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

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    gat_3's Avatar

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

    Received a claim? Yes
    Issue Date: 28-6-2017
    Amount approx: 500.00
    Claimant: Motormile Finance
    Solicitor: Moriarty Law
    Original Credit: Wageday Advance

    Particulars of Claim:

    Defendant owes the claimant £400 under a regulated loan agreement with Wageday dated 09/2011 which was assigned to the claimant 01/2014 and notice of which was given to the defendant on 01.2014 (debt). Despite formal demand of payment of the debt the defendant has failed to pay and the claimant claims £400and further claims interest thereon pursuant to section 69 of the county court act 1984 limited to one year to the date hereof... "

    (it's just the interest and the interest amount stated hereafter)


    Stat Barred? No

    Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

    Other Info:
    I found some old emails originally from Wageday Advance in 2011 and the amount they were claiming then is different from the amount in the Particulars of Claim.

    The claim will be 6 years old in just under 2 months.

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    charitynjw's Avatar

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

    Hi gat_3, welcome to LB

    WdA have had some 'bad press' in recent years concerning (among other things) dodgy charges applied, account management, etc.
    I believe both the Financial Ombudsman & the FCA are fully aware of the historic transgressions.
    If it were me I'd SAR WdA to find out exactly how the alleged amount is calculated.
    But keep an eye on the deadline for submitting your defence (33 days from the court claim issue date).
    CAVEAT LECTOR

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

    I had an old WDA loan that had been rolled over so many times it was untrue. It is from about the same time as yours and although it was sold to MMF , when MMF were even worse than they are now- it was eventually passed back to WDA


    Had you rolled over or was it a once only loan?
    @Debt Camel
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

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    gat_3's Avatar

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

    Quote Originally Posted by charitynjw View Post
    Hi gat_3, welcome to LB

    WdA have had some 'bad press' in recent years concerning (among other things) dodgy charges applied, account management, etc.
    I believe both the Financial Ombudsman & the FCA are fully aware of the historic transgressions.
    If it were me I'd SAR WdA to find out exactly how the alleged amount is calculated.
    But keep an eye on the deadline for submitting your defence (33 days from the court claim issue date).
    Hi, and thank you!

    Okay, I'll contact them directly and see what they say.

    Just received a letter today from Moriarty Law saying that they have "...been instructed by our client company to enter a Judgement against you 14 day from the date of this letter."

    They go on to offer payment plan options.

    @warwick65 I rolled it over once, came to about £350 altogether.
    Last edited by Kati; 22nd July 2017 at 13:22:PM. Reason: fix tag xx

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

    Just received a letter today from Moriarty Law saying that they have "...been instructed by our client company to enter a Judgement against you 14 day from the date of this letter."
    I wonder who appointed them Judge, Jury & Executioner?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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

    As long as you acknowledge the claim and enter a defence within the time limits they can stick their automatic judgement where the sun don't shine
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

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

    Quote Originally Posted by warwick65 View Post
    As long as you acknowledge the claim and enter a defence within the time limits they can stick their automatic judgement where the sun don't shine
    Manchester?

    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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

    Quote Originally Posted by charitynjw View Post
    Manchester?

    Cheeky bugger. More like Leeds
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

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

    Thanks everyone, I'll enter the defence this week, but I'm not sure where I should start with my defence (I know that sounds super stupid). Are there any threads I should look at or anything like that?

    Sorry, I know this seems ridiculous but I'm really clueless here.

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

    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

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

    Thank you Kati!

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

    Just to add some more info, I am looking at the loan amount they mention in the Particulars of the Claim and I am wondering if I should work the apparent discrepancy into my defence?

    I have found an old email from Wageday that includes the original loan agreement on the date mentioned in the Claim and the amount in the email I have is lower than the amount they stated in the claim.
    The loan was a re-up on another loan with Wageday, and even if I added the amount of the first loan with the second, the amount stated in the claim is still wrong.

    I also don't think the claimant sent me a Notice of Default sums every year as I moved quite a lot over the years.

    Should I mention these in my defence?

    Thanks

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

    Hi you can indeed mention ion your defence that you expect the claimant to be able to quantify the amount of the claim.

    I am not sure how the sums in arrears would work but I wonder if they sent them to the address they had on file and can demonstrate that, would it be sufficient - I don't know. Its just an added complication of moving around a lot I guess
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

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

    Quote Originally Posted by warwick65 View Post
    Hi you can indeed mention ion your defence that you expect the claimant to be able to quantify the amount of the claim.

    I am not sure how the sums in arrears would work but I wonder if they sent them to the address they had on file and can demonstrate that, would it be sufficient - I don't know. Its just an added complication of moving around a lot I guess
    Excellent! I'll do that.

    I'm looking at the loan agreement (again) and I took out the loan 08/2011 then requested a higher amount 09/2011. I'm wondering, am I correct in thinking that the loan term should be counted from 08/2011 not 09/2011? On the 09/2011 agreement, wageday states "you have successfully applied for a new loan drawdown under your running agreement number xxxxxx"

    I ask because it's just another discrepancy I can use at some point, and that I believe statute barred would be applicable next month instead of 2 months.

    Thanks for all the help

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

    Quote Originally Posted by gat_3 View Post
    Hi, and thank you!

    Okay, I'll contact them directly and see what they say.

    Just received a letter today from Moriarty Law saying that they have "...been instructed by our client company to enter a Judgement against you 14 day from the date of this letter."

    They go on to offer payment plan options.

    @warwick65 I rolled it over once, came to about £350 altogether.

    Is this Judgemet claim part of the battle to get default judgement?

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    Default 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.

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    Default 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!

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    gat_3's Avatar

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

    Can anyone help with my update?

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    Default 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?
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
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    Default 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

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    charitynjw's Avatar

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    Default 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
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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

    Thanks Charity!

    I'll look into this and go from there

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    Default 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!

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    Default 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 ?

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