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mmf/moriarty law claim form - old wageday PDL

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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.


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

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you never respond no

 

have they submitted their WS yet?


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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.

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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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thread tidied


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

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Brilliant, thanks DX!

 

 

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

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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

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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


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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?

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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


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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.

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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!)

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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 ?


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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?

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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.


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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

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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?

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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.


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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?

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