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    • ste220
    • By ste220 17th Apr 18, 9:05 PM
    • 7Posts
    • 1Thanks
    ste220
    moriarty law mmf court action
    • #1
    • 17th Apr 18, 9:05 PM
    moriarty law mmf court action 17th Apr 18 at 9:05 PM
    firstly may i give a little background. around 6 years ago i was going through divorce and finances took a turn for the worse leading me into using payday loans (stupid i know) now i'll be honest and say i ignored these and hoped they would go away.

    on the 22-march i was issued with a cc claim on the 23-march i sent moriarty law a "prove it" letter. i acknowledge service to cc on the 5-april.

    i recieved a copy of an email yesterday through the post headed "notice of legal assignment of debt" dated 24-6-13, and a statement showing original loan thencurrent balance.

    according to the claim form the original agreement was 13/4/12

    is this statute barred due to the overlap?

    thank you in advance.
Page 1
    • sourcrates
    • By sourcrates 17th Apr 18, 9:53 PM
    • 14,030 Posts
    • 13,283 Thanks
    sourcrates
    • #2
    • 17th Apr 18, 9:53 PM
    • #2
    • 17th Apr 18, 9:53 PM
    Hi,


    No it is not statute barred.

    They got their claim in just in time, although the agreement date was in April, the cause of action date will of been later than that.
    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/
    • ste220
    • By ste220 17th Apr 18, 9:57 PM
    • 7 Posts
    • 1 Thanks
    ste220
    • #3
    • 17th Apr 18, 9:57 PM
    • #3
    • 17th Apr 18, 9:57 PM
    so pretty much a ccj for me?
    • fatbelly
    • By fatbelly 17th Apr 18, 10:05 PM
    • 12,244 Posts
    • 9,278 Thanks
    fatbelly
    • #4
    • 17th Apr 18, 10:05 PM
    • #4
    • 17th Apr 18, 10:05 PM
    firstly may i give a little background. around 6 years ago i was going through divorce and finances took a turn for the worse leading me into using payday loans (stupid i know) now i'll be honest and say i ignored these and hoped they would go away.

    on the 22-march i was issued with a cc claim on the 23-march i sent moriarty law a "prove it" letter. i acknowledge service to cc on the 5-april.

    i recieved a copy of an email yesterday through the post headed "notice of legal assignment of debt" dated 24-6-13, and a statement showing original loan thencurrent balance.

    according to the claim form the original agreement was 13/4/12

    is this statute barred due to the overlap?.
    Originally posted by ste220
    You say the claim was issued 22 March 2018. Normally you would not receive it on the following day - are you sure that 22 March is not the date of service and the claim was actually issued 17 March?

    The cca agreement is dated 13/4/12. It cannot be statute barred, unless you live in Scotland, as on those dates there cannot be a 6-year gap.

    A prove-it is not the way forward with a court claim . You should have sent a s77 cca request to the present debt owner and a cpr 31.14 request to their solicitor.

    You are going to find it hard to succeed with a defence now. If I am right about the dates, you acknowledged service on the latest possible date and have 48 hours left.

    What are you thinking of doing?
    • sourcrates
    • By sourcrates 17th Apr 18, 10:07 PM
    • 14,030 Posts
    • 13,283 Thanks
    sourcrates
    • #5
    • 17th Apr 18, 10:07 PM
    • #5
    • 17th Apr 18, 10:07 PM
    so pretty much a ccj for me?
    Originally posted by ste220
    If they have supplied evidence of the debt, then unless you pay the judgement within 30 days, yes.
    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/
    • ste220
    • By ste220 17th Apr 18, 10:08 PM
    • 7 Posts
    • 1 Thanks
    ste220
    • #6
    • 17th Apr 18, 10:08 PM
    • #6
    • 17th Apr 18, 10:08 PM
    sorry, 22nd of march is the date on the court papers.i dont know what to do to be honest, this is why im asking for advice.
    • ste220
    • By ste220 17th Apr 18, 10:09 PM
    • 7 Posts
    • 1 Thanks
    ste220
    • #7
    • 17th Apr 18, 10:09 PM
    • #7
    • 17th Apr 18, 10:09 PM
    what constitutes evidence though?
    • fatbelly
    • By fatbelly 18th Apr 18, 7:08 AM
    • 12,244 Posts
    • 9,278 Thanks
    fatbelly
    • #8
    • 18th Apr 18, 7:08 AM
    • #8
    • 18th Apr 18, 7:08 AM
    sorry, 22nd of march is the date on the court papers.i dont know what to do to be honest, this is why im asking for advice.
    Originally posted by ste220
    It's hard to give advice when we know so little of your circumstances.

    If you wanted to do a statement of affairs (link is to a calculator), that would help us.

    With regard to the court claim the options are

    defend in full
    do a part defence/part admission
    pay in full
    pay by instalments
    ignore
    • ste220
    • By ste220 18th Apr 18, 10:22 PM
    • 7 Posts
    • 1 Thanks
    ste220
    • #9
    • 18th Apr 18, 10:22 PM
    • #9
    • 18th Apr 18, 10:22 PM
    went for defence in full as it is late in the day, and sent cca to creditor signed for.
    • ste220
    • By ste220 28th Apr 18, 11:08 PM
    • 7 Posts
    • 1 Thanks
    ste220
    recieved a response today saying account is now closed, so seems it was a hope for the best claim.
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