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Moon phases


Merligen investments Ltd: Moriarty law

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Post by assassin Thu Nov 15, 2018 2:46 am

daveiron wrote:Hi paymydues,

Dont over think this, contact them ,You require the documentation to support their proof of claim.
Thats it ,wait and see what they can supply.Remember this shower buy what others cannot collect,
they probably paid next to nothing for these alleged debts in the hope they can scare the odd one or two
into paying .  

Around 1.5% Dave.
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Post by waylander62 Thu Nov 15, 2018 9:35 am

assassin is correct this is contract law and you have in my opinion entered into a contract with them by paying them something.

going back to the beginning it would appear to be almost statute barred so we request information as the company chasing you have purchased the debt

it is that simple at this stage

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Post by paymydues2 Thu Nov 15, 2018 12:10 pm

Thanks for the varied responses guys.

The ppi payment was NOT from my bank but a alleged loan (RBS I think).

Assassin, I know what you are saying but I did NOT agree to a payment plan after. Although paying  £10 was done out of 'panic' shall we say and is a strike against me ,yes?

If this did end up in court then doesn't the statute against law scenario come into affect here?
There is no contract unless two wet signatures thing? They are after all sending these letters to my legal fiction and not the living man. Even though I placed the living man details to the right side as suggested.

Are we sure these are solicitors and not just a DCA? I'm not.

I will do the letters the debt purchasers ones, as Daveiron suggests. I will tailor them to my circumstances.

As for PPI claims and banks, we should all know better than to take any offers of refunds from snakes!!! Then again I was convinced I didn't have any so wasn't prepared for this crap.

cheers again

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Post by waylander62 Thu Nov 15, 2018 12:53 pm

i will comment only on the payment you made

the contract was not about the payment plan or lack of a payment plan, the contract was made prior to this

when you made that payment or any payment then you pretty much acknowledged that there was monies to be paid ( why else would you pay someone? this is what they will argue and the courts will look at )

therefore their claim that there WAS a contract in the first place is given merit by this fact, the payment.

your best argument is validity of the contract and statute barred should it be proven there was a contract.

contracts dont necessarily have to be signed by either party, there is offer and acceptance , if your are offered something and accept this offer then a contract is formed,but you have rights under any contract.

dont get drawn into the wrong argument you are simply asking for a copy of any contract by which the debt purchaser has any right to pursue you for money.

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Post by paymydues2 Thu Nov 15, 2018 1:26 pm

Oh I see
Now  you can see why I need advice here.

So it's validity from the debt purchasers how THEY have the right to pursue this claim.
Not nothing to do with contracts' agreements with CAG?
Or have I got that wrong too?

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Post by paymydues2 Thu Nov 15, 2018 3:06 pm

Hi again guys

This is what I've come up with.
Any opinions or advice appreciated.

cheers................

Dear Interloper

Thank you for your recent contact via Merligen Investments Ltd dated: 29
th October 2018 and received on 2nd
November.

I feel this matter is serious and wish to deal with it in writing. I do not give you permission to contact me by telephone.

Please take notice I rebut and reject your assumption that I owe your corporation money.


You claim you have purchased an outstanding balance from Claims Advisory Group with the benefits,  right’s , title and interest. I require documentary evidence within 10 days from the date of this notice to ensure that there has been no breach of the data protection act.

 

I also require proof of claim that this contract exists and from what date it allegedly started from and proof of said ‘invoice amounts’ and what they were for.



Please provide this information and documents within ten (10) days from the above date, so that I may settle any financial obligation I might lawfully owe. Your said failure to provide verification of your claim constitutes your agreement to the following terms: that you are a third party interloper; you have no legal standing; no first-hand knowledge of this matter; your claim is fraudulent; any damages I suffer you will be held culpable; you agree to pay all fee schedules; that any negative remarks made to a credit reference agency will be removed and that you will no longer pursue this matter any further.

Should you provide sufficient evidence that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full.



 




Yours sincerely





                                             By: 




 



 




By: Sovereign   of the family:
Authorised Agent and Representative for 




 




No assured value, No liability. Errors & Omissions Accepted. All Rights Reserved.

WITHOUT RECOURSE – NON-ASSUMPSIT

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Post by waylander62 Thu Nov 15, 2018 5:16 pm

paymydues2 wrote:Oh I see
Now  you can see why I need advice here.

So it's validity from the debt purchasers how THEY have the right to pursue this claim.
Not nothing to do with contracts' agreements with CAG?
Or have I got that wrong too?

slightly wrong

the original contract with CAG is still the overriding agreement, this is what the chasing DCA have allegedly bought so you want a copy of the original agreement you had with CAG. but the new 'owner' should have it ( they wont )

you also want proof that the agreement has been lawfully assigned to the debt purchaser which in your case i would not ask for in the first letter, but ask for at a later date. ( just to buy time really )

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Merligen investments Ltd: Moriarty law - Page 2 Empty final draft letter

Post by paymydues2 Thu Nov 15, 2018 6:17 pm

Is this better............?

Dear Interloper

Thank you for your recent contact via Merligen Investments Ltd dated: 29
th October 2018 and received on 2nd
November.

I feel this matter is serious and wish to deal with it in writing. I do not give you permission to contact me by telephone.

Please take notice I rebut and reject your assumption that I owe your corporation money.




 Could you please send a true copy of the agreement I allegedly had with Claims Advisory Group.




Please provide this document within ten (10) days from the above date, so that I may settle any financial obligation I might lawfully owe. Your said failure to provide verification of your claim constitutes your agreement to the following terms: that you are a third party interloper; you have no legal standing; no first-hand knowledge of this matter; your claim is fraudulent; any damages I suffer you will be held culpable; you agree to pay all fee schedules; that any negative remarks made to a credit reference agency will be removed and that you will no longer pursue this matter any further.

Should you provide sufficient evidence that I owe your organisation or your client any outstanding amount , I should be happy to pay any verified claim in full.



 




Yours sincerely





                                             By: 




 



 




By: Sovereign   of the family:
Authorised Agent and Representative for 




 




No assured value, No liability. Errors & Omissions Accepted. All Rights Reserved.

WITHOUT RECOURSE – NON-ASSUMPSIT


Last edited by paymydues2 on Sat Nov 17, 2018 12:32 pm; edited 1 time in total

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Post by sam Thu Nov 15, 2018 6:49 pm

hi your letter looks good , yes let hope you can buy time to get to statute barred , no one knows what they may have or not have however if they had the proof ,they would of sent it ,but we all know they make up paper work , and make court claims without any paper work
one thing how can they send the original agreement , but they can send you a true copy and a true copy is all the court need

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Post by assassin Fri Nov 16, 2018 1:12 am

Let me make it very simple, you can enter a contract by consent OR by action.

You had an agreement with the alleged OC and a parasite bought this alleged debt from them, they know you had an agreement with the OC, they also know you have no contract with them; now they have a simple choice.

1) They can ask you to enter an agreement with them and get you to sign the required documentation which the majority of people would decline and they know this so they bypass this and go straight to 2.

2) They know on the balance of probability that most people will decline to enter a contract with them and they have 2 ways to get people to contract, threaten them or trick them into a contract. In some cases threats work but that they are not effective so they go straight to tricking people into a contract.

They do this simply, they need a form of either consent or some other form of what could be deemed acceptance and as they know it is unlikely that they cannot get consent, they go straight to trickery as this catches the majority of people out. They also need paperwork which is the only real proof a court accepts as credible and if they can get acceptance verifiable by paperwork then they have you. Their trick is first threats to force you to make a payment, if this is an electronic payment it is orgasm time for them as this creates paperwork of the funds transfer process from an account in YOUR NAME to an account in THEIR NAME.
Case goes to court, have you evidence???? yes we have the funds transfer process and its accounting, slam dunk win for them.
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Post by paymydues2 Fri Nov 16, 2018 3:01 pm

Assassin
I appreciate what you are saying.

Are we talking about the purchasers of said debt here?
So by me asking them for proof is that going against this for me then?
Sorry but you have far more experience in this than I.

Should I send this letter off then or not? Will it go against myself or this situation?
That's all I want to know.
What you are saying makes sense but it doesn't highlight which party you are referring too?

Thanks..............

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Post by paymydues2 Fri Nov 16, 2018 4:01 pm

Assassin

Re reading your last reply three things spring to mind of your point's....

1. They are 'posing' as this Merligen and Moriarity Law or they are 'in house debt collectors' to try to scare me into making payment to them.
2. Anything I send, even if asking for proof of original agreement with CAG to Moriarity Law is basically admitting I have this debt and goes against me.
3. I have dropped myself 'in it' by making this one payment on 30 Jan 2013 so did enter 'a contract, by action'. Even though nothing further was paid?

(The purpose of asking for various things was to 'waste time' ,so to speak until it get's statute barred.)

Which one is it then......................???

cheers.............

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Post by paymydues2 Fri Nov 16, 2018 4:53 pm

Also one other thing.

With CAG knowing I 'entered a contract' with them when making that £10 payment WHY then I wonder after sending out letters or threats (and me responding every time with the 3 letter process) did they NOT try to take this to court after nearly 6 years...........hmmmm

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Post by assassin Fri Nov 16, 2018 7:19 pm

This is the trick they use, you had a valid contract with the OC or original creditor which was Claims Advisory Group and nobody else. Moriarty Law have bought the debt, or are acting as agents for CAG.

You had/have no contract with Moriarty Law and the only thing they can do is to trick you into a contract with them, this is what they do.

You have no contract with Moriarty Law unless you consent to one, this is why they have to trick you into one.

Asking for proof does not go against you as it ties them up in time and paperwork and time costs them, but it reinforces your position by clarity, they clarify whether they have bought the alleged debt and legally own it, or whether they are acting as agents for CAG.

If you were threatened, intimidated, or harassed into making a payment then this is enough to make any contract VOID as it constitutes duress, duress automatically makes any contract void as it cannot come into force as defined by not only English Contract Law, but also by Lawful Precedent.
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Post by sam Fri Nov 16, 2018 7:56 pm

HI your letter is fine but say true copy , not original they will not give you that , you have every right to ask for paper work , look in court a judge will know you had a contract from C,A,G , you are not consenting for asking for paperwork .indeed a contract is a two way street ,
remember they play on fear,
dont admit the dedt or pay any money not even one peny, , you want proof , thats it ,
i do think if they had the paperwork or they would of sent it you by now , but remember they have thousands of people on their books by data sheets , so for them to get all the paperwork would be a nightmare for them and time and money






















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Post by paymydues2 Sat Nov 17, 2018 12:18 pm

Hi Sam and Assassin.

I will correct the request as you state to 'true copy'.

I know this doesn't come under the CCA 1974 but when CAG sold this to Merligen. It was them 'giving up' basically and trying to get something from their unsuccessful attempts?
Also I now know I DON'T have ANY contract with Moriarity Law as they have bought (or their affiliates) said alleged debt.


Just some info.

Re reading their letter Merligen sent these things I will highlight.

When your debt with CAG was acquired by Merligen, this information was  forwarded to us. This included details of your debt, payments made and outstanding sum due.
As Merligen have acquired your debt, we have the same right's ,duties and relationship as the original owner. Your personal data will be stored and used for the purposes of collecting the outstanding balance from you. In order to process your debt, we will supply your personal information to credit reference agencies and they will give us information about you, such as your financial history. If you pay your account in full then all existing reports  of this account will be marked as 'settled' or 'satisfied' and you should be aware that the existence of this 'default' information may adversely affect your ability to obtain credit in future. Oh if only they knew how totally against doing that i am now and have been for quite some time.

We may pass your personal data to third party contractors that provide services to us including debt collection agencies, Solicitors and tracing agents. These third parties are obliged to keep your details securely and use them only to fulfil instructions provided by us.  No doubt that's where Moriarity law come in and have NO power at all.


It also states at the very beginning Merligen are a purchaser of debt.So we know for definite what they have done.
Then the other area which I did mention before was they wanted ME to contact Moriarity law. Now forgive me but shouldn't they be contacting me if this was legit? No ,now I see what you are saying. They are hoping I agree to something voluntarily.
I will stand my ground though and ask for said documents ,one at a time. It's worked 100% for me so far Smile thanks to info here and GOODF.

The interesting thing about all this info they have provided is there is nothing on my credit history at all about this 'debt'.
I did read however that someone had their credit history affected by them with a really old debt, and THAT I feel will be their action if things don't go their way. It won't affect me though as I will never have credit cards or loans/Mortages ever so they can put what they like. When I was unaware of all this and working full time my 'debt' was always paid without fail and on time so I know my credit worthiness. I just don't agree with paying fraudsters and scumbags.

Cheers again guys.

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Post by assassin Sun Nov 18, 2018 2:03 am

Good, they have bought the debt and you know you have no contract with them.

This is why they try to get you to contact them as this is often seen as admitting to owing a debt and is accepted by the corrupt legal system, so never admit to any debt and continue to play for time until it is statute barred then stick two fingers up to them.
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Post by paymydues2 Mon Nov 19, 2018 1:14 pm

So send the letters asking them questions.
Do you think I will have a time line before sending Moriarity law the first letter. I'm thinking maybe the longer the better.....
or will that enable them to state I've ignored them.
Just asking now we know who and what they are about.
If the sooner i'll get that letter sent out this week.

Cheers again MUCH appreciated.

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Post by sam Sat Nov 24, 2018 2:16 pm

HI paymydues2

you asked why they never taken you to court after you made a £10 payment ,
look they need more than any contract , the court will known there must have been a contract , or been assigned to a third party , but a court and your self need proof of this,
making a payment , will start yo 6 years again to be statute barred , if it went to court they must show you made this £10 payment ,
1/ have they got this payment on their records and if they have , they need to show proof of this,

keep us informed



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Post by paymydues2 Sat Nov 24, 2018 4:26 pm

Hi Sam

Thanks for that.
I hav'nt sent Moriarity Law any letters yet as surely they need to get in touch first. Otherwise,from my standing, it seems like they have me worrying about this and admitting something they hav'nt even contacted me about yet. Also it delays things ,which is what we want.
A debt purchaser ,like Merligen, asking nicely if I would contact this agency for a alleged debt seems odd.
Normally the actual agency dealing with it sends notices/demands first?
I also hav'nt had any response back yet since Merligen said they were going to get the true copy agreement from CAG and let me know  when they are in receipt.

Do you think  this is the best way?

cheers again....................

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Post by sam Sun Nov 25, 2018 11:25 am

Hi paymydues2

If it was me, i would wait , lets see if they do send any paper work .

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Post by paymydues2 Mon Feb 11, 2019 2:09 pm

Hi guys

Firstly I'd like to take the opportunity to wish each and everyone on this site a peaceful, debt and stress free year.

In regards to my so called predicament last year ,at the start of this post, I thought I'd update you guys on the current situation.
Well it was as ,to some extent, my first suspicions and very good info from others here as we thought.
I have had no further contact from Merligen investments ltd and I did NOT contact Moriarity law (as like I stated before I though that ODD).
It was like assassin stated, they want you to 'put yourself in it freely'.
The statute barred thing ( last payment or admission to being in debt or owing them anything ) was 30th Jan 2013.WE are now 11th Feb 2019 so they can kiss any hope of getting anything goodbye.
Still waiting on their proof of contract/from C A G.
 Can I also say ,even when you suspect that things are 'a bit fishy', having guidance from some here REALLY DOES HELP.
As, like I found, it's so easy to tie yourself up in knots in the hope of getting things right.
So to Sam,Assassin, waylander62 and Daveiron a VERY SINCERE and heartfelt THANKS for taking the time to respond to my 'rants'.
I now know what these bottom feeders were trying to do ,but thanks to you guys here (and a tiny bit of intuition from myself ) they didn't achieve it.
I'd also like to add Never EVER use a PPI Claims firm!!!!!!
They are just a bunch of thieves who do sod all for what they try to steal from you. I will be glad when this PPI claim debacle ends later this year.

Once again MANY THANKS...................... Very Happy


Last edited by paymydues2 on Wed Feb 13, 2019 11:01 am; edited 1 time in total

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Post by daveiron Mon Feb 11, 2019 3:13 pm

Well done mate, hope you are going to stick around .
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Post by sam Mon Feb 11, 2019 6:00 pm

Hi well done ,

My friend and neighbour petesomething won just by sendind 2 letters to moriarty law , he got letter back with 0.00 balance , they had a few months left before statute barred he was going to post but this site will not let him post for some reason , maybe lopsum can see why . he did not reply to the dca , but told me always use the 3 letter if you receive any letters from dca

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Merligen investments Ltd: Moriarty law - Page 2 Empty Re: Merligen investments Ltd: Moriarty law

Post by paymydues2 Mon Feb 11, 2019 6:29 pm

Hi Sam
The difference being with mine I received no letter from Moriarity Law only one from Merligen stating they had bought the so called 'debt' and I should consider them the new owners and treat them as such. Then would I contact Moriarity law about my new account.I though that really odd.
No doubt it was to sweeten things without the threats,in the hope I would comply with their fraud willingly.

paymydues2
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Merligen investments Ltd: Moriarty law - Page 2 Empty Re: Merligen investments Ltd: Moriarty law

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