HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

[elvis2003]

I am just at the court now awaiting- pretty dawnting . Is it worth me showing the judge the response letter from MR lender . Shall I still write to the ombudsman ?

[jaguarsuk]

I am just at the court now awaiting- pretty dawnting . Is it worth me showing the judge the response letter from MR lender . Shall I still write to the ombudsman ?

You may still complain to the financial ombudsman.

The letter states it's a gesture of goodwill offer and that they dismiss your complaint of irresponsible lending if it's anything like others I have seen. It pretty much is a template they use and I'd hazard a guess they say your credit was good for their target market and score somewhere in the region of 550 at the time give or take 20 points either way?

I think you need to try to make the lack of default notice ( and default terms) be allowed as your first avenue, present that as an argument and see if anyone in the room objects to it being presented.

Court is daunting, but it's not like it is on TV. Greet the Judge good morning when you go in, refer to them as sir, madam or judge. Do not interrupt them, if they say something you don't agree with then let them finish and then counter it as a response.

If things do not go your way try to remain calm and thank them for their time.

Good luck

[elvis2003]

Useful settling advice. Many thanks

[elvis2003]

I attended court today, the judge was quite nice and helpful. He went through some explanations etc and he said he believed that I did not received a notice of assignment and he also said he would also have to believe that it had been sent. He mentioned that I do now I have this information. I mentioned I didn't despuite borrowing off mr lender but that I had submitted an affordability complaint and went into detail re my situation and sprial of lending at the time - I then discussed Mr lenders reply to my affordability complaint which stated I could pay 195 and set up a payment plan, he asked if this is something I am considering and I informed him it was. He has therefore asked me to resolve this with Mr lender and MMF at the fee they have offered and is setting another date for 2 months.

[Diana M]

I attended court today, the judge was quite nice and helpful. He went through some explanations etc and he said he believed that I did not received a notice of assignment and he also said he would also have to believe that it had been sent. He mentioned that I do now I have this information. I mentioned I didn't despuite borrowing off mr lender but that I had submitted an affordability complaint and went into detail re my situation and sprial of lending at the time - I then discussed Mr lenders reply to my affordability complaint which stated I could pay 195 and set up a payment plan, he asked if this is something I am considering and I informed him it was. He has therefore asked me to resolve this with Mr lender and MMF at the fee they have offered and is setting another date for 2 months.

If I've understood the outcome of today's Hearing/Trial correctly, the case/claim has been adjourned (part heard) to be re-listed for the next available date after two months.

You should get a copy of the Order in the post in around seven working days so post up if it doesn't match what you think happened in court today.

From what you say you did the right thing which was to explain the situation in full to the DJ who listened to you.

Ask any questions about the next stage in these legal proceedings.

This may include asking the Claimant to not just Discontinue the claim but consenting to a Dismissal of the claim if Mr Lender recalls the debt from them as suggested in their initial correspondence to you in response to your complaint.

Di

[warwick65]

I am genuinely pleased for you and hope you can get this resolved - please follow up with the action from Mr Lender , don't leave it until the last minute.

It sounds as if you had a 'nice' Judge who understood these things

Only thing I would say is, I think he was giving you a heads up the assignment issue has no legs - you have admitted you now have the NOA and you didn't argue any other points- In other words, if you don't get this sorted you will probably have a CCJ

So in summary

I would, if it were me

Follow up with Mr Lender
Escalate your complaint to the FOS (but still try to get Mr lender to recall the debt)

I do have some reservations about going to the FOS until Mr lender have recalled the debt because you don't want to maybe cause them to change their mind


If these don't work try to get an arrangement and discontinuance from the enemy

[elvis2003]

Thanks a lot both and Everyone else who offered some really good advice.

I am now now in the process of submitting complaints to all previous PDL companies I have had loans with when I was not acting sensible.