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    • I have done so now I will see what they say.
    • Hi all,    So long story short, I have just received a notice of debt recovery in the post from dcbl. I opened it because it was addressed to Mr. so and so (my surname but for both first and last name) for an unpaid parking charge that was given back in 2017. I looked up the number plate and the car was actually my mothers car, same initials but different addresses. I think they may have chanced sending it to my address as this is the first time I have received any letter of the sort.    Should I call them and tell them this isn't the right address or just ignore it.    Thanks.   
    • Thanks dx100uk - I'm not sure what the council will do next so will wait and see and update later if there are any developments. Thanks to all on the site for the advice. This has been hanging over my head for so long - wish I'd done it sooner.  
    • You can't really legislate for what may or not happen....get the credit and then see what transpires.   Andy
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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      • 31 replies

Moneyboat claim form received


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Hi,
All year long i have been contesting a debt with MoneyBoat, this is in regards to irresponsible lending
I feel i have a strong case... however, it has gone to the FOS and the case has not been upheld.

The final conclusion was the following...

''But, in saying this, Mr A hasn’t provided this service with any information about his financial position at the time, such as bank statements. And as I’ve mentioned above, Mr A’s credit file doesn’t show anything that ought to have caused MoneyBoat any concerns. So, without any further information, I can only conclude that while MoneyBoat’s checks didn’t go far enough, I can’t say an error has been made as I don’t know whether it would have thought the loan was affordable for Mr A. Therefore, I can’t say MoneyBoat was wrong to have provided Mr A with loan 3.''

The FOS did send me a generic email during the complaint process asking for me to send any more information that could be relevant to the case...
I did send more information and comments on the case but i didn't send bank statements.
I also replied to the FOS email asking them if bank statements would be needed or if would they make a significant difference to the case because my statements are sensitive and contain personal information.. Admittedly, i have had serious gambling problems and i did not want to send them if at all avoidable.

I did not receive a reply to this email so i did not send bank statements.
The assumption from the FOS was that the checks didn't go far enough but they can't prove it without my bank statements
They didn't really give me a fair chance to prove it, the lack of response & lacklustre response times played a part, i'm sure COVID played a part and the level of cases for payday loans is high.

The FOS will now not look at my case again full stop, despite me pleading for them to do so and asking for a manager to look at it.

Moving on, Moneyboat now realise this and have gone full speed ahead, hounding me for money via email
I have received a genione county claim form today and i am somewhat surprised they are prepared to do this but i also think they may be trying to scare me, it seems common at the moment from this company, judging on the internet.
Also, Considering they have all of my information on the case, bank statements, credit records etc, it is as plain as day, they are irresponsible lenders.
 
I need to reply to the court claim and but i have never done it before and could do with some advice on my best way to fight this fiercely ?

Does anyone have any advice on how to start my defence?
Edited by thegaffer111
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Welcome to the Forum...

 

Start by going here and copying the 1st post with the answers back in this thread.

 

https://www.consumeractiongroup.co.uk/topic/357877-you-have-received-a-court-claim-issued-in-england-wales-what-you-need-to-do/

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi,

I have been blacklisted on my other profile for no reason and i can't reply?

 

Name of the Claimant ? Evergreen Finance London Ltd

 

Date of issue – 15/12/2020

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

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. By a regulated credit agreement made, in writing, between the parties on 23/12/2019 the claimant agreed to advance the defendant the sun of £850ish and the defendant agreed to repay the said sum together with the interest over 5 instalments. I

 

2.n breach of the agreement, the defendant has failed to pay the agreed instalments and the account was placed into default 19/08/2020.

 

3.Despite numerous requests for payment, the defendant has not paid the claimant the sum of £1475ish.

 

4.The defendant therefore owes and the claimant therefore claims the outstanding sum of £815ish including charges and interest for missed payment.

 

the claimant claims interest under section 69 of the county courts act 1984 at the rate of 8% a year from 19/08/2020 to 14/12/2020 on 815ish and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 3.15ish.

 

What is the total value of the claim? 874.97
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  I'm not sure?
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No.
 

Did you inform the claimant of your change of address?  N/A

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? 

Payday/Installment loan
 

When did you enter into the original agreement before or after April 2007 ? No
 

Do you recall how you entered into the agreement...On line /In branch/By post ? Online
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes in default
 

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. original
 

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? Yes
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes
 

Why did you cease payments? 

 

Covid & Furlough was a factor to begin with but i realised they should never of lent money to me in the first place and it was a strong case of irresponsible lending 
 

What was the date of your last payment? i paid 3 out of a supposed 5 instalments.   they are chasing nothing but excess interest at this point.   March 26/03/2020
 

Was there a dispute with the original creditor that remains unresolved?.   I am still disputing, they won't entertain the facts.
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes during covid lockdown in April, no discussion of a DMP.

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35 minutes ago, dx100uk said:

 

 

This is helpful but my case is slightly different with the IRL FOS complaint process being exhausted but left on a cliffhanger of suspicion 

 

I don't know how to file my defence.

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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]

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


 

28 minutes ago, Listofblack111 said:

When did you enter into the original agreement before or after April 2007 ? No

:noidea:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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