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  • Originally posted by Diana Mayhew View Post

    Good, that means you've prevented the Claimant from getting a Default Judgment (CCJ) for missing that AOS deadline.

    You now need to diary date the deadline for filing your Defence, which will be 33 days from the Claim Issue Date.

    Di
    Date issues was 27th August so deadline is 29th September.

    If documentation isn't received (namely DN) what defence do I use, how do I word everything.
    Last edited by debrag; 22 September 2019, 12:05.

    Comment


    • Originally posted by debrag View Post
      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 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 soom. 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.
      Are they running scared? I haven't received anything back from the CPR 31.14 yet. Where does the 24th September come from?

      Do I do anything?

      Comment


      • Hi debrag

        Are you not intouch with Di about this?

        I am sorry but we cannot give legal advice on the site as the rest of us do not have any of your back ground information or legaly allowed to
        That is why we ask people to contact Di for advice.

        If you don't want to contact her you may need to talk to CAB who may help.

        Best wishes NW
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment


        • Originally posted by nightwatch View Post
          Hi debrag

          Are you not intouch with Di about this?

          I am sorry but we cannot give legal advice on the site as the rest of us do not have any of your back ground information or legaly allowed to
          That is why we ask people to contact Di for advice.

          If you don't want to contact her you may need to talk to CAB who may help.

          Best wishes NW
          sorry thought it was worth asking on here that's all.

          Comment


          • talk to Di ???? any reason why not???
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment


            • Originally posted by debrag View Post

              Are they running scared? I haven't received anything back from the CPR 31.14 yet. Where does the 24th September come from?

              Do I do anything?

              You need to go online and file your Defence to avoid a Default Judgment.

              If Moriarty Law hasn't responded to your CPR 31.14 request, then that's their problem not yours. Don't miss your Defence deadline while waiting for a response which may never come.

              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
              Legal Disclaimer

              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0151 254 6986 Our initial advice is always free.

              Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

              Comment


              • Originally posted by Diana Mayhew View Post


                You need to go online and file your Defence to avoid a Default Judgment.

                If Moriarty Law hasn't responded to your CPR 31.14 request, then that's their problem not yours. Don't miss your Defence deadline while waiting for a response which may never come.

                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
                Defence entered

                Comment


                • good move
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment


                  • Originally posted by debrag View Post

                    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

                    Comment


                    • sit on hands keep quiet for now, they make a mistake their problem, tell them they correct it then your problem
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment


                      • Originally posted by debrag View Post
                        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.

                        Comment


                        • Originally posted by debrag View Post

                          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

                          Comment


                          • Originally posted by Warwick65 View Post

                            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.

                            Comment


                            • 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.

                              Comment


                              • 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
                                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                                Comment

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