Uncle Buck / Moriaty Law claimf orm received

[blakey1152]

Name of the Claimant ? Uncle Buck Finance LLP

 

Date of issue – 19 JUL 2017

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

 

 

What is the claim for – the reason they have issued the claim?

The defendant owes the claimaint £864.00 under a regulated loan agreement with Uncle Buck Finance LLP dated 12/10/2015 (debt)

despite formal demand for payment of the debt the defendant has failed to pay

and the claimant claims £800.00

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 8.00% per annum amounting to £64.00

 

What is the value of the claim? £995

 

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 2007

 

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. Original Creditor

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

 

Did you receive a Default Notice from the original creditor? Yes

 

Have you been receiving statutory notices headed "Notice of Default sums" – at least once a year ? Not sure

 

Why did you cease payments? rent increase meant I couldn't pay

What was the date of your last payment? can't remember

 

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

[dx100uk]

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

[blakey1152]

I'm not entirely sure what to do with this

 

 

one thing that I noticed on my original loan agreement where it states the rates of interest.

 

Interest is charged at the fixed rate of 0.80% per day on the balance outstanding, equating to 292.00% per annum.

This is a rate capped product which means you will never have to pay back more than double the amount you borrowed

(The total amount of credit shown above) including interest and all other charges.

 

Therefore can I dispute some of the amount owed as they are asking for more than double even though they clearly state in my agreement that I will never have to pay back more than double?

[dx100uk]

you might be able too later but for now you must get post 2 done

[fkofilee]

FCA Site

 

Total cost cap of 100% - Protects borrowers from escalating debts. Borrowers must never have to pay back more in fees and interest than the amount borrowed.

 

This doesnt normally include Court costs & Soli fees but ive had cases recently where they DID include the costs within the cap. However the 8% interest is a grey area.

But at the same time the first part is a gray area.

 

I would add it in if you do have to defend and see what happens.

[dx100uk]

Can we just check something

 

You sure the claimant is UB's???

[blakey1152]

Sorry for the delay in replying!

 

 

Yes the claimant listed on the claim form is definitely UB'S

[dx100uk]

ok but you state you received a notice of assignment?

if the claimant on the claimform IS UB then it wouldn't of been assigned so no NOA

 

 

if this is the OC that's issued the claim then this is the first time we've ever seen a PDL company issue a claimform in their own name

and for that fact need to be treated differently in a way.

 

 

have you ack'd [AOS] the claim on MCOL website too?

 

 

thank you

[fkofilee]

When you say UBS - Do you mean Uncle Bucks Solicitors?