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  • FIRST POST
    • Savalovski
    • By Savalovski 6th Jul 17, 6:26 PM
    • 2Posts
    • 0Thanks
    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
    • 944 Posts
    • 696 Thanks
    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
    • 901 Posts
    • 546 Thanks
    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
    • 869 Posts
    • 795 Thanks
    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
    • 853 Posts
    • 380 Thanks
    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
    • 944 Posts
    • 696 Thanks
    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
    • 853 Posts
    • 380 Thanks
    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
    • 901 Posts
    • 546 Thanks
    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
    • 5,523 Posts
    • 2,550 Thanks
    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
    • 901 Posts
    • 546 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
    • 5,523 Posts
    • 2,550 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
    • 11,222 Posts
    • 8,392 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.
    • buzbuzz
    • By buzbuzz 2nd Aug 17, 3:00 PM
    • 11 Posts
    • 1 Thanks
    buzbuzz
    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.
    Originally posted by LeeUK

    Even if judgement is against you in court, you still can pay within 28 days and avoid a CCJ.

    Just remember the DC has probably paid around 6-10p in the pound for the alleged debt, the OC then claims on their insurance and writes the alleged balance off against their tax bill. The DC then claims the full amount plus costs for pure profit.

    Most DC's will refuse to accept a Tomlin right up until the hearing.

    You may well owe the money, but DC's and OC's don't exactly adhere to FCA regulations when transferring debts yet they're expecting you to follow their rules.

    If you proceed with a defence you do have a fair bit of reading and research to do to succeed - legalbeagles is a great place to start. For the amount concerned it might be easier to pay, never offer the full amount though - start off at 20%.

    Another option is to agree to mediation as part of your defence. Nothing from mediation goes to court but it may give you more time and to agree a reduced settlement.

    Good Luck!!!
    • LeeUK
    • By LeeUK 3rd Aug 17, 11:11 AM
    • 5,523 Posts
    • 2,550 Thanks
    LeeUK
    Even if judgement is against you in court, you still can pay within 28 days and avoid a CCJ.

    Just remember the DC has probably paid around 6-10p in the pound for the alleged debt, the OC then claims on their insurance and writes the alleged balance off against their tax bill. The DC then claims the full amount plus costs for pure profit.

    Most DC's will refuse to accept a Tomlin right up until the hearing.

    You may well owe the money, but DC's and OC's don't exactly adhere to FCA regulations when transferring debts yet they're expecting you to follow their rules.

    If you proceed with a defence you do have a fair bit of reading and research to do to succeed - legalbeagles is a great place to start. For the amount concerned it might be easier to pay, never offer the full amount though - start off at 20%.

    Another option is to agree to mediation as part of your defence. Nothing from mediation goes to court but it may give you more time and to agree a reduced settlement.

    Good Luck!!!
    Originally posted by buzbuzz
    I understand that these DCAs pay next to nothing for the debt but I know I did take the loan out in 2012. I'm due to pay Moriarty Law off tomorrow when I get paid.

    At the end of the day I just want to avoid the CCJ and trying to beat them at their game is not a risk I want to take. I had a CCJ in 2008 which dropped off my credit files in 2014 and I don't want a repeat.
    • kaell
    • By kaell 14th Aug 17, 1:16 PM
    • 3 Posts
    • 1 Thanks
    kaell
    Hi guys I've had a letter from these guys back in April for a debt going back to January 2012 claiming I owed £600 to MMF for a payday loan from wagedayadvanced. I ignored it for a about 2 months but they kept sending letters saying I had 14 days to reply or court proceedings would commence. At the time I kept thinking * if you're going to take me to court then just do it* anyway about mid may they sent another one so I thought I'd actually respond so I sent an email on 5th June with this


    Date 5th June 2017

    Dear Sirs,

    Re: Your Client: Motormile Finance UK LTD

    Practice Direction - Pre Action Conduct Section 7 - Exchanging information before starting proceedings Annex A Section 4 - Defendantís full response

    With regard to your letter dated 18th May 2017, Notice of Pending Legal Action, I take this to be a Letter before Action under the above named Practice Direction and as such I am responding accordingly, within the 14 day allowance period.

    As you have indicated you are acting on behalf of Motormile in this action, I assume you are authorised to accept service of documentation, therefore, please accept this as a Defendants Full Response as specified in Practice Direction - Pre Action Conduct Section 7 (detailed in Annex A - Section 4) and a Request for Further Information in accordance Section 7 (detailed in Annex A Section 4.2 (7)), by way of Service Upon You and your client.

    Defendantís Full Response

    In accordance with Practice Direction - Pre Action Conduct Section 7.1 (2) (as detailed in Annex A - Section 4.1) - I absolutely and categorically deny any indebtedness to your client and as such put your client to the Strictest of Proof, the reasons being:

    i)I have never entered into any Legal Agreement or Contract with your client, for any monies or specifically for the alleged amount of £606.00

    ii)I also, neither accept nor acknowledge the assertion any debt has been Legally Assigned to your client.

    Documentation Requested under Practice Direction - Pre Action Conduct Annex A Section 4.2 (7) - Request for Further Relevant Information / Documentation

    Therefore, under the provisions of Practice Direction - Pre Action Conduct - Annex A Section 4.2 (7) I request the following documentary proof of your Clients assertions of a Legal Obligation, to be provided to me within 40 days of the post marked date of this letter.

    I.Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) a true copy of the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions and any subsequent changes in said Terms & Conditions.

    II.Statements of the Account referred to, including details of all payments made and calculation of how interest was charged against each item, leading to the Alleged Debt of £606.00

    III.Also, as this is an Alleged Debt, I believe Default Charges may have been applied to the Account and as such may be unlawful under the Unfair Consumer Contract Terms Regulations 1999, therefore, I would request details of each and every Default Charge applied to the Account (i.e. if the charge was for ĎAdministrationí what Administration was undertaken to support the Default Charge) along with details of any Interest Charged against each Default Charge applied.

    IV.A copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon me.

    V.A copy of the Legal Assignment of the Agreement, including a copy of the Deed of Assignment and / or Deed of Tripartite Novation.

    VI.A copy of how I was served with the Alleged Legal Assignment.

    VII.A copy of the Alleged Notice of Assignment sent by the original creditor to the Defendant and again how this was Served upon me.

    VIII. A copy of the original agreement from the original creditor that was signed by myself.


    Should proceedings commence against me and your client fail to provide each and every document requested, I will make an N244 Application to the Court to Strike Out your Clients claim and request the Court impose Sanctions against yourself and your client for failure to adhere to the provisions of the above mentioned Practice Direction. Also please be aware, each document listed is required to provide legal proof of your clientís contention of a legal indebtedness towards them and again, should your client fail to produce said documentation and Proceedings Commence against me, as a part of my defence I will re-request production of each and every document under CPR 31.1 (2). As this action would be for more than £10,000.00 it would in all likelihood be allocated to the Fast Track for determination, in consequence the provisions of CPR 31.1 (2) would be of effect.

    Please note, where I have mentioned a document and there is in your clients possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

    I look forward to your response in due course.

    Yours faithfully




    They responded the next day saying this

    Dear Mr Richards,

    Thank you for confirming the required security information.

    With regard to your initial email, we do wish to confirm that your case has been placed on hold to prevent any activity whilst we await documentation from our client. Once received, this shall be issued to you by post, at which point a new hold of 14 days will be provided in which we would request that you do contact our offices.

    We shall be in further contact with you shortly.

    Yours sincerely,
    Timothy Varney
    Moriarty Law Limited


    That was sent on the 6th June 2017. The 40 days they had to send me all the information I requested has well and truly past and I have had zero contact from them since. Should I continue to wait or should I take it they have written off whatever they claim I owe or should I do a follow up email. If so what should I say? Would appreciate if someone could point me in the direction of the correct type of follow up email to bring this to a close.
    • fatbelly
    • By fatbelly 14th Aug 17, 6:34 PM
    • 11,222 Posts
    • 8,392 Thanks
    fatbelly
    That letter is similar to the one I posted recently

    http://forums.moneysavingexpert.com/showthread.php?t=5692319&highlight=

    If you want advice on your case I suggest you start a new thread. But it looks like you've scared them off to me.
    Last edited by fatbelly; 14-08-2017 at 6:37 PM.
    • kaell
    • By kaell 15th Aug 17, 12:40 PM
    • 3 Posts
    • 1 Thanks
    kaell
    Thanks FB will do just that and yes I think they may have backed off because they probably could not produce any of the required documents and realised it's not worth chasing since it has been over 5 and a half years
    • Narkynewt
    • By Narkynewt 17th Aug 17, 7:57 PM
    • 100 Posts
    • 15 Thanks
    Narkynewt
    Hi guys I've had a letter from these guys back in April for a debt going back to January 2012 claiming I owed £600 to MMF for a payday loan from wagedayadvanced. I ignored it for a about 2 months but they kept sending letters saying I had 14 days to reply or court proceedings would commence. At the time I kept thinking * if you're going to take me to court then just do it* anyway about mid may they sent another one so I thought I'd actually respond so I sent an email on 5th June with this


    Date 5th June 2017

    Dear Sirs,

    Re: Your Client: Motormile Finance UK LTD

    Practice Direction - Pre Action Conduct Section 7 - Exchanging information before starting proceedings Annex A Section 4 - Defendantís full response

    With regard to your letter dated 18th May 2017, Notice of Pending Legal Action, I take this to be a Letter before Action under the above named Practice Direction and as such I am responding accordingly, within the 14 day allowance period.

    As you have indicated you are acting on behalf of Motormile in this action, I assume you are authorised to accept service of documentation, therefore, please accept this as a Defendants Full Response as specified in Practice Direction - Pre Action Conduct Section 7 (detailed in Annex A - Section 4) and a Request for Further Information in accordance Section 7 (detailed in Annex A Section 4.2 (7)), by way of Service Upon You and your client.

    Defendantís Full Response

    In accordance with Practice Direction - Pre Action Conduct Section 7.1 (2) (as detailed in Annex A - Section 4.1) - I absolutely and categorically deny any indebtedness to your client and as such put your client to the Strictest of Proof, the reasons being:

    i)I have never entered into any Legal Agreement or Contract with your client, for any monies or specifically for the alleged amount of £606.00

    ii)I also, neither accept nor acknowledge the assertion any debt has been Legally Assigned to your client.

    Documentation Requested under Practice Direction - Pre Action Conduct Annex A Section 4.2 (7) - Request for Further Relevant Information / Documentation

    Therefore, under the provisions of Practice Direction - Pre Action Conduct - Annex A Section 4.2 (7) I request the following documentary proof of your Clients assertions of a Legal Obligation, to be provided to me within 40 days of the post marked date of this letter.

    I.Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) a true copy of the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions and any subsequent changes in said Terms & Conditions.

    II.Statements of the Account referred to, including details of all payments made and calculation of how interest was charged against each item, leading to the Alleged Debt of £606.00

    III.Also, as this is an Alleged Debt, I believe Default Charges may have been applied to the Account and as such may be unlawful under the Unfair Consumer Contract Terms Regulations 1999, therefore, I would request details of each and every Default Charge applied to the Account (i.e. if the charge was for ĎAdministrationí what Administration was undertaken to support the Default Charge) along with details of any Interest Charged against each Default Charge applied.

    IV.A copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon me.

    V.A copy of the Legal Assignment of the Agreement, including a copy of the Deed of Assignment and / or Deed of Tripartite Novation.

    VI.A copy of how I was served with the Alleged Legal Assignment.

    VII.A copy of the Alleged Notice of Assignment sent by the original creditor to the Defendant and again how this was Served upon me.

    VIII. A copy of the original agreement from the original creditor that was signed by myself.


    Should proceedings commence against me and your client fail to provide each and every document requested, I will make an N244 Application to the Court to Strike Out your Clients claim and request the Court impose Sanctions against yourself and your client for failure to adhere to the provisions of the above mentioned Practice Direction. Also please be aware, each document listed is required to provide legal proof of your clientís contention of a legal indebtedness towards them and again, should your client fail to produce said documentation and Proceedings Commence against me, as a part of my defence I will re-request production of each and every document under CPR 31.1 (2). As this action would be for more than £10,000.00 it would in all likelihood be allocated to the Fast Track for determination, in consequence the provisions of CPR 31.1 (2) would be of effect.

    Please note, where I have mentioned a document and there is in your clients possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

    I look forward to your response in due course.

    Yours faithfully




    They responded the next day saying this

    Dear Mr Richards,

    Thank you for confirming the required security information.

    With regard to your initial email, we do wish to confirm that your case has been placed on hold to prevent any activity whilst we await documentation from our client. Once received, this shall be issued to you by post, at which point a new hold of 14 days will be provided in which we would request that you do contact our offices.

    We shall be in further contact with you shortly.

    Yours sincerely,
    Timothy Varney
    Moriarty Law Limited


    That was sent on the 6th June 2017. The 40 days they had to send me all the information I requested has well and truly past and I have had zero contact from them since. Should I continue to wait or should I take it they have written off whatever they claim I owe or should I do a follow up email. If so what should I say? Would appreciate if someone could point me in the direction of the correct type of follow up email to bring this to a close.
    Originally posted by kaell
    I'm so happy I have found this thread and really need some urgent help! I have just got a mortgage in principle on my dream home, we are currently waiting to exchange contracts in around 6 weeks.

    I have today received a letter from moriarty law in respect to an old payday loan from 2012. They have sent me the CCJ form saying they are taking me to court.

    I would normally ignore it but because I am about to have a full credit check for my mortgage I don't know what to do. If I pay it, they could put the default on my credit file as settled, if I contact them they could still put it on my credit file, if I wait to get the ccj then pay within the 28 days, will it show up?

    Should I email them like this and hope they don't put anything on my file til after my mortgage has gone through? If this flags up I am going to lose am lot in respect of survey fees, moving costs etc that I have already spent plus I will lose my dream home.

    Please help! What should I do?
    • fatbelly
    • By fatbelly 17th Aug 17, 9:44 PM
    • 11,222 Posts
    • 8,392 Thanks
    fatbelly
    I'm so happy I have found this thread and really need some urgent help! I have just got a mortgage in principle on my dream home, we are currently waiting to exchange contracts in around 6 weeks.

    I have today received a letter from moriarty law in respect to an old payday loan from 2012. They have sent me the CCJ form saying they are taking me to court.

    I would normally ignore it but because I am about to have a full credit check for my mortgage I don't know what to do. If I pay it, they could put the default on my credit file as settled, if I contact them they could still put it on my credit file, if I wait to get the ccj then pay within the 28 days, will it show up?

    Should I email them like this and hope they don't put anything on my file til after my mortgage has gone through? If this flags up I am going to lose am lot in respect of survey fees, moving costs etc that I have already spent plus I will lose my dream home.

    Please help! What should I do?
    Originally posted by missmarra
    Responded on the other thread
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