HELP- Moriarty law / Motormile - Mr Lender PDL CCJ

[warwick65]

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

I can find your defence but not your witness statement, can you point me to it ?

Was their intention not to attend based on their DQ? I know at least one firm who frequently put 0 in the witness box but send someone.

Maybe a key point in your defence and I hope you have pleaded it in your WS

Have they ever sent a Default notice ?

Remember, it needs to be sent by post and not by email

[jaguarsuk]

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

This is all I could find regards Tomlin Orders, but there is no mention of cost: https://www.judiciary.gov.uk/wp-cont...3-oct-2016.pdf

Edit: After reading other forums via a quick Google, it seems others who have agreed them have paid a fee and usually it seems the parties split the cost of sealing it 50/50.

<<Edited to remove as not correct>>

(2) A court officer may enter and seal^(GL) an agreed judgment or order if –

(b) none of the parties is a litigant in person;

[elvis2003]

[elvis2003]

[warwick65]

This is all I could find regards Tomlin Orders, but there is no mention of cost: https://www.judiciary.gov.uk/wp-cont...3-oct-2016.pdf

Edit: After reading other forums via a quick Google, it seems others who have agreed them have paid a fee and usually it seems the parties split the cost of sealing it 50/50.

CPR 40.6(2)(b) makes the discussion a mute point elvis2003

My understanding is that a court officer as opposed to a Judge may seal the order if ......
It helps to read the whole rule

Also from reading many threads on here, the claimants nearly always ask the defendant to pay the cost of the Tomlin order

[warwick65]

elvis2003

Is the picture in post 123 your Witness statement?

[jaguarsuk]

My understanding is that a court officer as opposed to a Judge may seal the order if ......

That's correct the document I linked to says:

Note: the Orders mentioned above will be marked:
“Entered and sealed by a Court Officer under CPR rule 40.6(3)”

And CPR 40.6 refers to Court Officer throughout.

[warwick65]

If you read the rest of 40.6 and in particular 40.6(5) you can apply to the court etc etc

But with applications to a court there is a fee


Elvis

lets hope they do not send anyone

I would ask the Judge to rule about the lack of default notice as without that they can not enforce

If you lose, ask the Judge to order a payment that is affordable so be prepared with an I&E even if it is basic.

Just trying to cover all your bases

Please let us know how you get on

[elvis2003]

Even thou Mr lender had written to me to state they would accept 200- will it be worth showing that reply letter I posted earlier in the thread from Mr lender to the court?

[jaguarsuk]

If you read the rest of 40.6 and in particular 40.6(5) you can apply to the court etc etc

Yes, I realised my error after your last post and updated mine accordingly above.

If you lose, ask the Judge to order a payment that is affordable so be prepared with an I&E even if it is basic.

Here is an I&E form: https://assets.publishing.service.go.../mc100-eng.pdf

And lists of what types of things to include: https://www.stepchange.org/debt-info...statement.aspx

[Amethyst]

If looking at the amount repaid ask the judge to read this part of the agreement - it's been admitted in their WS you paid the £105 - it is extremely unclear what or by when further payments should be made. In my view.

C34A10A5-C040-488A-86F5-C72B9E18E14A.png

[jaguarsuk]

If looking at the amount repaid ask the judge to read this part of the agreement - it's been admitted in their WS you paid the £105 - it is extremely unclear what or by when further payments should be made. In my view.

C34A10A5-C040-488A-86F5-C72B9E18E14A.png

That documents says "Such repayments will be made on the same date of the m {obscured} repayment shown above."

Assuming the obscured bit says "month as the" then it would infer that the next payment would have been due 27/10/2013. A judge would probably say it's pretty clear when the next repayment was due.

[Amethyst]

Of how much ? And how is it a 28 day duration agreement if that is the case? How does it get rolled over ? Nowhere does it say about repaying the capital ?

[Amethyst]

Of course any of that should have gone in earlier witness statement and defence but it's something , along with lack of default notice ( and default terms) to bring up if necessary and allowed by the judge.

[jaguarsuk]

Of how much ? And how is it a 28 day duration agreement if that is the case? How does it get rolled over ? Nowhere does it say about repaying the capital ?

You know what I think it is, the figure after "You will pay" should have been £405.00 and they may have made a mistake by inputting £105.

Either that or put in the wrong term of agreement.