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moriarty law / Peachy – court proceedings? super weird!

lazarus asked:

Hi there

I received a letter from moriarty law and it’s odd. Are they bringing me to court for £250 debt which I probably settled, or is this just BS?

I’ll have to dig up old paperwork, but Cash on Go Limited is only showing on my noddle report as Satisfied in 2015.

Below the letter. I’m not a great writer, but the grammar is rather weak given they are a law firm.

Please, could one of you guys help me further and let me know what would be the best course of action in this case?

Amount due: around £250
Original Lender: Cash on Go Limited / Peachy

Dear {firstname}

Re: Motormile Finance UK Ltd (MMF)

We have been instructed by Motormile Finance UK Ltd (MMF) in relation to the recovery of the above debt.

This debt must now be settled withing the next fourteen days by either payment in full or an initial payment and an acceptable repayment plan.

In the event we do not hear from you within the next fourteen days we have been instructed to issue proceedings without further reference to yourself.

To ensure you are fully aware of the consequences of legal proceedings being issued against you we have detailed below the costs, fees and interest that the court will add to your account should action be taken.

Court Fees – £25
Solicitors Costs – £50
Interest – £21

The issue of proceedings and any consequent judgment in our clients favour would therefore result in your debt increasing to £358.50.

You can arrange repayment blah blah…

Please note that you have the option of obtaining assistance from the following not-for-profit blah blah…

We look forward to hearing fro you.

Yours faithfully
{fake signature}
Moriarty Law

Tiggy replied:

If you’ve received a Letter before Action (ie threatening a CCJ) you can respond using the County Courts Pre Action Conduct – Request for Further Information. If they commence proceedings against you without responding, in full, to your request, you can apply to the Courts to Stay the Claim until they do respond. Look at the link there’s a letter on here you can adapt and send.

viewtopic.php?f=5&t=85066&p=419344#p419344

Also, you can send this to the alleged ‘owner’ of the debt with £1 fee, copy to Solicitors (for Credit Cards only, for loans change all references to S78 to S77 – do NOT use for overdrafts)

Request under s.77 Consumer Credit Act 1974

Dear Sirs
Re: Account / Reference Number: xxxxx / xxxxx

With reference to the above agreement, I require that you provide me a true copy of the credit agreement.

I am aware that section 77(1) of the Consumer Credit Act 1974 sets out clearly what is required to comply with my request and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it”. For clarification I require a copy of the agreement, any terms and conditions from the time when the agreement was executed, the current terms in force or in the alternative the notices of variation of each term as approved in Carey v HSBC Bank Plc and a copy of the cancellation notice if the agreement refers to “Your Right to Cancel” within it. I also require a statement as laid out also within section 78(1)(a-c). If there weren’t any terms and conditions then please confirm this in your response.

I am entitled to receive the information on request. I enclose a payment of £1.00 per account, which represents the fees payable under the Consumer Credit Act 1974. This request is a statutory request and should not be construed as any acknowledgment or payment towards any account.

I understand that Consumer Credit (Prescribed periods for Giving Information) Regulations 1983 (SI 1983/1569) at Regulation 2 sets out the required time frame for compliance with this request as being 12 working days from receipt.

In the event that you do not consider yourselves the “creditor” I direct you to s189 Consumer Credit Act and the leading case of Jones v Link Financial Ltd [2012] EWHC 2402 (QB) (22 August 2012) which confirms that assignees of an account are the creditor and must comply with statutory duties.

In accordance with the new FCA guidance, if the copy of the executed agreement is reconstituted, then I expect you to confirm this is the case and to confirm what steps were taken to provide this reconstitution as set out in the FCA handbook CONC 13.1.4 (2).

I look forward to hearing from you
Yours faithfully

lazarus replied:

Thanks I was on holiday and now I got a second letter threatening with a CCJ, but there aren’t any timelines or anything stated. I sent the letter County Courts Pre Action Conduct – Request for Further Information.

If I don’t get the info (or even if I do) do I start the 3 letter process? Or it’s too late for that?

Also, how do I find out if this is the closed MMF account from my credit file? Because I’m quite certain it’s the same.

Tiggy replied:

What do you mean it was closed on your credit file ? Was that when it was sold on ?

williams2583 replied:

yes can be shown as zero balance when sold on to the new creditor

lazarus replied:

Moritary Law is acting on behalf MMF who are acting behalf on Peachy/Cash on the Go.

I had one peachy loan from 2012 which got ‘satisfied’ the same year after I went through the 3 letter process. The account is listed under my closed accounts.

The current reference number doesn’t match the old one, I guess because it’s a moritary law reference and not MMF. Also, there is an “account number” listed probably the Peachy one, but I never got the documents sent from MMF in 2012, so I’m not sure if those match.

So, just wait for a reply now and start the 3 letter process then?

williams2583 replied:

you have sent the Pre action protocol that supersedes the 3 letters process and they are not allowed to commence court proceedings without responding ,so wait ,it sounds like they dont have evidence 2 me.