Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

[gat_3]

Re: Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

On their behalf? I'm not sure.

Sorry if I'm interpreting your question wrong.

[gat_3]

Re: Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

Bumping the thread with an update.


Last week I received a letter from the court confirming my defence, and laying out that the claimant has 28 days to decide what do and other particulars.

Today I received a scanned letter from MMF, and a copy of the credit agreement from Wageday Advance. They returned the £1.00 postal order. They also said "unfortunately, your account has now been transferred to our legal department Moriarty Law".

Now I'm reading through the credit agreement (it's a running account credit agreement) that they sent me from Wageday Advance and there appear to be a few discrepancies. They sent me a credit agreement which is dated earlier than the date they gave on the Claim Form.
I realise that the date they gave on the Claim Form is from when I got a reloan (or drawdown loan) from Wageday, and not from the original loan I had with Wageday Advance.

I found an old email with all the details for the drawdown loan (this email has the same date as the date given on the Claim Form), however, the agreement number MMF have sent me and the one on the email isn't the same.
I also found another email which relates to the original loan, and again, the agreement number doesn't match with the one MMF have sent me.

I am also trying to calculate how they came to the figure they gave on the claim - the original agreement (the one MMF sent me) is barely over £100.00, and even if I added this number to the drawdown loan I received, it still wouldn't add up.

The agreement they sent also isn't signed by the creditor (I know it was an online agreement, but my name is stamped the debtor section, while their section is blank).

I was wondering if this information gives me any sort of advantage, or at least something to question if we make it to court?

Thanks!

[gat_3]

Re: Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

Can anyone help with my update?

[warwick65]

Re: Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

Well at the moment the ball is in their court and they have to decide if they want to continue

From what you say there may be things you can use in your WS that challenge the claim yes
What did you plead in your defence- was it based on the template from this site?

[gat_3]

Re: Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

Yes, I used the template from the site (which was super helpful). I basically argued that I didn't remember the loan and that without the information I have requested I can't defend myself adequately.

I think what I was wondering was can I use the fact that the date they used on the claim form was different from the date on the credit agreement they sent me? I wasn't sure because it was a 'running credit' agreement.
Also amount they said I owe on the claim doesn't fit with the loan amount they sent me.

I was wondering if these are things I can use in the future if I need to? Thanks

[charitynjw]

Re: Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

Another possibility?

http://www.legalbeagles.info/forums/...dability-Claim

You would need to write to the Claimant's sols to request consent for a stay of proceedings.

https://www.justice.gov.uk/courts/pr...es/part26#26.4

If they refuse, it could be considered unreasonable by the court

[gat_3]

Re: Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

Thanks Charity!

I'll look into this and go from there

[gat_3]

Re: Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

So Moirarty hasn't responded to any of my requests and haven't sent me their DQ even though I sent them mine.

I got a call last week from the court to make sure I was suitable for mediation, but I told them that I didn't have all the information needed to go forward because the other side hadn't given me the information I asked for. The court officer told me to wait until the end of next week (tomorrow) and give them a call back to let them know if I could go forward.

As it stands, Moriarty still hasn't sent me anything, but they did send me an email a couple of days ago asking me to give them a call. I was wondering, should I call them? Or will my non-response be used against me at a later date?

Thanks!

[xxmoomooxx]

Re: Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

How are you getting on with this Gat ? have you an update - Did Moriaty ever send you anything ?

[gat_3]

Re: Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

How are you getting on with this Gat ? have you an update - Did Moriaty ever send you anything ?

Well Moriarty sent me an email asking me to call them, which I did. When I spoke to them I just gathered that they wanted to see if i wanted to make a deal (i didn't) so I called the mediation service to let them know that i wasn't suitable for mediation because the other side still hadn't sent me the information i requested months ago.

So i received a letter from the court saying they were going to allocate the case to small claims so I'm just waiting for them to give me a date i suppose.

[warwick65]

Re: Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

Please keep off the phone to people like this.

[gat_3]

Re: Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

I was going to, but I didn't want them to use my non-response against me at a later date.

I made sure I didn't answer any questions and just kept on asking them what their email was about. They kept asking if I had all information and then asked if I wanted to talk about an offer. I did not respond. Once they confirmed that's what the email was about I ended the call.

Now I'm just waiting for a letter from the court scheduling a date.

[warwick65]

Re: Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

I wish you good luck

There are lots of things I would personally like to know about PDL's and the regulatory requirements for enforcement because there has been lots of conflicting info given out across t'internet

[gat_3]

Re: Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

thank you! I'll probably be back to ask for advice on writing my defence

Yeah, I definitely think I shouldn't have be chased for this but the law is too murky here.

Thanks again!

[xxmoomooxx]

Re: Court Claim - Motormile Finance / Wageday Advance - 28-6-2017

with a bit of luck you've included that in your defence and the court will order them to supply docs within 7 days or the claim be discontinued.