Court Claim - Motormile / Northway Broker (I don't know who they are) - 14-8-2017

**warwick65** · 17th August 2017, 12:02:PM

Re: Court Claim - Motormile / Northway Broker (I don't know who they are) - 14-8-201

Hi

Northway traded I think as pounds til payday

Can you type up the particulars of claim

You need to get a CCA request off asap to motormile http://legalbeagles.info/library/gui...etter-example/

Equally you need to acknowledge the claim online with your intention to defend all - this gives you extra time to get a defence together
[MENTION=48934]Debt Camel[/MENTION] maybe able to offer some help

**Smc1973** · 17th August 2017, 12:37:PM

Re: Court Claim - Motormile / Northway Broker (I don't know who they are) - 14-8-201

Hi the claims particulars are:

The defendant owes the claimant £968.86 under a regulated loan agteeement with northwest briker ltd dated 8/9/11 and which was assigned to the claimant on 1/5/14 and notice was given to the defendant on 1/5/14. (Debt). Despite formal demand for payment of the debt the defendant has failed to pay and claimant claims £968.96 and further claims interest there in pursuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate 3.21% per annum amounting to £31.13.

**Smc1973** · 17th August 2017, 12:46:PM

Re: Court Claim - Motormile / Northway Broker (I don't know who they are) - 14-8-201

Also... should I ask them to prove the claim also as this is an old debt I'm not sure if it is mine I don't want to admit any liability if there is a potential that it would be statute barred? The dates don't correspond with the amounts on my credit file. I wonder if it may be quick quod but again unsure. I did make a complaint to QQ last year stating that they didn't follow correct procedure etc.. and furthermore when I advised of my health difficulties (I was diagnosed with bipolar) they continued to pursue the debt and rolled over loans rather than work out a plan. I don't know if this is the same debt. I wasn't pursued for that debt and as far as I can recall I'm not aware of motormile.

i received a letter from moriarity law yesterday stating they had submitted a claim to the county court and I could still stip this and today received the claim from the court.

i don't know what to do I want to avoid a CCJ at all costs as I have worked hard over the past 6 years to rebuild my life after debt and illness and this will just set it all back. I don't have the money to repay in full.

**Smc1973** · 17th August 2017, 12:53:PM

Re: Court Claim - Motormile / Northway Broker (I don't know who they are) - 14-8-201

Also... should I ask them to prove the claim also as this is an old debt I'm not sure if it is mine I don't want to admit any liability if there is a potential that it would be statute barred? The dates don't correspond with the amounts on my credit file. I wonder if it may be quick quod but again unsure. I did make a complaint to QQ last year stating that they didn't follow correct procedure etc.. and furthermore when I advised of my health difficulties (I was diagnosed with bipolar) they continued to pursue the debt and rolled over loans rather than work out a plan. I don't know if this is the same debt. I wasn't pursued for that debt and as far as I can recall I'm not aware of motormile.

i received a letter from moriarity law yesterday stating they had submitted a claim to the county court and I could still stip this and today received the claim from the court.

i don't know what to do I want to avoid a CCJ at all costs as I have worked hard over the past 6 years to rebuild my life after debt and illness and this will just set it all back. I don't have the money to repay in full.

**warwick65** · 17th August 2017, 13:17:PM

Re: Court Claim - Motormile / Northway Broker (I don't know who they are) - 14-8-201

Hi
Lets do this correctly to start with

http://legalbeagles.info/library/gui...y-court-claim/

Then send a CCA request to Motormile

Then send a CPR31.14 request to Moriarty law asking for
1) the agreement
2) the notice of assignment
3) the Deed of assignment between Northway and Motormile

I am almost certain it will not be QQ as they are casheuronet and I am almost sure Northway are PTP .
I have had many a payday loan - if I listed the companies it would make your hair stand on end

Doing the above will not acknowledge the debt but in any event once a court claim is issued the limitations 'clock' stops

Remember, if it looks as if your case is not going well you can always negotiate a settlement when it gets to mediation but under no circumstances just write to them offering a settlement - come back here and ask first . A settlement would avoid a CCJ

**Smc1973** · 17th August 2017, 13:27:PM

Re: Court Claim - Motormile / Northway Broker (I don't know who they are) - 14-8-201

Thankyou. I will get on with this tonight.

I am going to get all my paperwork out and see if I can workout where this is from - I too had many many payday loans around this time and it became a massive problem I suffered a breakdown tried to take my own life and was diagnosed with bipolar disorder. I have worked very hard to get back on my feet im not there yet but I am much better than I was. I did explain my difficulties to all creditors and provided medical evidence but on the whole the payday lenders ignored this but did not pursue me further. They have then sold on debts left right and sideways and I have no idea what is what anymore.

**Smc1973** · 17th August 2017, 14:55:PM

Re: Court Claim - Motormile / Northway Broker (I don't know who they are) - 14-8-201

Just looked at my credit file again and whilst the amounts are wrong the dates of default seem to match with their court claim. This is just listed as motormile and I have no idea no paperwork. In which case I wouldn't have contacted them about my illness. This is a month before it would be statute barred. I successfully obtained redress for many of the payday loans and I think this may be swift sterling - motormile are acting for a number of lenders whom I have had dealings with but swift sterling have NEVER contacted me and nor has MM about this particular debt (to my knowledge).

**Debt Camel** · 17th August 2017, 16:32:PM

Re: Court Claim - Motormile / Northway Broker (I don't know who they are) - 14-8-201

Northway owned 2 payday lender brands, Swift Sterling or Pounds Till Payday.

MMF have bought a lot of Northway's debts.

This debt is NOT statute barred.

You can (and should) ask for a CCA agreement but MMF normally manages to produce these for these debts in the cases I have seen

If you had previous loans with Swift Sterling or PTP you should consider putting in an affordability complaint to Northway about these - see https://debtcamel.co.uk/swift-sterli...s-till-payday/. This may eventually get you some money to help repay this MMF debt.

If a complaint had been put in before court action was started it would probably have prevented the court action but now that is a lot harder.

Read https://debtcamel.co.uk/court-payday-loan-debt/.

**Smc1973** · 17th August 2017, 16:44:PM

Re: Court Claim - Motormile / Northway Broker (I don't know who they are) - 14-8-201

Thankyou.

Ok so in 2013 I wrote to all payday loan lenders appearing in my credit file and complained. Swift sterling we'd not in my file but motormile is. I wrote advising of my mental health issues and provided evidence - I asked motormile at the time to provide a breakdown of debts as I did not know what they were (I didn't ever acknowledge these debts). They did not respond (to my knowledge).

is there any way of avoiding a CCJ without repaying in full (cannot do that). I am following the steps as advised previously.

one thing I have noticed is that according to my credit file the default was registered exactly one month after the account start date? Is this allowed? For a payday loan? Can I base my defence on this?

Thanks in afvance

**warwick65** · 17th August 2017, 17:10:PM

Re: Court Claim - Motormile / Northway Broker (I don't know who they are) - 14-8-201

Back in 2013 MMF were not the nicest of people and did not follow the rules or answer letters- I know, I personally had one PDL written off after the FOS and ICO upheld my complaints and another one returned to the original creditor.

Do you have any evidence of the letters you wrote back to MMF back in 2013? You have already said their particulars of claim say it wasn't assigned to MMF until 2014 so they shouldn't have been reporting this debt on your credit file in 2013. If you can show they were reporting the debt , you would have a case of challenging their claim

Normally I would have suggested sending a SAR to Northway but as these are not a UK company I do not think it will be worthwhile [MENTION=48934]Debt Camel[/MENTION] ?

The problem is that defaults on your credit file are different to S87(1) Default notices and in theory if you took out a loan for a month it would be in default 1 month later . BUT according to the ICO you should be given notice of registering a default
[MENTION=87380]Diana M[/MENTION] any ideas?

**Smc1973** · 17th August 2017, 17:27:PM

Re: Court Claim - Motormile / Northway Broker (I don't know who they are) - 14-8-201

I suspect that this was swift sterling and it had been passed to others before MMF got hold of it... in which case I'm sure I have copied of letters sent to them advising of my situation or requesting details of the debt in order to complain I did this in 2013 and again in 2015.

It's hard to know who the lender is because that was back in 2013 and it would be whether it appeared on my file then. The current entry is MMF and until I get copies of credit agreements etc I don't know for sure whose debt this was originally. I def don't have any paperwork from swift sterling or MMF about this debt (they were dealing with some other pay day loans for other lenders which have since been redressed) and all paperwork I have from MMF related to those other debts.

**Debt Camel** · 17th August 2017, 17:27:PM

Re: Court Claim - Motormile / Northway Broker (I don't know who they are) - 14-8-201

so in 2013 I wrote to all payday loan lenders appearing in my credit file and complained. Swift sterling we'd not in my file but motormile is. I wrote advising of my mental health issues and provided evidence - I asked motormile at the time to provide a breakdown of debts as I did not know what they were (I didn't ever acknowledge these debts). They did not respond (to my knowledge).]

Did you send letters or emails? do you have copies of these? evidence of posting if it was a letter?

It may be worth sending MMF a Subject Access Request to see what that turns up, see https://ico.org.uk/for-the-public/personal-information/

one thing I have noticed is that according to my credit file the default was registered exactly one month after the account start date? Is this allowed? For a payday loan? Can I base my defence on this?

What is on your credit record is irrelevant for the court case. That default date is clearly too early, but it's not in your interest to challenge it and get it changed to later!

You should, however, have received a letter saying "Default notice served under section 87(1) Consumer Credit Act 1974" - did you? HAve you received any other correspondence from MMF or ML in the last year?

**Smc1973** · 17th August 2017, 17:34:PM

Re: Court Claim - Motormile / Northway Broker (I don't know who they are) - 14-8-201

Def no noticed either default or assignment - . I received a letter yesterday saying they were applying to court but this could still be avoided if I contacted them within 14 days and this morning received the actual claim. So much for 14 days!!!

MMF have contacted me about other debts over the past year but not this one.

I have copies of all letters sent but not proof of posting :-(

**Debt Camel** · 17th August 2017, 20:13:PM

Re: Court Claim - Motormile / Northway Broker (I don't know who they are) - 14-8-201

@Diana M [MENTION=6]Amethyst[/MENTION] @pt2537 any ideas? ignoring the payday loan affordability aspect?

Court Claim - Motormile / Northway Broker (I don't know who they are) - 14-8-2017