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  • FIRST POST
    • Savalovski
    • By Savalovski 6th Jul 17, 6:26 PM
    • 2Posts
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    Savalovski
    Moriarty Law CCJ claim received
    • #1
    • 6th Jul 17, 6:26 PM
    Moriarty Law CCJ claim received 6th Jul 17 at 6:26 PM
    Hi,
    I've received a claim form from Moriarty Law for £350 plus costs, for a payday loan from 2012. I might've paid it but i probably didn't.
    I ignored all their previous letters not expecting that size a debt to be taken to court.
    What are my recommended next steps? I see some recommendations to get them to 'prove it'. Can i still do that, if yes, how?
    I can't afford the amount owing.
    Thanks in advance
Page 1
    • Arleen
    • By Arleen 6th Jul 17, 6:47 PM
    • 880 Posts
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    Arleen
    • #2
    • 6th Jul 17, 6:47 PM
    • #2
    • 6th Jul 17, 6:47 PM
    Since you owe the money your best bet is to fill in the form that you admit to owe the money and offer a payment of X every month, where X is an amount you can actually pay every month, even if it's just couple pounds. This will save you from costs of hearing being tacked on.
    • nic_c
    • By nic_c 7th Jul 17, 7:34 AM
    • 823 Posts
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    nic_c
    • #3
    • 7th Jul 17, 7:34 AM
    • #3
    • 7th Jul 17, 7:34 AM
    Now that a claims form has been sent you have a limited time to respond. Normally 14 days after its deemed served (which is the business day after the normal delivery time, so depends if sent recorded, 1st, or 2nd class).No response could result in a default judgement, with costs. Responding to the form with an amount you can afford (even if just £1 per month) will result in a judgement by Admission, with different costs. The costs are set by court based on the amount of the claim and can be found on the web. They have gone as far as the claims stage so if you are offering a small amount then I would assume they would still go ahead with the CCJ as it gives them more leverage to ensure you pay.
    You can fill in the defence section if you want to dispute part/all the balance. I suppose you could simply ask them to prove it, but if they do so to the courts then your defence will be struck out and you get a judgement saying you are liable to pay the full balance within the month.
    You can request for Acknowledgement of Service to give more time to mount a defence.
    You may want to seek your own legal advice, e.g. CAB and take along as much details/proof you have
    • StopIt
    • By StopIt 7th Jul 17, 9:04 AM
    • 670 Posts
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    StopIt
    • #4
    • 7th Jul 17, 9:04 AM
    • #4
    • 7th Jul 17, 9:04 AM
    Have you got any of the previous letters?


    In these letters may be the proof you're asking about, making a Prove-It request not only pointless, but counterproductive. However if they haven't provided proof of debt, it can be a good way to delay and potentially strike out the claim. The debt is less than 6 years old so it wont be statute barred.


    Find any letters, especially any letters before action you can, make an appointment with the CAB urgently. If you acknowledge service of the claim it'll give you 28 days to defend, or admit the claim.


    Good luck.
    • SeanG79
    • By SeanG79 7th Jul 17, 12:34 PM
    • 851 Posts
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    SeanG79
    • #5
    • 7th Jul 17, 12:34 PM
    • #5
    • 7th Jul 17, 12:34 PM
    You need to respond to the claim. You mention Moriarty, but who is their client?

    I would be tempted to respond with a defend all response and then send a CCA request (include the £1 fee), to their client and a CPR31.14 to Moriarty.

    Once you get documents back from the CCA request, you can determine how to proceed.

    At the mediation stage, if you decide to try & negotiate an arrangement to pay, it may be possible to agree a Tomlin Order, which will avoid the CCJ, provided you stick to the payment arrangement in the Tomlin Order.
    • Arleen
    • By Arleen 7th Jul 17, 2:30 PM
    • 880 Posts
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    Arleen
    • #6
    • 7th Jul 17, 2:30 PM
    • #6
    • 7th Jul 17, 2:30 PM
    You need to respond to the claim. You mention Moriarty, but who is their client?

    I would be tempted to respond with a defend all response and then send a CCA request (include the £1 fee), to their client and a CPR31.14 to Moriarty.

    Once you get documents back from the CCA request, you can determine how to proceed.

    At the mediation stage, if you decide to try & negotiate an arrangement to pay, it may be possible to agree a Tomlin Order, which will avoid the CCJ, provided you stick to the payment arrangement in the Tomlin Order.
    Originally posted by SeanG79
    Tomlin order is generally for other types of cases, not debt recovery, and most lenders will not even consider it, especially if it's not joined by very fast repayment plan which from the sound of OP is not an option.

    Remember that when you defend a claim you may wind up with more costs to it, so unless you have a real defence to add, well, save yourself some money.
    • SeanG79
    • By SeanG79 7th Jul 17, 2:57 PM
    • 851 Posts
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    SeanG79
    • #7
    • 7th Jul 17, 2:57 PM
    • #7
    • 7th Jul 17, 2:57 PM
    Tomlin order is generally for other types of cases, not debt recovery, and most lenders will not even consider it, especially if it's not joined by very fast repayment plan which from the sound of OP is not an option.
    Originally posted by Arleen
    That is patently untrue. A Tomlin order can definitely be applied to debt and debt recovery. In fact Stepchange even refer to it on their website https://www.stepchange.org/debt-info/debt-collection/tomlin-order.aspx

    The Tomlin order will generally say something like the claim will remain in court until the full amount has been settled as agreed. If any of the payments as agreed in the Tomlin are missed, then a judgement for the full amount is applied automatically. Once you settle the full amount the claim is discontinued.

    I know of cases where a Tomlin has been granted for debts under £1000 paid over 24 monthly payments.

    Remember that when you defend a claim you may wind up with more costs to it, so unless you have a real defence to add, well, save yourself some money.
    Additional fees will have already been added to the debt in the initial claim. Not defending and waiting doing nothing or admitting the debt now will guarantee a CCJ as the OP cannot afford to settle in full. By defending initially with the aim of reaching an agreed repayment plan, the OP will not have lost anything but may prevent a CCJ being recorded if a Tomlin order can be agreed. A Tomlin order can also be sealed if it is solely related to a debt. https://www.judiciary.gov.uk/wp-content/uploads/2016/09/sealing-of-tomlin-orders-effective-3-oct-2016.pdf

    It is also possible now without defending the claim initially the OP may be able to reach a payment arrangement with Moriarty, which could be an idea.

    A CCJ can have long reaching consequences and can impact on jobs, property rentals and many other aspects of ones life. I personally would 100% try everything I could to reach an arrangement with Moriarty or their customer to avoid a CCJ.
    • nic_c
    • By nic_c 7th Jul 17, 6:17 PM
    • 823 Posts
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    nic_c
    • #8
    • 7th Jul 17, 6:17 PM
    • #8
    • 7th Jul 17, 6:17 PM
    That is patently untrue. A Tomlin order can definitely be applied to debt and debt recovery. In fact Stepchange even refer to it on their website https://www.stepchange.org/debt-info/debt-collection/tomlin-order.aspx
    ...
    A CCJ can have long reaching consequences and can impact on jobs, property rentals and many other aspects of ones life. I personally would 100% try everything I could to reach an arrangement with Moriarty or their customer to avoid a CCJ.
    Originally posted by SeanG79
    Suggesting a Tomlin Order may well be giving false hopes, there needs to be a good reason for the creditor to accept such a request and it is usually based on your current employment with proof - just because it will impact future rents of future jobs will not usually be good enough.
    Definitely do agree, the OP needs to try and avoid a CCJ though, even if you think having it on your credit record won't affect you currently, it will be there for 6 years!
    • LeeUK
    • By LeeUK 8th Jul 17, 5:09 AM
    • 5,441 Posts
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    LeeUK
    • #9
    • 8th Jul 17, 5:09 AM
    • #9
    • 8th Jul 17, 5:09 AM
    I've received a CCJ claim today from Moriarty Law on behalf of MMF from an old pay day loan in 2012. It's for £358 too and I admit the debt, only problem is I don't think I can afford to pay the £358 within the next 14 days (I probably could pay it but it would take most of my budget up).

    If I say I'm going to defend on MCOL will that buy me time meaning I can just admit and pay it in 28 days time instead?
    • nic_c
    • By nic_c 8th Jul 17, 7:53 AM
    • 823 Posts
    • 508 Thanks
    nic_c
    @LeeUK : Filing an acknowledgement of service will buy time and then you could withdraw your defence and pay in full. If you get a judgement you can pay it off within 28 days and it will be removed, but you will have the Judgement costs added.
    Have contacted them to ask what options you have, say you want to avoid the CCJ but 14 days isn't enough time. When a claims is issued you have 14 days from the service date to pay/respond, after that the creditor may file for a judgement - they don't have to straight away as the claim is valid for six months before being considered stayed. They may be willing to wait a month if you make a down payment, but you would need to ask
    • LeeUK
    • By LeeUK 8th Jul 17, 11:03 AM
    • 5,441 Posts
    • 2,534 Thanks
    LeeUK
    @LeeUK : Filing an acknowledgement of service will buy time and then you could withdraw your defence and pay in full. If you get a judgement you can pay it off within 28 days and it will be removed, but you will have the Judgement costs added.
    Have contacted them to ask what options you have, say you want to avoid the CCJ but 14 days isn't enough time. When a claims is issued you have 14 days from the service date to pay/respond, after that the creditor may file for a judgement - they don't have to straight away as the claim is valid for six months before being considered stayed. They may be willing to wait a month if you make a down payment, but you would need to ask
    Originally posted by nic_c
    I want to avoid the CCJ at all costs and will pay the £358 now if needs must to avoid it. If I do, most of my bills this month will end up going unpaid and I'll be eating beans on toast for a month too, I was only just paid yesterday.

    If I file a defence to buy me 28 days then I can spread the cost over next months pay too but I need to know if I definitely can withdraw the defence and pay in 28 day or will they expect the defence to fully go through court?

    Moriarty Law have sent another letter today saying that there is still time to contact them. If I do I just don't trust them to cancel the CCJ as there is no point in entering a payment plan with them if the CCJ is still going to go through.
    Last edited by LeeUK; 08-07-2017 at 11:07 AM.
    • Savalovski
    • By Savalovski 14th Jul 17, 7:03 PM
    • 2 Posts
    • 0 Thanks
    Savalovski
    Thanks all. They have sent a follow up letter so will try to negotiate some sort of partial settlement. Doesn't seem worth trying to get around it at this stage. Will write back with how i get on
    • fatbelly
    • By fatbelly 15th Jul 17, 7:23 AM
    • 10,943 Posts
    • 8,154 Thanks
    fatbelly
    Bear in mind that if you do not respond to the claim form within the timescales you get a judgement in default.

    That will most likely order you to pay the whole amount in one lump immediately, and can be enforced if you do not do so.
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