Getting myself out of debt

[Joanna Connolly Solicitors]

What do I do now, just fill it in saying yes to mediation? Do I send copies to Moriarty Law?

I've emailed you

The most important thing at this moment in time is to respond to the Directions Questionnaire by the court's deadline so that your Defence is not struck out meaning you will get a CCJ.

Tick 'Yes' to mediation. If it fails the legal juggernaut will continue.

Send your DQ response to NCCBC.

Di

[Shotley]

No didn't do meditation. Nothing to mediate.

Assignment and Default Notices by email aren't acceptable. Out of interest who is your notice from? The lender or Lantern? Have you admitted in your defence you've recieved the assignment?

I'll post up the relevant legalese with these two points later.

[debrag]

Sorry.

I've been away working, I see at the end of August Di said she had emailed me, I didn't receive an email, sorry.

debrag don't despair! I've actually had my day in court with Moriarty Law and won. They ended up having to send me £117 for expenses and my day off work.

It didn't even come down to the CCA in the end. Won on two points. No Notice of Assignment from the original creditor, they didn't even put their own notice into the documents pack but would have been deemed as not served since they supposedly sent the NoA and the Default Notice via email. I'd have to dig out the judgement but essentially it comes down to more than just providing the agreement. They have to show that they've followed all the proper procedures during the whole process which they couldn't.

Also ML didn't even send a representative to court and the judge said that if they didn't send anyone to answer questions then he'd just take my word for it. No one there to counter the arguments or answer his questions.

So take heart, they've got a long way to go yet!

Did you not do mediation? I have a notice of assignment but sent via email

[Shotley]

Sorry.

I've been away working, I see at the end of August Di said she had emailed me, I didn't receive an email, sorry.

debrag don't despair! I've actually had my day in court with Moriarty Law and won. They ended up having to send me £117 for expenses and my day off work.

It didn't even come down to the CCA in the end. Won on two points. No Notice of Assignment from the original creditor, they didn't even put their own notice into the documents pack but would have been deemed as not served since they supposedly sent the NoA and the Default Notice via email. I'd have to dig out the judgement but essentially it comes down to more than just providing the agreement. They have to show that they've followed all the proper procedures during the whole process which they couldn't.

Also ML didn't even send a representative to court and the judge said that if they didn't send anyone to answer questions then he'd just take my word for it. No one there to counter the arguments or answer his questions.

So take heart, they've got a long way to go yet!

[debrag]

Debt 12 QQ

Opened:	January 2012
Type:	PDL
Current Balance:	£481
Last payment:	£1.00 | February 2016
Last fill payment:	£110 | February 2012
Arrangement:	None
Status:	Default | off credit report
Owner:	Lantern

Fell of credit report May 2018, MMF/Lantern send email January 2018, payment set up for £2 a month, last payment June 2018, SAR letter sent, received all documentation including a breakdown and CCA. Full payment was £722 as stated in the CCA but on account info in SAR letter interest is £590, so that's £368 in extra charges . Have paid Lantern £8.

2012
Email tennis - notice of overdue payment, payment plan offer, unable to afford payments
Email - notice of formal complaint, payment plan offered by QQ, ignored
Email - debt referral - ARC

2015
Back to QQ
Balance recieved via email - balance 695, 170 received from ARC - £499 in default
Overdue payment emails

2016
Overdue payment emails
Loan balance requested - nothing received

2017
Overdue payment emails - only 2 this time
Notice of sale

2018
Notice of assignment - MMF
Repayment plan confirmation
Fell off credit report
SAR sent + documents received
Repayment plan closed by me
August - Received response about my irresponsible lending claim and it was too long ago now.
September - starting to receive calls, no letters or emails

2019
April - Received letter/email for an outstanding balance of £481.16. Subject 'we're about to take action, contact us today'.
April - Received letter via email 'we will now instruct our solicitors to commence recovery action...f we do not hear from you within the next 7 days we will be left with no alternative but to refer your account to Moriarty Law Limited.'
May - Received Letter of Claim from Moriarty Law giving me 30 days to return the form
May - CCA request sent to Lantern and coy to Moriarty Law
June - Received copy of cca from Lantern + final demand letter from Moriarty Law
June - Letter received from Moriarty Law requesting my cca from their client. Account on hold & collection activity suspended
June - Received a statement of account, assignment letter (not letter headed paper) and cca. Cover letter mentions that they have confirmed the bank details to where the loan went?? I am to discuss payment within 30 days,
July - Received letter from Moriarty Law giving me another 30 days. Can't find letter so unsure of date.
August - Received a letter to say I would be receiving ccj papers soon. 14 days I can still arrange something with them.
August - Same day receive ccj court papers! Date of claim 27th August 219
September - Acknowledgment of Service done online
September - CPR 31.14 sent. Received on 12th September
September - Received email from Moriarty Law offering a repayment plan over 6 months and no longer. First instalment to be paid by 19th September, an out of court settlement. Otherwise county court papers to be returned by 24th September 2019.
September 27th - Defence filed online
September 28th - Reply to CPR 31.14 received. Again with no DN
October - Acknowledgement letter received from the courts,
October - Received letter from Moriarty Law to say that their client (Lantern) are continuing with their claim.
October - Court questionnaire received.

What do I do now, just fill it in saying yes to mediation? Do I send copies to Moriarty Law?

[debrag]

no DQ as yet

[Joanna Connolly Solicitors]

Claim is to continue. What happens next, how long before I hear from the courts?

Have you received a Directions Questionnaire from NCCBC?


I've explained the process in post # 307 >

Once your Defence has been filed, the court will serve it on Moriarty Law who will be advised that they have 28 days to inform the court if they intend to continue with the proceedings. If they don't do that the claim will automatically be stayed (a pause button) and they will have to pay a fee to make an Application to lift the stay if they later decide to continue.

If they inform the court that they intend to continue with the proceedings, then you'll be sent a Directions Questionnaire by the court which you must complete by the deadline. On that DQ there will be a box to tick to say 'Yes' to free telephone Mediation where you can settle the claim without getting a CCJ although the settlement will be legally binding.

If you settle at Mediation but breach the agreement, then the case can be returned to court with the potential of getting a CCJ.

If you don't settle at Mediation (it fails) then the case will be transferred to your nearest county court and a Hearing/Trial date will be set. You will be directed to file a Witness Statement and any evidence you intend to rely on typically 14 days before the Trial date.

Di

If you have been sent a DQ you must respond by the deadline given in the court letter otherwise you may get a CCJ as a sanction.

Di

[debrag]

Debt 12 QQ

Opened:	January 2012
Type:	PDL
Current Balance:	£481
Last payment:	£1.00 | February 2016
Last fill payment:	£110 | February 2012
Arrangement:	None
Status:	Default | off credit report
Owner:	Lantern

Fell of credit report May 2018, MMF/Lantern send email January 2018, payment set up for £2 a month, last payment June 2018, SAR letter sent, received all documentation including a breakdown and CCA. Full payment was £722 as stated in the CCA but on account info in SAR letter interest is £590, so that's £368 in extra charges . Have paid Lantern £8.

2012
Email tennis - notice of overdue payment, payment plan offer, unable to afford payments
Email - notice of formal complaint, payment plan offered by QQ, ignored
Email - debt referral - ARC

2015
Back to QQ
Balance recieved via email - balance 695, 170 received from ARC - £499 in default
Overdue payment emails

2016
Overdue payment emails
Loan balance requested - nothing received

2017
Overdue payment emails - only 2 this time
Notice of sale

2018
Notice of assignment - MMF
Repayment plan confirmation
Fell off credit report
SAR sent + documents received
Repayment plan closed by me
August - Received response about my irresponsible lending claim and it was too long ago now.
September - starting to receive calls, no letters or emails

2019
April - Received letter/email for an outstanding balance of £481.16. Subject 'we're about to take action, contact us today'.
April - Received letter via email 'we will now instruct our solicitors to commence recovery action...f we do not hear from you within the next 7 days we will be left with no alternative but to refer your account to Moriarty Law Limited.'
May - Received Letter of Claim from Moriarty Law giving me 30 days to return the form
May - CCA request sent to Lantern and coy to Moriarty Law
June - Received copy of cca from Lantern + final demand letter from Moriarty Law
June - Letter received from Moriarty Law requesting my cca from their client. Account on hold & collection activity suspended
June - Received a statement of account, assignment letter (not letter headed paper) and cca. Cover letter mentions that they have confirmed the bank details to where the loan went?? I am to discuss payment within 30 days,
July - Received letter from Moriarty Law giving me another 30 days. Can't find letter so unsure of date.
August - Received a letter to say I would be receiving ccj papers soon. 14 days I can still arrange something with them.
August - Same day receive ccj court papers! Date of claim 27th August 219
September - Acknowledgment of Service done online
September - CPR 31.14 sent. Received on 12th September
September - Received email from Moriarty Law offering a repayment plan over 6 months and no longer. First instalment to be paid by 19th September, an out of court settlement. Otherwise county court papers to be returned by 24th September 2019.
September 27th - Defence filed online
September 28th - Reply to CPR 31.14 received. Again with no DN
October - Acknowledgement letter received from the courts,
October - Received letter from Moriarty Law to say that their client (Lantern) are continuing with their claim.

Claim is to continue. What happens next, how long before I hear from the courts?

[Spud]

They can and do reconstitute Default notices all the time by using the account data, Very much as Warwick has said - But obviously that reconstituted document HAS to be correct doesn't it. because to pass one off that isn't quite correct could be quite an embarrassing thing I am sure you will agree

If you were to require and or challenge any reconstituted Default notice should this get to trial - ( As you no doubt would ) This is where they may fall down in addition to any other flaws the account may have - But it takes a detailed eye and practical legal experience to know exactly what to look for - I am not sure of your situation but this is something on a personal level I cannot recommend enough

[Roger]

If in response to your SAR there is NO DN mentioned and or details with figures and dates, then how can they reconstitute one? It will cost them money to proceed! Time to wait and see what happens next.

[debrag]

They 'should; have to prove a DN was issued but if I am honest they might get away with a reconstituted one, especially if they can produce a log from the OC where it says a DB=N was issued.

Have you sent a SAR to QQ (as opposed to MMF- sorry I can't get used to Lantern)

I am assuming you referred to no DN in your defence- this can be expanded on in the WS if it ever gets that far and if necessary relevant case law noted

Yes I have done a SAR request to QQ, all I got was 2 x annual statements in PDF + 5 x contracts in html + private policy in html + cvs documents on credit report, chat transcript, data changes, email, page hits, phone calls, text messages (some of these are blank) + json files of the same stuff. No one has even sent a reconstituted one yet, so they will have to produce SOMETHING, they can't just rely on saying they have sent it? YES no DN was on my defence.

[Warwick65]

Acknowledgement letter received. Will Moriarty have to prove to the courts they have a DN as I claim I've never been given one? Will wait and see what happens next.

They 'should; have to prove a DN was issued but if I am honest they might get away with a reconstituted one, especially if they can produce a log from the OC where it says a DB=N was issued.

Have you sent a SAR to QQ (as opposed to MMF- sorry I can't get used to Lantern)

I am assuming you referred to no DN in your defence- this can be expanded on in the WS if it ever gets that far and if necessary relevant case law noted

[debrag]

Debt 12 QQ

Opened:	January 2012
Type:	PDL
Current Balance:	£481
Last payment:	£1.00 | February 2016
Last fill payment:	£110 | February 2012
Arrangement:	None
Status:	Default | off credit report
Owner:	Lantern

Fell of credit report May 2018, MMF/Lantern send email January 2018, payment set up for £2 a month, last payment June 2018, SAR letter sent, received all documentation including a breakdown and CCA. Full payment was £722 as stated in the CCA but on account info in SAR letter interest is £590, so that's £368 in extra charges . Have paid Lantern £8.

2012
Email tennis - notice of overdue payment, payment plan offer, unable to afford payments
Email - notice of formal complaint, payment plan offered by QQ, ignored
Email - debt referral - ARC

2015
Back to QQ
Balance recieved via email - balance 695, 170 received from ARC - £499 in default
Overdue payment emails

2016
Overdue payment emails
Loan balance requested - nothing received

2017
Overdue payment emails - only 2 this time
Notice of sale

2018
Notice of assignment - MMF
Repayment plan confirmation
Fell off credit report
SAR sent + documents received
Repayment plan closed by me
August - Received response about my irresponsible lending claim and it was too long ago now.
September - starting to receive calls, no letters or emails

2019
April - Received letter/email for an outstanding balance of £481.16. Subject 'we're about to take action, contact us today'.
April - Received letter via email 'we will now instruct our solicitors to commence recovery action...f we do not hear from you within the next 7 days we will be left with no alternative but to refer your account to Moriarty Law Limited.'
May - Received Letter of Claim from Moriarty Law giving me 30 days to return the form
May - CCA request sent to Lantern and coy to Moriarty Law
June - Received copy of cca from Lantern + final demand letter from Moriarty Law
June - Letter received from Moriarty Law requesting my cca from their client. Account on hold & collection activity suspended
June - Received a statement of account, assignment letter (not letter headed paper) and cca. Cover letter mentions that they have confirmed the bank details to where the loan went?? I am to discuss payment within 30 days,
July - Received letter from Moriarty Law giving me another 30 days. Can't find letter so unsure of date.
August - Received a letter to say I would be receiving ccj papers soon. 14 days I can still arrange something with them.
August - Same day receive ccj court papers! Date of claim 27th August 219
September - Acknowledgment of Service done online
September - CPR 31.14 sent. Received on 12th September
September - Received email from Moriarty Law offering a repayment plan over 6 months and no longer. First instalment to be paid by 19th September, an out of court settlement. Otherwise county court papers to be returned by 24th September 2019.
September 27th - Defence filed online
September 28th - Reply to CPR 31.14 received. Again with no DN
October - Acknowledgement letter received from the courts,

Acknowledgement letter received. Will Moriarty have to prove to the courts they have a DN as I claim I've never been given one? Will wait and see what happens next.

[The Tech Clerk]

sit on hands keep quiet for now, they make a mistake their problem, tell them they correct it then your problem

[debrag]

Defence entered

So one day later and I received everything but the DN again. Statement of accounts x2, credit agreement, welcome letter from MMF/Lantern

Now I suppose I wait for their next move or do I need to tell them they haven't complied