Author Topic: Letter of Claim from Moorside Legal  (Read 8178 times)

0 Members and 69 Guests are viewing this topic.

Re: Letter of Claim from Moorside Legal
« Reply #30 on: »
Good evening,
I have now received a Notice of Transfer of Proceedings to transfer the case to a local court for allocation and case management directions with a notice of allocation to be sent out in due course. Clearly mediation failed to resolve the matter.
In your expert opinion should I suggest a resolution to Moorside to conclude matters by agreement? Basically, each party goes on their own respective paths and that is the end of the matter? If so, do you have a template to use to make such a proposal / offer?

Alternatively, your thoughts.

Re: Letter of Claim from Moorside Legal
« Reply #31 on: »
No.

You offered £0 to settle in the mediation session and it was not accepted.

Re: Letter of Claim from Moorside Legal
« Reply #32 on: »
You are showing a naivety that this firm of utterly incompetent, supposed legal professionals at Moorside hope for. You have had, or should have had, your mandatory mediation phone call.

That phone call was supposed to be your opportunity to negotiate a settlement. Our advice is to only offer £0. The mediation is not part of the judicial process and no judge is involved. It is without prejudice and has no bearing on the case going forward. When was you mediation call and what did you say on it?

This is the advice we give to defendants for their mediation call:

Quote
“Before I set out my position, please confirm from the claimant’s side:

• the full name of the person attending for them;
• their role/position at their legal representative’s firm; and
• whether they hold written authority to negotiate and settle today.

Please relay that back to me before we continue.”

After the mediator calls back...

If identified and authority confirmed:

“Thank you. I’m content to proceed on that basis. My settlement offer is £0, or I invite the claimant to discontinue with no order as to costs.”

If no/unclear authority:

“Please record that the claimant’s attendee has not confirmed settlement authority. My position remains that liability is denied and my offer is £0, subject to prompt approval by an authorised solicitor if they choose to discontinue.”

All you need to know is the name and the position of the person acting for the claimant and report that back to us. It will be over within minutes. Complete waste of time otherwise.

If the claim has now been transferred to your local county court, you now have to wait for the judges directions which you should show us when you receive them. They will contain some dates and deadlines which are important.

The odds of this actually reaching hearing are very slim to none. This is because they are hoping that you are low-hanging fruit on the gullible tree who is going to be easily intimidated into paying up out of ignorance and fear. They will wait until the very last minute to discontinue, if the claim is not struck out beforehand.

So, did you have a mediation call? If yes, what did you say? If not, then just wait for the directions and then show us when you receive them.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Letter of Claim from Moorside Legal
« Reply #33 on: »
Yes, I had a mediation call from a guy called Stuart. He was very pleasant and more or less said what you state and concluded the call on basis that there was no agreement and so would report back to court and just to wait and hear from them. He simply said that Moorside representative was maintaining their claim and because of my stance there was no prospect of a settlement and he would inform Morrside as well.

Re: Letter of Claim from Moorside Legal
« Reply #34 on: »
And did you get the information you were advised to ask?

Quote
• the full name of the person attending for them;
• their role/position at their legal representative’s firm; and
• whether they hold written authority to negotiate and settle today.

We need this information because we believe that the person who was acting for Moorside is not authorised to conduct litigation (acting for Moorside, even if under supervision) and they are in breach of the Legal Services Act 2007, which is a criminal offence.

If you need to understand more about why we are now asking these questions, you can read this thread:

Why the recent High Court appellate case of Mazur is very relevant to all cases we deal with here
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Letter of Claim from Moorside Legal
« Reply #35 on: »
I have today received an Order for the Court. I am unable to send you an attachment as I cannot see a link for an attachment as I need to know if there any steps I need to take. Your advice guidance would be appreciated.

Many thanks as always

Re: Letter of Claim from Moorside Legal
« Reply #36 on: »

Re: Letter of Claim from Moorside Legal
« Reply #37 on: »
Please see the contents on the link below.

https://postimg.cc/mcbjCyXT

Thank you
« Last Edit: October 10, 2025, 10:25:18 am by IAN28221 »

Re: Letter of Claim from Moorside Legal
« Reply #38 on: »
The judge has struck out the claimants PoC. However, he has thrown them a lifeline.

They must submit new PoC that answer the questions in the order, which are the ones mentioned in the defence that are missing. They must do so by 4pm 20 October. If they don’t, the claim is struck out,

If they do respond, you then have until 4pm 3 November to submit an amended defence which is based on the amended PoC.

Let’s wait and see whether the claimant complies. If they do, show us the new PoC and we can create a suitable defence in response.

Oh, and there’s no need to redact Judge Akers name or the county court where he sits.
« Last Edit: October 10, 2025, 04:24:36 am by b789 »
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Letter of Claim from Moorside Legal
« Reply #39 on: »
I received the following today just before the deadline set by the court.

Can you review and let me know what can be done now. As will be seen the person dealing with the matter is a litigation paralegal to answer your earlier question.

I will upload the documents through the process previously suggested.


Re: Letter of Claim from Moorside Legal
« Reply #41 on: »
Why have you reacted the location in the PoC???? And where is the rest of the PoC, especially including the Statement of Truth (SoT) and the signature and name of the person signing it????

What time did they send those to you? If by email, the time the email was sent.

The ONLY names you need to redact are YOURS!!! The judge ands the name of the county court are not secret or outside of the public domain!
« Last Edit: October 20, 2025, 09:18:50 pm by b789 »
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Letter of Claim from Moorside Legal
« Reply #42 on: »
I thought the whole document was uploaded on the separate link including the email. I sent two links. not sure how else to get the document to you.

I understand you cannot put court documents on a public domain that is why I have redacted. I am content to send you the whole document should you wish directly.

The email and documents from Moorside Legal were received at 15.47 today but I didn't see till later and did email the court to enquire if anything had been received before the 4pm deadline. seems they did send before the deadline.

I am assuming I am going to have to submit each page individually through the link you sent previously. Let me see what I can do.

The email and the points of claim are from a JohnMoody. Litigation Paralegal, trust that assists.

Re: Letter of Claim from Moorside Legal
« Reply #43 on: »
Here is the link to the letter from Moorside Legal

https://postimg.cc/BL5tCL0V

Re: Letter of Claim from Moorside Legal
« Reply #44 on: »
There are plenty of other free sties that allow you to upload documents. Use one that preferably doesn't include soft p0rn links. A good one to use is https://imgbb.com. You can't show images of PDF files so you need to convert them into .jpg or .png files first. Try https://www.pdf2go.com for that.

Who signed the SoT on the further PoC? I need the name and position within Moorside Legal!!!

The Further PoC now:
• Alleges that the claim is brought under Schedule 4 of PoFA 2012;
• States that the defendant was the keeper and/or driver of the vehicle;
• Identifies the “consideration” as the facility to park;
• Asserts that the breach arose by parking contrary to displayed terms;
• Claims a £100 PCN plus £60 debt-recovery uplift; and
• Adds interest and fees to reach £245 total.
• Exhibits are referenced (PCN, signage, and photographs) but not visible because you have failed to upload them.

Preliminary Assessment of Compliance
At first reading, the “Further PoC”:
• Superficially follows the judge’s order by stating whether the claim relies on PoFA and a “relevant contract”.
• Still fails to provide the exact contractual wording or to identify the specific clause breached—contrary to PD 16 §7.5 and the requirements of paragraph 2 of the order (“…identifying the clause or obligation breached, the consideration, and the nature of any trespass or tort”).
• Retains the vague “keeper and/or driver” formulation, so it does not specify the cause of action with precision.
• Provides no breakdown of interest calculation or reference to any statutory basis under s. 69 County Courts Act 1984.

Consequently, while Moorside Legal met the filing deadline, there is a serious argument that they have not achieved substantive compliance with the court’s order. A claim remains strike-out-eligible under paragraph 3 of that order if the court determines that the directions were not properly satisfied.

Further, just looking at the cover letter with that, John Moody has conducted litigation within the meaning of section 12 of the Legal Services Act 2007.

Here’s why:
1. Conducting litigation includes, among other things,
• filing or serving documents on behalf of a party;
• corresponding formally with the court on behalf of a party in an existing claim; and
• performing steps required by procedural rules in the conduct of the claim.

2. The email you’ve shown is addressed to the court (“Please update the Court record”) and explicitly states that Moorside acts for the Claimant, serving the “updated Particulars of Claim and Enclosures”.

That is a formal procedural step in the litigation.

3. The sender is identified as “John Moody, Paralegal.”
Unless he personally holds an individual authorisation (e.g. as a solicitor, CILEX litigator, or other authorised person under the LSA 2007), he is not permitted to conduct litigation, even if his employer (Moorside Legal) is an SRA-authorised entity.

The High Court reaffirmed this in Mazur & Anor v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB) — unauthorised employees cannot conduct litigation, even under supervision; only authorised or exempt individuals may do so.

4. Therefore, by sending that email on behalf of the claimant and directly corresponding with the court regarding service of pleadings, John Moody has undertaken a reserved legal activity that he is not individually authorised to perform.

That step is technically a breach of section 14 LSA 2007, potentially exposing both the individual and the firm to regulatory action if the act was unauthorised.

I will now wait for you to answer the questions and show us the attachments that were sent with the further PoC before I advise on what you should do next.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain