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Thread: Motormile Finance / Moriarty Law vs ecalid

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  1. #1
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    Default Motormile Finance / Moriarty Law vs ecalid

    Hello, as some will probably surmise I already have an outstanding claim with Reston's but it seems Moriarty Law now want to try and have a go, thankfully due to the responsive replies by some key members of this forum I have learned a fair bit in such a short amount of time so should be able to keep this one short and sweet.

    Received a claim? Yes
    Issue Date: 10/08/17
    Have you Acknowledged the Claim?: Yes with intent to defend in full
    Total Amount Claimed: 1000.28
    Claimant’s Name: Motormile Finance UK LTD (MMF)
    Solicitors Firm: Moriarty Law
    Original Creditor: CASHEURONET LLC T/A Quick Quid
    Original Debt (eg. Credit card/Loan/Overdraft) : Payday Loan / Regulated Loan Agreement
    Particulars of Claim: THE DEFENDANT OWES THE CLAIMENT £805.82 UNDER A REGULATED LOAN AGREEMENT WITH CASHEURONET LLC T/A QUICK QUID DATED 03/01/2013 AND WHICH WAS ASSIGNED TO THE CLAIMANT ON 31/11/2016 AND NOTICE OF WHICH WAS GIVEN TO THE DEFENDANT ON THE 20/11/16 (DEBT). DESPITE FORMAL DEMAND FOR PAYMENT OF THE DEBT THE DEFENDANT AS FAILED TO PAY AND THE CLAIMANT CLAIMS £805.82 AND FURTHER CLAIMS INTEREST THEREON PURSUANT TO THE SECTION 69 OF THE COUNTY COURT ACT 1984 LIMITED TO ONE YEAR TO THE DATE HEREOF AT THE RATE OF 8.00% PER ANNUM AMOUNTING TO £64.46
    Is the debt Statute Barred. No
    List any letters you have sent: CCA & CPR Ready to go
    Any Other Information or Background Details:

    SO basicly many moons ago as previously mentioned I went through a lot of hardship and payday loans became a source of money to pay much more important debts.

    Having already emailed QuickQuid with an Affordability Complaint to which I received no reply and a phone call to Moriarty Law to explain that I had protested the case on Affordability grounds they have since gone through with the claim process.

    I must point out that in my naivety I was coerced on the phone into making a payment plan to which I gave no details just a verbal agreement that I would pay the first installment in a weeks time.

    FYI this particular payday loan was a roll-over one, I could top up to and make various repayments over a extendable period of time, I'm not sure if this changes things but I certainly do feel that it was made easier for me to get into debt.The only questions I have so far are:

    1. Is there anything in particular about the standard CCA request form that needs to be changed to accomodate payday loans/regulated loan agreement

    2. Can I SAR quick quid or is that likely to be a pointless exercise.

    3. Does it make any difference that in the Particulars of Claim the solicitor has failed to address the account number and/or reference to which I would need should I fail to recognize any of the alleged debt?

    Thank you.


    The claim form can be seen here: https://ibb.co/kpLtNF
    Last edited by ecalid; 13th August 2017 at 15:31:PM.

  2. #2
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    Default Re: Motormile Finance / Moriarty Law vs ecalid

    tagging @Debt Camel @Amethyst xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

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    Default Re: Motormile Finance / Moriarty Law vs ecalid

    Bump??

  4. #4
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    Default Re: Motormile Finance / Moriarty Law vs ecalid

    Hi escalid

    I posted this on another thread a wee while ago.
    http://legalbeagles.info/forums/show...646#post744646
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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    Default Re: Motormile Finance / Moriarty Law vs ecalid

    Thank you @charitynjw.

    It seems that my only chance bar not recieving any documentation from my CCA and CPR requests, is to go down the affordability route.

    Will they still not maintain the upper hand as I have entered into a verbal agreement to pay, in other words admitted liability.

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    Default Re: Motormile Finance / Moriarty Law vs ecalid

    How & what the payment arrangements are will not affect an affordability complaint.
    But if it were me I wouldn't mention any payment negotiations atm.
    If necessary that could be dealt with at mediation (if the court claim gets that far).
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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    Default Re: Motormile Finance / Moriarty Law vs ecalid

    So having already sent off the CCA request and the CPR request, am I still legally entitled to put in a complaint and ask for the stay?

    And I was under the impression that email as a whole do not really contain enough clout to warrant being a legal instrument. Is there a more traceable and formal way of complaining on these grounds?

    I know this sounds quite thick. Sorry.

  8. #8
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    Default Re: Motormile Finance / Moriarty Law vs ecalid

    Bump??

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    Default Re: Motormile Finance / Moriarty Law vs ecalid

    Having already emailed QuickQuid with an Affordability Complaint to which I received no reply and a phone call to Moriarty Law to explain that I had protested the case on Affordability grounds they have since gone through with the claim process.
    can you be more specific about this?

    when did you put in the affordability complaint to QQ?

    when did you inform ML about the complaint?

    Did you have other payday loans? If so are you pursuing affordability complaints for them?

  10. #10
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    Default Re: Motormile Finance / Moriarty Law vs ecalid

    I put the affordability complaint a few months ago via email. If my memory serves me right then I think they may have sent me a letter telling me that they no longer deal with it as it has been ttansffered to the DCA.

    I don't think I pursued this any further but will try again over this weekend.

    I contacted ML by phone once I had contacted QQ and they said the likelyhood of the complaint halting proceedings was slim and then coerced me into setting up a repayment plan that I didn't commit to.

    At the time I had Wonga loans that I believe were eventually written off as they have not attempted to contact me for years. The QQ loan was on flexi credit and they had given me multiple opportunities to extend my loan which I did.

  11. #11
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    Default Re: Motormile Finance / Moriarty Law vs ecalid

    I put the affordability complaint a few months ago via email. If my memory serves me right then I think they may have sent me a letter telling me that they no longer deal with it as it has been transferred to the DCA.
    That is a great shame - you should have told QQ that you wanted them to consider your complaint including the loan that was sold. Try to do that now, but MMF can reasonably say they started the court case as your dispute has lapsed.

    I suggest you consider a wonga complaint to - it may give you some money to help settle this MMF debt.

    Don't fret about whether you have been coerced into admitting liability - this is largely irrelevant. If they can produce the CCA documentation then it doesn't matter what you said, the debt is enforceable. If they can't then it isn't.

  12. #12
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    Default Re: Motormile Finance / Moriarty Law vs ecalid

    It may just be a matter then of conceeding to this particular debt then if the CCA documentation is all correct. Hopefully its not.

  13. #13
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    Default Re: Motormile Finance / Moriarty Law vs ecalid

    Quote Originally Posted by Debt Camel View Post

    Don't fret about whether you have been coerced into admitting liability - this is largely irrelevant. If they can produce the CCA documentation then it doesn't matter what you said, the debt is enforceable. If they can't then it isn't.
    Not necessarily true
    No CCA should mean unenforecable but there is more to enforcement than the agreement and the CCA request as @Diana M 's firm has shown
    http://www.legalbeagles.info/forums/...ighlight=leeds

    I realise this wasn't a PDL but some of the arguments are sound - assignment being one of them
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

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