final demand from moriarty law

natalie_watson

Willing2Learn wrote: »

Don't phone them if is pre action protocol paperwork and forms. Just complete the form including the part for instalments. Make sure your offer is affordable.

there is no form for installments. . .

natalie_watson

donut! i obviously know being on benefits does not exempt me from paying! i just thought ,mayb stupidly that benefits such as child benefit mayb couldnt be touched

boo_star

natalie_watson wrote: »

donut! i obviously know being on benefits does not exempt me from paying! i just thought ,mayb stupidly that benefits such as child benefit mayb couldnt be touched

They can't be, but being on benefits is not an automatic right to not pay debts.

Some are all you need to live on. Others, not so much.

At the end of the day you can't get blood out of a stone so stop worrying, offer them a reasonable monthly payment and let them take you to court if they're stubborn. They likely won't get more than your reasonable offer anyay.

Willing2Learn

Willing2Learn wrote: »

Don't phone them if is pre action protocol paperwork and forms. Just complete the form including the part for instalments. Make sure your offer is affordable.

natalie_watson wrote: »

there is no form for installments. . .

That is good. That probably means that they have not started the legal process and that the letter you have received is more-than-likely auto-generated threats (without any teeth).

If it were me, I would create a Statement of Affairs, so that I knew exactly what repayment schedule is realistic. I would then write to Moriarty law with my offer. I definitely would not phone them as that would mean there would be no paper trail.

sourcrates

natalie_watson wrote: »

have just received a 'final demand before court proceedings ' letter fom moriarty law saying if we don t reply and pay within 16 days the debt goes up and county court etc , the debt was from brighthouse was interest that was left to pay but i fell into difficulty tryin to keep up with the weekly payments , whats my best course of action please anyone as i have 5 children and im struggling already this xmas an dont even no where id find 500 pound in one go! worried

Hi Natalie,

There`s some good advice been given already, but lets see if we can tip the scales in your favour a little as well shall we, lets just clear up a few things for starters, the 16 day time limit they give you, is utterly meaningless, its just a ploy to get you to contact them, probebly in a panic, and agree to pay something you simply cannot afford, so we are not going to do that, we are going to make them work for their money instead.

Anyone who asks you to repay a debt, must provide evidence of your liability, when asked to do so, this is a basic fundimental fact of consumer law, if they cannot provide that evidence, they cannot take you to court to make you pay it, and the debt becomes dead in the water, as far as legal action is concerned.

So we send them this letter I have linked to here :

https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter


This demands they prove their claim, as they are required to do.

Now you say the debt was a brighthouse debt, so it will be covered by the consumer credit act, i`m assuming this all took place less than 6 years ago, so the debt will not be statute barred, am I correct in thinking this ?

That being the case, it should not be too difficult for them to produce what they are required to, however, it may take them some time, its likley to be well into next year before they respond to you, so this allows you to get christmas out of the way, then deal with it, with a clear head, when they get back to you, thats if they get back to you, because they may not be able to produce the correct legal paperwork (in this case a copy of your credit agrement), so its a waiting game, but gives you some breathing space in the mean time.

If the debt is proved, you don`t have to pay it all at once, you can submit a copy of your budget to them, showing your income, and your expenditure, anything thats left after all essential payments have been made, is called your "disposable income", and you can offer them that, or a part of it, as a payment plan.

You must do everything in writing from now on, never, ever ring them, they will always take advantage of having you on the phone and get you to agree to something you simply cannot afford, or they will tell you lies, and give you more false timetables to adhere too, anything to get you to pay up quickly, thats how these companies operate, so stay off the phone, do everything in writing, and an affordable solution should not be hard to find.

Good luck, if you need any further help, just re-post on this thread.