriarty Law vs ecalid

Morning, applied for online or in person? The signature section that you've blocked out - did that include your signature or just an X ? Any signature of the creditor ?

[warwick65]

Re: Motormile Finance / Moriarty Law vs ecalid

I have to be honest and say it all looks ok to me BUT they have not shown you the Default notice and they have not shown you any details of assignment .

There are also other technicalities that [MENTION=6]Amethyst[/MENTION] might be able to explain about things like sums in arrears that to be honest i don't understand.

[ecalid]

Re: Motormile Finance / Moriarty Law vs ecalid

Morning, applied for online or in person? The signature section that you've blocked out - did that include your signature or just an X ? Any signature of the creditor ?

I believe it was online and the signature on the agreement that they have presented to me is just an X.

Under "Signed for on Behalf of the creditor" There is the name of "David Fisher, President, CNU Online Holdings, LLC, As sole member of CashEuroNetUK, LLC (t/a QuickQuid)" with a date and time.
but no physical evidence of a signature or an X like my own alleged signature.

[ecalid]

Re: Motormile Finance / Moriarty Law vs ecalid

I have to be honest and say it all looks ok to me BUT they have not shown you the Default notice and they have not shown you any details of assignment .

There are also other technicalities that @Amethyst might be able to explain about things like sums in arrears that to be honest i don't understand.

In your opinion why do you think Moriarty Law is ignoring my CPR request?, surely in doing so they are only setting themselves up to fail?

[ecalid]

Re: Motormile Finance / Moriarty Law vs ecalid

Just to reiterate, I am going to send the SAR request asking for the following documentation:

· Full and legible copies of all contracts and agreements that have existed between myself and your organisation, including copies of any documents you hold in support of same. This is to include account no.

· Full and legible copies of all statements relating to the above accounts. This is to include all credits, debits, charges & interest applied to my account(s) including details of any instances that required manual intervention. It is also to include monthly account balances.

· Full and legible copies of all correspondence, including all letters, faxes, emails and memos sent and received between ourselves, and any other third party in relation to any of the above accounts.
· Full unedited copies of any telephone recordings and/or transcripts of these recordings as well as any logs or journals that relate to them.

· Full and legible copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

· Full details and legible copies of any documents upon which you relied when you have provided my personal or financial information to any individual, organisation or third party.

· Full and legible copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information.

· Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of the same, and at the time it was held or provided to a third party.
If any data has been deleted or disposed of, the methods used to do so, including dates, reason for deletion, certificates or documents confirming details of destruction. If you are unable to provide such certificates, then I require a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

Is this adequate?

[warwick65]

Re: Motormile Finance / Moriarty Law vs ecalid

In your opinion why do you think Moriarty Law is ignoring my CPR request?, surely in doing so they are only setting themselves up to fail?

I think they are probably being arrogant and thinking they will win regardless or they do not want to waste time and money on something they will lose

So sorry, I am a sit on the fence kinda person - see all possible sides

[ecalid]

Re: Motormile Finance / Moriarty Law vs ecalid

Just an update.

I still havent recieved any documentation relating ylto the CPR request i had sent and MoriartyLaw keep ringing me every now and again.

I have rang the court after 28 days of recieving the letter stating that the court will send the defense to ML. They still havent contacted the court eith their intentions.

The court says they have 33 days which will be this monday. So will ring back up on tuesday.

[warwick65]

Re: Motormile Finance / Moriarty Law vs ecalid

Hi
You can just check on MCOL to see what the latest status is , I remember mine said DQ sent

[ecalid]

Re: Motormile Finance / Moriarty Law vs ecalid

Just an update to let you know that MoriartyLaw did not reply to the court and the claim is now stayed.

Even having the CCA agreement it seems they are reluctant to pursue the judgement?? Odd behaviour

[ecalid]

Re: Motormile Finance / Moriarty Law vs ecalid

Hello, sorry to bump up an old thread but there has been some developments in this case.

So Moriarty Law after sending the CPR request on 14/08/17 they have responded on the 20/11/17. Over 3 months after the request?

The contents include a statement of account, copy of the agreement and an assignment notice that was issued on the 06/12/2016, however on their particulars of claim after the sentence - of which Notice was given to the defendant (Debt), has the date 30/11/16, the same date as which they allege to have assigned the debt.

Am I right in thinking that corresponding to the particulars of claim, in the notice of assignment, the date the debt was assigned shouldn't take precedence over the date that the notice was GIVEN/delivered at my house.

As the solicitor has took almost 3 months to collect the data and send it to me, can I reasonably assume that the solicitor never had the correct details in the first place, and in this instance any discrepancies between the two dates may be a breach of rules and I could remind them of rule 3.5 of the Practice Direction 16, as well they would now have to convince a judge to lift the stay.

Surely their blatent lack of interest in pursuing the claim even with the neccesery information they could proceed with, is a abuse of process in its own right, by allowing it to become stayed?? They have still failed to produce the DN that I requested in the CPR.

Are they using (Debt) in the sentence to identify the actual assignment, not the notice and are just using clever wording to be contentious?

And finally it is my belief that the notice is only considered assigned after both "hello" and "goodbye" letters have been recieved, which they have not and ML have failed to supply.

Any thoughts guys??
Thanks...