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moriarty law mmf court action
ste220
Posts: 12 Forumite
firstly may i give a little background. around 6 years ago i was going through divorce and finances took a turn for the worse leading me into using payday loans (stupid i know) now i'll be honest and say i ignored these and hoped they would go away.
on the 22-march i was issued with a cc claim on the 23-march i sent moriarty law a "prove it" letter. i acknowledge service to cc on the 5-april.
i recieved a copy of an email yesterday through the post headed "notice of legal assignment of debt" dated 24-6-13, and a statement showing original loan thencurrent balance.
according to the claim form the original agreement was 13/4/12
is this statute barred due to the overlap?
thank you in advance.
on the 22-march i was issued with a cc claim on the 23-march i sent moriarty law a "prove it" letter. i acknowledge service to cc on the 5-april.
i recieved a copy of an email yesterday through the post headed "notice of legal assignment of debt" dated 24-6-13, and a statement showing original loan thencurrent balance.
according to the claim form the original agreement was 13/4/12
is this statute barred due to the overlap?
thank you in advance.
0
Comments
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Hi,
No it is not statute barred.
They got their claim in just in time, although the agreement date was in April, the cause of action date will of been later than that.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
so pretty much a ccj for me?0
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firstly may i give a little background. around 6 years ago i was going through divorce and finances took a turn for the worse leading me into using payday loans (stupid i know) now i'll be honest and say i ignored these and hoped they would go away.
on the 22-march i was issued with a cc claim on the 23-march i sent moriarty law a "prove it" letter. i acknowledge service to cc on the 5-april.
i recieved a copy of an email yesterday through the post headed "notice of legal assignment of debt" dated 24-6-13, and a statement showing original loan thencurrent balance.
according to the claim form the original agreement was 13/4/12
is this statute barred due to the overlap?.
You say the claim was issued 22 March 2018. Normally you would not receive it on the following day - are you sure that 22 March is not the date of service and the claim was actually issued 17 March?
The cca agreement is dated 13/4/12. It cannot be statute barred, unless you live in Scotland, as on those dates there cannot be a 6-year gap.
A prove-it is not the way forward with a court claim . You should have sent a s77 cca request to the present debt owner and a cpr 31.14 request to their solicitor.
You are going to find it hard to succeed with a defence now. If I am right about the dates, you acknowledged service on the latest possible date and have 48 hours left.
What are you thinking of doing?0 -
so pretty much a ccj for me?
If they have supplied evidence of the debt, then unless you pay the judgement within 30 days, yes.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
sorry, 22nd of march is the date on the court papers.i dont know what to do to be honest, this is why im asking for advice.0
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what constitutes evidence though?0
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sorry, 22nd of march is the date on the court papers.i dont know what to do to be honest, this is why im asking for advice.
It's hard to give advice when we know so little of your circumstances.
If you wanted to do a statement of affairs (link is to a calculator), that would help us.
With regard to the court claim the options are
defend in full
do a part defence/part admission
pay in full
pay by instalments
ignore0 -
went for defence in full as it is late in the day, and sent cca to creditor signed for.0
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recieved a response today saying account is now closed, so seems it was a hope for the best claim.0
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