Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

[gat_3]

Received a claim? Yes
Issue Date: 28-6-2017
Amount approx: 500.00
Claimant: Motormile Finance
Solicitor: Moriarty Law
Original Credit: Wageday Advance

Particulars of Claim:

Defendant owes the claimant £400 under a regulated loan agreement with Wageday dated 09/2011 which was assigned to the claimant 01/2014 and notice of which was given to the defendant on 01.2014 (debt). Despite formal demand of payment of the debt the defendant has failed to pay and the claimant claims £400and further claims interest thereon pursuant to section 69 of the county court act 1984 limited to one year to the date hereof... "

(it's just the interest and the interest amount stated hereafter)

Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:
I found some old emails originally from Wageday Advance in 2011 and the amount they were claiming then is different from the amount in the Particulars of Claim.

The claim will be 6 years old in just under 2 months.

[charitynjw]

Re: Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

Hi gat_3, welcome to LB

WdA have had some 'bad press' in recent years concerning (among other things) dodgy charges applied, account management, etc.
I believe both the Financial Ombudsman & the FCA are fully aware of the historic transgressions.
If it were me I'd SAR WdA to find out exactly how the alleged amount is calculated.
But keep an eye on the deadline for submitting your defence (33 days from the court claim issue date).

[warwick65]

Re: Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

I had an old WDA loan that had been rolled over so many times it was untrue. It is from about the same time as yours and although it was sold to MMF , when MMF were even worse than they are now- it was eventually passed back to WDA


Had you rolled over or was it a once only loan?
[MENTION=48934]Debt Camel[/MENTION]

[gat_3]

Re: Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

Hi gat_3, welcome to LB

WdA have had some 'bad press' in recent years concerning (among other things) dodgy charges applied, account management, etc.
I believe both the Financial Ombudsman & the FCA are fully aware of the historic transgressions.
If it were me I'd SAR WdA to find out exactly how the alleged amount is calculated.
But keep an eye on the deadline for submitting your defence (33 days from the court claim issue date).

Hi, and thank you!

Okay, I'll contact them directly and see what they say.

Just received a letter today from Moriarty Law saying that they have "...been instructed by our client company to enter a Judgement against you 14 day from the date of this letter."

They go on to offer payment plan options.

@warwick65 I rolled it over once, came to about £350 altogether.

[charitynjw]

Re: Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

Just received a letter today from Moriarty Law saying that they have "...been instructed by our client company to enter a Judgement against you 14 day from the date of this letter."

I wonder who appointed them Judge, Jury & Executioner?

[warwick65]

Re: Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

As long as you acknowledge the claim and enter a defence within the time limits they can stick their automatic judgement where the sun don't shine

[charitynjw]

Re: Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

As long as you acknowledge the claim and enter a defence within the time limits they can stick their automatic judgement where the sun don't shine

Manchester?

[warwick65]

Re: Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

Manchester?

Cheeky bugger. More like Leeds

[gat_3]

Re: Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

Thanks everyone, I'll enter the defence this week, but I'm not sure where I should start with my defence (I know that sounds super stupid). Are there any threads I should look at or anything like that?

Sorry, I know this seems ridiculous but I'm really clueless here.

[Kati]

Re: Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

EXAMPLE DEFENCE

[gat_3]

Re: Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

Thank you Kati!

[gat_3]

Re: Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

Just to add some more info, I am looking at the loan amount they mention in the Particulars of the Claim and I am wondering if I should work the apparent discrepancy into my defence?

I have found an old email from Wageday that includes the original loan agreement on the date mentioned in the Claim and the amount in the email I have is lower than the amount they stated in the claim.
The loan was a re-up on another loan with Wageday, and even if I added the amount of the first loan with the second, the amount stated in the claim is still wrong.

I also don't think the claimant sent me a Notice of Default sums every year as I moved quite a lot over the years.

Should I mention these in my defence?

Thanks

[warwick65]

Re: Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

Hi you can indeed mention ion your defence that you expect the claimant to be able to quantify the amount of the claim.

I am not sure how the sums in arrears would work but I wonder if they sent them to the address they had on file and can demonstrate that, would it be sufficient - I don't know. Its just an added complication of moving around a lot I guess

[gat_3]

Re: Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

Hi you can indeed mention ion your defence that you expect the claimant to be able to quantify the amount of the claim.

I am not sure how the sums in arrears would work but I wonder if they sent them to the address they had on file and can demonstrate that, would it be sufficient - I don't know. Its just an added complication of moving around a lot I guess

Excellent! I'll do that.

I'm looking at the loan agreement (again) and I took out the loan 08/2011 then requested a higher amount 09/2011. I'm wondering, am I correct in thinking that the loan term should be counted from 08/2011 not 09/2011? On the 09/2011 agreement, wageday states "you have successfully applied for a new loan drawdown under your running agreement number xxxxxx"

I ask because it's just another discrepancy I can use at some point, and that I believe statute barred would be applicable next month instead of 2 months.

Thanks for all the help

[Guest]

Re: Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

Hi, and thank you!

Okay, I'll contact them directly and see what they say.

Just received a letter today from Moriarty Law saying that they have "...been instructed by our client company to enter a Judgement against you 14 day from the date of this letter."

They go on to offer payment plan options.

@warwick65 I rolled it over once, came to about £350 altogether.

Is this Judgemet claim part of the battle to get default judgement?