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  • 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,
    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?

    Comment


    • Originally posted by debrag View Post

      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 >


      Originally posted by Diana Mayhew View Post

      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
      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


      • no DQ as yet

        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,
          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?

          Comment


          • 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!

            Comment


            • Originally posted by Shotley View Post
              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

              Comment


              • 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.

                Comment


                • Originally posted by debrag View Post

                  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
                  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


                  • Just make sure that you reply to any email from Di as this will ensure that you get the best possible advice.
                    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 Shotley View Post
                      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 received the assignment?

                      I'll post up the relevant legalese with these two points later.
                      My NoA was from MMF (now Lantern) and as sent via email, received a copy of it via post through SAR requests

                      Comment


                      • Originally posted by debrag View Post
                        Debt 3 Very
                        Opened: December 2016
                        Type: Catalogue
                        Current Balance: £767
                        Last payment: £1.00 | July 2018
                        Last fill payment: November 2017
                        Arrangement: DMP / Not paying May 2018
                        Status: Late payment / Default 02/19
                        Owner: Very (NCO) / Lowell
                        2017
                        December - NCO letter, 'we are acting on behalf of Shop Direct'

                        2018
                        January - Very statement
                        March - NCO letter, Notice of Sums of Arrears under CCA 1974
                        March - NCO letter, Total outstanding letter
                        March - NCO letter, Confirmation of the following payment arrangement (£1)
                        May - NCO letter - Concerns regarding overdue account
                        June - Very statement
                        July - Statement received along with arrears letter and fact sheet
                        September - Credit limit has been reduced to £850.
                        October - Received secure letter via email / message on account letting me know 'we appear to have not received your most recent payment' and that I have £401.13 in arrears
                        November - Received secure letter via email / message on account letting me know 'we appear to have not received your most recent payment', overdue payment is for £426.80.
                        December - Received secure letter via email ;The Customer Arrears Support Team need to speak to you, please get in touch.' Overdue amount of £450.67.
                        December - Received secure 'please contact us' letter. 'You are seriously in arrears'.
                        January - Received statement. Balance £767.73, min payment £493.50, arrears £472.87


                        2019
                        January - Default notice received. In breach of arrears of £472.87 to be paid before 30th Jan 2019. Further enforcement action to be taken if not paid. Full balance is £767.73.
                        Februrary - Welcome letter received from Lowell, along with assignment letter from Very/.Shop direct
                        May - Received 'your payment is overdue' letter
                        June - Received a 20% discount offer.
                        July - Received an overdue payment letter
                        July - Another 20% off settlement letter received
                        August - Pre-legal assessment letter and annual statement received.
                        August - 2nd pre-legal assessment letter
                        August - Sent CCA request letter
                        August - Receive a £50 cheque for my complaint ??
                        October - Received CCA in the post
                        CCA finally received. Account on hold til 21/11/2019

                        Comment


                        • Send to webmaster@all-about-debt.co.uk. For checking refer this thread
                          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 Diana Mayhew View Post
                            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

                            Have you filed your Directions Questionnaire at court to avoid getting your Defence struck out?

                            Did you tick 'Yes' to Mediation ?

                            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


                              Have you filed your Directions Questionnaire at court to avoid getting your Defence struck out?

                              Did you tick 'Yes' to Mediation ?

                              Di
                              Yes that has been sent. How long before I hear anything? If it goes against me how long do I have till I have to pay and will it be in one full payment?

                              Comment


                              • If you get a CCJ you have 30 days to pay it off so that it doesn’t appear on your record. You can also apply to the court to pay by instalments.
                                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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