Moriarty Law - Court Claim URGENT PLS HELP.

nomorecc

Hi All

I have a court claim that was dated 6 nov 2025 - I have only just received this in the last week as I had moved address and my old landlord handed them to me.

It is a court claim by moriarty law who I was paying £5 a month manually 6 months ago, but due to all of the stress of moving home etc I have forgotten to continue to make payments to some of my creditors.

I urgently need some help as I cannot afford to pay the money that they are asking for a settlement and I also cannot afford the payment plan they are asking me for.

I have no idea what I am doing in regards to responding to the court claim, or how I can avoid a CCJ.

I emailed them as soon as I received the letter around the 26th /27th of November and they are now saying that today is the last day to tell them what I am doing.

Please can someone kindly help me as soon as possible.

fatbelly

If the issue date is 6 Nov
Then service date is 11 Nov

And you had until 25 Nov to acknowledge service

If they have not already got summary judgement (and I suspect they will have) then you can still go on to MCOL and acknowledge.

The deadline for your defence/part defence is then 9 Dec

So see if you can.

https://www.moneyclaim.gov.uk/web/mcol/welcome

Oh, and stop talking to them for now

nomorecc

fatbelly said:

If the issue date is 6 Nov
Then service date is 11 Nov

And you had until 25 Nov to acknowledge service

If they have not already got summary judgement (and I suspect they will have) then you can still go on to MCOL and acknowledge.

The deadline for your defence/part defence is then 9 Dec

So see if you can.

https://www.moneyclaim.gov.uk/web/mcol/welcome

Oh, and stop talking to them for now

Ok let me try that and I'll be back with you, we did not receive the letter until 27th Nov.

Surely that counts for something?

nomorecc

I have now submitted the AOS - however it is past the 14 day deadline...

However I don't see any restrictions there for me to apply for AOS or defence etc.

So can I assume that "judgement" has yet been made against me?

How long do I have from this point to file a defence / anything else if I am still eligible?

ManyWays

we did not receive the letter until 27th Nov.

Surely that counts for something?
Not if you failed to give the creditor your new address. If you gave the creditor the new address and the court forms were sent to your old address, that is a reason to contest a judgment in default

Do you have a defence against this and how much is the claim for?

How large are your other debts and have you now restarted making payments to the ones you forgot?

sourcrates

It depends if summery judgement has been made or not, but I would be inclined to think it will have been, and you may not now be able to avoid a CCJ.

However because you didn`t have time to respond to the court claim, the court won`t be aware of your budget, income/expenditure etc, and they may have granted a "forthwith judgement" which will ask for the full balance to be paid immediately, don`t worry, you don`t have to do this, you can apply to the court for an affordable instalment order, to pay the debt monthly, according to your disposable income.

So don`t panic, wait and see what turns up, then you can assess the situation better.

Edit: seen updated post from OP.

nomorecc

ManyWays said:

we did not receive the letter until 27th Nov.

Surely that counts for something?
Not if you failed to give the creditor your new address. If you gave the creditor the new address and the court forms were sent to your old address, that is a reason to contest a judgment in default

Do you have a defence against this and how much is the claim for?

How large are your other debts and have you now restarted making payments to the ones you forgot?

I have checked with my partner - I am incorrect.

The court claim was posted to our new address, however, he said that it was the neighbour who handed him the letter and not our landlord (sorry I was confused).

So essentially our neighbour has had our post and hadn't handed it over to us until we saw him next.



So yes still the receipt of the letter until the nov 27th still applies?

I want to enter the defence today so that we have a chance at mediation.

fatbelly

Good - you've blocked the judgement and bought yourself some time. Till Tuesday 4 pm. There is no need to rush to cobble something together today. You have four whole days.

Now

What is this?
How much is the claim for?
I'll assume it's not statute barred as you have been paying it
What result do you want?

nomorecc

fatbelly said:

Good - you've blocked the judgement and bought yourself some time. Till Tuesday 4 pm.

Now

What is this?
How much is the claim for?
I'll assume it's not statute barred as you have been paying it
What result do you want?

1) Debt was originally from Drafty - high interest pay day loan. (Now being handled/owned by Moriarty Law)

2) Claim originally for £1k limit, but due to high interest the claim is now at approx £2k

3) No, the debt is not statue barred, I last paid them around 6 months ago, for £5 a month but was doing this manually... doh.

4) I don't want a CCJ, but realistically with my disposable income and kids, around £50 a month.

ManyWays

what are your other debts? This is the time to review your whole situation. When did yoiu default on the Drafty debt and did you have other payday loans or high cost debts you defaulted on? 

fatbelly

At this stage you are expected to defend or part defend. That sounds like a huge amount of interest. It should be 8% from some date that they specify till judgement. So that will give you a lower figure to part-admit.

For arguments sake, let's say £1500

Would £50 per month be a reasonable offer on a £1500 debt that a court might accept? 30 months? I'd say yes.

If you want to explore whether you have a defence, I recommend

https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim

I've never heard of mediation being any use but it is now a compulsory part of the process for defended claims. The posts on the parking fines board make interesting reading on court process but obviously they only deal with private parking fines.

I'll be back later