Moriarty Law - ADCB - PAP (yes - another one!)

[sherman19]

Hi Guys,

 

First of all i would like to say that there is some very good advice on here, you guys are stars!

 

I received my Moriarty PAPs (all three of them) a couple of months ago - i replied using the standard form (not theirs) but left off the finance stuff - which seemed correct given the circumstances.  I then heard nothing until last Monday when i received a FINAL DEMAND BEFORE PROCEEDINGS letter.  It sounds like they did not receive (or are ignoring) my PAP reply - is this something they would do?

 

They have given me 16 days to reply - i plan on resending my PAP reply (this time by registered mail). Is this the correct way forward? 

 

Any help/advice will be greatly appreciated as i'm close to throwing myself off a bloody cliff.  If you want any more details please ask, although i am a bit wary of disclosing anything that could identify my case to any potential Moriarty observers.

 

Thanks in advance!

[fkofilee]

Hiya - Someone will be along shortly to advise. 

[dx100uk]

just ignore

we've seen that letter here already.

did you send all 3 back individually?

 

[sherman19]

Thanks for getting back to me DX.

 

I sent back all three in the same envelope  - i'm only flapping because the advice on here seems to be to NOT to ignore the PAP.  The new letter seems to be suggesting they have not received anything.  Redacted '16 Day's to Reply' letter attached - it's the same wording on all three.

 

What i'm worried about is them proceeding as if i have sent nothing - which i wouldn't put past any of them - my mistake was not sending it recorded.  Can it hurt to re-send? i don't see why not - but i'll stand by for your advice.

 

sherman19 letter.pdf

[dx100uk]

if you had 3 sep pap forms you should have replied 3 times as post 5 here

 

[sherman19]

Thanks - seen post five, but not until yesterday.

 

To be clear i filled in the form 3 times (once for each unique reference number) and sent all three off in the same envelope. Sorry if i am being stupid but i thought that would be ok, otherwise i would have sent three individual letters.

 

The only info i left off was the financial stuff - but looking at your form it seems i was correct to do so.  So, what should i do next?  Should i re-send to be on the safe side or what???

 

I know you guys must be bored rigid with having to repeat yourselves over and over (and judging by the amount of ADCB/Moriarty threads i'm sure you have been doing this for weeks now) - and i apologise for putting you through it again, but I have to admit i am properly scared at the moment, and just need some evenhanded advice. 

 

What should i expect next?

[dx100uk]

tis what we are here for.

IMHO I would repeat the exercise posting sep.

 

just of your ref

moriarty never turn up

[sherman19]

Thanks DX, i'll be getting this done this week for sure!  I don't know why i didn't get proof of posting the first time, my head is all over the place.

 

 

[dx100uk]

all went quiet then?

 

dx

[sherman19]

Nothing yet - i can only assume one of two things, either:

 

a.  They are waiting to get all the paperwork i requested back from ADCB before proceeding to court.

or

b.  They have dropped it and moved on.

 

I have also had some proper legal advice on the subject and my brief told me that 'just because they CAN come after you, it doesn't mean they WILL'. 

 

There has to be something to take (assets) or a good steady job with plenty of disposable income. 

If you are a small target he said it would be 'unlikely' that they would proceed. 

 

BUT - they can still get a judgement against you as a sort of insurance policy - just in cast your situation improves in the future. 

BUT - If they do that you can just go bankrupt (if this is appropriate for you). 

 

The final point he made was that each situation is pretty unique and that the 'likelihood of success' is weighed carefully against 'what they stand to gain'.  It's all risk vs reward. 

 

My advice to anyone here is quite simple - it costs around £50 to £100 for an initial consultation with a solicitor - GET ONE DONE! 

A lot of advice here is good, but there is also a lot of crap too - most of it is crap because no-one knows the full details behind everyones debt (and you shouldn't be posting details here anyway) - there is no 'one size fits all' solution.  Happy Christmas!

[dx100uk]

thank you for the update ..

 

all of what the solicitor told you is already advised here in the numerous other ADCB threads

so if people take the time and trouble to read them

a solicitor is unnecessary.

 

though the part about can get a judgement against you incase your situation were to change in the future troubling.

they could get a judgement but you would most certainly have a strong case to argue that the court has been used simply to halt the sb clock which is a big no-no.

[sherman19]

I'll be a bit clearer - he said they 'could attempt' to get a judgement against you.  Note the words 'could' and 'attempt' - his point was that there is nothing to stop them 'trying' anything (within the law) - you are correct about the 'sb clock' which would be the obvious counter argument.  My main point is that each case is unique - the measures i have taken to protect myself may not be applicable to someone else. 

[dx100uk]

but they are all mentioned here already

the solicitor told you nothing you couldn't already have discovered for free by reading the advice here on CAG.

that doesn't cost £50-£100 which is why we say solicitors on these matters are a waste of money

donate it to CAG.