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Evergreen Finnace/Moneyboat claimform - Pay Day Loan

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I have unfortunately and foolishly got into debt with several payday loan companies.

 

 

I have set up my own Debt Management plan and have been paying these companies on a pro-rata business since September.

 

 

I asked all companies to correspond with me by a specific email address so I could keep an audit of all correspondence

 

 

One of these companies is Evergreen trading as moneyboat.

 

 

I have copied you in on correspondence and that they provisionally accepted a payment of £12 per month which I have paid this electronically into their nominated bank account since September.

 

 

I have received the further attached claim form.

I have not received any further correspondence or a default notice until this arrived.

 

 

I would be grateful for any advice in regards to the procedure and costs claimed.

 

 

I have not responded as yet.

 

 

Many thanks David

Evergreen.pdf

Evergeen correspondence.pdf

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Thank you. As below:

 

Name of the Claimant - Evergreen Finance London

 

Date of issue – 05 Jan 2017 Date of issue 05 Jan + 19 days ( 5 day for service + 14 days to acknowledge) = 24 Jan + 14 days to submit defence = 07 Feb 17 (33 days in total) - ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

 

The claimant is and was at all material times in business as a High Cost Short Term lender providing short-term finance to consumers. By a regulated credit agreement made, in writing, between the Parties on 15/6/16 the Claimant agreed to advance the Defendant the sum £600 and the Defendant agreed to repay the sum together with interest over 3 instalments. In breach of the agreement the Defendant has failed to pay the agreed instalments and the account was placed into default on 17/11/2016. Despite numerous requests for payment, the Defendant has not paid the Claimant the sum of £1,176.00. The Defendant therefore owes the sum of £1176.00 including charges and interest for missed payment.

 

The Claimant claims interest under section 69 of the County Code Act 1984 at the rate of 8% a year from 17/11/2016 to 04/01/2017 on £1,176.00 and also interest at the rate up to the date of judgment or earlier payment at a daily rate of £4.02

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? - No PDL

 

When did you enter into the original agreement before or after 2007? - After

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. - Yes

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? N/A

 

Did you receive a Default Notice from the original creditor? - No

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - From this company no

 

Why did you cease payments? - Jul 16 from the original agreement. Resumed payments of £12 per month in September 16 after they provisionally accepted my payment plan (paid Jan 17s installment)

 

What was the date of your last payment? 04/01/17

 

Was there a dispute with the original creditor that remains unresolved? - No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management - Yes I advised my financial situation, sent them and income and expenditure sheet and on offer of payment of £12 a month. Which they provisionally accepted as per the correspondence I attached on my original post.

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