Shotley's UE Journey

[nightwatch]

Diana Mayhew

how the eck do you do that??

[The Tech Clerk]

Diana Mayhew start with the @ then start writing Diana !!! as shown

[Shotley]

OK So, on Saturday I received a claim form from the County Court Business Centre issued on behalf of Moriarty Law.

Really not sure what to do now. Do I need to write a full defence now or just acknowledge service?

Where to even begin with this....

Anyone have advice they can share?

Thanks

[nightwatch]

OK So, on Saturday I received a claim form from the County Court Business Centre issued on behalf of Moriarty Law.

Really not sure what to do now. Do I need to write a full defence now or just acknowledge service?

Where to even begin with this....

Anyone have advice they can share?

Thanks

Diana Mayhew is your friend contact her and she can help, you have to contact her, she cannot just pop up like a fairy god mother

[Shotley]

I appreciate that, and I've sent her an email but I know Diana Mayhew is very busy though so was also throwing it out to other forum users who might have any advice or experience they could share.

[Shotley]

Afternoon all,

Just a quick update.

I have filed a defence with the court regarding my QuikQuid loan and I think they're going to have trouble getting it through the gate since they can't show a valid DN.

I have also finally received a letter from Intrum in response to their Letter Before Claim. I asked for the Notice of Assignment from the original creditor and their Notice of Assignment but I think they have just dropped themselves right in it.

Their solicitors and their own previous correspondence state that they gave me NOA in December 2017 but I've made a specific point of asking for the notice from Aqua. In their bundle is a document that is purportedly from Aqua dated 2013 saying that all rights to the agreement were transferred to 1st Credit in 2013 with a similar letter from 1st Credit, with the same date, saying they now owned the account. In the same bundle of docs is another introduction letter from 1st Credit, (which is the first letter I ever received from them), so which is it? They need to get their story straight I think.

Further, I SAR'd Aqua in March 2018 and guess what? No copy of the letter the Intrum have sent me today exists. So either Aqua are in breach of their obligations to provide me with everything I asked for or Intrum have provided a forged document.

I also asked for the Deed of Assignment and I am informed that it is a legally privileged document and am not entitled to see it. From what I've read it's a common response to asking for sight of the Deed but there is precident for asking for sight of the document. Am I wrong?

Anyway, hope all are well!

[Warwick65]

Hi
Just remember there may not be actual copies of letters such as DN's in a SAR request but there should be details in the logs of what was sent and when. A case in point was when I sent a SAR to capital One it said the account had been sold on x date . The NOA that was received from the claimant was x+ 6 days which would beg the question, where was that balance in between. It was not looked at in court because we won on no DN.

As for seeing the Deed, yes it is privileged but a Judge can order it to be disclosed so in your defence you need to say you need it and then in your witness statement quote the case law as to why you have the right to see it. That is not to say a Judge won't go their own way- they do sometimes

I am not up to date with all the details of your claims so am just giving general observations

[Shotley]

That's the thing, the logs end in July 2013 and restart with my SAR request in March. The logs show no default notice, no termination notice and certainly no notice of assignment. In fact, the logs show no end date on the account and the update in March shows they've updated my account details to include my new address which seems strange since they are updating an account that they've purportedly sold.

I also have statements and letters in the document bundle up to July 2017 which flies in the face of the suggestion that they purchased the debt in 2013.

[nanna58]

Looks like Di will be back tomorrow xxx