Just a little update, today received a letter from Moriarty to say they have my defence and their client will be proceeding. Hmm where are my documents please. Can they proceed without these surely not

Thanks Andy and DX. Defence submitted - I await their response.

Thanks DX helpful as ever. Particulars of Claim for reference only 1.The Defendant owes the Claimant £300 under a regulated loan agreement with Northway Broker Limited dated 1st March 2012 and which was assigned to the Claimant on 09.05.2014 and notice of which was given to the Defendant on 09.05.2014 (debt). 2. Despite formal demand for payment of the debt the Defendant has failed to pay 3.and the Claimant claims £300 and further claims interest thereon pursuant to Section 69 of the county courticon Act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £30. Spruced up a bit. 1. The Defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. The Claimant claims £300 is owed under a regulated loan agreement with Northway Broker Limited. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 77 request who are yet to fully comply. 3. The Claimant's statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served on 09.05.2014 from either the Claimant or Northway Broker Limited 4. It is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimant's Particulars of Claim to establish what the claim is for. To date the Claimant's solicitors, Moriarty Law, have failed to fully comply with this request. 6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the Consumer Credit Act 1974. 8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Can anyone check my defence for me before I lodged it at court. I wont be able to access the internet from Wednesday so I would like to file it either this evening or tomorrow. Thanks in advance Hammyhound

HI Guys, Can you check my defence below. I have not mentioned the fact that no default notice was served as they do not mention it in their particulars of claim. Have I missed anything or anything to add - would be grateful for your comments. Particulars of Claim for reference only 1.The Defendant owes the Claimant £300 under a regulated loan agreement with Northway Broker Limited dated 1st March 2012 and which was assigned to the Claimant on 09.05.2014 and notice of which was given to the Defendant on 09.05.2014 (debt). 2. Despite formal demand for payment of the debt the Defendant has failed to pay 3.and the Claimant claims £300 and further claims interest thereon pursuant to Section 69 of the county court Act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £30. Defence 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. It is denied with regards to an amount due under an agreement. The Claimant’s Solicitor has not disclosed any agreement or statements on which its claim relies upon. 3. On receipt of this claim I requested information pertaining to this claim by way of a CPR 31.14. To date I have yet to receive a compliant response. This was posted on 31st July 2017. To date I have had no response. 4. I requested information by way of a Section 78 request on 31st July 2017. To date I have yet to receive a response complying with the request. To date they have failed to comply and remain in default. Therefore with the court’s permission the Claimant is put to strict proof to: (a) Show and disclose how the Defendant has entered into an agreement; (b) Show and disclose how the Claimant has reached the amount claimed for; © Show how the agreement was breached/terminated to allow the claimant relief. (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Already preparing it subject to anything I receive from MMF/Moriarty. If I dont hear anything by next Friday (17 days from service) its going in. If they have anything they will send it.

Yes DX already done so I will keep an eye on timing. CCA request already done to MMF

Thanks DX - still unsure I had one. Sent off the CPR letter today anyhow. Hopefully they will come back with everything required to proceed further . Will keep an eye on my defence lodging time. Hammyhound

Name of the Claimant ? Motormile Finance Date of issue – top right hand corner of the claim form – 24th July 2017 What is the claim for – 1.The Defendant owes the Claimant £300 under a regulated loan agreement with Northway Broker Limited dated 1st March 2012 and which was assigned to the Claimant on 09.05.2014 and notice of which was given to the Defendant on 09.05.2014 (debt). 2. Despite formal demand for payment of the debt the Defendant has failed to pay 3.and the Claimant claims £300 and further claims interest thereon pursuant to Section 69 of the County Court Act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £30. What is the value of the claim? £300 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? PDL When did you enter into the original agreement before or after 2007? after Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. MMF Were you aware the account had been assigned – did you receive a Notice of Assignment? really cannot remember Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No only doorstep threats up until last year Why did you cease payments? as far as I know never made any payment What was the date of your last payment? as above Was there a dispute with the original creditor that remains unresolved? no dont know who the original creditor is Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no I like others have received a claim form from Moriarty Law. Here are the details. Just about to file an AoS on file and lodge CPR letter with Moriarty. Anything else I need to do - cannot for the life of me know what this is for.

Just subbing on this forum if I may, I am watching with bated breadth as I have just received court papers from MMF so this will give me a few pointers. It seems Moriaty Law have been busy in the last few months.

I know they will want it back and will probably increase the monthly direct debit. They read the meter back in February. Just checked again and it is saying my new direct debit will be £10 (wishful thinking on my part). I suspect they wont contact me until the next meter read when all hell will break loose. Picture the scenario they read meter it comes back that I have used probably about £2000 worth of energy (they have their suspicions of why the electricity is so high) they then contact the police who burst through our door looking for a cannabis farm as we were stupid enough not to bypass the electricity.

We were in debit with Scottish Power for almost 2 years but had been paying an agreed amount each month by direct debit. Meter reader comes on 27th August and reads meter. Yesterday we received an email saying as per our preferences they were refunding £800 into our bank account On looking at our account it seems there is a huge credit each month and our payments were pushing the credit higher. I can only go back 18 months online but just couldnt understand why the account was now in credit. Then the penny dropped the meter reader has read the meter wrong. What he read and put down is wait for it 20000 thingeys less than what the meter says. So instead of 91938 he has put down 71938. I think it can stay in the bank account for a bit before they come knocking on the door. My account online also states 0 for direct debit payments. Makes a change that they are at fault trying to take a screen shot before they realise it is incorrect. They can only blame the meter reader and not me.

Thank you for your comments, she does know they might just say bye after this extension and now feels she cannot stay there anyway her contract says "you will be given a salary increase of £.... after 6 months successful probation which is what she thought she was getting in her August salary as nothing had been said until 2 weeks ago.

Hi can anyone help. Relative starts job on 8th February with 6 months probation which by her calculation takes her probationary period to 6th August. She assumed after 6th August she had successfully completed her probation. She was informed around 18th August that she had got it wrong and that her probation would conclude at the end of this month. Last week they advised her that they would like a further 1 month extension to assess her. No letter explaining what she needs to do to improve nothing. Her contract only states that she will have an increase in salary at the end of the successful 6 month period nothing about extending it. I think there is some kind of failure here but correct me if I am wrong She should have had a meeting around 6th August and not when they felt like it. She should receive a "extension of probation letter" explaining what she has to do. I know there is not much else she can do but it is galling to think that she thought as they had not contacted her around 6th August she had completed a successful probation. I think they dont now want to pay her the increased salary and that by extending her probation they dont have to pay and she will leave Any comments appreciated.

You will probably find that the estate agent is probably trying to keep everyone in the loop. Also they are probably checking on the progress of your mortgage etc so to try and keep the seller's solicitors in the loop. This happens on every sale/purchase with an estate agent. I cannot see any invasion of privacy. The estate agents are doing their job and for the fees they pay which is sometimes a lot more than the solicitor's fees I think the estate agents should be kept on their toes and be more involved. They also need to know when exchange is and more importantly completion day so keys can be released to the purchaser.

Thanks Panther, hmm do I approach them and ask for costs. I have checked with the court again, nothing happened after I received my defence as the court were waiting for the Claimant to proceed so therefore it was not allocated to any track. Another thing that strikes me is can they sell this debt to another DCA and the whole process starts again as this would be a new Claimant but the debt is the same. Decisions, decisions

Notice of Discontinuance received today. Not allocated to small claims as they didn't bother proceeding after I filed the defence. Will I receive a formal court order for this to see if costs are payable to me. Would love to send them my bill of costs for the complete waste of time and effort I had to put in to this. A small donation on its way to CAG for not only helping me but others in my situation. Hammyhound

Thanks DX reassuring as ever the discount has now brought the claim down to approximately £200, I also seriously cant see why they havent proceeded with the claim if they thought they would get the full hit. In their letter they say "if you dont respond within 30 days we will obtain a judgment against you and proceed with the claim - and what bit of the law states they will receive a judgment - I think not. I am not wasting paper on them. Thanks

Now an increased without prejudice begging letter of 75% also saying I can pay low monthly instalments and includes an income and expenditure form. What a waste of my time. One question, do they have to pay for an application to remove the stay. It is now 15 months since I lodged my defence. Can they apply and say something like "we havent proceeded with the claim as we have been mediating with the Defendant".

7 months down the line and we receive a without prejudice letter offering 50% discount together with a letter enclosing the same default notice, agreement and statements. I have no scanner at the moment so cant scan but will try and do this on Monday. I assume if they wish to proceed they have to apply to the court to have the stay lifted and are hoping by offering us 50% they dont have to do this. I was going to offer them without prejudice the £10 that they paid to Welcome for the debt. It is on the top of the statement from Welcome - debt sale £10.

OH works in a team of 5. They have been through the consultation period and were told 1 had to go and all were offered voluntary but no-one took it. A similar vacancy in another part of the company was offered. OH asked about it and was told go for an informal interview which he did. They told him to start next week great he said and was told that due to him taking up new employment everyone's job was safe. He has now been told that when he starts he has a 4 week trial period. We have checked this up and this is the norm apparently. He has been told that if the redeployment is unsuccessful they will dismiss him with the redundancy he should receive. He now believes that this is unfair as he felt by changing to another part of the company he had not only saved his own job but also the other 4. He feels very let down and now wishes he stayed and hoped that the redundancy was not him. I feel that the company are being unfair as he has done the same job for the last 8 years but because the new manager doesn't know is trialling him out. I feel that after the trial period if he is unsuccessful he should go back into the pot of selection for redundancy. All terms and conditions and salary remain the same in the new position. What do people think. It has been an up and down rollercoaster for the last 4 weeks. The best thing about all this is that they were only told officially 4 weeks ago that 1 had to go by the end of this month. They had heard chinese wispers but nothing official until 4 weeks ago.

This brings back memories I had a similar cca sent to me a long time ago, it was put on here and everyone including myself said it was definitely a cut and paste job, it was sold to Link. I told them where to shove it. I owed nearly £10k on this credit card and I told them produce the original CCA at court otherwise go and take a jump. They did take the jump that was definitely 7 years ago now off my credit file and statute barred. If you stop paying you will be harassed by them I can assure you but please stand your ground, if you wish to stop paying that is your prerogative and that is something only you can decide but with advice regarding the CCA on here and my own personal judgment I decided that I would not pay and they never took me to court. I would personally do absolutely nothing until a claim form arrives (if it ever does), Just to give you a heads up here is my agreement from all those years ago they well and truly botched it up, similar to yours. Hammyhound

Wow after all this time 6 years to be precise, Cabot have decided to have a go. Got a letter saying they have bought the debt. Ha ha me thinks its statute barred, certainly no payment since March 2008, not on my credit file as a default, so sent them an snotty email inviting them to take me to court whereupon I will have the matter dismissed and costs awarded in my favour. Told them I will not be corresponding with them in the dim and distant future and if they had any brains they would check these details before buying a load of debts in the hope that someone will pay up. OMG looking back at my thread cant believe it was 6 years ago.

Its reared its ugly head again, after all this time they have sent us a letter with the statement, agreement and a default notice (never seen this before). On the statement from the first month of payment every month there is capitalisation (this is interest I assume) and a fee (roughly about £4.00 each month don't know what this fee is). In total the fee we have paid is £176.00. Since we stopped paying there is also interest added of approximately £240. They ask what the legal basis is of my claim. The best is where Cabot took over, on the top of the statement it states debt sale £10.00. In the same bundle comes a without prejudice letter offering me 40% - not even bothering with that. Can anyone explain my legal basis so I can write back to them. The way I see it, when we took the loan out we changed the date so that unfortunately unbeknown to us we were always in arrears so they threw the interest on. We were advised that we could change the date and never we were told that this would incur extra interest. We were always 1 month behind as we failed to make a payment but made that payment at the end. And what on earth is this fee every month. They did on a few occasions reverse the fee for letters sent out but that is it. Help appreciated. Hammyhound

Heard absolutely nothing since filing my defence no doubt they haven't got anything to send me and therefore no claim to proceed. Court says nothing from them either. They will now have to make an application with cost to proceed!!