Shotley's UE Journey

[Shotley]

Thanks Di

Complaint is lodged but heard nothing back yet, thought I'd have at least been acknowledged. Moriarty Law, clearly following up from the CCA request made to Lantern, sent another letter giving me 16 days from the date of their reminder letter - so that would be response by 17th July thats the same as the LBA.

Emailed Niddy the CCA and awaiting his response.

PRA state their Pounds2Pocket loan is unenforceable, for now, but their CCA is virtually identical to this one from Lantern.

[Shotley]

• Type of account - PayDay Loan - QuickQuid
• Date commenced (ideally before Apr 2007) - Jan 2013
• Approx balance - £380
• Date last paid (approximate date you last made a FULL payment) - April 2013
• Are you on arrangement or not paying - Not Paying
• Status (default/in arrears/up-to-date) - Defaulted
• Account owner (who is writing to you, a DCA or the lender) - MMF/Lantern

RECEIVED - June 2017 Letter from Moriarty Law on behalf of MMF/Lantern Letter Before Claim

SENT - SAR Request 22/6/2018 to QQ/P2P via email

RECEIVED - Response to SAR Electronically

SENT - CCA Request 25/6/2018 with statutory £1 fee marked for CCA to MMF/Lantern

RECEIVED: Response to CCA request, details of which do not match corresponding records in my possession.

RECEIVED: Letter from Moriarty Law titled 'FINAL DEMAND BEFORE PROCEEDINGS' giving me 16 days to come to an amicable resolutions.

SENT - Copy of CCA to Niddy who has deemed it enforceable

So Niddy has deemed this enforceable.

The next question now is how do I respond to Moriarty Law? I wondered why I hadn't received a response regarding the affordability complaint and for some unknown reason the emails did not send; they've been sat in my outbox since the 26th June! I have sent them now though but I'm not sure this will be good enough for Moriarty to back down.

Advice would be appreciated, I will need to get this back to them today if I want to respond by their deadline

[The Tech Clerk]

Trouble with e-mails = better send as letters RECORDED DELIVERY and keep copy on file of letter and receipt in date order

[Shotley]

Trouble with e-mails = better send as letters RECORDED DELIVERY and keep copy on file of letter and receipt in date order

To be honest, I had those in my outbox ready to go just before I went on holiday and I sent them the evening before I caught my 6am flight. I will probably print and send them as paper copies too now I've thought about it a bit more.

I'm hoping Diana Mayhew can advise me on how to proceed next with the response to this LBA. I'm almost starting to feel like I should make an offer to pay it.

[Roger]

Well this was Di's earlier recommendation.

"..

If MMF/Lantern don't comply with your CCA Request you can tick Box D which is for disputed debts making them aware of the non-compliance issue. Then go to Box I where you can ask for the Default Notice and the Notice of Assignment.
.."

You need evidence of the delivery of the affordability complaint (which undermines the Debt per se). so that you can tick Box D
Outstanding affordability Claim!!! Plus CCA
But I would also be tempted to send out (by Recorded Delivery) a Missing P/T's letter )against the CCA that they have sent at the same time as your response to the Letter Before Claim.
Let me explain that it is a matter of opinion as to whether the CCA is EN or Not (only a Judge can really decide!) so you saying that it isn't UE isn't unreasonable.

The timing of the above is crucial. The P/T's and the return of the LBC! Same Day!

[Shotley]

Thanks Roger

The thing is, I think they have sent me everything. At least what I would consider to be the P/Ts that were applicable. I sent Niddy a scan of the entire document and he never mentioned missing P/T's. Crikey these things are confusing at times. This document is 27 pages long and lists apr, amounts, payment dates etc. everything I thought constituted the prescribed terms.

That said, it's idential to another CCA request from PRA regarding a Pounds2Pocket loan and they consider it unenforceable.

Could I still tick box d regarding the outstanding affordability claim though?

[Roger]

Thanks Roger
The thing is, I think they have sent me everything. At least what I would consider to be the P/Ts that were applicable. I sent Niddy a scan of the entire document and he never mentioned missing P/T's. Crikey these things are confusing at times. This document is 27 pages long and lists apr, amounts, payment dates etc. everything I thought constituted the prescribed terms.
That said, it's idential to another CCA request from PRA regarding a Pounds2Pocket loan and they consider it unenforceable.
Could I still tick box d regarding the outstanding affordability claim though?

Yes tick box D. Outstanding CCA , Outstanding affordability Claim. (BOTH REASONS)

Send missing P/T's (its only an opinion! in your Case based upon your PRA experience!!)
Let them wade through 27 pages crossing the I`s and t`s
PLUS Outstanding affordability claim!
BOTH reasons.

Then as Di said you ask for the Default Notice and the Notice Of Assignment.

By sending the Affordability by RECORDED you have the paper proof!
Send the Missing P/T`s AT the same time as the LBC by Recorded Delivery.
The timing is crucial

[Shotley]

They'll be going today, special delivery!!

[Roger]

They'll be going today, special delivery!!

Good! Now enter these into your Diary.
You are only following Di`s previous suggestion here! By disputing the CCA they have sent you can honestly say CCA outstanding (you have the recorded letters to prove this!)

[Shotley]

Updated my diary, sent the template letter to Lantern Roger pointed me towards and sent the response to the Letter Before Claim to Moriarty Law. I sent both special delivery so guaranteed to be with them first thing Monday morning!

Thanks All!

[Shotley]

So the letters sent to Lantern and Moriarty law were received yesterday.

This morning I have had a text from Moriarty Law asking me to contact them and literally two minutes after that they called my mobile. I have an app on my phone that Id's numbers as they come in and it flashed up red as SPAM/DEBT COLLECTOR; looking the number up online confirmed who it was.

This seems a bit odd when they've issued a letter before claim and I've responded to it within the time frame. I've had a text off them before but they've never initiated a call to me in the past. Perhaps a heartening sign that they are trying another tactic.

On the plus side, I also received confirmation from QuickQuid/Pounds2Pocket acknowledging the affordability complaint.

[Still Waving]

Hi

It probably goes without saying that you should not respond to those texts and phone calls - but I've said it anyway.

[Shotley]

No, they can keep writing to me and buy stamps

[Shotley]

• Type of account - PayDay Loan - QuickQuid
• Date commenced (ideally before Apr 2007) - Jan 2013
• Approx balance - £380
• Date last paid (approximate date you last made a FULL payment) - April 2013
• Are you on arrangement or not paying - Not Paying
• Status (default/in arrears/up-to-date) - Defaulted
• Account owner (who is writing to you, a DCA or the lender) - MMF/Lantern

RECEIVED - June 2017 Letter from Moriarty Law on behalf of MMF/Lantern Letter Before Claim

SENT - SAR Request 22/6/2018 to QQ/P2P via email

RECEIVED - Response to SAR Electronically

SENT - CCA Request 25/6/2018 with statutory £1 fee marked for CCA to MMF/Lantern

RECEIVED: Response to CCA request, details of which do not match corresponding records in my possession.

RECEIVED: Letter from Moriarty Law titled 'FINAL DEMAND BEFORE PROCEEDINGS' giving me 16 days to come to an amicable resolutions.

SENT - Copy of CCA to Niddy who has deemed it enforceable

SENT - 13/07/2018 Copy of P/T's letter to Lantern/MMF.

SENT - 13/07/2018 Response to LBC stating non-compliance with P/T's as per advice and advising an affordability claim has been made.

RECEIVED: Letter from Lantern - response to the P/T's letter containing the same agreement originally sent to me 3 weeks previous. Also advising that Moriarty Law are handling the account now.

RECEIVED: Letter from Moriarty in response to the LBC reply I sent. They advise the matter has been referred back to Lantern and collection activity will be suspended for now.

So two letters plopped through the letterbox this weekend.

Lantern have responded to my missing P/T's letter that Roger suggested I send. Their response was to send me exactly the same CCA document that I had received earlier in the month and telling me that I should speak to Moriarty Law from now on.

Moriarty Law also replied to my LBC response advising they will speak to their client, (I cited no default notice, notice of assignment as well as failure to provide P/T;s in that response), and they are advising that they await instructions from Lantern and will suspend collection activity.

Hopefully, I will be able to rid myself of these dirt-bags if my assumptions about the CCA they've provided is correct

[debrag]

Can I ask how long did QQ take to sent you everything from a SAR request? I know that they have a month but I don't like waiting lol