MMF/Lending stream court action in progress

[Bluebell1991]

Help please.

 

I have defended a claim from Moriarty Law acting on behalf of Motormile Finance (MMF) received late last year.

They say this is for a fixed sum loan with Lending stream.

I wont go into all of the details so far, just want advice what to do next?

 

I did all the usual requested CCA, did not receive, failed mediation and was passed to my local county court.

 

My local court sent a form last month ordering

 

The claimant shall by 2/3/18 file and serve upon defendant in compliance with sect 76 & 79 0f 1974 CCA all relevant info & documents.

In default, the claim be and is herby struck out.

 

I received a letter from Moriarty dated the 1/3/18 on the 2/3/18

 

I will not repeat what was received in the letter word for word but give you an oversight of what it entails.

If you need more info please let me know, thanks.

 

It starts by referring to the order from the court, then goes on to refer to the agreement I had entered the amounts and failure to pay etc etc

Then says section 76 does not apply to an agreement that has ended as indeed is the position in your case

Then says sect 79 does not relate as is for consumer hire agreements

Confirms they have sent copy to court by way of filing

Ask me to acknowledge receipt and enclosures.

 

The documents they have indexed by page, document and date are

 

Fixed sum loan agreement from LS dated 20/8/12

Notice of assignment dated 20/2/14

then 3 letters from claimants solicitor to defendant dated 25/8/17, 11/9/17 & 19/10/17

 

I have already picked a few flaws with this info, but need to know do I reply to them or wait to hear from local county court.

 

Thanks in advance

[Andyorch]

Thread moved to Financial Legal Issues in view of the court claim....please continue to post here to your thread.

 

 

Regards

 

Andy

[dx100uk]

they are correct should have been section 77 CCA

[Bluebell1991]

Hi dx,

 

My letter to them was in this format,

 

I do not acknowledge any debt to your company or its clients.

 

With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to.

This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.

 

2. A full statement of account.

 

3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

4. A copy of any other documents referred to in the agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of our credit agreement on request.

I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

Please note that under no circumstances should this payment be set aside any alleged debt.

 

If you are unable to supply the documentation requested, this fee should be returned.

 

I understand a copy of our credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the act.

 

So has the Judge made an error by stating in compliance with section 76 & 79 only?

 

Thanks

Edited March 15, 2018 by dx100uk
spacing

[dx100uk]

DEED drop that rubbish for a start

 

someone at the court house has made a typo

[Bluebell1991]

Sorry but that's what I sent.

So what do you suggest I do now?

 

Do I reply to Moriarty or wait to hear from court?

[dx100uk]

ring the local court and tell them someone has made a typo and said section 76 rather that section 77 in their orders to the claimant.

[Bluebell1991]

Thanks dx,

I will give them a ring tomorrow and keep you updated.

Thanks for the advice and support, this site is a godsend, can always rely on you guys for help.