Jump to content


  • Tweets

  • Posts

    • What does it actually mean when some  one says" for clarity" you mean in your opinion really dont you?   HB Thanks, girl done well.   Acres of text to get through, are you sure I have not come across you before. Your addiction to point scoring is V familiar.   Anyway lets see if there is anything I have not cleared up already.   You say  "'ll just answer this for clarity (not for an argument). This applies to SDs made in a Magistrates' Court in order to set aside aconviction where the defendant was not aware of the proceedings."   So much for clarity. Below is what the section says information; and (b)within 21 days of that date the declaration is served on the [F1designated officer for the court], without prejudice to the validity of the information, the summons and all subsequent proceedings shall be void.   Notice "Shall be void. not set asidIf I am going to just be correcting basic reading i am not goiong tp conti   "When a person comes before a court to make such a Statutory Declaration the court must hear it if it is made within 21 days of the defendant learning of the conviction."   Noope The regulation says the court cannot interfere with the making of a SD,again completely different   Yes if it is, but unless the SD was made within 21 days of the action they are entitled to question it. As they do in the form you reproduced by asking how the defendant knew about the case.                         Said this alreay.   To answer your next paragraph, the court will not accept a lie, if there is one, they will have the option to increase the time however I doubt they would, or do you think they would just extend it? This is the test, of course.   Again you say SET ASSIDE, it isn't, the new case cannot be started if the old one is still pending of course.   Now having demonstrated your lack of knowledge. I shall move on. Your abstinence from posting is appreciated, either way, I will have you on ignore. Nothing personal I just dont think there is anything you can tell me.   One more thing the result does not compete with anything I have actually said, and everything I have said is correct, in relation to the legislation.                
    • Here is the reply from POPLA after I complained to its chief assessor -- completely rubbish!   ---   Your complaint about POPLA   Thank you for your email, which was passed to me by the POPLA team as I am responsible for responding to complaints.   I note from your correspondence that you are unhappy with the decision reached by the assessor in your appeal against Parking Eye.     POPLA is an impartial and independent appeals service and we do not act either for the parking operator or the appellant. It is important to explain that it is not our remit to source evidence and documents from either party in support of their submission and our decisions are based on the evidence received from both parties at the time of the appeal. We cannot consider further evidence after the appeal has been completed.   You have advised that the decision issued to you on 29 October 2019 does not address the crucial points of your rebuttal.   You have reiterated your original grounds of appeal. For clarity, I have addressed each point as follows.   Regarding grace periods.   While section 13 of the British Parking Association Code of Practice stipulates that a minimum grace period should be allowed, the grace period is only applicable in car parks are required. In this car park, the entrance signs states that the site is for permit holders and service vehicles only, as such, a grace period is not applicable in this instance. You would have been aware that you did not have a permit on entering the site and I am satisfied that the assessor is correct in determining that the six minutes that you were on the site was not a reasonable period.   You have advised that there is no evidence of landowner authority and have provided a quote from another POPLA decision.   POPLA deals with appeals on a case by case basis and as such, any external factors such as other similar parking contraventions or appeals have no impact on our decision making.   I have reviewed the assessor’s comments relating to this ground of appeal and also the document provided by the operator and I am satisfied that the assessor has correctly stated that the operator has the relevant authority to issue PCN’s on this site.   You advise that no contract was formed between the driver and the operator.   The assessor has advised that the signage on the site makes the terms and conditions of the car park clear which, after reviewing the images of the signs provided, I agree with. By choosing to remain on the site, you have accepted the terms and conditions of this contract and by remaining on site for six minutes without a permit, the terms and conditions were breached.   After reviewing the assessor’s decision, I am satisfied that the outcome reached is correct As POPLA is a one-stage process, there is no opportunity for you to appeal the decision.   As our involvement in your appeal has now concluded you may wish to pursue matters further. For independent legal advice, please contact Citizens Advice at: www.citizensadvice.org.uk or call 0345 404 05 06 (English) or 0345 404 0505 (Welsh).   In closing, I am sorry that your experience of using our service has not been positive. We have reached the end of our process and my response now concludes our complaints procedure. I trust you will appreciate that there will be no further review of your complaint and it will not be appropriate for us to respond to any further correspondence on this matter.   Yours sincerely Paul Garrity POPLA Complaints Team
    • Thanks for clearing that up Homer.  I was  in the middle of writing what DX100 uk has just said. I notice that no questions have yet been answered from the Stickies posted on either thread. We will need some info in order to  counteract any stpidity by Link to try Court. The PCNs can be produced later under CPR regs. so photos of the car park with the notices at the entrance, around the carpark itself-especially any that are different as well as the T&Cs on the payment meter if there is one would be a help. As would the reason for the ticket. In addition, you could look up the local Council website on planning permissions to see if Link have ever applied for permission to erect NOtices and ANPR cameras within the car park. This would come under Town and Country [Advertisements] Regulations. And if you have any recent PCN remiders from Link that might help a little.
    • OK can we tackle this one by one then please. I will  please need some guidance here as have never filed such form, I'm sorry   DRAFT ORDER (sent through post #72) 01.   Item no. 1 - retain "struck out or heard at re-hearing" or delete the struck out? 02 .  Item no. 4 - should this be included? or how else to write it?     In Witness statement I am saying  I am XXXX XXXX, of MY ADDRESS NO.3 and I am the Defendant in this matter. This my Witness Statement in support of my application dated XX November 2019 to: 1.Set aside the Default Judgement dated 14 August 2019 as I was not properly served at my current address and I am given leave to file a defence, copy of which is attached to the application. 2. Order for the original claim to be dismissed or Set Aside to be re-heard at a new hearing; on the basis that the Defendant has a reasonable defence. 3. Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee and refund of any illegal fees paid by Defendant to Newlyn Debt Collection Ltd pursuant to the Default County Court Judgment of 14th August 2019 and reasonable Defendant’s costs required to set aside the Default Judgment   03. Are points 1-3 to be repeated exactly in the Draft Order?    
    • Thanks dx, I understand.    However what legal recourse is available to get it sorted? I've been offered a great deal with my existing lender
  • Our picks

gat_3

mmf/moriarty law claim form - old wageday PDL

style="text-align:center;"> Please note that this topic has not had any new posts for the last 670 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Wonder if this was just printed by Moriarty as they lost the original?

If it isn't legal, then perhaps they have no Locus Standi to even claim.


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

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Share this post


Link to post
Share on other sites

Thanks guys, appreciate the replies. Should I query the letter now or leave it for my witness statement?

Share this post


Link to post
Share on other sites

you never respond no

 

have they submitted their WS yet?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Hi again to everyone and a belated happy new year!

 

Sthe other side have submitted their WS,

 

can I upload it here (with all private info removed)?

 

They sent the assigned debt letter again with the evidence and it was still just the printed letter with no address.

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

thread tidied


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Brilliant, thanks DX!

 

 

That should be everything, just left off a couple of generic cover letters

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

they are not attending so get something in and attend the court.

 

p'haps andy will point you.

 

because they are not going gives you the advantage if you do


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

Submit your WS tomorrow without fail and email a copy to the claimants sols...no need to ring the court or mention sanctions.

 

Moriarty law never attend any hearings..it costs money...read similar threads there are ones with witness statement already drafted.

 

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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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!)

Share this post


Link to post
Share on other sites

Think you need to expand at 3 why you deny the debt...you referred in your initial post about them already taken the money from your account ?


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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

Attach anything you have in support of your defence as exhibits and mark the same......but as it stands your statement above simply looks like a timetable of events and nothing conclusive as to why you dont owe the debt.


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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

Yes...so basically your defence and witness statement relies on a discrepancy in amounts claimed...you deny that you may owe some amount but not the amount claimed.


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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...