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  • FIRST POST
    • karlstraz
    • By karlstraz 15th Aug 16, 11:28 AM
    • 8Posts
    • 1Thanks
    karlstraz
    Final Demand, Moriarty Law. Need advice
    • #1
    • 15th Aug 16, 11:28 AM
    Final Demand, Moriarty Law. Need advice 15th Aug 16 at 11:28 AM
    Bit of a back story, was a stupid 18 year old and got into debt up to the age of 21 and could not afford any repayments, Some have now been wrote off & settled. I'm now 25

    I have not had contact or made any payments to Moriarty Law but i received a letter saying final demand and referenced a letter from 2014? I don't remember receiving a letter then but it is besides the point.

    It was with Merligen investments & I don't even remember who the original debt is with.

    They are threatening court proceedings for 150. I'm worried, broke and don't know what to do, any advice would be appreciated.

    Thanks in advance
Page 1
    • sourcrates
    • By sourcrates 15th Aug 16, 11:47 AM
    • 14,328 Posts
    • 13,526 Thanks
    sourcrates
    • #2
    • 15th Aug 16, 11:47 AM
    • #2
    • 15th Aug 16, 11:47 AM
    Hi,

    They threaten court proceeding a lot, its a standard DCA threatogram you have received, if you read it carefully, it will say "we may take action through the courts".

    That's twice in two weeks Moriarty Law`s name has cropped up on this forum, must of bought up a lot of old debt and are now currently chasing these up.

    Well you have a choice OP, you can either send Mr Moriarty the "provit letter", which basically asks them to prove you owe this money they are chasing you for, you can find the link to the letter in the stickies at the top of this forum.

    Or, you can ignore them and take your chances, its entirely up to you how you proceed.
    Last edited by sourcrates; 15-08-2016 at 11:51 AM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • karlstraz
    • By karlstraz 15th Aug 16, 12:04 PM
    • 8 Posts
    • 1 Thanks
    karlstraz
    • #3
    • 15th Aug 16, 12:04 PM
    • #3
    • 15th Aug 16, 12:04 PM
    I will read over it again but at first glance it looked like a "final demand before we DO issue court proceedings" would they really do this over 150?

    I appreciate your reply!
  • National Debtline
    • #4
    • 15th Aug 16, 12:42 PM
    • #4
    • 15th Aug 16, 12:42 PM
    Hi Karlstraz,


    Whether the letter says that they will take court action or they may take court action doesn't really matter, I think Sourcrates raised a good point which is. that if you do not recognise the debt you should ask for more information about it. This is the best time to ask because the debt collector should either send you more details or back off. If they continue to chase you without sending more information you can complain under the FCA Guidelines of harassment or it may help you in court (if it goes that far, you will need legal advice).


    Debts get passed and sold on a lot. If you moved property then you may have missed letters and lost track of something, and whilst ignoring it is an option, it is risky. If the debts were built up until you were about 21 years old and you are now 25 this debt is (at best) could be 4 years old. So the statute of limitations still has potentially 2 years on it (2 years to take you to court). I think finding out more will be more beneficial to you, especially as you have worked so hard clearing your debts to this point. Good luck,


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • sourcrates
    • By sourcrates 15th Aug 16, 2:40 PM
    • 14,328 Posts
    • 13,526 Thanks
    sourcrates
    • #5
    • 15th Aug 16, 2:40 PM
    • #5
    • 15th Aug 16, 2:40 PM
    I will read over it again but at first glance it looked like a "final demand before we DO issue court proceedings" would they really do this over 150?

    I appreciate your reply!
    Originally posted by karlstraz

    Debt collection is a funny old business.

    I have known debts of tens of thousands of pounds be ignored, and a debt of 80 go to court.
    (actually less than 10% of defaulted debts end up in court).

    There just does not seem to be any rhyme or reason to how these companies operate unfortunately.
    As I said, all DCA letters are cleverly designed to get you to contact the company concerned, they will say anything, just to grab your attention, send the provit letter to them, see what they come back to you with, oh, and don't even think about contacting them on the phone, keep it written contact only.
    Last edited by sourcrates; 15-08-2016 at 2:42 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • karlstraz
    • By karlstraz 15th Aug 16, 3:13 PM
    • 8 Posts
    • 1 Thanks
    karlstraz
    • #6
    • 15th Aug 16, 3:13 PM
    • #6
    • 15th Aug 16, 3:13 PM
    whats the reason behind no phone contact, but written is ok? just curious first time iv been in this position.
    Really appreciate your help its a great help

    Kind Regards
    • sourcrates
    • By sourcrates 15th Aug 16, 3:26 PM
    • 14,328 Posts
    • 13,526 Thanks
    sourcrates
    • #7
    • 15th Aug 16, 3:26 PM
    • #7
    • 15th Aug 16, 3:26 PM
    whats the reason behind no phone contact, but written is ok? just curious first time iv been in this position.
    Really appreciate your help its a great help

    Kind Regards
    Originally posted by karlstraz


    I'm assuming from that statement, they don't hold a phone number for you, good, keep it that way.


    The main weapon of choice for a DCA is the telephone, imagine a call centre, full of people on the phones, that is how a DCA operates on a day to day basis, they will use the phone to call you up to 5 times a day, they can intimidate you, tell you all kinds of untruths, demand payment from you etc etc.


    They will say things on the phone they would never dare put into writing, although they are not as bad now as they used to be, after a series of high profile wrist slapping exercises by the old OFT, they can still be bloody annoying, so best all round not to let them have your phone number.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • karlstraz
    • By karlstraz 15th Aug 16, 3:38 PM
    • 8 Posts
    • 1 Thanks
    karlstraz
    • #8
    • 15th Aug 16, 3:38 PM
    • #8
    • 15th Aug 16, 3:38 PM
    No Problem thanks for the advice! just had a look over the letter again it says its a final demand but gives no deadline date or to be paid before date at all?
    • theyogl
    • By theyogl 19th Feb 18, 11:25 PM
    • 1 Posts
    • 0 Thanks
    theyogl
    • #9
    • 19th Feb 18, 11:25 PM
    • #9
    • 19th Feb 18, 11:25 PM
    Hello... could someone kindly show me wher access to the "provit letter" is?
    Yeah! I got Mr Moriarty from like 5 years ago
    • sourcrates
    • By sourcrates 20th Feb 18, 9:32 PM
    • 14,328 Posts
    • 13,526 Thanks
    sourcrates
    Hello... could someone kindly show me wher access to the "provit letter" is?
    Yeah! I got Mr Moriarty from like 5 years ago
    Originally posted by theyogl
    You can find it here :

    http://forums.moneysavingexpert.com/showthread.php?t=2607247
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • EliseB
    • By EliseB 4th Mar 18, 3:28 PM
    • 2 Posts
    • 1 Thanks
    EliseB
    Hi
    I have a final demand before proceedings from Moriarty Law. I had a demand around 6 months ago and sent them a proveit letter. They've produced documentation which shows an account balance with TalkTalk going back to May and July 2012. There's also an assignment letter (assigning to JC International), sent to another address where I lived for a few months. This assignment letter is dated May 2014. I haven't seen any of this documentation before - I wasn't even living in the country from 2011 to 2014. I did have an arrangement for Broadband with TalkTalk, but I terminated it in July 2011 when I moved out of the property. The next tenant took the arrangement over and I paid my balance in full - something I always do. I haven't had any dealings with TalkTalk at all since July 2011. Unfortunately I've changed my bank so can't get on to the electronic banking confirm the final payment, but it just isn't in my nature to leave a debt unpaid. The statements they've sent show several unexplained "adjustments' to the account - added on one month, taken off the next, so I think TalkTalk's records must have been in a bit of a mess at the time. Although they show the 'adjustments' they don't show how the initial balance is made up. I believe that they probably simply failed to put my final payment onto the account when I closed it. What should I do please? They're asking for several hundred pounds which I know I don't owe and have no intention of paying but I'd hate to have a blot on my credit history. Would you advise paying a solicitor to deal with it for me?
    I'd really appreciate any advice you can give and thank you in advance for time spent in responding.
    • sourcrates
    • By sourcrates 4th Mar 18, 4:52 PM
    • 14,328 Posts
    • 13,526 Thanks
    sourcrates
    Write back and tell them you dispute the debt.

    Tell them your grounds for doing so, that your bill was paid in full etc.

    Remember, whatever they may say to you, the onus is on them to prove you owe the debt, NOT on you to prove you don`t.

    You do not have to prove anything, they do.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • EliseB
    • By EliseB 4th Mar 18, 4:57 PM
    • 2 Posts
    • 1 Thanks
    EliseB
    Thank you so much for your reply. So far they've produced some 'monthly bills' showing an opening balance (with no details of how it's made up) and some unexplained adjustments. I'll ask them for a full account of how the balance was made up - and proof that I didn't pay it. My guess is that TalkTalk simply didn't credit my final payment to the account - although it's difficult to see how it can have come to this, my monthly payments were only 21 and they had a direct debit! it's so irritating having to spend time on this, and so worrying too.
    Kind of you to reply. Thanks
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