Motormile v Moo - help with witness statement please

**xxmoomooxx** · 22nd January 2018, 20:24:PM

Hi All, any advice on this?

Thanks
Xmoox

**xxmoomooxx** · 25th January 2018, 14:38:PM

Amethyst you helped me immensely last year, do you have any thoughts on this please ?

**Amethyst** · 27th January 2018, 07:50:AM

Morning MooMoo xxx Just having a read

Apologies for missing your thread before.

Hmm okay. So your bank statements do not match up with their lists of transactions. Are they not on your statements at all, or they've put say the 15th and your bank has the same amount/payee showing on the 18th ? ( sorry if that sounds obvious ) If so it's likely the discrepancy will be explained by transaction processes. Although, with payday loans isn't part of it that the loan is made 'instantly' so the monies arrive in your bank the same day your application was approved?

Also, as you had so many loans through QQ, were they rollovers/additions to loans or all entirely new loans ? Was one completed and paid off before you could start another ? ( I think you'll have put that info in your affordability complaint?) basically if there was some kind of balance outstanding when you stopped chasing your tail, was it actually from the last loan you had, or had it built up from others ?

The agreement is a online agreement tick box signature isn't it?

Default Notice - yes they should have sent you one to call in the debt once you breached terms/stopped payments - to enable them to call in the entire debt. They don't HAVE to report to the credit reference agency though - the only rule really is that if they do report to the CRA it must be accurate reporting.

Any discrepancies can go into your Witness Statement, and tbh writing your witness statement and analysing everything really helps you figure out if you think you have a strong enough case to go through the next stages, or decide negotiating a settlement might be better.

I really hope you succeed with your affordability complaints, it is quite horrific that the payday lenders got away with lending in such a way - surely anything over 12 pdls in a year someone might have thought that it wasn't particularly affordable, let alone 64. Did you work out for your affordability complaint how much you'd actually borrowed vs how much was paid back over that period ?

Just popping link to example witness statements here for ref >> http://legalbeagles.info/forums/foru...ness-statement

When do they have to pay their hearing fee by ? before the 10th Feb ?

**xxmoomooxx** · 27th January 2018, 20:09:PM

Thanks Amethyst, yes there are some payments but not on the dates they have on their statement( the statement is from motormile not QQ) - 1 thing with this the statement is dated 2013 and before it could have possibly defaulted if it did! (only 29 days after the loan date).... they sent me NOA
in the documents I requested but that's dated 2016 - I find this odd that they can send a statement from 2013 and a NOA from2016.
The payments are 4 days later on all 3 principal sums withdrawn - the amounts are correct just not the dates they on their statement.

As for the affordability I know it's horrendous but thankfully got out of that trap a few years ago, I have all the data and yes borrowed in the region of £6000 and paid over £10000 back. All of them are with the ombudsman as they all say they lent responsibly, apart from Wonga who paid up straight away 3 weeks ago - however the offer wasn't anywhere near what i'd spent on interest but it was too good to refuse and that money will pay this off which will be near on £1000 if I end up with a judgement.

The only thing I have for my witness statement is that the dates don't tie up, i'll provide the bank statements, I've never had a default notice, and they haven't provided one even though I asked for it in the CPR request, they didn't follow the pre-action protocol and the statement is dated 3 years before they were sold/ bought the account ( which correct me if i'm wrong, but without a default they shouldn't have been able to do)

Although I can see payments in/out all over the place, I've no idea if that is roll overs or new loans etc, it's 5 years ago

Question about the judgement - i'm not going to attend court this time , I did it last year against Lowell and although I won, it wasn't a pleasurable experience, and not going to waste a days holiday as i'm sure it will go in their favour regardless - i'll just wait for the paperwork and i'll pay it off straight away - so am I correct in thinking that this will then not appear on the judgement register if I pay the £15 to the court and prove it is paid within 30 days ? And if it was on another credit file which I don't pay for ie Experian or call credit -( i'm only signed up to noddle) then would it show as settled or satisfied ? I'm sure by the time the ombudsman have gone through the QQ loans i'll recoup the money

They have to pay the hearing fee this week. I'll check with the court on Monday.

I suppose there is still time to pay it off with them directly and save myself a few quid but I didn't expect to win against Lowell last year and the judge hated them and I won - as stubborn as I am I'll provide the witness statement and wait for the court to decide, they weren't open to negotiation at the mediation they wanted £650 for a £700 debt . I'm balancing the probability of 75/25 in their favour so was only prepared to go to £500. Lets hope they pay the hearing fee and they lose

Thanks Moo x

**Amethyst** · 28th January 2018, 11:48:AM

You've got your head screwed on right

If you do get a judgment against you and pay the full amount of the judgment within 28 days then the entry would not appear on your file ( and you shouldn't need a certificate of satisfaction ) When you do pay the claimant write to the court at the same time with the evidence of the payment, as back up in case the claimant doesn't inform the court of the payment.

With regard to the default on your credit file it should be updated to show the debt as settled on the next reporting date after it's paid.

**xxmoomooxx** · 28th January 2018, 16:27:PM

For credit file purposes which i'm working hard to improve, ( if it's on Experian, calk credit) & paying it off at the judgement stage which I will do - (i'm not having a ccj for 6 years on my file) will be better than having an unpaid default on my file until nearly 2020 - so even though it may be on there, it will show as settled and that's better than not paying it at all, my file has been wrecked since 2012 so they are actually doing me a favour

Thankfully there are no more lurking that I know of, and in 3 months time the only 3 defaults I have will fall off, and loads of the closed pdl loans disappear this year too!! I may well be able to get a mortgage in 2020.

i'll let you know how I get on - thanks for the help x

**Amethyst** · 28th January 2018, 16:55:PM

This shouldn't be on your credit file at all, so argue that first ! otherwise having it marked as settled is better than an 'open' default. I think my mortgage lender said they'd reconsider 2 years after everything was marked settled and no further lates or defaults.

**xxmoomooxx** · 31st January 2018, 19:56:PM

Just started on the witness statement today and something else came up when I was reading through CPR rules, they have only put regulated loan agreement & DEBT in the POC they haven't mentioned anything about which regulations the agreement was regulated by - if they want to enforce judgement through regulations should they not quote this in the POC ?

**xxmoomooxx** · 20th February 2018, 20:38:PM

Quick question please, court is next Friday and I'm definitely not attending, I haven't got the strength this time - do I have to tell them I'm not going or it is ok to just not show up ?

**Amethyst** · 21st February 2018, 09:23:AM

Yes you need to tell them - seven days before.
Non-attendance of parties at a final hearing

27.9
(1) If a party who does not attend a final hearing–
(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;
(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and
(c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,
the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.
(2) If a claimant does not –
(a) attend the hearing; and
(b) give the notice referred to in paragraph (1),
the court may strike out^(GL) the claim.
(3) If –
(a) a defendant does not –
(i) attend the hearing; or
(ii) give the notice referred to in paragraph (1); and
(b) the claimant either –
(i) does attend the hearing; or
(ii) gives the notice referred to in paragraph (1),
the court may decide the claim on the basis of the evidence of the claimant alone.
(4) If neither party attends or gives the notice referred to in paragraph (1), the court may strike out the claim and any defence and counterclaim.

**xxmoomooxx** · 21st February 2018, 13:22:PM

thanks@amethyst. I have just got home on my lunch and now have their witness statement....... wait for it.... it's not mine

they have sent me all the personal details for another case in another court for another person, what should I do ????..... Think I might have to include this in my witness statement..

**xxmoomooxx** · 21st February 2018, 13:27:PM

and more to the point someone else now has all my personal details..... what can I do here please ??

**xxmoomooxx** · 21st February 2018, 15:41:PM

Have put a complaint into the ICO, but should I make Moriaity law aware of their error ?

**Amethyst** · 21st February 2018, 15:57:PM

Hiya, Just thinking that if your hearing is next Friday these witness statements are a bit late? normally it's due 14 days before if not by a certain date?

Yes you've done the right thing reporting it to the ICO. You should return that Witness Statement to them with a cover note to say it has been sent to you in error and you are extremely concerned they have sent your personal information to someone else.

Motormile v Moo - help with witness statement please