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

[Gracelands]

That’s what I was thinking just keeps it around my neck and it’s not gone away? What do you make of them informing me that I have made a £1.00 payment that also seems strange ?

[Gracelands]

I understand it won’t go anywhere until won or lost but don’t understand how they can say I made a £1 payment on the account when it was a postal order for CCA request? or am I missing something? I guess I just sit and wait until something happens. 
 

Thanks G

[Gracelands]

Wow dx now that’s a coincidence that this has just been discussed in the last 2 day and I have just had an email reads as below!! this is now confusing me??

 

Dear .........

 

We trust this letter finds you well.

Although we are obliged to send you this notice, if you are currently in an agreed repayment plan with us, there is nothing to be concerned about and you can disregard this notice as it refers to your originally agreed payment plan. Your current plan has not changed and will continue as agreed. 

In the event that no agreement is currently in place to repay your balance, we strongly advise that you contact us in order to come to a mutually agreeable repayment plan.

NOTICE OF ARREARS

Missed payment regarding your Credit Agreement, dated 9th March 2020

Your Agreement, reference number: [145239] ("the agreement")

 

On the basis of your original payment plan as per your loan agreement, you have an arrears balance of £448.35.

 

This is a Notice pursuant to the Consumer Credit Act 1974 that you are in arrears with your payments under the Agreement.

Default Sums and Interest

You may have to pay default sums and interest in relation to the missed or partly made payments referred to in this notice. Please contact us if you would like further details. This notice does not take account of any payments received after the date of the notice.

 

and so on ..........

 

Any thoughts please?

 

Thanks G

[Gracelands]

I understand fkofilee but I have had a look back and this is now a new default claim amount? as stated in post#18 i made a £150.13 payment on the account which was not taken into account by Moneyboat and they were claiming the full PDL amount of £600?? Now this is revised it now shows my payment taken of £150.13 taken off plus the £1 postal order that was sent for a CCA request!!! that they emailed me to say that i had made a payment on the account??

 

I think they have got themselves in a mess and now trying to get their house in order!!!

Any thoughts please.

 

Thanks G

[Gracelands]

Ok dx thanks that’s put my mind at ease I’ve got a lot happening at the moment sorry. I will post up when I get anything else.

 

thanks G

[Gracelands]

Hi everyone just to inform you that I have had a letter today which is notice of transfer of proceedings?

 

To all parties 

 

this claim has been transferred to the below county court hearing centre for allocation. On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details of the judges direction will be sent to you in notice of allocation. 
 

Any advice will be welcomed.

 

Thanks G

[Gracelands]

Hi thanks for the reply.
Yes my local court. Do I wait for confirmation from the judge what will be my next steps I’m nervous now and got a lot going on at the moment and my head a bit fried. 
 

Thank G

[Gracelands]

Thanks Andy I will post up once I have completed directions

 

Thanks G

[Gracelands]

 

On 03/06/2021 at 22:32, Andyorch said:

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

 

Andy

Hi latest update is that i am still waiting to hear from my local court. Is it normal to take this long? If all goes through and a date is set is there any mediation options as i am worried that i will have court cost to pay which will not help my situation?

 

Thanks G

[Gracelands]

Hi just to give an update on the ongoing case.

 

I have attempted to contact my local court for a number of weeks now to inform them that i have still not had notice of allocation. I have made numerous phone calls and the lowest I have been in the queue is 425??

 

sent a few emails and last Friday had an email response say that they will get back to me with any information as soon as they can but are very busy. MCOL history is states claim sent to local court 2nd June.

 

Thanks G

Edited September 14, 2021 by dx100uk
spacing

[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

[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

[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

[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

[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

[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

[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

[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

[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

[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

[Gracelands]

Hi everyone

Just that this was done and dusted but i have just revived this email from Moneboat "notice of arrears"?? Looks like they have started the same claim all over again but for a different amount i'm taking it this amount will include the first payment i made on the loan which they did not adjust when making the court claim???

 

Notice of arrears.pdf

 

Any advise welcomed

 

Thanks G