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    • I'm not sure on the best option here, I'm happy to go with Tomlin, however I can afford to pay this one in full if needed and wonder whether I should be trying to get a reduced amount, perhaps in the court hallway before going in? that would require submitting a WS of some sort. What I 'like' (strong word) about TO in this instance, is that it allows me to keep my savings to hand for further accounts needing attention in the near future and I would hope gives me some control over the pcm amount.. I've read a number of TO threads now (fell to sleep at the keyboard last night ) but have a few questions please: - Do I specify the payment arrangement in a TO or the claimant? I'm thinking 20% lump upfront plus 96 months of circa 60 squid. - Who decides repayment amounts if CCJ is granted? if the judge, then do I submit I&E at any point? Given the amount of total debt across all my claims, I need to ensure anything I commit to is future proofed. I wouldn't want all my disposable income sent to this one debt, only to have another one in a month or two.
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    • Few tweaks as the run order was completely messed up and the main point of your defence (reconstituted agreement) pushed to the bottom of the statement.   I, XXXXXX, being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in this claim and further to my set aside application dated 1 November 2022. 1.The claimants witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts in person in the opening paragraph. It is my understanding they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act. 2.  I understand that the claimant is an Assignee, a buyer of defunct or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income as confirmed in the claimants witness statement exhibit by way of the Deed of Assignment. 3. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights.  This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information).  The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 4.  I became aware of original Judgement following a routine credit check on or around 14th September 2020. 5. The alleged letter of claim dated 7 January 2020 was served to a previous address which I moved out of in 2018, no effort was made to ascertain my correct address.  I have attached a copy of my tenancy agreement which is marked ‘Appendix 1’ and shows I was residing at a difference address as of 11 December 2018 and was therefore not at the service address at the time the proceedings were served.  I have also attached an email from my solicitors to the Claimants solicitors dated 14 July 2022 which was sent to them requesting that they disclose the trace of evidence they utilised prior to issuing the proceedings against me.  This is marked ‘Appendix 2’. The claimants solicitors did not provide me with these documents. 6. Under The Pre-Action Protocol for Debt Claims 2017 a Debt Buyer must undertake all reasonable enquiries to ensure the correct address of a debtor, this can be as simple as a credit file search. The Claimant failed to carry out such basic checks. Subsequently all letters prior to and including ,The Pre action Protocol letter of claim dated 7 January 2020 and the claim form dated 14th February 2020 were all served to a previous address which I moved out of in 2018. 7. Upon the discovery of the Judgement debt, I made immediate contact with the Court and the Claimant Solicitors, putting them on notice that I was making investigations in relation to the Judgement debt as it was not familiar to me.  I asked them to provide me with a copy of the original loan agreement but this was not provided to me.   The correspondence to the Claimant Solicitor's is attached and marked ‘Appendix 3’ 8. On (insert date) I successfully made application to set a side the judgment. The claim proceeded to allocation, 9. The claimant failed to comply with the additional directions ordered by District Judge Davis on the 2 February 2024 'The Claim shall be automatically struck out at 4pm on 3 April 2024 unless the Claimant delivers to the Court and to the Defendant the following documents.' None of these documents were received by the court nor the defendant by that date. (insert date you did receive the documents) I then sent a Data Subject Access Request to Barclays but no agreement was provided. Details the timeline of communication between myself and Barclays are attached and marked ‘Appendix 4’and the copies of correspondence between myself and Barclays are attached and marked ‘Appendix 5’. Remove irrelevant 10.The claimant relies upon and has exhibited a reconstituted version of the alleged agreement. It is again denied that I have ever entered into an agreement with Barclaycard on or around 2000.  It is admitted that I did hold other credit agreements with other creditors and as such should this be a debt that was assigned to Barclaycard from another brand therefore the reconstituted agreement disclosed is invalid being pre April 2007 and not legally enforceable pursuant to HHJ Judge Waksman in Carey v HSBC 2009 EWHC3417.  Details of this are attached and marked ‘Appendix 6’. The original credit agreement must be provided along with any reconstituted version on a modified credit agreement and must contain the names and address of debtor and creditor, agreement number and cancelation clause. 11. Therefore the claimant is put to strict proof to disclose a true executed legible agreement on which its claim relies upon and not mislead the court. 12. It is denied I have ever received a default Notice pursuant to sec 87(1) CCA1974.The claimant is put to strict proof to evidence from the original creditors internal document software the trigger of said notice.  13.   As per CPR 1.4(2)(a) the court encourages parties to cooperate with each other in the conduct of proceedings in order to try and save time and costs for the parties and to also save the time and resources of the court however, despite vast attempts at mediation the claimants have been most unreasonable and have remained unwilling to mediate. 14. Until such time the claimant can comply and disclose a true executed copy of the original assigned agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974. I believe that the facts stated in this Witness Statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. Signed                 ………………………………………………….. Name                  XXXX Date                     30 April 2024   Run 3 copies Court /Claimants Sol/File
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Evergreen Finance/Moneyboat PDL - Court Claim Received ***Claim Struck Out***


Gracelands
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oh ok i thought it being with the OC was a bonus as it doesn't work on sold debts subject to a court claim, ..

 

but if the owner still has it and they agree something was wrong with the lending process, they would be able to reduce say the outstanding on the consent or wipe it out totally?? as they are still god in both cases..the claimant and the owner..

 

 

if thats not so...would it be useful to let the claim take it natural course for a while an see if something comes of it before the last opportunity to consent passes?

 

i can't objectively see much of a change of the OP succeeding in the court claim can you?

although they don't appear to have abided by PAP not appear to have issued a DN etc.

 

get CCA/CRP running ...see where it goes...

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I would be submitting a defence irrespective as it buys extra time to evaluate all options...Mediation/ Consent Order.

You can always throw in the threat of ILRC when or if you try to negotiate a settlement figure...but this being the OC they hold all the cards and do not need to reduce anything.....failing that then it proceeds on the invalid points you raise and you take your chance.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Andyorch/dx thank you for your assistance its very much appreciated.

Just so that I know that im singing off the same page could i clarify:

 

So i leave the IRL? "You can always throw in the threat of ILRC when or if you try to negotiate a settlement figure"

CCA/CPR31.14 already sent,

I cant find a CRP to get that running?

Should i not contact Money boat regarding a consent order

Sorry to keep asking but the total claim is for the total loan amount £600 and has not taken into account of a payment of£150?? does this have any bearing on the claim?

Go for submitting a defence, could the above be added to the defence? "I would be submitting a defence irrespective as it buys extra time to evaluate all options...Mediation/ Consent Order."

 

Thanks G

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On 24/11/2020 at 22:06, Gracelands said:

date to submit defence = 18 Dec 

 

 

thanks andy so 9 days 

usual defence with mention they have failed PAP and to supply DN etc then

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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On 24/11/2020 at 22:40, dx100uk said:

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]

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


 

 

cpr was here on the 24th!^^^

so you've not sent it?

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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14 minutes ago, dx100uk said:

 

thanks andy so 9 days 

usual defence with mention they have failed PAP and to supply DN etc then

 

 

Yes post it here and give me a nudge nearer the time.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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47 minutes ago, Gracelands said:

I cant find a CRP to get that running?

 

so you did send it then ok good

i was puzzled by what you meant by CRP.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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its the age you know..

have a look around at the holding/no paperwork defences that are in many loan claimform threads

use our search top right

or our enhanced google search box.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hi Everyone hope you are well. I am getting a tad nervous now as time is ticking on. I have been looking at other similar threads to assist me with my defence. I am not very good at these kind of things but i have attempted to give it a whirl. Could you give me your advice on the defence i have drafted which i will submit on Thursday 17th. Hear goes:

 

1. Evergreen Finance London Ltd claim this amount in respect of an unpaid loan funded by Moneyboat.co.uk. The defendant failed to abide by the terms of the contract.

 

2. By a regulated credit agreement made between the parties on 09-03-2020 the claimant agreed to advance the defendant the sum of £400.00 and the defendant agreed to repay the sum together with interest over 4 instalments. In breach of the agreement the defendant has not paid the agreed instalments and the account was placed into default on 14/08/2020 despite numerous requests for payment. The Defendant has not paid the Claimant the sum of £600.48. The defendant therefore owes therefore claims the amounting sum of £649.87 including charges and interest for missed payments.

 

3. The claimant claims interest under section 69 0f the county courts Act 1984 at the rate of 8% yearly from 14/08/2020 on £649.87 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate.

 

 

Defence

 

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. Paragraph 1 is not admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim for an amount of £649.87.The defendant admits entering into a short term agreement for the sum of £400.00 plus 4 months interest totalling £600.48 from Moneyboat.co.uk . It is denied the claimant has served any Notice of Assignment pursuant to the Law & Property Act 1925.

 

2. Paragraph 2 is denied the Defendant has made a payment towards the amount agreed to be repaid which has not been calculated or taken into consideration. The claimant failed in a request for assistance in finical difficulties during the ongoing Covid pandemic. The Claimant has not served a Default Notice pursuant to sec88 of the CCA1974 or followed any Pre Action Protocol in an attempt to resolve this matter and is put to strict proof thereof.

 

3. The claim is disputed with regards to the Defendant owing the amount of monies stated to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for;

© show how any breach occurred and a valid Default Notice was issued,

(d) show how it has legal assignment of any alleged debt.

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the full amount of money is owed.

 

 

Thanks G

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let me check it properly tomorrow.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Particulars of Claim for reference only

 

1. Evergreen Finance London Ltd claim this amount in respect of an unpaid loan funded by Moneyboat.co.uk. The defendant failed to abide by the terms of the contract.

 

2. By a regulated credit agreement made between the parties on 09-03-2020 the claimant agreed to advance the defendant the sum of £400.00 and the defendant agreed to repay the sum together with interest over 4 instalments. In breach of the agreement the defendant has not paid the agreed instalments and the account was placed into default on 14/08/2020 despite numerous requests for payment. The Defendant has not paid the Claimant the sum of £600.48. The defendant therefore owes therefore claims the amounting sum of £649.87 including charges and interest for missed payments.

 

3. The claimant claims interest under section 69 0f the county courts Act 1984 at the rate of 8% yearly from 14/08/2020 on £649.87 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate.

 

 

Defence

 

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

2. Paragraph 1 admitted .The defendant admits entering into a short term Pay Day Loan agreement for the sum of £400.00 plus 4 months interest totaling £600.48 from Moneyboat.co.uk . It is denied I failed to abide by the Terms and Conditions of the agreement.

 

2. Paragraph 2 is denied the Defendant has made a first payment of £150.13  towards the amount agreed to be repaid which has not been deducted or taken into consideration. The claimant rejected a request for assistance during the ongoing Covid pandemic pursuant to the UK Government Legislation at which time I was placed on Furlough by my Employer.

 

3.The Claimant has not served a Default Notice pursuant to sec87 of the CCA1974. 

 

Need for default notice.

 

(1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

(a) to terminate the agreement, or

(b) to demand earlier payment of any sum

 

4. The claim is disputed with regards to the Defendant owing the amount of monies stated to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has reached the amount claimed for;

(b) show how any breach occurred and a valid Default Notice was issued,

 

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the full correct amount of money is owed.

 

6.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

We could do with some help from you.

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Thanks for the amendments Andy.

Do i submit this now and get this rolling or wait and use the allotted time lines don't want to do something that may not be right and waste days that could be used in the defence stage.

 

Thanks G

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Go now....I assume you are not waiting for any responses.....CPR /CCA requests etc etc.....

We could do with some help from you.

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2 minutes ago, Andyorch said:

Go now....I assume you are not waiting for any responses.....CPR /CCA requests etc etc.....

Ok Andy ill do it now. No only other email response i have had is telling me that "as this is now at Money claim stage i need to settle the ballance as soon as possible can i advise when i can pay i have to pay the full amount"!! 

 

Do I need to prepare anything once the defence has been filed or will i get a response from Evergreen asking for payments or other suggestions?

 

Thanks G

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Nothing.....see if they wish to respond to the defence and if they wish to proceed with the claim...then the court will instruct you further re allocation.....directions. 

We could do with some help from you.

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  • 2 weeks later...

Hi hope everyone is safe and well.

 

I have had notice of proposed allocation to the small claims track (N 180 form). I will get this filled in and sent of to the courts (4th January deadline). I think a copy is also required to be sent to Evergreen finance? Can I email a copy to Evergreeen?

 

A1 = yes

B = self explanatory

C= yes

D1 = My nearest local court?

D2 = no

D3 = no

D4 = no

 

Agree to mediation = yes

Enough information = yes

 

Should i be going the full distance and see if Evergreen sand payment to court and turn even up or will this take me to the mediation stage or do Evergreen have to agree with this? if not will my defence hold up at the court stage?

 

Thanks G

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they will mediate i'm sure.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi just before posting out N180 should I leave my mobile contact number on the copy sent to Evergreen and just give it to the courts just confused in case I get bombarded with calls from Moneyboat!! Read up on other threads and not sure what mediation I should be going for or will Moneyboat dictate what they will be willing to accept?

 

thanks G

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Your choice...but as you have said you know what might happen if you do. There is no requirement to supply all your contact details on the claimants' copy.

We could do with some help from you.

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