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Motormile Finance/Moriarty Law vs Oggmeister

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  • Motormile Finance/Moriarty Law vs Oggmeister

    Received a claim Yes
    Issue Date: 23rd February 2017
    Amount approx: £200 with Fees/Costs
    Claimant: Motormile Finance UK LTD(MMF)
    Solicitor: Moriarty Law
    Original Creditor: PDL FINANCE LTD T/A MR LENDER
    Particulars of Claim:
    THE DEFENDANT OWES THE CLAIMANT £104.23 UNDER A REGULATED LOAN AGREEMENT WITH PDL FINANCE LTD T/A MR LENDER DATED 16/12/2011 WHICH WAS ASSIGNED TO THE CLAIMANT ON 15/09/2014 AND NOTICE OF WHICH WAS GIVEN TO THE DEFENDANT ON THE 15/09/2014 (DEBT). DESPITE FORMAL DEMAND FOR PAYMENT OF THE DEBT THE DEFENDANT HAS FAILED TO PAY AND THE CLAIMANT CLAIMS £104.23 AND FURTHER CLAIMS INTEREST THEREON PURSUANT TO SECTION 69 OF THE COUNTY COURT ACT 1984 LIMITED TO ONE YEAR TO THE DATE HEREOF AT THE RATE OF 8% PER ANNUM AMOUNTING TO £8.33
    Is the debt Statute Barred? No
    List any letters you have sent: None yet I have CCA and CPR Letters ready to be posted tomorrow
    Any Other Info: Evening all, first time poster. Been a member for a while and read a lot of the cases around DCA's issuing court claims. I have been through some financial difficulty in recent times that resulted in joining a DMP a few years ago, unfortunately couldn't afford to carry it on and it ended in late 2014. Obviously this left me with a few debts that I have been unable to pay and I have been expecting to receive a claim sooner or later and the first one arrived on Monday. This is the chain of events so far:
    · 27/02/2017 – received court claim through post along with letter from Moriarty Law
    · Issue Date on claim form 23/02/17
    · 28/02/2017 - Acknowledged claim online and intention to defend all of the claim
    · 02/03/2017 – I will send the CCA request to Motormile Finance with statutory £1 fee and send CPR request to Moriarty Law.

    Advice on next steps would be much appreciated.

    Thanks in advance,

    Oggmeister
    Tags: None

  • #2
    Re: Motormile Finance/Moriarty Law vs Oggmeister

    Hi all,

    I sent the CCA and CPR letters on Thursday recorded post, so am waiting for replies to both from claimant and solicitor. As the Issue date on the claim form was 23/02/17, I believe that I have 33 days from that date, making 28/03/17 the date by which I need to file my defence?

    Comment


    • #3
      Re: Motormile Finance/Moriarty Law vs Oggmeister

      Yep - 28/03/2017 4pm latest (unless they agree to the deadline extension).

      Have you previously received communication from MMF on the subject of short term high cost loans, possibly offering a discount?
      &/or informing you that they have been legally assigned the right to receive payment of this debt?
      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

      Comment


      • #4
        Re: Motormile Finance/Moriarty Law vs Oggmeister

        Thanks [MENTION=5553]charitynjw[/MENTION],

        I have received the usual DCA letters chasing the debt, please make contact, etc. which have been ignored, no mention of a discount though.

        I don't recall receiving an assignment notice and I haven't got anything filed.

        In terms of filing the defence, after reading up it would seem it's best to do this as late as poss if I haven't received any documentation and include this in the defence?

        Oggmeister

        Comment


        • #5
          Re: Motormile Finance/Moriarty Law vs Oggmeister

          Hi Oggmeister

          There has been a lot of 'issues' recently concerning payday loans. (Irresponsible lending, rollover loans etc).
          It would be worth exploring the avenues available.
          I'll give [MENTION=48934]Debt Camel[/MENTION] a nudge to see if there's any further info.

          But don't acknowledge the debt in any way for the moment as their is a live court claim in play.

          & yes, I believe the consensus is to leave filing the defence as late as possible (but do not miss the deadline!).
          You might yet receive compliant responses to your requests or an agreement to extend the deadline.
          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

          Comment


          • #6
            Re: Motormile Finance/Moriarty Law vs Oggmeister

            Sorry, quite a few questions:

            How many loans did you have with Mr Lender before this one you defaulted on?

            Did you borrow from other payday lenders too?

            How large are your other debts that were in the DMP - and do you have new debts as well?

            Are you buying or renting?

            Comment


            • #7
              Re: Motormile Finance/Moriarty Law vs Oggmeister

              Hi [MENTION=48934]Debt Camel[/MENTION],

              How many loans did you have with Mr Lender before this one you defaulted on? Just the one

              Did you borrow from other payday lenders too? Yes - looking at my credit report I had a few over a 12 month period

              How large are your other debts that were in the DMP - and do you have new debts as well? Yes - mainly loans, DMP debt was around 10K

              Are you buying or renting? I presume this refers to residential status, in which case renting

              Thanks,

              Oggmeister

              Comment


              • #8
                Re: Motormile Finance/Moriarty Law vs Oggmeister

                If you had had quite a few loans with MrL then you could conside putting in an affordability complaint - see https://debtcamel.co.uk/payday-loan-refunds/ for general info about these. In theory you could get the court case stayed pending this complaint being resolved, see https://debtcamel.co.uk/court-payday-loan-debt/, but this is pretty complicated and with only 1 previous loan MMF could argue that your complaint has little prospect of success. I'm not sure this is a sensible avenue for you to pursue.

                If there were other payday lenders you borrowed from more often, you could consider putting in affordablity complaints to them.

                Have you talked to a debt adviser about your full situation? If you were unable to pay the DMP and are renting, a debt relief order may be a possible option, see https://debtcamel.co.uk/debt-options/dro/. This will wreck your credit record but a CCJ is going to do that anyway...

                Comment


                • #9
                  Re: Motormile Finance/Moriarty Law vs Oggmeister

                  Thanks for the information Debt Camel, I am certainly going to look at complaints to other pay day lenders using the info on your website. I am going to take a bit of time to consider if a DRO is the best thing to do, in the mean time I intend to carry on the defence of this claim, I have a family member waiting in the wings who may be able to give me some financial support if MMF come up with the documents.

                  Oggmeister

                  Comment


                  • #10
                    Re: Motormile Finance/Moriarty Law vs Oggmeister

                    For defence of the live court claim, if it were me I'd wait to see whether they respond to the CCA & CPR requests.
                    If not, then use the forum template defence (top of this thread) on, or just before, the deadline.
                    The amount being claimed (<£200 inclusive of costs & interest) does not give MMF much room for profit, bearing in mind that they have already had to purchase the debt & issue the claim.
                    Maybe they were hoping that you would 'roll over' & pay up if threatened with court.
                    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

                    Comment


                    • #11
                      Re: Motormile Finance/Moriarty Law vs Oggmeister

                      Hi [MENTION=5553]charitynjw[/MENTION]

                      I have received responses to both the CCA and CPR requests, I have attached these. I have had the £1 postal order returned by MMF, Moriarty Law have said in their reply that I should have sent to them?

                      I don't believe that the case has been assigned to a track yet as claimed in the Moriarty Law reply, on MCOL the claim history is acknowledgement of service by myself on 28/02/17 , would you advise I send a reply to Moriarty with the £1 postal order included again?

                      I also received an email from MMF as follows:

                      We write with regard to the above referenced account number and recent communication.

                      Unfortunately this account has been transferred to our legal department Moriarty.

                      You can contact them either by telephone or email.
                      Please find the details you require below:
                      Tel: 02031264544
                      Email: admin@moriartylaw.co.uk

                      If you have any queries or need to talk to us, please get in touch.

                      Yours sincerely
                      Motormile Finance UK Limited (MMF)
                      Please note: If you choose to communicate with MMF by email, unless otherwise advised by you, we will accept this as your consent to use your personal details to contact you by electronic means (email) with information about your account(s) which may include collections activity, negotiations and other services and products.

                      Thanks,

                      Oggmeister
                      Attached Files

                      Comment


                      • #12
                        Re: Motormile Finance/Moriarty Law vs Oggmeister

                        Hi Oggmeister

                        Both MMF & ML are incorrect.
                        A CCA request via 77 to 79 is made to the creditor, who in this case is MMF. your end of the deal is to send the request + the £1 fee. If they choose to ignore it, or return it, or use it to wrap up their fish & chip supper, that's their decision. It does not alter the fact that a lawful request under the appropriate legislation has been made by you.
                        It is good of them, however, to return the £1, thus giving documented evidence of their mistaken interpretation of the law.

                        ML, on the other hand, should know better.
                        CPR 31.14 requests do not have a set fee. (You do normally offer to refund a reasonable amount for the cost of photocopies, but it is rarely asked for by the recipient of the request).
                        & CPR 31 is applicable up until the case has been allocated by the court, not ML, to Small Claims Track.
                        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

                        Comment


                        • #13
                          Re: Motormile Finance/Moriarty Law vs Oggmeister

                          Thanks [MENTION=5553]charitynjw[/MENTION],

                          I thought so!

                          Is it advisable to send both creditor and solicitor a letter to remind them of their responsibilities for CCA and CPR, or just wait to see if they come up with any documentation?

                          Thanks,

                          Oggmeister

                          Comment


                          • #14
                            Re: Motormile Finance/Moriarty Law vs Oggmeister

                            Imho
                            Don't chase the CCA request......once you've (properly) sent the request & have documented proof of posting, for as long as they do not comply with the request they cannot enforce the claim.
                            As for the CPR response, I'd be inclined in this instance to leave that as well....keep it safe for the future & just mention it as evidence of their incompetency in the defence. (Same with the CCA response).
                            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

                            Comment


                            • #15
                              Re: Motormile Finance/Moriarty Law vs Oggmeister

                              Hi @charitynjw,

                              So far no documents received from either claimant or solicitor.

                              My defence has to submitted by Tuesday, would you be able to check below and give your opinion on the suitability of the defence I have drafted so far:

                              Defence

                              1: I received the claim ******** from the Northampton County Court on 23/02/17.

                              2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

                              3: This claim appears to be for a Loan agreement regulated under the Consumer Credit Act 1974.

                              4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

                              5. The Claimants statement of case states that the account was assigned from PDL Finance Ltd T/A Mr Lender to Motormile Finance UK Ltd (MMF) on 15/09/14. The Defendant does not recall receiving notice of this assignment.

                              6. It is denied that PDL Finance Ltd T/A Mr Lender served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

                              7: On the 02/03/17 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Moriarty Law. I requested the Claimant provide copies of the Agreement, Assignment and Default Notice.

                              8. Moriarty Law has not sent any of these documents to me.

                              9. On the 02/03/17 I sent a formal request for a copy of the original agreement to Motormile Finance (UK) Ltd pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

                              10. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

                              11. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

                              12. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

                              13. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

                              14. It is denied that the Claimant is entitled to the relief as claimed or at all.

                              Statement of Truth

                              The Defendant believes that the facts stated in this Defence are true.



                              Signed Oggmeister

                              Dated 26/03/17



                              Thanks again for the help,

                              Oggmeister
                              Last edited by Oggmeister; 26th March 2017, 15:40:PM. Reason: Typos!

                              Comment

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