Moriarty Law CCJ claim received

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 sent them a similar email and got the same response, that they will get back to me. Am confident they won't respond as I take it you're aware of the refunds they have had to give?

PixelPound

I like how demand for documentation is asked for within 40 days. They have responded within 40 days, even if its to say they are looking into it.

fatbelly

nic_c wrote: »

I like how demand for documentation is asked for within 40 days. They have responded within 40 days, even if its to say they are looking into it.

That letter is so full of holes I wouldn't know where to start. The period of 40 days has no particular relevance

sourcrates

fatbelly wrote: »

That letter is so full of holes I wouldn't know where to start. The period of 40 days has no particular relevance

I`m with you on that one, you could whittle it down to one simple sentence :

"Either provide evidence of liability, or never contact me again"

I`m wondering what "sanctions" they would likely impose on MMF ?

Ban them for importing paperclips perhaps ??

Slightly OTT letter, most parts of it fictional, but i bet there compliance debt had to take a deep breath lol.