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

[AndyOrch]

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

 

Andy

[AndyOrch]

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

[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.

[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.

[AndyOrch]

let me check it properly tomorrow.

[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.

 

 

[AndyOrch]

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

[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. 

[AndyOrch]

 

[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.

[AndyOrch]

patience....only been 10 days

[AndyOrch]

Check with your County Court and ask what is the status ..you filed your N180 DQ 4thJan 2021.......and have not received a N157 Notice of Allocation.

 

Andy

[AndyOrch]

You will receive the Notice of Allocation next  N157....follow the instructions contained with regards to directions.

 

Andy

[AndyOrch]

Check with your local county court ....inform them you have still not received your Notice of Allocation (N157)

[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

 

 

.

[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

 

[AndyOrch]

Statement of truth still out of date...refer to my last post.

[AndyOrch]

Topic title updated...well done.

 

Andy

[AndyOrch]

It has no bearing on the claim.......its a legal requirement to issue NOSA annually pursuant to the Credit Consumer Act 1974 as it states in the Notice.

 

Andy

[AndyOrch]

Yes forget about it, although they will still inform and try to chase the arrears..... the claim was struck out...they cant have another bite of the cherry...look up Res Judicata.

[AndyOrch]

Topic open