** Lost ** Moriarty Law/MMF v lb1989

[lb1989]

Here's the Claimant's WS

[Amethyst]

Just putting your WS here for ease - https://legalbeagles.info/forums/fil...tch?id=1423917

[GBExile]

Just putting your WS here for ease - https://legalbeagles.info/forums/fil...tch?id=1423917

Not a good witness statement to be fair.

Its basically an admission of debt but the actual debt amount & interest is disputed.

[Amethyst]

Defence(although it was edited before submission) https://legalbeagles.info/forums/for...14#post1399514

[Amethyst]

Loan agreement


2CCC3A5B-C2B2-4B30-877E-23AFCE8D7667.png

DF2D21B7-44A4-4E17-9917-41B13CDBC052.png

[GBExile]

False accounting?

"

07 Jan 2014

Annual return made up to 31 October 2013 with full list of shareholders Statement of capital on 2014-01-07 GBP 2,000"

[pt2537]

WTF that orders deficient in my view, CPR 23.10 gives a right to set it aside, yet the Court order makes no referencethe rights under CPR 23.9(3)

That order must be set aside

[lb1989]

How would I go about that? I’ve read the below, but is there a fee involved?

23.10

(1) A person who was not served with a copy of the application notice before an order was made under rule 23.9, may apply to have the order set aside^(GL) or varied.

(2) An application under this rule must be made within 7 days after the date on which the order was served on the person making the application.

[pt2537]

How would I go about that? I’ve read the below, but is there a fee involved?

23.10

(1) A person who was not served with a copy of the application notice before an order was made under rule 23.9, may apply to have the order set aside^(GL) or varied.

(2) An application under this rule must be made within 7 days after the date on which the order was served on the person making the application.

yes, you would need to make an application to the Court sadly, but i think its needed, you have gone from having a dead claim to a risk of CCJ in circumstances where the order facilitating it is frankly perverse.

You could write to the Court making these observations but the chances are the judge will simply refuse without an application

[Amethyst]

Paul - can you have a quick look at that dodgy Mr Lender agreement too please - would it help the application to reiterate its deficient ( misstated total charge for credit etc) ?

£100 without notice app to set aside order ? or hearing reqd? Remembering we don't know what their app or evidence is based on and just assuming it's an administrative error plea. They were originally struck for not paying hearing fee.

[lb1989]

So what do you think I should do next? £100 seems a lot to try and set aside their application

[pt2537]

So what do you think I should do next? £100 seems a lot to try and set aside their application

Sorry to sound harsh here but £100 now, vs losing in court, having judgment and costs is in my book a no brainer. The Court has made an order on application of the claimant that it cannot really make, it must be set aside, and i think you wouold have a good shout at getting your costs back on the application too.


That order needs to go, you ought to have your say as to why the Claim shouldnt be reinstated and your right to reply etc

[pt2537]

Paul - can you have a quick look at that dodgy Mr Lender agreement too please - would it help the application to reiterate its deficient ( misstated total charge for credit etc) ?

£100 without notice app to set aside order ? or hearing reqd? Remembering we don't know what their app or evidence is based on and just assuming it's an administrative error plea. They were originally struck for not paying hearing fee.

Argh i cannot seem to read the agreement

[Amethyst]

This bit ?

089C2390-0F42-4D91-A35F-2B25F39B53A4.png

Ill put it on a pdf for you in a bit tho

[Amethyst]

See if this helps xx MrLenderagreement.pdf