Merligen/Moriarty Claimform - 4xSunny PDL's ***Claim Struck Out***

[Gracelands]

Hi everyone

I have got myself into a large amount of debt with many payday loan companies over the last 4-5 years I have just had a letter threatening action from Moriary Law with reference Sunny Loan account.

 

The debt OC is Sunny Loans which i took out numerous loans from 2015 to 2018

 

Loan summary deposits into bank account:

First loan May 2015 10 loan deposits up to end October

Jan 2016 - December 2016 15 loan deposits

Jan 2017 - December  2017 11 loan deposits

Jan 2018 - October 2018 6 loan deposits

Last payment made on loan account £100 August 2018 payments stopped due to financial difficulties and the debt is stated to be £1500 across 4 loan accounts?

 

I have 4 outstanding loans that were sold on to DCA SLL Capital who have been chasing and now this has been sold on to another DCA October 2021 Moriarty Law!!

they have now sent emails to say that they have set me up an online portal account to make payments.

If no payments are made then court action will be taken.

 

I have attached a letter that was sent by SLL Capital stating that the loads have been reduced through remediation but only the loans that are active?

 

 

Any advice will be appreciated.

 

Thanks G

 

Sunny redress after adjustment.pdf

[Gracelands]

Hi Looked around the site for IRL form but cant seem to find 1, all IRL threads discuss sending it. Should i be sending SAR and CCA also?

 

Thanks G

[Gracelands]

Thanks dx/Andy

sar it is. No still at same address for all loans taken out. SSL sent lots of letters and even more emails offering deals if I contacted them ??

 

Thanks G

[Gracelands]

Hi

no reply fro SAR which was sent to Moriarty Law ( hope this is correct or should have been sunny loans?)

is this normal that they don’t reply but still getting emails and letters from Moriarty?

 

any advice is appropriated

 

Thanks G

 

Hi

Sorry another question is who still owns these debts as i thought that Sunny has gone under and are Moriarty acting as a sols for the debt owner?

 

Thanks G

[Gracelands]

Hi hope you are all well.

 

Moriarty Law are back on the case and have sent a letter stating that i will receive a county court claim form but i can resolve the matter within the next 14 days.

Moriarty are claiming £1,042.15 but the SLL letter states £835.33 after the Sunny loans have been reduced through remediation but only the loans that are active? 

 

The SLLcapital emails I'm getting are quoting a reduction settlements offer 1 is 50% paid over 6 months?

 

As stated above i hade 42 loans over a 3 year period constantly rolling the loans due to my circumstances.

 

Could i send a irresponsible lending letter to assist in the claim?

 

Just wondering where i should go with this now:

Defend once court claim arrives

Send IRL letter to assist if defending

Go for settlement offer

 

Any help will be appreciated

 

Thanks G

 

Edited January 31, 2022 by dx100uk
added A few blank lines only..dx

[Gracelands]

Thanks for the reply dx.

Sorry for the email checking just been in this mess for so long now I tend to panic when i get DCA on my trail!

I have attached the Moriarty letter sent tis will be a total of 4 loans they are chasing.

 

42 loans 38 repaid now amount being claimed is for a total 4 loans that were not repaid when in got into difficulty. These loans have been reduced through remediation but only the loans that are active? 

 

I will get an irl sent off to SSL straight away. Not quite sure how i will defend the claim i take it it will be due to the amount of loans provided and they went to my account which was already £4000 overdrawn and credit status was very poor!!

 

 

Loan summary deposits into bank account:

First loan May 2015 10 loan deposits up to end October -= £4450

Jan 2016 - December 2016 15 loan deposits = £6450

Jan 2017 - December  2017 11 loan deposits = £4400

Jan 2018 - October 2018 6 loan deposits = £2100

 

Total amount borrowed £17,400 ??

 

Just wondering if they will try their hand at county court? 

 

Thanks G

Court action letter.pdf

[Gracelands]

Thanks for your time dx.

Legal powers understood.

 

Yes still at same address these were taken out.

 

On the irl front, Yes - loans were repaid out of wages then had another loan to top up the repayments, also alongside a number of other payday loans, in effect a spiralling situation that ultimately got out of control!

 

I will send the irl as soon as possible should i be letting Moronarty know that an irl has been sent or will that not effect the way the deal with this court claim (if produced) i assume SSL Capital will be pulling their strings?

 

Thanks G

 

[Gracelands]

Thanks dx I’ll get an irl for each running.

 

just got home and there it is, county court claim letter waiting looks like I’m being challenged ?

 

Thanks G

[Gracelands]

Hi 

 

Particulars of claim below

 

Which Court have you received the claim from ? Northampton

 

Name of the Claimant ? Merligen Investment Limited

 

Date of issue – 26/01/2022

 

Date of aos - 13.02.2022

 

Date to submit defence = 26.02.2022 

 

Particulars of Claim

 

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

1. The defendant owes the claimant £835 under consolidated regulated loan agreement with Elevate Credit INTL Limited Also Known As Elevate Credit Limited T/AS SUNNY LOANS Dated20/06/2018, 16/08/2018, 30/08/2018, 13/09/2018 and which was assigned tot the claimant on 19/07/2021 and notice which was given tot he defendant on the 19/07/2021(DEBT).

 

2. Despite formal demand for payment of the debt the defendant haS FAILED TO PAY AND THE CLAIMANT CLAIMS £835 and furhter claims interest thereon pursuant to section 69 of the county court act 1984 limited to one year of the date hereof at the rate of 8.00%n per annum amounting to £67

 

What is the total value of the claim? £1042
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not as can remember
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No
 

Did you inform the claimant of your change of address? N/A

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 April 2007 ? After
 

Do you recall how you entered into the agreement...On line /In branch/By post ? online
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? no on both Experian, Equifax
 

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. Debt purchaser
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? not aware
 

Did you receive a Default Notice from the original creditor? Not aware
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? yes
 

Why did you cease payments? Financial difficulty with payday loans
 

What was the date of your last payment? August 2018
 

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
 

 

Thanks G

Claim form.pdf

[Gracelands]

Thanks dx

 

Just a bit confused, SLL Capital are chasing for the debt payments then Moriarty have taken over as solicitors and now the claimant on the court claim form says "MERLIGEN INVESTMENTS LIMITED" don't even know who they are and where have SLL capital gone??

 

Thanks G

[Gracelands]

Hi sorry everyone I have just looked at my bag of debt chasing letters that I have been putting away (think they say head in the sand?)

 

 

I found a letter saying the the debt had been passed onto Merligen International which does not help my case,

 

does this mean that I will have to agree a repayment as I won’t be able to defend this now? 

 

Are they able to court claim all loans under 1 court claim and total the amount? 
 

Thanks G

Edited February 1, 2022 by dx100uk

[Gracelands]

Thanks dx/Andy your assistance gives me the courage to tackle this so I’ll give it a go.

Just got to try get my head around what to get in my fence might need a nudge when it comes to submitting!!
 

I will take a look around to see if there is anyone has had a similar case to assist me.

 

tomorrow I will get x4 cca, x4 irl (one for each account) and a CPR31.14 running to keep them busy?

 

oh and log into MCOL and start the process

 

I will pop back and confirm once all are done

 

Thanks G

[Gracelands]

Thanks dx

 

dont have the letter with me at the moment I will redact and scan up tomorrow. 
 

G

[Gracelands]

Hi

Only letter i have is a instruction to recover. They say notice of assignment was given on 03/11/2021?

 

I have all documents ready to post tonight and MCOL first stage (AOS) completed.

 

I have attached a completed data sheet of all loans which as you will see could fall in line with the irl being sent??

 

Thanks G

Total loans.pdf

[Gracelands]

if i remember dx Sunny users could take out up to 3 loans at 1 time and up to a certain amount some may have been outstanding as another taken out but not necessarily, some were all pain and then new loans taken out ?

 

G

[Gracelands]

Hi everyone

 

I have received a CCA response from Merligen they are saying that they need to get a response from SLL Capital which is confusing considering i sent them the CCA?? (also returned all 4 £1 postal orders?)

 

They also say my file will remain on hold until SLL have responded but i take it that does not mean the court claim is on hold and i will still need to draft up a defence soon ( Date of issue – 26/01/2022 / Date of aos - 13.02.2022 / Date to submit defence = 26.02.2022)?

 

Any thoughts will be appreciated.

 

Thanks G

CCA Response.pdf

[Gracelands]

Thanks Jotty. 

 

just wondering why go to court claim? maybe as dx has said many times in many posts

“ hoping people will wet themselves and cough up ...Don’t”

I’ll follow the courts guidelines and post up attempt at defence near the time going to read a few more threads first. 
 

oh and today get acknowledgment of my complaint from Merligen (assume they mean irl ?) and said they will pass this on for investigation !!

 

thanks G

[Gracelands]

Hi there

 

Another response yesterday from Moronarty saying account placed on hold! But also I guess a challenging statement of "we will comply with the courts if the claim is defended" ??

 

Thanks G

Latest reponse.pdf

[Gracelands]

Is Moriarty referring to Merligen and then Merligen will then have to go to Elevate Credit who no longer exist ?? And they need to find 4 lots of paperwork to conjure up.
in the meantime the clock will be ticking !!

 

Thanks G

[Gracelands]

Hi everyone

 

Time is near for me to submit a defence (25/02/22 if my calculations are correct?) so will be posting it up soon after reading a few more threads. Just wondering which way to go on the defence? 

I know it will be no paperwork defence as I have had nothing only latter's saying account on hold until they get back to me regarding my requests which they have not??

Just wondering if i put in the IRL request in the defence as I cant defend not knowing about the debt as I have listed 38 loans and account numbers in the IRL request also no reply from that either!!

 

Particulars of claim:

 

1. The defendant owes the claimant £835 under consolidated regulated loan agreement with Elevate Credit INTL Limited Also Known As Elevate Credit Limited T/AS SUNNY LOANS Dated20/06/2018, 16/08/2018, 30/08/2018, 13/09/2018 and which was assigned to the claimant on 19/07/2021 and notice which was given to the defendant on the 19/07/2021(DEBT).

 

2. Despite formal demand for payment of the debt the defendant has FAILED TO PAY AND THE CLAIMANT CLAIMS £835 and further claims interest thereon pursuant to section 69 of the county court act 1984 limited to one year of the date hereof at the rate of 8.00%n per annum amounting to £67

 

 

Any advise will be appreciated.

 

Thanks G

[Gracelands]

Hi

 

Credit file alert this morning and when I have checked their are x4 loans that have appeared from Merligen Investment Ltd all other loans say from Elevate with no defaults, these have just been added with a default showing registered in December 2018, these were no on there last week? I s this going to be their proof of notice and does this change my defence statement?

 

Thanks G

[Gracelands]

Hi everyone

 

After getting my head stuck in other posts I have had a go at my defence so here goes. (think it will need tweaks and any advice will be appreciated).

 

 

Particulars of claim:

 

1. The defendant owes the claimant £835 under consolidated regulated loan agreement with Elevate Credit INTL Limited Also Known As Elevate Credit Limited T/AS SUNNY LOANS Dated20/06/2018, 16/08/2018, 30/08/2018, 13/09/2018 and which was assigned to the claimant on 19/07/2021 and notice which was given to the defendant on the 19/07/2021(DEBT).

 

2. Despite formal demand for payment of the debt the defendant has FAILED TO PAY AND THE CLAIMANT CLAIMS £835 and further claims interest thereon pursuant to section 69 of the county court act 1984 limited to one year of the date hereof at the rate of 8.00%n per annum amounting to £67.

 

Defence:

The Defendant contends that the particulars of claims 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.

 

1. The Claimant claims £835 is owed.

I did not recall the precise details or agreements therefore on receipt of this claim I requested, by way of a CPR 31.14 request, copies of the documents referred to within the Claimant's particulars in order to establish what the claim is for. To date the Claimant solicitors, Moriarty Law have failed to fully comply with this request.

 

2. Paragraph 1 admitted .The defendant admits entering into 39 multiple short term Pay Day Loan agreements over a period of 2 years totalling £15,800 from Elevate Credit INTL Ltd  also known as Elevate Credit Limited T/AS SUNNY LOANS . It is denied I failed to abide by the Terms and Conditions of the agreement.

 

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 the defendant from the Claimant Merligen International Limited.

 

4. I previously made on date 02/02/2022 a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974, the claimant has failed to properly comply.

 

5. 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 the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974

(b) show how the Claimant has reached the amount Claimed for; and

(c) show how the Claimant has the legal right, either under statute or equity to issue a claim;

(d) show how the defendant has entered into any agreements

 

6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. 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.

 

Do I add the IRL complaint to the defence or leave until later? 

 

Thanks G

 

[Gracelands]

Hi 

Amended defence below with the addition of the IRL complaint. A quick scan form someone would be appreciated and hopefully I can get this filed today as I have had nothing from the requests I sent to them ??

 

 

Particulars of claim:

 

1. The defendant owes the claimant £835 under consolidated regulated loan agreement with Elevate Credit INTL Limited Also Known As Elevate Credit Limited T/AS SUNNY LOANS Dated20/06/2018, 16/08/2018, 30/08/2018, 13/09/2018 and which was assigned to the claimant on 19/07/2021 and notice which was given to the defendant on the 19/07/2021(DEBT).

 

2. Despite formal demand for payment of the debt the defendant has FAILED TO PAY AND THE CLAIMANT CLAIMS £835 and further claims interest thereon pursuant to section 69 of the county court act 1984 limited to one year of the date hereof at the rate of 8.00%n per annum amounting to £67.

 

Defence:

The Defendant contends that the particulars of claims 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.

 

1. The Claimant claims £835 is owed.

I did not recall the precise details or agreements therefore on receipt of these claims I requested, by way of a CPR 31.14 request, copies of the documents referred to within the Claimant's particulars in order to establish what the claims are for. To date the Claimant solicitors, Moriarty Law have failed to fully comply with these requests.

 

2. Paragraph 1 admitted .The defendant admits entering into 39 multiple short term Pay Day Loan agreements over a period of 2 years totalling £15,800 from Elevate Credit INTL Ltd  also known as Elevate Credit Limited T/AS SUNNY LOANS . It is denied I failed to abide by the Terms and Conditions of the agreements.

 

3. On 02/02/2022 a formal complaint was issued regarding irresponsible lending due to the below points and as of yet a specific response has not been made;

I was lending on a regular basis over a 2 year period totalling 39 loans. - The appropriate checks were not performed. Should the appropriate checks been performed the appropriate Due Diligence would have been used, It would have seen that I was under a tremendous amount of financial pressure / other debts that would make these 39 loans unaffordable. This also pushed me into arrears on my priority debts.

 

4. The Claimants statement regarding the assignation of the debts are denied.

I am unaware of any legal assignments or Notices of Assignments allegedly served on the defendant from the Claimant Merligen International Limited.

 

5. I previously made on date 02/02/2022 a formal written request to the Claimant for them to provide me with a copies of my Consumer Credit Agreements as entitled to do so under sections 78 of the Consumer Credit Act 1974, the claimant has failed to properly comply.

 

6. 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 the nature of the breaches and evidence by way of a Default Notice pursuant to sec 88 CCA1974

(b) show how the Claimant has reached the amount Claimed for; and

(c) show how the Claimant has the legal right, either under statute or equity to issue a claim;

(d) show how the defendant has entered into any agreements

 

7. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

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.

 

 

Thanks G

[Gracelands]

Thanks dx very much appreciated. I will amend get this posted on MCOL tonight.

 

Any thoughts as to Merligen in the last few days entering the loans in default dated 2018 in their name as they have not been on my credit file before? only the completed loans were listed and they were listed under Elevate (Sunny) the original lender?

 

Thanks G

[Gracelands]

Hi dx/Andy thank you for the reply.

 

No not filed yet just put it on ready last night but not sent it.

 

As far as I am aware I have had emails threatening a default from SLL Capital and the last communication was on 15/10/2021 offering a discount if I contacted them! then a letter informing me of a redress on the 4 loans in question?

 

Thanks G