MMF/Moriarty claimform - old Mr lender PDL***Claim Dismissed***

[dave466]

Nothing at the moment Andy.

Mine needs to be in by 20th March.

Was just trying to be a bit more prepared so I could send off last minute if I did not get anything from them.

Regards.

[AndyOrch]

Then you cant use ....."1. It is my understanding that the claimant must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act."

 

Because they have not sent you theirs:-)

[dave466]

Ah right I get you.

 

remove point 1 as it stands until/if I get a ws from them?

 

Also do I put anything wot h regards to not complying with PAP?

Regards.

[AndyOrch]

Ah right I get you.

 

So basically remove point 1 as it stands until/if I get a ws from them? Yes...assuming that they state they rely on hearsay evidence.

Also do I put anything wot h regards to not complying with PAP? Did you state same within your defence ?

Regards.

 

Andy

[dave466]

Yes PAP was mentioned in my defence mate.

How does this sound providing I do not receive a ws from them?

 

Claim No. XXXX

 

BETWEEN:

Motormile Finance UK Ltd (MMF)

Protection House

83 Bradford Road

Leeds

LS28 6AT

 

AND

 

Defendant

XXXX

XXXX

XXXX

 

_________________________________________

 

WITNESS STATEMENT OF XXXX

_________________________________________

 

 

 

I XXXX, being the Defendant in this case will state as follows;

 

I make this Witness Statement in support of my defence dated 01 January 2018 and in response to the claimants claim dated 29 November 2017 which was submitted through*county court*bulk centre.

 

1. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. The claimant then issues on mass claims to circumvent and claim the full amount of debt to maximise profit.

 

2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

3.Background

 

Save insofar of any admittance it is accepted that a contractual relationship did once exist between myself and provident. On receipt of this claim I could not recall the precise details of the agreement or any debt and sought clarity from the claimant.*

 

I requested:-

 

A copy of the original agreement

A copy of the terms and conditions as applicable at the time of the agreement

A copy of the Default Notice/ termination notice

A copy of the legal deed/notice of assignment showing the claimants legal right to take action

 

4.Disclosures

 

The claimant has since complied and disclosed various documents however unable to comply with disclosing:

A copy of the statement of the account showing how the defendant has reached the amount claimed for,

A copy of the default notice/termination notice,

A copy of the legal deed/notice of assignment showing the claimants legal right to take action.

 

5. Conclusion

 

The claimant has so far failed to comply with my request.

I can only assume as this was due to the claimant not having any of the above mentioned documentation and issuing a claim in hope of an undefended default judgment.

 

Please also not that the Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) and Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC

 

Statement of Truth

 

I, XXXX, the Defendant, believe the facts stated within this Witness Statement to be true.

 

Signed: XXXX

 

Dated: 11th March 2018

[AndyOrch]

Yes thats all you can really state without sight of the claimants WS...file as late as you can..serve the claimants copy a few days after the 20th

[dave466]

Thanks mate will keep you updated.

[dave466]

Still nothing Andy.

Should I go ahead and get the above printed and handed into the courts tomorrow morning?

Regards.

[AndyOrch]

[dave466]

Ws hand delivered into court.

 

Will post ws to sols later this evening.

[dave466]

Ive just got back from delivering the ws to find a ws from mariorty through the post.

Struggling attaching again says I don't have permission.

 

I have user office lens edited all details out etc just can't upload their ws for yous

 

Finally. Their WS attached.

claimants ws.pdf

[jon8214]

as a quick one there is no NOA from Mr Lender to MMF only MMF's acknowledgement

[dave466]

Yes also no default notice

[dx100uk]

I've merged the PDF's and reduced the size from 30mb to 6 for easy fast loading

[dave466]

Thanks dx

[dave466]

Well I have now got a court date of 29th May.

I will check with the court 14 days before to make sure they have paid and then I will post up here again.

Thanks.

[dave466]

I have just rang the court and they have received the fee.

They will not be attending the hearing.

[dx100uk]

easy win for you then!!

[dave466]

Yes hopefully dx.

 

So am i correct in thinking no default notice and no notice of allocation will be my defence at court?

Oh and also that they have not complied with PAP?

[dx100uk]

what you said in your ws

[AndyOrch]

https://www.consumeractiongroup.co.uk/forum/showthread.php?481255-MMF-Moriarty-Claimform-Peachy-PDL-debt***Claim-Dismissed***/page5

[dave466]

Thanks Andy missed this.

I will have a read up on it tomorrow and over the weekend I will write a post as to what my arguments against are (obviously ws states but they provided some not all docs) for yous to let me know if I am on the right tracks.

Regards.

 

Yeah will pick out what exactly they have failed to comply with in my ws.

[AndyOrch]

And another.......from yesterday

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?465360-Capquest-Drydens-stayed-Claim-halifax-Card-***Claim-Dismissed***/page4

[dave466]

Ready for court tomorrow.

Am I correct in thinking.

 

They have not sent me a copy of the default/termination notice therefore it is seen as a breach has not occurred.

 

They have failed to send proof of noa as the what tgey are claiming to be the noa is just a letter from mmf themselves stating that they acknowledge the notice of assignment?

 

Regards.

 

 

[AndyOrch]

Concentrate on the default notice....the NoA is a side issue and not one that can succeed.

 

Its not a case of " therefore it is seen as a breach has not occurred "

 

Read section 87/88

 

https://www.legislation.gov.uk/ukpga/1974/39/section/87

 

Best of luck.

 

Andy