Moriarty Law - Court Claim URGENT PLS HELP.

fatbelly

fatbelly said:

I'm suggesting that you admit a smaller balance for whatever reason you can find and so tick part-defend

Then offer instalments of £50, justified by your income and expenditure.

They then have the choice of accepting the offer or dragging it out through a hearing, knowing that at the end of the day the result is likely to be a judgement ordering £50 instalments anyway

You get a ccj but provided you keep up the payments there will be no enforcement of it.

If you go for a dmp then you build around this one

Made it clearer.

If you say they are happy with £1300, maybe admit that

ManyWays

I have no idea how to defend this, but presumeably it is pointless, do I select defend part or all ?
There is a possible defence if the CCA cannot be produced, but it may well be found. The Legal Beagle forum can explain how to word that defence.
Also a defence under s140 of the Consumer Credit Act that the lending was unaffordable; you can ask on the Legal Beagles forum about that too, but I haven't seen a defence based on that (it is much better to make this complaint earlier and direct to the lender and then through the Ombudsman where a lot of Drafty cases are won. It is now too late to start that.)  
The Legal Beagles forum is here https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim

Overall I dont want to give you the impression either of these defences is likely to suceed. I think you should ask for the CCA agreements for your other debts now and then look at an IVA for all of the debts including the CCJ if a lot of the CCAs can be produced. Long-term token payments are not a good way forward and the CCJ will wreck your credit rating for 6 years, so an IVA now wont make it a lot worse. 

nomorecc

ManyWays said:

I have no idea how to defend this, but presumeably it is pointless, do I select defend part or all ?
There is a possible defence if the CCA cannot be produced, but it may well be found. The Legal Beagle forum can explain how to word that defence.
Also a defence under s140 of the Consumer Credit Act that the lending was unaffordable; you can ask on the Legal Beagles forum about that too, but I haven't seen a defence based on that (it is much better to make this complaint earlier and direct to the lender and then through the Ombudsman where a lot of Drafty cases are won. It is now too late to start that.)  
The Legal Beagles forum is here https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim

Overall I dont want to give you the impression either of these defences is likely to suceed. I think you should ask for the CCA agreements for your other debts now and then look at an IVA for all of the debts including the CCJ if a lot of the CCAs can be produced. Long-term token payments are not a good way forward and the CCJ will wreck your credit rating for 6 years, so an IVA now wont make it a lot worse. 

Thank you @fatbelly and @ManyWays

CCA here is not going to be an option I don't believe, it was from 2022 - so very likely to have it.

I will write a defence and put it here as soon as possible.

nomorecc

[Your Full Name]

[Your Address]

[Postcode]

[Email Address]

[Telephone Number]

[Date]

To:

The County Court Business Centre

Re: Claim Number: [Claim Number]

Claimant: [Claimant Name]

Defendant: [Your Name]

⸻

Defence Statement and Offer of Settlement

Dear Sir/Madam,

I, [Your Name], am the Defendant in the above claim. I respectfully submit this defence statement and wish to provide context for the delay in addressing this debt, as well as propose a fair settlement to bring this matter to an amicable conclusion.

⸻

Background and Explanation

I acknowledge part of the outstanding balance claimed. The reason this debt has remained unresolved for such a long period is due to a combination of significant and unexpected personal difficulties, including:

• Mental health challenges, which have substantially affected my ability to manage my financial affairs. I have suffered with severe depression and anxiety leading to suicidal thoughts caused by the financial difficulties I am facing with a debt in excess of £100k.

• Physical health issues, including a small stress induced stroke.

• Loss of employment on two separate occasions due to redundancy, which severely reduced my income and caused long-term financial instability.

• Forced relocation, during which my rent increased by 64%, leaving me in a difficult and unsustainable financial position.

In respect of the county court form, please note that this was received on 26th November as it was delivered to a neighbouring property by mistake. All of which was disclosed directly to Moriarty Law by email on 27th November.

These circumstances significantly impaired my ability to respond to the debt sooner, and I ask the Court and the Claimant to consider these genuine difficulties in assessing my position.

⸻

Settlement Offer

In the interest of resolving this matter without further court action, I am willing and able to offer a settlement payment of £550 as a full and final settlement of the claim. This amount is gifted and is the maximum my family member is able to give.

I kindly request that the Claimant considers accepting this offer to avoid further time and expense for all parties.

⸻

Request for Mediation

Should the Claimant require further discussion, I am fully prepared to participate in court-facilitated mediation through the Small Claims Mediation Service. I believe mediation would provide the best opportunity for both parties to reach a fair and mutually acceptable resolution.

⸻

Conclusion

I respectfully ask the Court to take into account the challenges I have faced and my genuine willingness to settle this matter. I remain cooperative and open to an early resolution.

Thank you for your time and consideration.

Yours faithfully,

[Your Name]

ManyWays

That is not a defence to a claim, you are effectively admitting it.

If you want to say you owe £1000 (or whatever) but not the rest, you have to explain why that amount. Not argue that £1000 is a fair settlement. 

It isn't the judge's job to decide what a fair settlement should be given all your difficulties, legally you either owe the money or you don't. The judge just has to decide if you do owe the money.

fatbelly

'I acknowledge part of the outstanding balance claimed. The reason this debt has remained unresolved for such a long period is due to a combination of significant and unexpected personal difficulties, including:

• Mental health challenges, which have substantially affected my ability to manage my financial affairs. I have suffered with severe depression and anxiety leading to suicidal thoughts caused by the financial difficulties I am facing with a debt in excess of £100k.

• Physical health issues, including a small stress induced stroke.

• Loss of employment on two separate occasions due to redundancy, which severely reduced my income and caused long-term financial instability.

• Forced relocation, during which my rent increased by 64%, leaving me in a difficult and unsustainable financial position.

In respect of the county court form, please note that this was received on 26th November as it was delivered to a neighbouring property by mistake. All of which was disclosed directly to Moriarty Law by email on 27th November.

These circumstances significantly impaired my ability to respond to the debt sooner, and I ask the Court and the Claimant to consider these genuine difficulties in assessing my position.'

⸻

That much is ok. You are accepting part of the balance and asking to pay instalments towards . Ideally you should explain why you do not accept the full balance

Background info doesn't do any harm though the court will ignore it

The court cannot consider a settlement offer and you do not have a full defence.

Mediation is automatically part of the process if the claimant does not accept your instalment offer, which the court should put to them.

nomorecc

fatbelly said:

'I acknowledge part of the outstanding balance claimed. The reason this debt has remained unresolved for such a long period is due to a combination of significant and unexpected personal difficulties, including:

• Mental health challenges, which have substantially affected my ability to manage my financial affairs. I have suffered with severe depression and anxiety leading to suicidal thoughts caused by the financial difficulties I am facing with a debt in excess of £100k.

• Physical health issues, including a small stress induced stroke.

• Loss of employment on two separate occasions due to redundancy, which severely reduced my income and caused long-term financial instability.

• Forced relocation, during which my rent increased by 64%, leaving me in a difficult and unsustainable financial position.

In respect of the county court form, please note that this was received on 26th November as it was delivered to a neighbouring property by mistake. All of which was disclosed directly to Moriarty Law by email on 27th November.

These circumstances significantly impaired my ability to respond to the debt sooner, and I ask the Court and the Claimant to consider these genuine difficulties in assessing my position.'

⸻

That much is ok. You are accepting part of the balance and asking to pay instalments towards . Ideally you should explain why you do not accept the full balance

Background info doesn't do any harm though the court will ignore it

The court cannot consider a settlement offer and you do not have a full defence.

Mediation is automatically part of the process if the claimant does not accept your instalment offer, which the court should put to them.

I've not really got a reason to I don't think so say why I only admit part of the balance!

Do I need to submit my I&E with this or is that a later thing?

Also in your edited version I don't see anything regarding asking to pay by installments?

Thank you both!!!

4pm is looming

nomorecc

I've submitted the above defence, thank you all.

I will keep you all posted.