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Moon phases


Moriarty Law - Court Action Letter

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Moriarty Law - Court Action Letter

Post by JobyBoy on Mon Aug 07, 2017 2:46 pm

Hi Guys,

I've attached a letter I received today. I have also attached a screenshot from my Noddle credit report that I believe corresponds to the account.

What would your advise be to do with this?

Thanks in advance!




 

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Re: Moriarty Law - Court Action Letter

Post by daveiron on Mon Aug 07, 2017 3:14 pm

Hi JobyBoy,

Looks like a last minute attempt. presuming you have had no contact with them since the default date.
looks like its statute barred after the 15th of next month. I would ignore .

Alternatively you could send the three letters, & add that you do not own your home or a vehicle & that the entire contents of your property does not belong to you and you hold title to nothing.
They are only after £ 260.00 .So they will want to spend money
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Re: Moriarty Law - Court Action Letter

Post by JobyBoy on Mon Aug 07, 2017 3:41 pm

Thanks Daveiron,

You've always been very helpful on these forums so if you believe to ignore is best that's what I will do.

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Re: Moriarty Law - Court Action Letter

Post by Waffle on Mon Aug 07, 2017 6:16 pm

Yep I agree with Daviron SB in just over 30 days.

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Re: Moriarty Law - Court Action Letter

Post by Waffle on Mon Aug 07, 2017 6:17 pm

If you are interested in understanding statute barred a little better you could brush up in the Limitations Act 1980.

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Re: Moriarty Law - Court Action Letter

Post by JobyBoy on Tue Aug 08, 2017 3:03 pm

Thanks for the help, getting a little worried now though as just received this:




Shocked Crying or Very sad

JobyBoy
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Re: Moriarty Law - Court Action Letter

Post by daveiron on Tue Aug 08, 2017 5:23 pm

Hi,

I am still felling my way somewhat, so its advisable to get others advice if possible. I have managed to grab this from the old site.Read it carefully and delete any non applicable part .fill in and return court papers & send this  to ML recorded delivery. By the time they have complied with this it will have cost them more than they are claiming.


Dear Sirs,

Re:( claimants name) v (your name) Case No:

CPR18 Preliminary Request for further information /clarification

On the (date) I received the claim form this case issued by you out of Northampton County Court .

I confirm having returned my acknowledgement of service to the Court in which I indicate my intention to contest your entire claim.

Prior to the issue of proceedings I had delivered a request for the production of the Agreement referred to in the Particulars of Claim,and which you intend to rely.That request was ignored.

Please treat this letter as my Preliminary Request for further information made ,under CPR Part 18 for the following, including any documentation mentioned within the particulars of Claim ,for which I request the production of a verified and legible copy .Please accept this request by way of Service upon you.

1.  The Agreement, including the specific Terms at the point the alleged Agreement was made and any subsequent changes.You will appreciate by reason of the provisions of CPR 39.a(3.3) requires [b]The originals of the documents contained in the trial bundle,together with copies of any other court orders should be available at the trial. Further ,that any general conditions incorporated in the contract should also be attached.

2.The Deed of assignment.
3. All Notices of Assignment.
4. The default warning letter
5. The default Notice.
6. The Termination Notice.

7. I  deny any indebtedness to the Claimant but particularly deny they are due statutory interest on the amount of
   £ xxx.xx and as such I request full disclosure of the amount the Claimant alleges to have paid for this alleged debt.

8. Also I would request under Civil Procedure Rule 39 PD 39a (3.3) the original of any documents upon which you ,the claimant intends to rely,are brought to any subsequent hearing for examination.

You should ensure compliance with your CPR 18 duties and ensure that the information I have requested is collated and received by me within 14 days of receiving this letter.Failure to produce the information requested will result in an Application to the Court to order the information be provided.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

please note that if you should fail to comply with this request, I will make an application to the court for an order that the proceedings be struck out for non-compliance and a summery costs order.

yours faithfully.

--------------------------------------------------------------------------------------------------------------


Last edited by daveiron on Tue Aug 08, 2017 5:27 pm; edited 1 time in total (Reason for editing : correction)
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Re: Moriarty Law - Court Action Letter

Post by JobyBoy on Tue Aug 08, 2017 5:30 pm

I’ve not contacted Moriarty or anybody before this point will that matter?

I assume I will have to remove the paragraph about a prior request?

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Re: Moriarty Law - Court Action Letter

Post by daveiron on Tue Aug 08, 2017 5:56 pm

Hi
now you have been served court papers you need to respond or you will lose by default.
yes remove that section as it does not apply in your case. I only left it in for anyone else to use in future.
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Re: Moriarty Law - Court Action Letter

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