Evergreen Finance/Moneyboat PDL - Court Claim Received ***Claim Struck Out***

[Gracelands]

Hi everyone

I have got myself into a large amount of debt with many payday loan companies over the last few years and i am trying to sort these into some kind of payment plan. 

 

2 days ago i received a CCJ letter from the above mentioned.

I need to respond to this but i don't know how much to calculate an amount for an offer of payment or if i can do that at all?

 

The loan was taken out in early march 2020 

any advice would be very welcome.

 

Thanks G

[fkofilee]

Scan up letter minus personal details.

[dx100uk]

yes what do you mean by a CCJ Letter?

scan to PDF only read upload carefully please 

 

if you've had numerous PDL's from everywhere and you credit file is shot with defaults and debts, they should not have loaned to you anyway.

 

have you considered an Irresponsible Lending Complaint?

that could wipe the loan out or reduce it considerably and the same to any other lending when they or other shouldn't have....?

 

dx

 

[Gracelands]

Hi first of all thank you for your replies I am very grateful please bare with me as I may need a little guidance to give you all the information

 

I don’t have a scanner only mobile communication is it possible to edit a photo and attach that as a file.

 

I have registered for MCOL and have checked the county court letter is genuine

 

I hope this helps.

 

Also just to let you know that I had an email today from the collections and hardship department saying “as this is in the money claim stage I need to pay the full balance now, when can you pay it”

 

thanks G

 

 

[fkofilee]

Copy  1st post from here and paste it back here with the missing answers.

 

[Gracelands]

Hi hope this is correct

 

Name of the Claimant - Evergreen finance

 

Date of issue – 17Nov 2020 

Date to acknowledge = 4 Dec 

date to submit defence = 18 Dec 

 

What is the claim for – 

 

1.The claimant is and was at all material times in business as a High Cost Short Term lender providing short-term finance to consumers.

 

2.By a regulated credit agreement made, in writing, between the Parties on 09/02/20 the Claimant agreed to advance the Defendant the sum £400 and the Defendant agreed to repay the sum together with interest over 4 instalments.

 

3.In breach of the agreement the Defendant has failed to pay the agreed instalments and the account was placed into default on 14/08/20.

 

4.Despite numerous requests for payment, the Defendant has not paid the Claimant the sum of £600.48. The Defendant therefore owes the sum of £649.87 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 14/08/20 to 16/11/20 on £648.87and also interest at the rate up to the date of judgment or earlier payment at a daily rate of £2.18.

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? -  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. - OC 

 

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 ? - no only email stating the account could go into default 

 

Why did you cease payments? - Took a payment break of 2 months due to being furloughed then when the payments resumed an extra month payment had been added to the account so it was disputed 

 

What was the date of your last payment? 01/04/20

 

Was there a dispute with the original creditor that remains unresolved? - yes 

 

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 and struggling to make payment

 

 

thanks G

 

I have checked on Experian and there is not a default mark against the account just 5 mixes marked as not updated ? Would that suggest no default notice has been given?

 

thanks G

[dx100uk]

please note your corrected dates above.

 

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

 

[Gracelands]

I have checked on Experian and there is not a default mark against the account just 5 crosses marked as not updated ? Would that suggest no default notice has been given?

 

Thanks for your assistance dx I will get on to this straight away.

 

Do either of the letters need to be signed for or just proof of posting?

 

Already signed up for MCOL just need to start AOS box. 
 

Thanks G

[dx100uk]

1st class with POP is ok you only need to prove you sent them.

 

[Gracelands]

Hi all done CCA and CPR 31:14 sent should arrive at Evergreen today, MCOL acknowledgement of service completed.

 

Is it a case of sit back and wait for their response or is there something I need to do, just a bit worried about the defence of the claim and how I will approach this?

 

Had a few unknown calls in the last few days since the court letter arrived they are linked to moneyboat but I have not answered.

 

Is there anything in that the default is not showing on my Experian file or could this be that it has not been added yet?

 

thanks G

[Gracelands]

Hi everyone getting a bit worried now that I need to be doings something or do I need to sit and wait? 

 

a quick update on things since I sent the above letters;

I have had trouble with my email account and have not had any emails?

 

Just got it back now and I have had an email from Moneyboat the day the letters were received it is a statutory notice of arrears from the last payment date in March !! Still no default showing on my credit files

has  as anyone got any thought to what is happening please.

 

thanks G

[dx100uk]

have you been reading up here on CAG as advised?

use our search top right

claimform loan PDL

 

researching whats to come and how to do it.?

i mentioned IRL 

have you looked at that?

 

you MUST file a defence by 18th december no matter what happens

 

post your ideas up here 1st well in advance?

[Gracelands]

Hi thank you for your time dx it is much appreciated.

Yes had a read  around to get myself familiar with similar cases and know i have to submit a defence before the deadline date. Just to a bit unsure what i am defending to be honest i think it will be on the lines of that i have not received a default notice, they did not offer any help when i requested due to financial difficulties and extra charges added to the account? I have read that IRL will have not effect on the case if it goes to court anyway?

 

Is there a reason that i have not got a default on my credit file (they did not issue one?) or will this show up at a later date.

 

I know you are very busy so i don't want to keep posting and asking silly questions taking up your valuable time but here is an update on response communication since the court claims letter:

 

Email communication 23/11/20 entitled "TALK TODAY" Hello As you are now at Money claim stage due to no payments made since March of this year you will be required to settle the balance as soon as you can. Please can you advise me when you can pay the £ ***.**? 

 

Email communication of Statutory notice of arrears sent 27/11/20

 

Email communication of CCA response and credit agreement attached sent today 07/12/20

 

Thanks G

 

[dx100uk]

your case is different to most court claims

the claimant is the original creditor so an IRL complaint IS very applicable.

get one running TODAY 

 

was your credit file shot with other defaults, late payment markers, crap score, multiple debts and loans when you took this out?

 

[Gracelands]

First time i have signed up to a credit check so i working my way around it!

I cant see any of the many PDL i have had and got into payment troubles

some very old (4-7 years)

some old (last 3 years)

some not so old ( 12 months)

 

i can only 3 that i have been associated with?

Is there a reason that many more are not showing?

 

I have just seen on the report the Default is now registered on there it says updated 01/12/20 and the default date is 16/11/20 this was not showing last week when i checked?

 

My credit score is as low as you could imagine with late payments, loans and credit card issues showing.

 

I will get a IRL sent off straight away would this go to Moneyboat or to Evergreen.

 

Thanks G

[fkofilee]

IRL Guide attached. Please read in full 

PDL Claim Guide - WIP.pdf

[dx100uk]

there you go

get the above running.

 

can you scan to one multipage PDF all the documents returned so far by email

read our upload guide carefully

 

 

[Gracelands]

Thanks,

 

 loan agreementnotice of arrears.pdf

 

Hi

have i uploaded the above document correct and what are your thoughts?

 

some information on the above as i have been able to log into the loan account.

 

I had 2 previous loans that were repaid with no issues.

I had made 1 payment of £150.13 from the 3rd loan of £400 which had a total of 4 payments of £150.

 

I asked for a payment break at the beginning of April due to being sent home from work due to the covid lockdown and was unsure of if i was getting furlough payments or not. They emailed back saying that they could offer me a 1 month break but put 2 confusing options forward and with 4 payments reaming instead of 3 (already made 1 payment?) i questioned this and had no further reply until June chasing missed payments!

 

Sorry it is a bit long winded  

[dx100uk]

are you still in dire straights, could you offer and make the payments ?

 

did  they send you one of these?

The Pre-Action Protocol for Debt Claims is made by the Master of the Rolls as Head of Civil Justice. 1st Oct 2017 - Legal - Consumer Action Group

[Gracelands]

Hi dx i couldbe in a position to start the payment again if this will get rid if the court process? but they are claiming £600.48 which is the full loan amount but they have not taken off my 1st payment of £150.13 ??

 

The only thing a received from them regarding the payment break request was an email which i have attached.

 

20201208162440838.pdf

 

could this error count against their claim?

 

thanks G

[dx100uk]

a consent order would remove the need to continue with the CCJ, BUT should you FAIL to abide by the agreed conditions (of which you could somewhat dictate the repayment rate and how long) it would mean you'd get a CCJ.

 

weighing it all ....up the agreement is good IMHO and for something SO recent, i don't think you'll stand much chance going forward.

 

the other positive point could be the IRL complaint.

[Gracelands]

Thanks for the good advice dx how do I move forward with a consent order and what if they don’t agree with it or the Offer of payment. Did you pick up on the fact of them missing one of my payments from the claim amount ?

 

thanks G

 

Hi I have had a look around other threads and cannot find how to start a consent order on MCOL? Do i speak to Moneyboat and ask is i can set it up?

 

Thanks G

[AndyOrch]

Thats because you cant start/agree a Consent Order through MCOL...it must be agreed with the Claimants Solicitors.

 

Andy

[dx100uk]

thanks andy..

 

can i just have your thoughts on my thoughts here...

get a consent sorted and then see if the IRL goes anywhere...

 

dx

 

[AndyOrch]

Its still with the OC so anything agreed by Consent will stand and override any attempt of a IRL DX.