Moriarty Law CCJ claim received

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

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

Deleted_User wrote: »

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.

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!!!

[Deleted User]

buzbuzz wrote: »

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!!!

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

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 - Defendant’s 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.

Defendant’s 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 ‘Administration’ 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 client’s 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

That letter is similar to the one I posted recently

https://forums.moneysavingexpert.com/discussion/5692319

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.

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

kaell wrote: »

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 - Defendant’s 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.

Defendant’s 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 ‘Administration’ 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 client’s 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.

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

missmarra wrote: »

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?

Responded on the other thread

Narkynewt

So happy, sent them the above email and received the same response, they will get back to me in due course. Motormile have already had to wipe out millions in debts because they don't have the original paperwork, am pretty confident this will be the case with my case too. Phew!