Moriarty Law / MMF / Wageday Advance

[Axle_81]

Hi

Have received the attached from Moriarty law threatening court action if a total amount of £986.25 is not settled within 14 days (now 7 by the time I got around to dealing with it).

I've got nothing on any of my Credit files relating to this so no idea when it's from.

I've not dealt with defending a short term loan before, only credit cards and long term loans etc so unsure of next steps.

Thank you

Axle

[Kati]

Re: Moriarty Law / MMF / Wageday Advance

tagging [MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] [MENTION=87380]Diana M[/MENTION] xx

[Diana M]

Re: Moriarty Law / MMF / Wageday Advance

Have received the attached from Moriarty law threatening court action if a total amount of £986.25 is not settled within 14 days (now 7 by the time I got around to dealing with it).

I've got nothing on any of my Credit files relating to this so no idea when it's from.

I've not dealt with defending a short term loan before, only credit cards and long term loans etc so unsure of next steps.

That reads like a Letter Before Claim/Action.

Send Motormile Finance UK Ltd a s 77-79 CCA Request immediately. This forum has a template letter you can use here > http://legalbeagles.info/library/gui...etter-example/

Send it Royal Mail 1st Class Recorded Delivery on Monday. Don't forget to include a £1 postal order for the statutory fee.

At the same time send a copy of it to Moriarty Law (also recorded delivery).

If you don't recognise the debt (i.e. never had a WageDay loan) then @Debt Camel has a good "Prove It!" template letter on her website which you can send to Moriarty Law > https://debtcamel.co.uk/prove-it/

I see no harm in you sending Moriarty Law that 'Prove It!' letter as well as a copy of your CCA Request.

Di

[nemesis45]

Re: Moriarty Law / MMF / Wageday Advance

[ed

Did you at anytime take out a wage day loan?
Has such a debt appeared previously on you credit files.
In the past I have seen that MMF have acquired payday loan accounts without them being defaulted by the original creditor and/or
not reported on credit files at all.

nem

[Axle_81]

Re: Moriarty Law / MMF / Wageday Advance

I probably have, though I don't recall when.

It's never appeared on my credit file, I've checked all 3, and no default.

[Diana M]

Re: Moriarty Law / MMF / Wageday Advance

I probably have, though I don't recall when.

In which case send the CCA Request which I suggested in post # 3 but not the "Prove It!" letter.

Di

[Debt Camel]

Re: Moriarty Law / MMF / Wageday Advance

I agree that looks a lot like a letter before action. I think you need to take URGENT steps to try to halt court action.

You can send the CCA request but I would be surprised if they can't produce the CCA agreement,. This route is not very likely to work for WDA payday loans, although it's worth a try.

I suggest you read https://debtcamel.co.uk/payday-loan-refunds/ and put in an immediate affordability complaint to Wageday Advance. Don't delay. Go straight to the step two complaint in that link, you don't have time to go the leisurely route and ask them to send you a list of your loans first.

In that step 2 letter, add a bit which says you have been told by MMF that they now own a debt of yours but you have no knowledge of owing WDA any money Ask them to send you a complete history of your account.

If WDA reject your complaint, send it to the Financial Ombudsman the same day. No delays.

If WDA tell you to talk to MMF about the last loan you defaulted on (assuming you did) then repeat that you want WDA to look at your complaint about irresponsible lending and, if they refuse, send it to the Ombudsman.

Tell MMF in writing that you have no recollection of owing WDA any money and that if you did, the loan would have been unaffordable. Tell them you have sent WDA a complaint about irresponsible lending and ask MMF to hold off on any enforcement action until the dispute about the debt has been resolved.

If the complaint goes to the Ombudsman, tell MMF in writing the same day that you have done this and you are still disputing the debt.

MMF should not start court action whilst there is a dispute underway. It is going to be a LOT easier to win this case with the ombudsman than in the courts.

(You could also look at putting in affordability complaints to any other payday lenders you have used - with any luck you may be able to get enough money back to pay off this MMF claim if your affordability complaint to WDA doesn't work! )

[warwick65]

Re: Moriarty Law / MMF / Wageday Advance

If your WDA loan was the same as mine it was a fixed term. As such I believe a S87 default notice is not necessarily needed neither is any marker on your credit file. They would though, I think need to send a formal demand for payment.
I have pay day loans that have never appeared on my credit file because the lenders chose not to report them.

I would follow the advice given by Diana m and debt camel

[Diana M]

Re: Moriarty Law / MMF / Wageday Advance

If your WDA loan was the same as mine it was a fixed term.

If WDA loans were fixed term then it's likely they would/should have been regulated by the Consumer Credit Act so I think the OP should still send the s 77-79 CCA Request asap to Motormile Finance with a copy to Moriarty law (as well as starting a complaint to WDA) since time is of the essence when you receive a LBA.

Di

[warwick65]

Re: Moriarty Law / MMF / Wageday Advance

If WDA loans were fixed term then it's likely they would/should have been regulated by the Consumer Credit Act so I think the OP should still send the s 77-79 CCA Request asap to Motormile Finance with a copy to Moriarty law (as well as starting a complaint to WDA) since time is of the essence when you receive a LBA.

Di

I didn't mean to suggest a cca request was not a good idea. It most certainly is.

[Diana M]

Re: Moriarty Law / MMF / Wageday Advance

I didn't mean to suggest a cca request was not a good idea. It most certainly is.

Sorry if my post wasn't clear. I was thanking you for agreeing it was a good idea to send the CCA Request in case the OP thought it was a waste of time after reading the second paragraph of post #7

Maybe they can produce a compliant agreement but the object of the exercise is to prevent legal proceedings which takes the situation out of the OP's control.

Di

[Guest]

Re: Moriarty Law / MMF / Wageday Advance

I didn't mean to suggest a cca request was not a good idea. It most certainly is.

Many DJ are now taking a very strong line on consumer debts, Could be a problem in the future.

[Diana M]

Re: Moriarty Law / MMF / Wageday Advance

Many DJ are now taking a very strong line on consumer debts, Could be a problem in the future.

In what way?

DJs have always taken a strong line on consumer debt but when faced with the relevant legal arguments and case law to back it up then they have no option but to dismiss a claim or perhaps face an appeal.

Di

[Debt Camel]

Re: Moriarty Law / MMF / Wageday Advance

I didn't say not to request a CCA, I said you can't rely on that route working.

[warwick65]

Re: Moriarty Law / MMF / Wageday Advance

Many DJ are now taking a very strong line on consumer debts, Could be a problem in the future.

They can take whatever line they like but they need to interpret the law as it stands. DJs should not and can not ignore a well argued defence using legislation.