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

[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

 

 

[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

[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

[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

[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

 

[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

[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  

[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

[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

[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

[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.

[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.

[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

[Gracelands]

Thank you very much appreciated.

[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

[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

[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

[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

[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

[Gracelands]

Hi hope you are all well.

Just a quick update on this case, I have not heard anything since returning the N180 form that was sent to courts and Evergreen which had to be returned for 04/01/21. Over 2 weeks now and no correspondence from evergreen acknowledging the sent documents or the courts to say what happens next? Just wondering if there is anything that i should be doing or do i just sit tight and wait for the courts to reply? Nothing added on MCOL either? Any advice would be appreciated.

 

Thanks G

[Gracelands]

Hi I have spoken to my County court and forms are in on both sides. I was have been informed that the status is stayed at the moment waiting for this to be sent to the judge to see if this is for allocation so i assume that this is in the system back log??

 

Thanks G

[Gracelands]

Hi dx hope everyone are safe and well.

I have had nothing from the courts and no letter communication from either Moneyboat or Evergreen!! But I did receive an email from Money boat on 30/03/21 saying 

"Thank you, your payment of £1.00 has been received, (I take it that this will be the £1.00 postal order sent to them that they have used for a payment??) You have 1 payment remaining £££££ Please contact us if you have any queries.

 

any thoughts dx

 

Thanks G