HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

[GBExile]

As they have offered to recall this from MMF - my question is can they do this even though MMF assigned Moriarty Law who have now taken me to court.

Personally I would refer the complaint to the FOS & put the court & Moriarty Law & MMF on notice that you would abide by the FOS final decision.

Draft a consent order to give to MMF to delay court proceedings until the FOS have completed their investigation.

[warwick65]

Hi Elvis

Sorry have been busy

My concern was you might not have submitted one in time. I am glad you did

[elvis2003]

Sorry if I sound a bit stupid, but what would the benifit be from your suggestion if I referr to the FOS - are you saying they would guide me with the right decision.
Also as the court date is the day after tomorrow would the court delay proceedings if it is already scheduled ?

thanks all for your help.

[GBExile]

Sorry if I sound a bit stupid, but what would the benifit be from your suggestion if I referr to the FOS - are you saying they would guide me with the right decision.
Also as the court date is the day after tomorrow would the court delay proceedings if it is already scheduled ?

thanks all for your help.

The benefit to you. If you can achieve it within time & I mean IF.

One. You show the judge that you are being reasonable. Secondly if MMF (Lantern) agree then all court charges on top of the original loan plus interest will be wiped off together with all monies refunded by FOS.

In the consent order ask for a delay in proceedings but you must get in writing from Moriarty Law that this is acceptable,

[warwick65]

Diana M Amethyst can you help?

All this is a bit late in the day.

I think any consent order would cost you so it might be worth calling moriarty law tomorrow but see what Amethyst or Di say

[GBExile]

Diana M Amethyst can you help?

All this is a bit late in the day.

I think any consent order would cost you so it might be worth calling moriarty law tomorrow but see what Amethyst or Di say

Consent orders are free warwick. Its an agreement by both parties. & the original debtor knows that the original 3rd party sold debt is incorrect. IE unenforceable.

Thanks for your input though.

[elvis2003]

How do I draft a consent order - sorry not had a chance to look at this today and I am in court tomorrow

[jaguarsuk]

How do I draft a consent order - sorry not had a chance to look at this today and I am in court tomorrow

The problem with drafting it this late in the day is you really ought to have it reviewed by a Solicitor before sending it to the Claimant to see if they'll settle.

Have you even enquired if they might be agreeable to settlement by consent order?

[elvis2003]

Sorry no I have not enquired about settlement. I am due at court tomorrow any other advice will be helpful, how likely are they to win ?

[jaguarsuk]

I have not seen their particulars of claim, witness statement or supporting evidence. Nor your defence, witness statement and evidence. It is therefore impossible to say the likelihood of you defeating the claim.

Did you complain to the FOS about the affordability of the loan?

On arrival at court tomorrow register with the usher and ask if the other party has arrived, if they’ve not ask the usher if they will let you know once they do as you’d like a chat with them. If they have arrived ask the usher to point them out.

You’ll probably go to a room, tell them you want to propose settlement by consent and present them with terms of settlement e.g as above that you'll abide by the FOS findings.

They May agree, but if they think they have a strong position they may also choose to just go into court seen as they are there already.

In court you could explain you’ve made an affordability complaint to the FOS, that you requested the claimant stay the claim until they report their findings and ask the judge to order that the claim be stayed until such time as the FOS report. And propose the order staying the claim contain the following:

1. Defendant shall avail the Claimant a copy of the FOS report upon them informing of their findings
2. Leave to apply commencing on the date of the FOS report

The chat is supposed to be without prejudice, but you’ll probably get away with mentioning it as Litigant in Person.

if the judge says no, you’ll have to argue the claim and if you lose ask for leave to appeal.

[Diana M]

Sorry no I have not enquired about settlement. I am due at court tomorrow any other advice will be helpful, how likely are they to win ?

You seem to have been given some prescriptive legal advice to draft a Consent Order to settle (no mention of a Tomlin Order) prior to entering the room and/or to ask the DJ for an Order to stay the proceedings pending the outcome of a FOS complaint which you haven't yet made.

I'm just going to wish you the very best of luck tomorrow because without knowing the full facts it would be wrong of me to make any suggestions.

Fingers crossed.

Di

[jaguarsuk]

You seem to have been given some prescriptive legal advice to draft a Consent Order to settle (no mention of a Tomlin Order) prior to entering the room and/or to ask the DJ for an Order to stay the proceedings pending the outcome of a FOS complaint which you haven't yet made.

I'm just going to wish you the very best of luck tomorrow because without knowing the full facts it would be wrong of me to make any suggestions.

Fingers crossed.

Di

How do you know they haven't yet made it, they haven't confirmed they have or heaven't or are you party to information the rest of us aren't?

I’m offering some sort of options, after telling the poster I can’t judge the situation without the full facts.

Don’t ask don’t get regarding asking the claim be stayed! It’s better to try something then stand idly by to be defeated.

Terminology might be loosely being confused, but I’m following the terminology being used from previous posters on the thread as a way to convey the options and have quite clearly stated that attempting to agree with an order (Tomlin or Consent) drafted here and not being given sight of a Solicitor isn’t a good idea.

You’re offering crossed fingers after telling the poster you can’t judge the situation without the full facts. If all that was offered is crossed fingers then the poster isn’t going to win or even limit their losses.

Personally I’d try my luck tomorrow, the poster needs to determine what their best course of action is for themselves though.

[warwick65]

It is really difficult to know what to decide because this thread is a very long one. I can not find the witness statement so do not know what arguments Elvis has pleaded

You never know, maybe no one will turn up tomorrow.

I think it might be too late in the day to get a consent or a Tomlin order - according to google, a Tomlin order is a type of consent order so all Tomlin orders are consent orders but not all consent orders are Tomlin orders

I know GB Exile disagrees with me but if the order is sealed by the court there is usually a cost- well certainly with a Tomlin order . I think it is £100

Amethyst do you know if that is right?

Elvis- good luck for tomorrow, stay calm and stick to the Witness statement- do not volunteer info that may not be helpful to you

Please let us know how you get on

[elvis2003]

I have posted my witness statement but not the other side- I will post first thing in AM and if anyone has time to look and offer advice it would be appriceted - they have indicated that they will not be attending

[jaguarsuk]

I have posted my witness statement but not the other side- I will post first thing in AM and if anyone has time to look and offer advice it would be appriceted - they have indicated that they will not be attending

how exactly have they indicated they’re not attending:

A: a letter to the court and you stating they wish the claim to be heard on the evidence they have put forward?

B: some other way, please elaborate?

Also, did you complain to the Financial Ombudsman Service and when?

If you want last minute help post their Particilars of Claim and Witness Statement, your Defence and Witness Statement. People need to see their allegations and your defence to be able to properly advise.