merlingen/? claimform - shopacheck 'debt'

[Hopeful15]

Ive received a county court claim from merligen investments for 330.00 plus interest and costs i have never dealt with them or had any Letters from them. ?? payment demands or default notices!!!

 

Close inspection of Credit File seems it may be in connection with a shopacheck account but cant be certain.

(Read a post sonewhere on here that was merlingen/shopacheck)

 

Shopacheck account as far as i believe opened 24th December 2012 330.00 paid in full acc balance 0.00 updated 19/10/2013, old address placed on the record. looks good to me same as C-File.

 

so checked merligen out, DCA who BUYS DEBT

 

merlingen account opened 27/12/2012 balance on account 330.00

updated 21/4/2014 address on the record is my new address.

 

The money claim online papers state; Balance due in full under agreement

Defendant had an agreement to make monthly payments for acc xxxxxx4411 but failed to do so

interest 26.40

court fee 3

LR 50.00

TL 441.40

 

huh what and who the hell are they???

 

anyone dealt with them?

 

????? so do i raise a dispute on Credit File and defend the claim on the basis

"have not a clue who they are" dispute alledged balance. "I DO NOT OWE IT"

[dx100uk]

can you fill this out please

so we have the correct info to advise you with

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

[Ford]

merlingen, former fredrickson employees, barrel scrapers 'We will buy any valid consumer debt independent of age or market sector....'

 

an eg thread http://www.consumeractiongroup.co.uk/forum/showthread.php?430567-Merligen-Investments-Claimform-on-shopacheck-debt-help***-Settled***

[Hopeful15]

Name of the Claimant ? Merligen Investment Services

 

Date of issue – 7/1/16

 

Date to submit defence = by 4pm Monday 8th feb

 

What is the claim for – . all it says is:-

 

Balance due in full under agreement

 

Defendant had an agreement to make monthly payments for acc xxxxxx4411 but failed to do so

What is the value of the claim? including fees 441.40

claim 330.00

interest 26.40

court fee 35.00

LR 50.00

TL 441.40

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Do not know what for

When did you enter into the original agreement before or after 2007? no agreement

 

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. do not know who original creditor would be as shopacheck paid plus the 2 dates dont match up

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? nothing ever received

Did you receive a Default Notice from the original creditor? dont know who creditor is??

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no

 

Why did you cease payments? i never started or agreed to anything

 

What was the date of your last payment? n/a

Was there a dispute with the original creditor that remains unresolved? n/a

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? n/a

[ericsbrother]

first thing would be a CCA request to them as a loan agreement is intimated by claim.

At the same time fire off a CPR 31.14 discovery letter demanding proof of debt, copies of original agreement (covered by CCA req but double it up), defaiult notice, copies of deed of assignment, copies of annual statements etc Give then 14 days to respond and if they dont enter their failure to comply with CCA request and failure to show cause of action as a holding defence.

[Andyorch]

first thing would be a CCA request to them as a loan agreement is intimated by claim.

At the same time fire off a CPR 31.14 discovery letter demanding proof of debt, copies of original agreement (covered by CCA req but double it up), defaiult notice, copies of deed of assignment, copies of annual statements etc Give then 14 days to respond and if they dont enter their failure to comply with CCA request and failure to show cause of action as a holding defence.

 

Notice of Assignment.

[Hopeful15]

first thing would be a CCA request to them as a loan agreement is intimated by claim.

At the same time fire off a CPR 31.14 discovery letter demanding proof of debt, copies of original agreement (covered by CCA req but double it up), defaiult notice, copies of deed of assignment, copies of annual statements etc Give then 14 days to respond and if they dont enter their failure to comply with CCA request and failure to show cause of action as a holding defence.

 

 

Thanks for reply

does the request go to Merligen Investments or I noticed there is a solicitors details hence the charge for LR on the claim £50 -

They are Moriarity Law

 

 

however this company very strange

the office they state for correspondence is on the law society website under the heading of moriarity Law

the whole organisaton consists of 2 people plus 1 solicitor and 1 Sra-approved manager it has 3 offices.

 

 

The areas of expertise they cover is,

Crime-Fraud

Commercial Property

Commercial Litigation

Insolvency and restructuring - business

Media entertainment and sport

 

Nothing about private/debt recovery!

 

The office stated on claim has no people based there according to the Law society. In fact only one of there offices has 2 people out of the 3 offices the rest must be virtual

 

There is no James Devane in the orgaisational structure at Moriarity Law,

However it seems he is a solicitor who is linked to a number of other businesses

and most use a forwarding address system from one office along with thousands of other businesses registered at the same office.

 

MR JAMES PATRICK ANTHONY DEVANE

Information from appointment at AUTUMNUS LIMITED- 2,728 poeple also use W1G 9DQ in their address (this might be a mail forwarding service address)

2,253 companies are also registered at W1G 9DQ

MR JAMES PATRICK ANTHONY DEVANE

Information from appointment at MORIARTY LAW LIMITED

24 other people also use IG1 1QB in their address

14 other companies are also registered at IG1 1QB

 

He also has 1 other business appointment B&H Worldwide with yet another shared address.

 

List of companies owned by James Patrick Anthony Devane. Free company director check. James Patrick Anthony Devane holds currently these positions: Director (DIRECTOR), Director (SOLICITOR ADVOCATE) in companies PEACOCK DESIGN & BUILD LIMITED, MORIARTY LAW LIMITED. He/she has been a Director (DIRECTOR) of PEACOCK DESIGN & BUILD LIMITED for 9 years, Director (SOLICITOR ADVOCATE) of MORIARTY LAW LIMITED for 28 months.

He was also a Directoe (solicitor) at one time for Fredrickson - Fredrickson was originally set up by Simon Jones (Director Merlingen lnvestments) then sold to Lowells. All seem linked at some point, James Devane seems to have resigned as Director from numerous companies.

 

Can they operate in this manner?

 

What exactly is a Solicitor Advocate?

 

Do they have to be accredited somewhere or listed with any society?

 

Until I receive the paperwork from them im

rattling my brains to understand whats going on, I even find it hard to sleep.

 

All I can think of if a solicitor is involved

surely they must be confident of success,

but by what reason, would they be successful of?

 

 

As I dont yet know what the claim is really about

and indeed who they claim the debt was originally for.

 

 

One point in my favour I do not and have not opened any accounts on the date they state

Edited January 10, 2016 by Hopeful15

[Andyorch]

CPR 31 to the Sols and CCA to the claimant.

[Hopeful15]

Thanks will send them both tomorrow

[dx100uk]

Moriarity Law

 

 

blimey thought they'd gone years ago

really were bottom feeders even then.

 

 

get those docs running

 

 

and don't change them!

notice of assignment not the deed.

 

 

dx

[Hopeful15]

Thanks to all for advice

[dx100uk]

defence due tomorrow

[Hopeful15]

I totally messed up here

 

 

when I originally went online to the claim I started a defence as I did not know who they were.

I did not realise this submitted I thought I'd just saved it for later.

 

 

I never received anything from the claimants apart from a letter from solicitors last Friday

that has a reference to shop check.

Never had any previous info to connect it to shop check.

 

 

However I did have the one account in 2012 and paid it on full (would never get home collection credit again, lesson learned there).

 

 

On my credit file they have a totally different date that the account opened I only ever had one account.

You are not allowed to open a further account especially when the original account was a new customer (1st account).

 

 

So I haven't a clue still what on earth their pursuing me for.

Thanks for the previous advice

not much more I can do here

 

 

but go to the hearing and see what it's all about ��

[Ford]

?

you have submitted a defence, but not fully? what did you submit.