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

[dx100uk]

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...

 

[AndyOrch]

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.

[Gracelands]

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

[dx100uk]

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

 

[dx100uk]

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

 

[AndyOrch]

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.

[Gracelands]

2 hours ago, dx100uk said:

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

sorry getting a bit confused now  CRP? cant find that to send.

 

As post #10 already sent CCA AND CPR31:14 ON 26th.

[dx100uk]

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.

[Gracelands]

 

2 hours ago, dx100uk said:

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

yes sent it  think you had a swap around with your R & P that's what confused me sorry.

[dx100uk]

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

[Gracelands]

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

[Gracelands]

Hi no further correspondence from Evergreen or emails from moneyboat so I guess they are sitting back waiting to see if the above defence goes in on time ?

 

G

[AndyOrch]

let me check it properly tomorrow.

[Gracelands]

Thank you very much appreciated.

[AndyOrch]

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.

 

 

[Gracelands]

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

[AndyOrch]

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

[Gracelands]

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

[AndyOrch]

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. 

[Gracelands]

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

[AndyOrch]

 

[Gracelands]

Thanks Andy

Will this outfit be accepting mediation or are they know to go for the full amount at small claims court?

 

Thanks G

[dx100uk]

they will mediate i'm sure.

 

[Gracelands]

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

[AndyOrch]

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.