Moriarty Law Pre Conduct

by Muffinman745 Sat Nov 25, 2017 7:57 am

Morning guys,

So after Moriarty Law began to threaten legal action on an old account which I don’t actually have any recollection of to be completely honest, I send off the pre action conduct letter requesting details such as credit agreement, default noticed et. Etc. As per the standard letter I think there are 7 points in total that I requested.

They’ve replied back with what is supposed to be the credit agreement, although it looks like something you’d draft up. It does not have my signature on there, but just has my name typed in the signature box.

Anyway, all they’ve enclosed is a credit agreement, nothing else. Which incidentally is dated May 2011, so has gone past the 6 year mark, but as there’s no default notice enclosed I don’t know what date the alleged default it.

Do I just reply back and re-affirm my request for all the info to be provided? They have to provide this before going to court I take it?

Thanks

by Tiggy Sat Nov 25, 2017 10:18 am

An agreement can be reconstituted, so doesn't require your signature but needs to be a true copy of the one you would have agreed to and requires the correct proscribed terms as per the Consumer Credit Act.

The 6 year statute barred date isn't from the date of agreement, its from the date of them issuing a formal default notice or received payment from you whichever is the least time ago (ie if you entered a repayment plan after the default notice was sent it goes from the date of last payment).

by petesomething Sat Nov 25, 2017 10:34 am

HI Muffinman745

you also you want a copy of the default notice , if you think the agreement is not a true copy , just say i want a true copy of the alleged agreement . but if it went to court you will need to say why it is not a true copy,
if you use the new 3 letters when the DCA first write to you it may not get to the solicitor stage

by Muffinman745 Sat Nov 25, 2017 5:58 pm

Thank you, but am I correct in going back to them and asking them to complete each of my requests from my original letter before anything further? I wrote to them asking to see the following in relation to the alleged debt:
1: original signed credit agreement
2: statements of the account and a breakdown of fees etc leading to the alleged debt of £XXX
3: details of any default charge and interest that may have been applied to them
4: a copy of the default notice from the original creditors and certified copies of how this was served upon me
5: copy of the legal / absolute assignment including a copy of the deed of assignment
6: certified copies of how I was served with the alleged legal assignment
7: a copy of the alleged notice of assignment sent by the original credit to the defendant and again certified copies of how this was served.

In their response I only received what they claim is the credit agreement referred to in part 1.
I plan to go back asking again for the following points to be answered.

I presume they legally can not proceed without providing these?

Thanks for all your help as ever!

by Tiggy Sat Nov 25, 2017 8:31 pm

Muffinman745 wrote:Thank you, but am I correct in going back to them and asking them to complete each of my requests from my original letter before anything further? I wrote to them asking to see the following in relation to the alleged debt:
1: original signed credit agreement
2: statements of the account and a breakdown of fees etc leading to the alleged debt of £XXX
3: details of any default charge and interest that may have been applied to them
4: a copy of the default notice from the original creditors and certified copies of how this was served upon me
5: copy of the legal / absolute assignment including a copy of the deed of assignment
6: certified copies of how I was served with the alleged legal assignment
7: a copy of the alleged notice of assignment sent by the original credit to the defendant and again certified copies of how this was served.

In their response I only received what they claim is the credit agreement referred to in part 1.
I plan to go back asking again for the following points to be answered.

I presume they legally can not proceed without providing these?

Thanks for all your help as ever!

Yes, go back and ask for them again pointing out they are not compliant with the pre action conduct.

I did this on a claim against me, they commence proceedings and I defended against the claim but also immediately applied to the Court for a stay for their non compliance with the Pre Action Conduct. The stay was granted by the Court with an order that they 'comply in full with the request for information'. They eventually discontinued their claim against me.

by Muffinman745 Sun Nov 26, 2017 8:35 am

Thanks Tiggy

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