Getting myself out of debt

[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?

[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]

no DQ as 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?

[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]

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]

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.

[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

[cymruambyth]

Just make sure that you reply to any email from Di as this will ensure that you get the best possible advice.

[debrag]

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

[debrag]

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

[The Tech Clerk]

Send to webmaster@all-about-debt.co.uk. For checking refer this thread

[Joanna Connolly Solicitors]

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

[debrag]

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?

[cymruambyth]

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.