Phoned the court yesterday case was dismissed.

I have spent the last half hour searching and the only one anything like suitable talks about hearsay, but I dont really understand?

Can someone help me with that please? I have attached the documents they sent me in response to my CCA request. Many thanks PeacheyMMFDocs.pdf

Quick update with this one. The hearing was listed for 21st December 2017. It completely slipped my mind until this morning. I have phoned the court and they stated the listing is due to go ahead next week, and they received a bundle from the claimant on the 11th. I am yet to receive anything. Am I too late to submit anything further? Can I contest as they have failed to send me any bundle or further paperwork?

Yes docs provided 2 days before mediation. I will post up over next few days. Mediation was unsuccessful. Claim now allocated to my local court awaiting date.

Yes till going. Mediation next week.

Allocation questionairre completed and returned

Just a quick update. Standard letter received to say will be progressing with their claim and defence received. Will await further instruction from the courts.

OK thanks I will have a read. No it wasn't, I had loads at the time. Defence submitted - I will keep the thread up to date. Thanks again.

OK fair enough. I do appreciate the help given, but sometimes the pressures of frustration make it feel as if you are having a go.

is there really any need? I said the defence needed to be submitted by today, so would've been quite easy to work it from my initial post? I have tried to do my best given limited knowledge, sometimes it does feel like you cant win on here. You tell people to go read and 'self help' then when they do you belittle them? Food for thought.

SO they look OK? Conscious of time?

19th June

1.The defendant owes the claimant £175 under a regulated loan agreement with XX dated XX 2012 and which was assigned to the claimant on XX 2014 and notice of which was given to the defendant on the XX (Debt). 2.despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £175 3.and further claims interest theoron pursuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 8% p.a. amounting to £14 So something along these lines: 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 £175 is owed under a regulated loan agreement with Cash on go Limited T/A Peachy. 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 Claimants statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served on 07/01/2014 from either the Claimant or Peachey. 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 Claimants particulars to establish what the claim is for. To date the Claimant 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 crediticon 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.

I'm not sure what your trying to get at? this Friday isn't the 28th and as I have said I need to submit my response by this Friday?

correct. I wasn't being evasive I just wasn't sure if they monitored the forums like they used to. can you point me in the right direction? it was I need to submit by this Friday

Hello and firstly thank you for taking the time to read. I have received court papers from a law firm in relation to an old debt they claim is owed. I have tried to deal with it amicably, but before answering all my questions they issued proceedings. I am obviously not happy and intend to defend the claim. I have written a draft defence below and would be grateful if people could have a read and give feedback where appropriate. I just want to make sure I am getting my argument across from a legal perspective Issue date 19th June Name of the Claimant MMF What is the claim for – 1.The defendant owes the claimant £175 under a regulated loan agreement with XX dated XX 2012 and which was assigned to the claimant on XX 2014 and notice of which was given to the defendant on the XX (Debt). 2.despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £175 3.and further claims interest theoron pursuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 8% p.a. amounting to £14 What is the value of the claim? £264 including costs Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Payday Loan When did you enter into the original agreement before or after 2007? Jan 2012 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. No. Account assigned. Claim is on behalf of purchaser. Were you aware the account had been assigned – did you receive a Notice of Assignment? No 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 Why did you cease payments? Never made any I dont think What was the date of your last payment? as last question Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No My defence is drafted as below: I received a letter on the XX from XX stating I owed £175.00 to a company called XX Limited. sent a letter registered post, asking for proof of the debt as it was nothing I had heard of previously. made clear I acknowledged no debt to either company and made clear the debt was in dispute. requested a number of documents at this stage including a copy of the original credit agreement, statement of account and notice of assignment. then received a letter to say the debt would be put on hold until the situation was resolved. received a number of documents on the XX; however the documents were very vague and unclear. The notice of assignment has no date or detail around what was being transferred. I do not believe this to have been a true copy. The statement of account gave no explanation of how the amount owed was calculated. The statements provided show an amount owed of £320, but no explanation of how this amount has reduced to £175 only an overview that is was subject to an ‘FCA write down procedure’. The claimant alleges the debt was originally £100, but there is no explanation on how the additional charges have been calculated. There were no other documents / copies of letters sent to allow me to establish if I was responsible for the debt. There was no notice of default or any other documentation to show that the debt had been processed in line with the law. sent a further letter registered post on the XX requesting further information, clarifying that I still considered the debt as in dispute. A letter was received from the claimant stating I still owed the debt, but gave no acknowledgement to my letter dated XX. sent a further letter on the XX, confirming I was disappointed that the claimant had failed to respond to my original letter. asked for my concerns to be treated as a formal complaint, and requested a copy of the claimant’s complaints procedure. then received a letter from the claimant on the XX stating court proceedings had been issued. Court papers followed this, giving a very vague overview. Following this I sent a CPR 31.14 request to the company. No response was received at the time of writing. I still have no idea what the debt is in relation to, and I am yet to receive any acknowledgement of my complaint from the claimant. My next step was to raise my complaint with the Financial Ombudsman (the 8 week period would have passed for this on the 20th June 2017), however given that court proceedings have now been issued, the claimant denied me my right to do this. The claimant is attempting to use the court process , ignoring my correspondence / complaint and pursuing a vexatious complaint against me, against FCA guideline on debt collection. I therefore put forward: 1. The Defendant contends that the particulars of claim are vague and generic in nature. The claimant's’ particulars of claims disclose no legal cause of action as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16.2 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. The Defendant is unaware of what account or contract the claimant refers to nor ever recall receiving any Default Notice as alleged pursuant to the CCA1974. 2. The Claimant states this alleged contract was assigned to it but gives no date, and that notice has been given to the Defendant. This is denied. The Defendant does not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the LoP1924 3. The Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. 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 82A of the consumer credit Act 1974. 6. The claim is denied. I am unaware of what debt the claimant refers to. I have requested information pertaining to the claimants claim by way of a CPR 31.14 request. No response has been received 7. The claimant has failed to act in accordance with FCA guidelines on debt collection CONC 6.5.2 R - A firm must give notice to a customer where a regulated credit agreement has been assigned to a third party 8. The claimant has failed to act in accordance with FCA guidelines on debt collection CONC 7.5.3 R - A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid. 9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Any feedback would be greatly appreciated.

Anyone?

Hi all, I am looking for a bit of advice. I took a mortgage with a friend back in 2010 for a total of 89k (95% mortgage + 5% unsecured loan). About 2 years later due to personal problems the house was repossessed (completely my fault I struggled with gambling at the time and basically spent the money - yes I know - stupid!). This left 57k outstanding. I did my best to try and resolve the situation, but at the time I only earned around 15k a year and could only afford £15 per month. They accepted this and I moved address a couple of times so never really thought anything of it whilst trying to rebuild my life. The standing order remained in place and has done since the repossession approximately 5 years ago, but I have never received any further letters (assuming because they no longer have my address). Anyway, 5 years later I am now married, and also rebuilt the relationship with my friend. He had also moved address and heard nothing further. He contacted me the other day and said a letter had been received at his mums about the debt (still approx 57k) and questioned what to do. So - I am looking for some advice - what should I do? My circumstances have now changed but still wouldn't be able to pay a significant amount towards the debt (other priorities / 3 kids / claiming tax credits). The other thing is they have marked the debt on my credit file as satisfied - I have worked really hard over the past few years to repair my credit file (the last default drops off in June) and dont want to ruin it again by having an IVA so this really isnt an option. Am I just expected to keep paying for it forever or does there come a point where enough is enough? Many thanks in advance. D

Can someone point me in the right direction of GPOEL? Done a search but cant find anything of use?

No previous thread as prefer to read, particulars attached. It was a paid car park rather than free, my point is I paid the fee, I just failed to insert my reg correctly.

Good morning all, Been a wee while since i've visited the forum, used to visit regular and help out on the payday loan section. Having a little bit of trouble with civil enforcement and they are now taking me me to court. To cut a long story short I went away to Whitby for the day and parked in a CO-OP car park, I paid the fee but failed to put in my reg correctly. I have been arguing with them for the past two years and they have refused to provide a list of the invalid reg no's for around that time, therefore there is no way do I feel I should have to pay. I have now received a court date following failed mediation where I offered them £2 to cover any admin. The court date is early January. I have received their witness statement, so would be grateful if there is anyone out there who will take a look and help me write a defence. Many thanks Dan

These clowns will try anything, I remember at one point they phoned me to set up a repayment plan and I explained I had put everything in writing. He read my notes and said he could only put a payment plan in place if they had a live debit card on file! Yeah right!They were stubborn to begin with but eventually gave way when they realised they would not get their money back otherwise. IIRC I paid £20 per month via direct bank transfer till the debt was clear on original loan and 1 months interest.

The OP said they were still outstanding I think. Think it is up to you and how you feel about having them oustanding. As sillygirl says it could make live again debts that may never bother you again, or you could clear if you can afford for peace of mind. That choice would be down to you and your individual circumstances.

Good to go then! I would screen print that page for my records though