MMF & Moriarty law court claim

Danny0127 · 11 December 2018 at 12:29AM

So I’ve actually received a court claim form today, short story is MMF have been chasing a debt from a PDL that I used to use about 5 years ago. Had letters like this before so just ignored them. About 6 months ago I started getting letters from Moriarty Law chasing the debt, after receiving a pre action letter I sent the standard “prove it” letter requesting original credit agreement, default notice, deed of assignment and statement of account.

They replied and sent me copies of all the requested items within a couple of weeks, I noticed that the statement of account only contained the supposed closing balance of the debt of £610 while the credit agreement was for £350. I sent another letter stating they had not supplied all requested information to which they responded that they had and if no agreement is made within 14 days they will continue with chasing the debt.

After a month, I received a letter stating their intent to commence legal proceedings. I misplaced this and stupidly didn’t reply. Then today I receive a court claim form from Northampton county court. I’ve already been online and replied with an Acknowledgement of Service to give me 28 days to file a defence.

It’s my understanding that any acceptance of the debt via the claim form will result in a CCJ which I want to avoid so I’m willing to pay the £350 on the CCA if they stop proceedings. Do I have any defence if I don’t have a statement showing how the £350 is now £610 before court costs.

Danny0127 · 11 December 2018 at 10:32PM

I’ll start uploading letters when I’ve redacted info

sourcrates · 12 December 2018 at 12:25AM

You can make arrangements to pay the debt in full, minus court fees, if they will accept, or your other choice is to pay the full amount within 30 days of judgement, and the CCJ will be removed.

Danny0127 · 12 December 2018 at 10:59AM

Thanks for the reply, I really don’t want a CCJ so i’ve Sent them an email asking to resolve the matter, my point is they are claiming I owe £610 but I have no idea how they got to that amount and they won’t provide a statement showing how the amount was arrived at. All I have is an original agreement for £350.

Do I go down the route of defending it and have this drag out for months or just bite the bullet and pay something in F&F settlement so it’s done with.

sourcrates · 12 December 2018 at 3:11PM

It will most likely be interest and charges which continued to accrue.

When you don’t make payment when you should, interest continues to be charged, they can only legally charge twice the original debt, so you have got off a bit lightly.

Usually a deal of some kind can be struck.

Just_Di · 13 December 2018 at 4:22PM

Danny0127 wrote: »

they are claiming I owe £610 but I have no idea how they got to that amount and they won’t provide a statement showing how the amount was arrived at. All I have is an original agreement for £350.

Do I go down the route of defending it and have this drag out for months or just bite the bullet and pay something in F&F settlement so it’s done with.

Why not send them a CPR 31.14 Request asking them to produce documents mentioned in the Particulars of Claim (on the first page on the claim form pack).

I don't know what they've included in the POC but ask for the agreement or contract (depending on their wording), the Default Notice, the Termination Notice, the Notice of Assignment and statements etc.

Once you file your Defence (deadline is 33 days from the claim Issue Date) the court will serve a copy on the Claimant and they'll be given 28 days to inform the court if they intend to continue with the proceedings. If they don't do that then the claim is automatically stayed (a pause button on the proceedings) until or unless they make an Application to the court to lift the stay which they'll have to pay a fee for doing.

If they inform the court that they want to carry on then you'll be sent a Directions Questionnaire to complete. On that form you can tick the "Yes" box for free telephone Mediation where you can settle the claim without getting a CCJ (albeit the settlement is legally binding).

If you decide to make an offer at this stage then be careful to head any offer letter or email "Without Prejudice" so they can't use it as an 'admission' which could be sent to the court which could land you with a CCJ.

Di

Danny0127 · 13 December 2018 at 7:38PM

Hi Di,

I panicked and sent an email asking them to contact me to settle but did not offer an amount, does this count as an admission?

Danny0127 · 13 December 2018 at 7:39PM

Just_Di wrote: »

Why not send them a CPR 31.14 Request asking them to produce documents mentioned in the Particulars of Claim (on the first page on the claim form pack).

I don't know what they've included in the POC but ask for the agreement or contract (depending on their wording), the Default Notice, the Termination Notice, the Notice of Assignment and statements etc.

Once you file your Defence (deadline is 33 days from the claim Issue Date) the court will serve a copy on the Claimant and they'll be given 28 days to inform the court if they intend to continue with the proceedings. If they don't do that then the claim is automatically stayed (a pause button on the proceedings) until or unless they make an Application to the court to lift the stay which they'll have to pay a fee for doing.

If they inform the court that they want to carry on then you'll be sent a Directions Questionnaire to complete. On that form you can tick the "Yes" box for free telephone Mediation where you can settle the claim without getting a CCJ (albeit the settlement is legally binding).

If you decide to make an offer at this stage then be careful to head any offer letter or email "Without Prejudice" so they can't use it as an 'admission' which could be sent to the court which could land you with a CCJ.

Di

Hi Di,

I panicked and sent an email asking them to contact me to settle but did not offer an amount, does this count as an admission?

Just_Di · 14 December 2018 at 12:12AM

I personally believe in negotiating from a position of strength (if you want to settle).

If you send a s77-79 CCA Request and a CPR 31.14 Request they will be under pressure time-wise to comply. If they can't/don't comply then they will be on the back foot.

I'm aware that you have been given conflicting advice from another forum so I'll take a step back.

If you want or need legal advice then contact a free legal advice service.

Di

MMF & Moriarty law court claim

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