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

[Gracelands]

Hi 

I have just received "Notice of allocation to the small claims track (Hearing)" which is (N157) I think, saying claimant needs to pay the £80 fee on the 27th September or it will be struck out.

 

The hearing will take place at my local court 11th October.

 

now i think i follow direction then turn up at court and put the defence forward that was submitted on MCOL?

 

I am panicking a bit now as this seems a bit daunting and I am unsure if I have enough to put to the judge.

 

I Need ask a few things.

 

1 do I take the stand in court or do I contact them for mediation before the hearing as it says that mediation must be considered up to the court hearing?

 

2. Will there be court costs added to the claimed amount if the Evergreen claim is upheld?

 

3. Will I have to pay everything straight away?

 

I have scanned redacted notice of allocation for reference.

 

NoA hearing.pdf

 

Thanks G

Edited September 14, 2021 by dx100uk
spacing

[dx100uk]

no you need to do a witness statement to be sent to the court and the claimants sols no later than 14 days before the hearing date.

 

you really should be seriously reading up here on CAG between the down periods upon how these claims work

what is next, and whats to come and how to deal with them.

 

mediation has sailed now, you are going to court.

 

use our enhanced google search box

 

claimform PDL Loan.

 

100's of threads here to help

 

 

[AndyOrch]

You must comply with Points 7 - 11......  14 days pre hearing (Monday 27th Sept ) Draft a witness statement in support of your initial defence which particularises your defence and attach any documents if you make reference to them or wish to rely upon them.

 

Quote

1 do I take the stand in court or do I contact them for mediation before the hearing as it says that mediation must be considered up to the court hearing? Mediation can continue informally up until the hearing date in view of settling the claim and yes you will be in court...not sure about a stand.

 

2. Will there be court costs added to the claimed amount if the Evergreen claim is upheld? Possibly costs of representation on the day

 

3. Will I have to pay everything straight away? Not necessarily depends what the judge orders could be forthwith or monthly payment....you can always make application to vary it to monthly if not.

 

 

Andy

 

 

.

[Gracelands]

Hi had a call today and the number is associated with Moneyboat why would they be calling this close to the court hearing? Any ideas welcomed 

 

Thanks G

[dx100uk]

to frighten and intimidate you most probably.

don't engage.

 

have you done your WS yet? needs doing in the next 7days

 

 

[Gracelands]

Thought as much dx.

No still pondering the Ws. I’ve been up and down the threads many times and can’t seem to find anything similar to what I need also nobody seems say anything about being in court?  must admit I’m very nervous as i am wondering what my goal is and how to put it across in court language

 

thanks G

[dx100uk]

see andyorch post with example

 

dx

 

s

[Gracelands]

thank dx I had a read through the example attached I will give it a go reading through it seems that my ws is similar to my defence with a few added words
I’ll use statement of my first payment and email requests for help with payments and emails stating that this payment was not subtracted from the ballance being claimed as evidence nor at anytime was it reduced from totals claimed.

 

thanks G

[dx100uk]

Adapt it ofcourse..

[Gracelands]

Thanks dx of course

[Gracelands]

 

Hi dx I have had an attempt at my witness statement just hope i have got enough in and the order sits well. Any thoughts would be welcomed.

 

In The county court AT XXXXX CLAIM NO:

BETWEEN: XXXXXXXXXXXXXXXX Claimant -

-and-

XXXXXXXXXXXXXXXXX Defendant

WITNESS STATEMANT OF XXXXXXXXXX

 

I.XXXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:-

 

1.It is admitted the defendant entering into a short term Pay Day Loan agreement for the sum of £400.00 plus 4 months interest totalling £600.48 from Moneyboat.co.uk.

 

2.It is denied that I defaulted on an “agreement”, as the Defendant has made a first payment of £150.13  towards the amount agreed to be repaid which was not been deducted or taken into consideration and the claimant continued to demand the full total amount from the agreement stated in #1. 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 and worried that it would be difficult to make a payment due to my financial situation.

 

3. It is denied I failed to abide by the Terms and Conditions of the agreement as at no point did the claimant contact myself to offer assistance to make alternative payments to which I could repay.

 

4. It is admitted that upon receipt of the claim form a CPR31.14 was issued to the claimant on the 31/012/20 and proof is included in exhibit 1.

 

Namely to show how I entered into an agreement

Show how the claimant quantified the amount claimed

 

5.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

 

6. As per Civil Procedure Rule 16.5(4), the Claimant has failed to prove the allegation that the full correct amount of money is owed.

 

7. My defence stated that the claimant failed to serve notice and it is denied that the Claimant is entitled to the relief claimed or any relief entitled.

 

I believe that the facts stated in this Witness Statement are true.

 

Signed ……………….

 

Dated on the day ……………….

 

Thanks G

[AndyOrch]

Quote

4. It is admitted that upon receipt of the claim form a CPR31.14 was issued to the claimant on the 31/012/20 and proof is included in exhibit 1.

 

Namely to show how I entered into an agreement

 

You wouldn't send a CPR 31.14 to show how you entered into an agreement...that would have to be a section 77/78/79 request.

Your statement of truth is out of date.

 

Refer to post #9 here :-

 

https://www.consumeractiongroup.co.uk/topic/330291-new-cpr-changes-applicable-from-1st-april-2013-updated-26022020/?tab=comments#comment-5065623

 

[Gracelands]

Hi dx #4 amended I will get this sent tomorrow if it’s ok?

 

any advice will be welcome  

 

In The county court AT XXXXX CLAIM NO:

BETWEEN: XXXXXXXXXXXXXXXX Claimant -

-and-

XXXXXXXXXXXXXXXXX Defendant 

WITNESS STATEMANT OF XXXXXXXXXX 

 

I.XXXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:-

 

1.It is admitted the defendant entering into a short term Pay Day Loan agreement for the sum of £400.00 plus 4 months interest totalling £600.48 from Moneyboat.co.uk.

 

2.It is denied that I defaulted on an “agreement”, as the Defendant has made a first payment of £150.13  towards the amount agreed to be repaid which was not been deducted or taken into consideration and the claimant continued to demand the full total amount from the agreement stated in #1. The claimant rejected email correspondence of a formal 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 and worried that it would be difficult to make a payment due to my financial situation.The claimant offered a confusing payment alternative that did not reflect the true status of my loan. exhibit 1 

 

3. It is denied I failed to abide by the Terms and Conditions of the agreement as at no point did the claimant contact myself to offer assistance to make alternative payments to which I could repay.

 

4. It is admitted that the claimant was issued a CCA request asking to supply me with a true copy of the alleged agreement they referred to. This is my right under their obligation to supply a copy of the agreement under the legislation contained within Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) in on the 25/11/2020

 

Namely to show how I entered into an agreement

Show how the claimant quantified the amount claimed

 

a £1 postal order also attached to the CCA request to which the claimant informed me by email that the £1 postal order was then used as payment towards the loan amount. Exhibit 2
 

5.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

 

6. As per Civil Procedure Rule 16.5(4), the Claimant has failed to prove the allegation that the full correct amount of money is owed.

 

7. My defence stated that the claimant failed to serve notice and it is denied that the Claimant is entitled to the relief claimed or any relief entitled.

 

I believe that the facts stated in this Witness Statement are true.

 

Signed ……………….

 

Dated on the day ……………….

 

 

Thanks G

[AndyOrch]

Statement of truth still out of date...refer to my last post.

[Gracelands]

hi Andy how is that reading now. Can I post this on Mondays or does it have to be there on Monday just got home and my printer is now broken hear date 11/09/21.

 

In The county court AT XXXXX CLAIM NO:

BETWEEN: XXXXXXXXXXXXXXXX Claimant -

-and-

XXXXXXXXXXXXXXXXX Defendant 

WITNESS STATEMANT OF XXXXXXXXXX 

 

I.XXXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:-

 

1.It is admitted the defendant entering into a short term Pay Day Loan agreement for the sum of £400.00 plus 4 months interest totalling £600.48 from Moneyboat.co.uk.

 

2.It is denied that I defaulted on an “agreement”, as the Defendant has made a first payment of £150.13  towards the amount agreed to be repaid which was not been deducted or taken into consideration and the claimant continued to demand the full total amount from the agreement stated in #1. The claimant rejected email correspondence of a formal 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 and worried that it would be difficult to make a payment due to my financial situation.The claimant offered a confusing payment alternative that did not reflect the true status of my loan. exhibit 1 

 

3. It is denied I failed to abide by the Terms and Conditions of the agreement as at no point did the claimant contact myself to offer assistance to make alternative payments to which I could repay.

 

4. It is admitted that the claimant was issued a CCA requestasking to supply me with a true copy of the alleged agreement they referred to. This is my right under their obligation to supply a copy of the agreement under the legislation contained within Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) in on the 25/11/2020

 

Namely to show how I entered into an agreement

Show how the claimant quantified the amount claimed

 

a £1 postal order also attached to the CCA request to which the claimant informed me by email that the £1 postal order was then used as payment towards the loan amount. Exhibit 2
 

5.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 87(1) (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

 

6. As per Civil Procedure Rule 16.5(4), the Claimant has failed to prove the allegation that the full correct amount of money is owed.

 

7. My defence stated that the claimant failed to serve notice and it is denied that the Claimant is entitled to the relief claimed or any relief entitled.

 

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 ……………….

 

Dated on the day ……………….

 

Thanks G

[Gracelands]

Hi I know you are a busy site but I have posted the last few very important messages as I will be in court in the next few weeks

 

as you can see time is of essence and I have had few cryptic replies of look for your self messages which I have tried to work out about new guidance on statement of truths but this is not something that I am familiar with

 

yes I understand this site is not here to spoon feed everyone but sometimes it feels like a cap in hand approach. I have not had any feedback as to whether my statement is going to stand or if it will be thrown away by the judge?

 

I wish I had the knowledge of all you guys that assist everyone in their time of need who ask for the guidance that is readily available here but unfortunately it’s not the case sorry.

 

If anyone could advise on my post it will be very much appreciated.

 

Thanks G

Edited September 24, 2021 by dx100uk
spacing

[dx100uk]

hey your doing fine, stop sweating, it's really no big deal, you need to understand you are what is classed as 'a litigant in person' - meaning joe public against what can be seen as a somewhat daunting judicial system, that is too your advantage.

 

IMHO thats just a reprint of your defence, it might be better to structure around something like this, whos basis is around the WS in the thread i pointed too.

 

 

 

 

WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX 

 

 

                                                                                                                             Defendant: XXXXXXX

                                                                                                                              Date XX/XXX2019

IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX

XXXXXXXXXXXXXXXXXXXXXX

 

 

BETWEEN

 

 

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT

 

 

AND

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT

 

 1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit. 

 

2. 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.

 

I accept I have in the past had financial dealings with {insert original creditor name]. That being a Loan Agreement . I do not recall the precise details of the agreement but do recall it was on or about the year xxxx.

 

After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.

 

I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request 

 

exhibits

 

(DOC 1)

A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent

xx/xx/xxxx via Royal Mail signed for and shows as received xx/xx/xxxx. Request for the following :

 

1.a copy of the default notice served under section 87 of the consumer credit act

3. Notice of assignment

4. A statement of account

 

(DOC 1A)

To date NO default notice been produced. 

 

(DOC 2) A Section 77 request was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant to date has failed to comply to my Section 77 request.

 

the defendant has failed to produce a copy of the Default notice issued by the original creditor,  as far as I can recall any breach with the original creditor would have been on or around xxxx.

 

The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.

 

(DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx

 

The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant.

 

Conclusion

 

I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action.

 

 

I also state NO VALID Default has been produced from the claimant.

 

I believe that the that the facts stated in the witness state are true

 

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

 

have you received the claimants witness statement yet...

 

the above is just musings...

 

 

[Gracelands]

Thanks dx got a lot of nerves at the moment it reassures when any assistance is given and it’s appreciated. 

I will adapt and send proof of post first thing Monday morning. 
 

Had no witness statement from claimant. Do they have to pay the court fee by Monday morning and do I check if it has been paid?

 

thanks G

[Gracelands]

Hi witness statement sent to both. checked at local court at 4pm yesterday and no court fee registered by the claimant but they said there could be a delay in the system so I will call in to the courts and check on Thursday. What happen if the court fee is not paid ?

 

Thanks G

[dx100uk]

it gets killed by an order of the judge if he issues oneand  dont comply by xxxx date

 

dx

[Gracelands]

Ok dx I will update when I had checked on Thursday.

 

Thanks G

[Gracelands]

Hi there hope you are all well. 
 

just sitting down to get my thoughts ready for the court hearing on Monday and I have opened a letter received today from the court which reads:

 

“It is ordered that In accordance with the order dated ****** and upon the claimant failure to pay the small claims hearing fee of £80 by the date specified , the hearing on the 11/10/2021 is vacated and the claim is hear-by struck out”

 

No other information on the letter so I take it I have some respite at the moment until further notice?

 

Thanks G

[dx100uk]

no you won!!

 

dx

 

[AndyOrch]

Topic title updated...well done.

 

Andy

[Gracelands]

Hi everyone

Sorry for not posting but i have been quite poorly and been off my feet but just a thanks for your assistance with this case and i will be making a donation shortly. Hopefully this post will help others in the same situation.

 

Thanks again G