Motormile v Moo - help with witness statement please

[xxmoomooxx]

Thanks Amethyst, Court directed them to be in by 22.02.2018 tomorrow by 4pm, will hand deliver to the court tomorrow and email across to Moriarty tomorrow at 3.55pm . I guess I am not going to get to see my witness statement before court, which gives them an unfair advantage - I've included a section in my witness statement to say they have sent me someone elses personal details and copied and included them as exhibit xx etc and that in itself should reduce the merit of their paperwork, it was addressed to me, so presume that this is ok! I've reported it to the ICO and will send the original back to Moriaty tomorrow.

[Amethyst]

Ooo now that's a question.... I don't think you can include a copy of other person's WS as an exhibit, as it's personal data...... - WS's are meant to be exchanged ( so neither party sees the other party's statement first if you know what I mean)

Ensure you have got your WS in on time concentrating on your case, the solicitors will have to deal with their cock up, and they will be late submitting their witness statement.

Did they include all documents for the other persons case in the WS ? ( credit agreement, default notice etc ? )

[Amethyst]

do you want to post up your WS btw before you send it to court and claimant?

[xxmoomooxx]

ooh oh dear-it's too late just posted them at the PO on the way home Hope they've sent the wrong one to the court as well, now would be a stroke of luck!! Yes all the documents are there, all the letters, terms and conditions ,statements of account, cca agreement, and notice that they are not attending court... what a cockup!

[Amethyst]

Okay, have you done your notice to court that you're not attending ( if you're still not?)

[Amethyst]

http://legalbeagles.info/forums/foru...vance-at-least

[xxmoomooxx]

No I haven't done it yet, I was going to email it across on Friday morning, I feel that the arrow of measure has moved in my favour today with merit of their paperwork & due diligence that has obviously not been applied - I am actually really peed off that someone else has all of my details if they are in the wrong hands god knows what they could do with the data. I should go & fight this but I don't think I can get time off now too late notice, will ask my boss in the morning, but I don't want to have to disclose why

[xxmoomooxx]

Good evening Amethyst, I Got the day off and i'm going to court - I have emailed the court and told them I haven't got my witness statement from them on time as directed, so hopefully they will do something about it. I actually do not think I will get a witness statement from Moriaty now before the hearing, so how does that work? Can it go ahead without them having issued it ??

thanks
Moo

[Amethyst]

The hearing can go ahead but if you don't receive it before the hearing and they provide it on the day you should be able to ask the court to adjourn to give you time to look at the witness statement and assess any accompanying documents.

[xxmoomooxx]

Thank you

[xxmoomooxx]

Afternoon all,


I just wanted to update on this case. It got adjourned in March due to the snow and I couldn't get there (was surprised they didn't continue without me) but was re-scheduled for today and I attended. Case was dismissed by the Judge (Wahooo) She took a strong line against no default notice being present and the statement from MMF was dated 2013 and was only a snapshot of the loan for 30 days when they allegedly purchased the debt in 2016. She was not sufficiently convinced that there was enough evidence from the OC only the contract and that no default was either mentioned in the POC or present.

Once again thank you for all your help, will be able to sleep better tonight

Moo x

[MIKE770]

well done