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MMF/Moriarty Claim Form - old Northway Broker Limited PDL


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failed CPR AND CCA.

but I suspect they will disclose in their WS so its a waiting game

will they pay the fee

who blinks first

 

is the fee paying before the need to file WS?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

Well as Christmas is now well and truly over I have rang the court and they paid the fee so let battle commence.

 

I am over the weekend preparing the witness statement. I have received absolutely nothing from the Claimant's solicitors. The only document I have is the claim form. They have until Tuesday to send me their witness statement.

 

My witness statement can only be based on the fact that I have not received any supporting documents to substantiate their claim. No agreement or default notice.

 

Would that be correct?

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yes quite usual for them

there are WS in other mmf/mor threads here already

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks DX

 

Can anyone take a look at my draft witness statement. I have looked through the threads for witness statements but most of them are compiled on the basis that an agreement/any other document has been provided so I cannot comment on what my agreement is or what the default notice says. If anyone can take a look it would be most appreciated.

 

I ******, being the Defendant in this case will state as follows:-

I make this Witness Statement in support of my defence and the court order dated ********* 2017

1. On ************* 2017 following the receipt of the Claim Form I requested from the Claimant’s solicitors:-

 

(a) The Agreement which the Claimant intends to rely on.

(b) The Notice of Assignment which the Claimant intends to rely on.

© The Default Notice.

 

2. I attach hereto marked **1 a copy of a letter sent to the Claimant under Sections 77 and 78 under the Consumer Credit Act 1974.

 

3. I attach hereto marked **2 a copy of a letter sent to the Claimant’s solicitors under CPR 31.14.

 

4. Also attached and marked **3 is an email dated ************ 2017 sent to the Claimant’s solicitors requesting yet again a copy of the documents. A reminder email was again sent on ************ 2017 also advising that as protocol they had also not sent me a copy of their directions questionnaire.

 

5. The Claimant has yet to fully comply with both the CCA and CPR requests. No default notice has been provided nor a legal notice of assignment.

 

6. The Claimant has yet to provide copies of documents requested to show they have a legal right to the debt or any default notice that may have been served.

 

7. I have no recollection of any default notice or notice of assignment being served.

 

8. It is noted in the court order that each party must serve any documents on the other party at least 14 days before the hearing and that any documents not served may not be taken into consideration and that all documents must be originals.

Statement of Truth

I, ********, the Defendant, believe the facts stated within this Witness Statement to be

true.

 

Signed:

Dated:

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when is the hearing?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you cant email a WS

but I wouldn't worry about a day or 2 late as long as its dated by the 2/3rd and signed to the court by you.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Wow thanks for letting me know.

 

Can I email it to the other side or post that.

 

Will hand deliver mine to the court on 2nd/3rd

although no doubt the court will lose it before the hearing.

 

I have never gone to a hearing where the judge has my documents

I always have to give him another copy which he quickly peruses.

 

Hope its the same judge as the court order

dont want the problem that Johnw had where the judge said defence was crock now pay.

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sadly you can never protect against judge lottery.

 

I think your WS needs work

esp with proper numbering of the exhibits.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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When you say proper numbering I was just going to put my initials in each one. Is that correct?

 

I have spent a good couple of hours reading through member's witness statements but cannot find one where no documents have been provided. They mention the agreement is incorrect/wrong.

 

I will get it over to the court in the next day or so.

 

Does anyone have any comments on my statement to change it.

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Thank you Andy - much better than the rubbish I had :whoo:.

 

I will put it in proper format as I did do a witness statement about 3 years ago with the relevant heading. Will send it by hand delivery tomorrow. Will also post a copy to Moriaty.

 

Hammyhound

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witness statement from Moriarty.

 

Their letter states that they are happy for mediation! :lol:

 

The usual dribble of when they acquired the debt and how much the debt was for.

The best being they never received the CPR request nor did their client receive the CCA request

but as law dictates they do not have to provide any documentation.

In their eyes they send them before the hearing to fluster.

 

I wish they didnt use precedents as they have my gender wrong :lol:

This statement has been used previously and they have just inserted dates etc.

 

In their exhibits they have provided

 

1. Loan Agreement - it looks pretty standard but I still cannot for the life of me remember taking this out. What I can pick out is that they say I signed this agreement electronically. I remember these type of pay day loans all those years ago - you signed electronically and the agreement came to you by email - yet they signed the agreement the day before signed mine.

 

2. Statement of account - I have never received any of these. The statement of account is a 1 page document which covers the period from when they were assigned the debt to the day they sent the witness statement - it is dated 2.1.18 - a total of 4 years - do they realise they haven't sent one and hope the judge does not look!!! I thought it was usual to receive a statement of account every year.

 

3. Assignment from MMF - nothing from Northway Broker

 

4. Letter before action - which I received.

 

5. Final Demand - which I received.

 

6. Letter stating they have issued and its not too late etc

 

and finally a notice saying they are not attending court - as previous posters have said.

 

I will still be attending and state my case although I dont know what direction to take.

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scan it up to one multipage pdf

read upload

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for your thoughts Jon, definitely no NOA received from Northway.

 

Never heard of them until this and yes certainly no DN.

 

The only documents I received previously were the two/three letters they have disclosed.

 

They didn't even send me a statement of account only concocted one up which spans 4 years and is dated the same day as the witness statement.

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does anyone have any comments as to how I put forward my case next week

 

can I say there is no dn and the fact that they have not produced a yearly statement of account and only produced one covering a 4 year period as an exhibit

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Refer to your initial defence and witness statement

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 1 month later...

Just an update

the case was adjourned as the judge didn;t have time to listen to all I had to say :-x.

 

She said that all that was in the particulars of claim are adequate and it doesnt matter about a default notice or any of the other rubbish I mentioned in my defence what was in the particulars of claim was fine by her standards.

 

I have another hearing in March.

I have not got any fight in me anymore as I know it will be going back before her and that if I wished to not attend and withdraw my defence I could do so 7 days before the hearing.

 

What I need to know is if I get a judgment does the court give me say a month to pay

- I will have all the money in 2 months.

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You can pay it in total before the date stated on judgment (no CCJ registered) or you can submit a N245 and vary it to monthly affordable payment (CCJ will be registered for 6 years)

 

Sounds like you haven't got a cat in hells chance of any success with that Judge and the CCA1974 legislation is none existent and will be ignored...take a completed N245 with you to the hearing and slap it on her desk at the end..she has already decided.

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Thank you Andy, want to pay it all in one go as its taken me a while to get my credit file in order and dont want it scuppered for £350.

 

I just hope the judgment takes a while to be typed and sent to me and then maybe I am hoping to have a further 28 days.

I know some judgments say forthwith so I am not too sure of the time they give you.

 

Yes horrible judge

just read out their statement and said

"well I cant see any problems with you denying this can you I will adjourn this to a further date for you to check again whether you wish to withdraw your defence and if so let the court know at least 7 days before the hearing"

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