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gat_3

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About gat_3

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  1. Hi guys, So in late march/early April I spoke to SP about my outstanding bill and said i'd like to set up a plan to pay arrears (it wasn't particularly high) and get my account in order. Operative told me they couldn't do that unless i set up a monthly payment for my upcoming payments but only offered a monthly payment nearing £200 p/m. Told them that was completely unrealistic, and told them of my financial situation and that i needed to contact a few grant programmes. Operative told me account would be put on hold until mid april. Called back around mid April to inform them that i was awaiting a decision from the grant programme, and the operative told me account would be on hold up until the beginning of may. Got an email at the end of April from SP telling me they have registered a default against me. I called them up next day asking why this was done when my account was on hold and I was in contact with them (had just entered new meter reading two weeks prior as well) and the operative told me they would pass the issue to a manager to get this resolved. I asked how long that would take, they said about a week and they had put my account on hold again for 30 days. I called back at the end of the week and the operative told me that the previous operative was wrong, and they shouldn't have given me that time frame. Said it would take about 10 working days. Called back about toward the end of May as i had heard nothing and was told i would get a call the next day as the team who would deal with the issue closed at 5. No call the next day. I called that evening and said they'd call me on bank holiday. They called yesterday (wasn't a manager) and was told my account was passed on to a debt collection team even though it was supposed to be hold AGAIN. Started complaining to the operative who told me they'll recall my account from the agency, and sort out the default too. Said i would get another call back the next day after this has been done to set up a payment plan. So I get a call back today (not the same person as yesterday), who tells me the account was back with SP, but the can only sort out the default once it was paid in full. Told them this was now ridiculous, and was going to go the the ombudsman as I still hadn't even spoke to a manager a month later. Operative told me they would now open a complaint. I say all of this because I want to know what my options are regarding the default on my credit file and if there are any salient points i can make in my complaint? They've really messed me around for 2 months and this default has put me in a very precarious position. Any advice would be really appreciated. Thanks!
  2. One can only hope! Will be back next week with an update either way
  3. Thanks Andy let's just hope I get a sympathetic judge
  4. Alight, so i'll get this to the court shortly. Does it matter/work in ym favour that they said they bought it off WDA directly even though i'll be providing proof they didn't?
  5. Okay so this is my updated Witness Statement: ********************************************** 1. The Defendant received the claim from the Northampton County Court June 2017. 2. This claim appears to be for a Loan agreement regulated under the Consumer Credit Act 1974. 3. The Defendant denies the the debt from WageDay Advance Ltd (WDA) as described by the Claimant’s Solicitor in their Witness Statement paragraphs 4-9 as the balances outlined do not correlate with emails sent from WageDay Advance regarding the Defendant’s outstanding balance (pages 1-5). 4. The Claimant states in paragraph 4 that they purchased the debt directly from WDA however the Defendant received an email on July 2012 from WDA stating that the account had been passed on to another company by the name of Debt & Revenue Services (pages 6-7). 5. On July 2017 the Defendant sent a CPR 31.14 request (page 8-9) to the Claimant’s Solicitors Moriarty Law and requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment and the Defendant received the information requested on November 2017 via email. 6. The Claimant’s statement of case mentions that the account was assigned from WageDay Advance Ltd to MotorMile Finance UK Ltd (MMF) on January 3rd 2014 the Defendant received no notice of this assignment. 7. It is denied that WDA served any Default notice on the Defendant pursuant to s77 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. 8. The Notice of Assignment sent from the Claimant dated January 2014 (page 10) does not include the Defendant’s address to which this document was allegedly sent and the defendant vehemently denies receiving the Notice of Assignment contrary to the claim made by the Claimant’s Solicitor in their Witness Statement. 9. For the assignment of a debt to be effective and so giving the Claimant a right of action a valid notice of assignment must have been sufficiently served on the Defendant pursuant to s 196(4) LPA 1925 before court action is commenced and this is not something the Claimant has proven. 10. The Defendant denies owning WDA £4** as suggested by the Claimant as the Defendant has included evidence (pages 1-5) that shows that the balance given to Defendant directly from WDA was a different and lower amount. The Defendant contests that the Claimant purchased the debt directly from WageDay Advance as the Defendant received an email from WDA stating that the outstanding balance was passed to Debt Revenue Services (pages 6-7). If there was any change to this arrangement the Defendant was not provided with any evidence from any of the aforementioned parties. The Defendant was not provided by the Claimant with a correct Notice of Assignment as the Defendant received no written notice as is their duty and the Claimant has not provided evidence to the contrary. 11. It is for these reasons that the Defendant denies that the Claimant is entitled to the relief as claimed or at all. ****************************************************** Is this better?
  6. okay i'll add a couple more paragraphs shortly. What I'm trying to emphasise is that i never even got the notice of assignment so mmf can't even chase more for the debt as they didn't follow that procedure. I'll try and make that a little clearer I've attached the emails from WDA and the statement of account that MMF have submitted. As you can see the amounts are different, can i use that discrepancy? Also I've just found an email saying that they sold the debt to debt revenue services in 2012, can i use that too? Thanks! Screen Shot 2018-01-19 at 13.26.58 (dragged).pdf
  7. I believe I made a payment to WDA in 2011 but never anything after that and I've never made anytime to payment to MMF. The figures they have laid out in their defence aren't the same as what i found on a few emails from WDA back in 2011 so thats why i'm denying what they're suggesting. Should i add the WDA emails i have as evidence?
  8. I know Andy said it'll be tomorrow morning (today) to get a response, but i thought i may as well get my WS up now. There are a couple of paragraphs i'm not sure i need, but i think i've got everything down that i need. ********************************************** 1. The Defendant received the claim from the Northampton County Court on June 2017. 2. This claim appears to be for a Loan agreement regulated under the Consumer Credit Act 1974. 3. The Defendant denies the the debt from WageDay Advance Ltd as described by the Claimant’s Solicitor in paragraphs 4-9. 4. On July 2017 the Defendant sent a CPR 31.14 request (page 1-2) to the Claimant’s Solicitors Moriarty Law and requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment and the Defendant received the information requested on November 2017 via email. 5. The Claimants statement of case states that the account was assigned from WageDay Advance Ltd to MotorMile Finance UK Ltd on 2014. The Defendant does not recall receiving notice of this assignment. 6. It is denied that WageDay Advance Ltd served any Default notice on the Defendant pursuant to s77 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. 7. The Notice of Assignment sent from the Claimant dated 2014 (page 3) does not include the Defendant’s address to which this document was allegedly sent and the defendant vehemently denies receiving the Notice of Assignment contrary to the claim made by the Claimant’s Solicitor in paragraph 4. 8. For the assignment of a debt to be effective and so giving the Claimant a right of action a valid notice of assignment must have been sufficiently served on the Defendant pursuant to s 196(4) LPA 1925 before court action is commenced and this is not something the Claimant has proven. 9. It is denied that the Claimant is entitled to the relief as claimed or at all. **************************************************** Let me know what you think and thanks again guys! (I know i say that every post but it's true!)
  9. Thanks andy. I'll go to the court and hand it in. i'll get a draft done now and hopefully you guys can have a quick glance and see if it's generally okay. Thanks again.
  10. okay thanks, i was thinking of writing to the judge to apply for a relief from sanction and attaching the WS. So i'll probably do that tomorrow. Probably call the call court in the morning and see what happens. Also should i just use the fact the debt assignment letter isn't dated as my main argument?
  11. To add, i just realised I have missed the 14 day deadline as the hearing is next week. I definitely have a mitigating circumstances but should i even bother at this point or just call it a day? Thanks
  12. Brilliant, thanks DX! That should be everything, just left off a couple of generic cover letters
  13. Okay great. I've attached their WS and the assigned debt letter (again) for reference. Also, does it matter that the solicitors only complied with my 31.14 request about 4 months after i sent it? I'm unsure why they've got my loan amount at 100 at one point the 240 at another? Thanks! 20180117_173255.pdf 20180117_192223.pdf exhibits .pdf
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