Uncle Buck Finance (Moriarty Law)

[Darter245]

Hello everyone,

I have posted on here previously and received excellent help and support and I would very much appreciate the same again please. I have received a claim form Northampton County Court the details will follow, issue date of the form is 2nd August, I have acknowledged the claim and stated I will defend it. I am in the process of sending the relevant requests off to Claimant and Claimants solicitors and aim to have these posted in the next couple of days.

CLAIMANT

Uncle Buck Finance LLP
Riverbridge House
Dartford

SOLICITORS

Moriarty Law
15 Old Bailey
London

PARTICULARS OF CLAIM

THE DEFENDANT OWES THE CLAIMANT £862.92
UNDER A REGULATED LOAN AGREEMENT DATED
THE 23/11/2018 WITH
UNCLE BUCK FINANCE LLP (DEBT)
BUT DESPITE FORMAL DEMAND FOR PAYMENT THE
DEFENDANT HAS FAILED TO PAY THE DEBT AND
THE CLAIMANT CLAIMS £799.00 PLUS
INTEREST THERON PURSUANT TO
SECTION 69 OF THE COUNTY COURT ACT 1984
AT THE RATE OF 8.00 PER ANNUM
LIMITED TO ONE YEAR TO THE DATE HEREOF
AMOUNTING TO £63.92

It has been a while since I have done this what are the immediate things I should be concerning myself with, the Defence? I am a little late in writing the requests and responding as I have just been a fairly traumatic experience but enough of that,

Many thanks as always

Micky

[Darter245]

With regards to writing the CCA request on the Particulars Of Claim there's no mention of an agreement number or reference number so how do I go about asking for information without this?

Micky

[Darter245]

Also there's no mention of default letters, account numbers, contracts etc so in the Particulars of Claim so there's not a lot or anything I can put in the request for information to Moriarty Law surely?

[Amethyst]

You can send the CCA request to the creditor ( Uncle Buck ) regardless of what is mentioned in the Particulars.

CCA Request
Also send a SAR to Uncle Buck -

Subject Access Request Letter


To Moriarty Law you can send the CPR 31.14 ( and inform them of the CCA request ) and ask for the agreement and formal demand.

THE DEFENDANT OWES THE CLAIMANT £862.92

UNDER A REGULATED LOAN AGREEMENT DATED

THE 23/11/2018 WITH

UNCLE BUCK FINANCE LLP (DEBT)

BUT DESPITE FORMAL DEMAND FOR PAYMENT THE

DEFENDANT HAS FAILED TO PAY THE DEBT AND

THE CLAIMANT CLAIMS £799.00 PLUS

INTEREST THERON PURSUANT TO

SECTION 69 OF THE COUNTY COURT ACT 1984

AT THE RATE OF 8.00 PER ANNUM

LIMITED TO ONE YEAR TO THE DATE HEREOF

AMOUNTING TO £63.92

They don't mention default or termination so that might be in your favour later. There's no assignment as the lender is the claimant ( but check the agreement was actually with Uncle Buck Finance LLP.


Do you recall much about the debt? Was it a one off loan for cash ? How much was the original loan for ?

[lexaplay]

Thanks for sharing this great. Keep sharing more useful and conspicuous stuff like this. Thank you so much

[Darter245]

Hi Amethyst

Thanks for your time and helpful thoughts. I will finish writing the CCA and CPR 31.14 request's tonight and get them posted registered delivery first thing tomorrow morning. I will also get that SAR fired off with them as well.

Yeah unfortunately and stupidly it was supposed to be a short term one off loan at Xmas time and the original amount borrowed was £400.00 exactly. I'm busy trying to search thru previous emails to have a look thru any correspondence I had with Uncle Buck.

Thanks

Micky

[Darter245]

Hi

One other thing that I wanted to ask is if there is no account number or reference number relating to myself on the Particulars of Claim then how do I identify myself when writing to them? Would I just use the Loan Number that I have in correspondence that i have had from Uncle Buck?

Micky

[Darter245]

Hi all

Would the following be ok as a basic defence?


DEFENCE

1. The Defendant received the claim xxxxxxx from Northampton County Court 02 August 2019.

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 Loan agreement regulated under the Consumer Credit Act 1974.

4. It is denied that the Defendant has previously entered into an agreement with Uncle Buck Finance LLP for provision of credit.

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

6. The Claimants Particulars of Claim states the agreement was entered into on 23/11/2018.

7. It is denied that Uncle Buck Finance LLP 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. The Claimant is required to prove that any Default notice relied upon compiled with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

8. On the 22/08/2019 The Defendant 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 Formal Demand.

9. Moriarty Law has not sent any of these documents to the Defendant.

10. On the 22/08/2019 The Defendant sent a formal request for a copy of the original agreement to Uncle Buck Finance LLP pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. 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.

12. 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.

13. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order the Defendant to fully plead his case else the Claim should stand struck out.

14. It is denied that the Claimant is entitled to relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.


Signed


Dated


Thanks

Micky

[Darter245]

Hi

Defence has been submitted and all is good so far. I have received a response from Uncle Buck LLP today regarding my CCA request, however it appears a waste of paper. They haven't acknowledged the CCA request or provided any paperwork, all they have done is sent a letter with their bank details on and not a great deal more.

Micky