** Lost ** Moriarty Law/MMF v lb1989

[lb1989]

Sorry I also wonder - should I accept the second offer of Mediation?

[Amethyst]

Yes give each exhibit a different letter, you can put a kind of contents page at the bottom of the witness statement too to make life easier.

Entirely up to you about mediation - it hugely depends if you feel you have enough information and agree with the actual debt as to whether you want to make any settlement offer to get it sorted before the court hearing.

Did you manage to get your bank statement from that account to show if the £200 ( or £183 ) was paid in?

[lb1989]

Thanks Amethyst - I’ve accepted the offer of mediation, my thought process is that it’s confidential anyway and I’ll lilely just go in with a low ball offer.

Re the bank statement, I’d completely forgotten it’s been that long! A quick google search tells me it’s free of charge for a transaction list up to 5 years ago which is cutting it fine but still valid. Will send that letter today and they have a 7-day turnaround on them!

[lb1989]

Quick question - how soon after the deadline for paying the hearing fee, am I able to find out if they paid it or not?

[Amethyst]

Really if the deadline has passed it should show on the court system if the hearing fee has been paid immediately - however considering the courts run on a bit of a backlog I'd likely give it a few days first - when are your witness statements due to be exchanged ?

[lb1989]

Witness statements are due in a week, I have a shell put together, just need to set aside some time tomorrow to get it as close to finished as I can!

[lb1989]

Okay so hearing fee deadline was 4pm today. Spoke to the court and they haven’t received any payment yet. They did explain that post received today may not have been processed yet and so would still be “on time” if it’s opened tomorrow. I’ll give them another call tomorrow afternoon and double check. I wonder how likely is it that companies like Moriarty still send cheque payment via post or would they just phone and pay by card?

[GBExile]

Okay so hearing fee deadline was 4pm today. Spoke to the court and they haven’t received any payment yet. They did explain that post received today may not have been processed yet and so would still be “on time” if it’s opened tomorrow. I’ll give them another call tomorrow afternoon and double check. I wonder how likely is it that companies like Moriarty still send cheque payment via post or would they just phone and pay by card?

Just write to the court today asking for a strike for non payment of a hearing fee. If they havent been paid by the time they process your letter you will get your strike.

[lb1989]

May have got ahead of myself a little. Despite the court confirming a second time they hadn't received payment, I've received the witness statement today from Moriarty. Can only assume the court was massively behind on its systems. Moriarty have said they will not be attending the hearing either!

[Amethyst]

They never do.

Anything interesting in their witness statement ?

How you getting on with your witness statement ?

[lb1989]

They never do.

Anything interesting in their witness statement ?

How you getting on with your witness statement ?

Nothing too interesting in their WS - I'll have a proper read through, but the documents in the pack are all ones I've seen before.

This is my WS so far:

I, XXX, being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.
2. On or about XX^th March 2018 I made a written request to the Claimants solicitors, Moriarty Law of 15 Old Bailey, London, EC4M 7EF requesting that the Claimant provide copies of all documents mentioned in the statement of case. [EXHIBIT A]
3. On or about XX^h March 2018 I made a written request to the Claimants, Motormile Finance UK Ltd of Protection House, 83 Bradford Road, Leeds, LS28 6AT; requesting that they provide a copy of my credit agreement as entitled under the Consumer Credit Act 1974 (Sections 77−79). [EXHIBIT B]
4. On or about XX^rd March 2018 I received a letter from ‘Lantern’ acknowledging my request and sending Copy agreement information [EXHIBIT C]. To my knowledge, I have received no notification of who ‘Lantern’ are, and the Claimant in this case is Motormile Finance UK.
5. The Claimants Particulars of Claim state that a sum of £350.00 is owed under a regulated loan agreement dated XX/10/2013. [EXHIBIT D]
6. The loan agreement sent by the Claimant is dated XX/10/2013, not XX/10/2013 as stated in the Particulars of Claim. [EXHIBIT E]
7. The Statement of Account sent by the Claimant shows a starting balance owed of £5XX.XX, and an adjustment dated 13/03/2015 for -£2XX.XX. No explanation has been given to how the starting balance was calculated, or a reason for the adjustment. The letter also states that the opening balance was £350.00 [EXHIBIT F]
8. It is my belief that the Claimant is unsure of the details of the loan and is therefore unable to pursue the case with any validity; as there is nothing to justify the balance stated.
9. The contents of my statement are true to the best of my knowledge and belief

Need to get this finished tonight/tomorrow morning and then send to ML and the court - deadline is Monday. I'm going to email a copy to the court as well, when I spoke to them they said that is fine to do.

It feels a lot like I'm rehashing my defence somewhat - not sure if that's standard

[Amethyst]

Without more details being produced yes it does end up a more wordy version of the defence ... don't worry - looks like you've made a good start there

[lb1989]

Without more details being produced yes it does end up a more wordy version of the defence ... don't worry - looks like you've made a good start there

What else could I reference do you think? I've got the bit around the starting balance/adjustment not being accounted for.

I guess I could include that the copy credit agreement states £70 payment due on X date, with no mention of when the remaining £200 is due

Unfortunately I haven't had anything back from RBS yet . Are you able to add to a witness statement at a later date?

[lb1989]

Okay, so I've had a proper read of their WS. They mention that notice of assignment as served by email (is that valid?).

They then referenced that I agreed to pay £270 (loan and interest) by X/10/2013, referencing the copy credit agreement.

This is the bit that they haven't made reference to before:

The Defendant failed to make the agreed payments and as such penalties charges were added to the outstanding balance leaving the Defendant owing the amount of £552.08. However, such interest and charges were written down by the Claimant by removing all charges as applied by [ML] and reapplying interest at 75% as approved by the [FCA], thus leaving the Defendany owing the sum of £350.00

They've also referenced the Notice of Assignment as stating the amended sum was owing following a write down. The NOA only shows the original £552 balance and a line stating "we will add default interest to the balance which will significantly increase the debt"

[lb1989]

I think I'm pretty much done with the WS now, barring any last minute additions tomorrow if anyone has any suggestions?

I've attached a redacted copy as PDF, I figure it will be easier to read that way!