Final Demand, Moriarty Law. Need advice

karlstraz · 15 August 2016 at 11:28AM

Bit of a back story, was a stupid 18 year old and got into debt up to the age of 21 and could not afford any repayments, Some have now been wrote off & settled. I'm now 25

I have not had contact or made any payments to Moriarty Law but i received a letter saying final demand and referenced a letter from 2014? I don't remember receiving a letter then but it is besides the point.

It was with Merligen investments & I don't even remember who the original debt is with.

They are threatening court proceedings for £150. I'm worried, broke and don't know what to do, any advice would be appreciated.

Thanks in advance

sourcrates · 15 August 2016 at 11:47AM

Hi,

They threaten court proceeding a lot, its a standard DCA threatogram you have received, if you read it carefully, it will say "we may take action through the courts".

That's twice in two weeks Moriarty Law`s name has cropped up on this forum, must of bought up a lot of old debt and are now currently chasing these up.

Well you have a choice OP, you can either send Mr Moriarty the "provit letter", which basically asks them to prove you owe this money they are chasing you for, you can find the link to the letter in the stickies at the top of this forum.

Or, you can ignore them and take your chances, its entirely up to you how you proceed.

karlstraz · 15 August 2016 at 12:04PM

I will read over it again but at first glance it looked like a "final demand before we DO issue court proceedings" would they really do this over £150?

I appreciate your reply!

National_Debtline · 15 August 2016 at 12:42PM

Hi Karlstraz,

Whether the letter says that they will take court action or they may take court action doesn't really matter, I think Sourcrates raised a good point which is. that if you do not recognise the debt you should ask for more information about it. This is the best time to ask because the debt collector should either send you more details or back off. If they continue to chase you without sending more information you can complain under the FCA Guidelines of harassment or it may help you in court (if it goes that far, you will need legal advice).

Debts get passed and sold on a lot. If you moved property then you may have missed letters and lost track of something, and whilst ignoring it is an option, it is risky. If the debts were built up until you were about 21 years old and you are now 25 this debt is (at best) could be 4 years old. So the statute of limitations still has potentially 2 years on it (2 years to take you to court). I think finding out more will be more beneficial to you, especially as you have worked so hard clearing your debts to this point. Good luck,

Laura
@natdebtline

sourcrates · 15 August 2016 at 2:40PM

karlstraz wrote: »

I will read over it again but at first glance it looked like a "final demand before we DO issue court proceedings" would they really do this over £150?

I appreciate your reply!

Debt collection is a funny old business.

I have known debts of tens of thousands of pounds be ignored, and a debt of £80 go to court.
(actually less than 10% of defaulted debts end up in court).

There just does not seem to be any rhyme or reason to how these companies operate unfortunately.
As I said, all DCA letters are cleverly designed to get you to contact the company concerned, they will say anything, just to grab your attention, send the provit letter to them, see what they come back to you with, oh, and don't even think about contacting them on the phone, keep it written contact only.

karlstraz · 15 August 2016 at 3:13PM

whats the reason behind no phone contact, but written is ok? just curious first time iv been in this position.
Really appreciate your help its a great help

Kind Regards

sourcrates · 15 August 2016 at 3:26PM

karlstraz wrote: »

whats the reason behind no phone contact, but written is ok? just curious first time iv been in this position.
Really appreciate your help its a great help

Kind Regards

I'm assuming from that statement, they don't hold a phone number for you, good, keep it that way.

The main weapon of choice for a DCA is the telephone, imagine a call centre, full of people on the phones, that is how a DCA operates on a day to day basis, they will use the phone to call you up to 5 times a day, they can intimidate you, tell you all kinds of untruths, demand payment from you etc etc.

They will say things on the phone they would never dare put into writing, although they are not as bad now as they used to be, after a series of high profile wrist slapping exercises by the old OFT, they can still be bloody annoying, so best all round not to let them have your phone number.

karlstraz · 15 August 2016 at 3:38PM

No Problem thanks for the advice! just had a look over the letter again it says its a final demand but gives no deadline date or to be paid before date at all?

theyogl · 20 February 2018 at 12:25AM

Hello... could someone kindly show me wher access to the "provit letter" is?
Yeah! I got Mr Moriarty from like 5 years ago

sourcrates · 20 February 2018 at 10:32PM

theyogl wrote: »

Hello... could someone kindly show me wher access to the "provit letter" is?
Yeah! I got Mr Moriarty from like 5 years ago

You can find it here :

http://forums.moneysavingexpert.com/showthread.php?t=2607247

EliseB · 4 March 2018 at 4:28PM

Hi
I have a final demand before proceedings from Moriarty Law. I had a demand around 6 months ago and sent them a proveit letter. They've produced documentation which shows an account balance with TalkTalk going back to May and July 2012. There's also an assignment letter (assigning to JC International), sent to another address where I lived for a few months. This assignment letter is dated May 2014. I haven't seen any of this documentation before - I wasn't even living in the country from 2011 to 2014. I did have an arrangement for Broadband with TalkTalk, but I terminated it in July 2011 when I moved out of the property. The next tenant took the arrangement over and I paid my balance in full - something I always do. I haven't had any dealings with TalkTalk at all since July 2011. Unfortunately I've changed my bank so can't get on to the electronic banking confirm the final payment, but it just isn't in my nature to leave a debt unpaid. The statements they've sent show several unexplained "adjustments' to the account - added on one month, taken off the next, so I think TalkTalk's records must have been in a bit of a mess at the time. Although they show the 'adjustments' they don't show how the initial balance is made up. I believe that they probably simply failed to put my final payment onto the account when I closed it. What should I do please? They're asking for several hundred pounds which I know I don't owe and have no intention of paying but I'd hate to have a blot on my credit history. Would you advise paying a solicitor to deal with it for me?
I'd really appreciate any advice you can give and thank you in advance for time spent in responding.

Final Demand, Moriarty Law. Need advice

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