disputing amount on claim form

[rubytwoshoes]

claim recived from Money Boat today dated
acknowledgement of service NO

Particulars of Claim are as follow:
1 By regulated credit agreement made in writing between parties on XX 12 2018 the claimant agreed to advance the sum of £200 and the defendant agreed to repay the said sum together with interest over 4 instalments
2 In breach of the agreement, the defendant failed to pay the agreed instalments and the account was placed into default on XX 04 2018
3 Despite repeated request for payment the sum of £286.91 remains due and outstanding.
4 The defendant therefore owes the claimant the sum of £260.77 including charges and interest for missed payment
5 the claimant claims under section 69 of the county courts act 1984 the sum of 260.77 and also interest up to the date of judgement at the rate of 0.71p per day

summary of amount claimed

amount claimed £260.77
court fee £25.00
legal representatives £0.00
total amount £285.77


Hi I received a county court claim for £ 285.77 for a payday loan from money boat which I failed to pay as I had an accident, two surgeries and couldn’t work, once i could work i had to pay for taxis as i was non weight bearing for 6 weeks. So TBH this became the bottom of my priortiies .I only had one loan therefore cant claim unaffordability. The particulars of the claim stated are all over the place with the amounts owed. point 3 states £286.91 is owedt, whilst point 4 and the summary state that that £260 outstanding and £25 court fees – BUT i paid £74 to the loan and the default notice issued in April stated I owed £194 .
Am I right that the particulars of claim are wrong and I can defend on the fact the amount stated is wrong . Also they did not send a letter before action so I couldnt sort it out before action was taken.
I am not disputing I owe the money , I am disputing the amount. Thankfully I am now in a position to pay but don’t want to pay any more than I have to !

so should i acknowledge service and say i am defending and prepare a defence based on the inaccuracies in the POCs and the discrepency between the amounts stated on the default notice and claim form.

many thanks in advance for any advice received.

[jaguarsuk]

claim recived from Money Boat today dated
acknowledgement of service NO

Particulars of Claim are as follow:
1 By regulated credit agreement made in writing between parties on XX 12 2018 the claimant agreed to advance the sum of £200 and the defendant agreed to repay the said sum together with interest over 4 instalments
2 In breach of the agreement, the defendant failed to pay the agreed instalments and the account was placed into default on XX 04 2018
3 Despite repeated request for payment the sum of £286.91 remains due and outstanding.
4 The defendant therefore owes the claimant the sum of £260.77 including charges and interest for missed payment
5 the claimant claims under section 69 of the county courts act 1984 the sum of 260.77 and also interest up to the date of judgement at the rate of 0.71p per day

summary of amount claimed

amount claimed £260.77
court fee £25.00
legal representatives £0.00
total amount £285.77


Hi I received a county court claim for £ 285.77 for a payday loan from money boat which I failed to pay as I had an accident, two surgeries and couldn’t work, once i could work i had to pay for taxis as i was non weight bearing for 6 weeks. So TBH this became the bottom of my priortiies .I only had one loan therefore cant claim unaffordability. The particulars of the claim stated are all over the place with the amounts owed. point 3 states £286.91 is owedt, whilst point 4 and the summary state that that £260 outstanding and £25 court fees – BUT i paid £74 to the loan and the default notice issued in April stated I owed £194 .
Am I right that the particulars of claim are wrong and I can defend on the fact the amount stated is wrong . Also they did not send a letter before action so I couldnt sort it out before action was taken.
I am not disputing I owe the money , I am disputing the amount. Thankfully I am now in a position to pay but don’t want to pay any more than I have to !

so should i acknowledge service and say i am defending and prepare a defence based on the inaccuracies in the POCs and the discrepency between the amounts stated on the default notice and claim form.

many thanks in advance for any advice received.

Acknowledge the claim and then gather some information before deciding your plan, why pay anything at all unless you have to?

Is the claimant the original lender of the loan?

1. Acknowledge Claim
2. CCA Request to the claimant with a £1 cheque or postal order bearing "CCA 1974 STAT FEE ONLY" on it.
3. CPR 31.14 Request requesting copies of regulated credit agreement, notice of default on XX 04 2018
4. Subject Access Request Letter to the original lender requesting full copies of all information they hold on you including statements of the account.

Once they respond you'll be able to see if they have taken account of the £74 payment, but more importantly we'll be able to see if they have the goods to actually win a claim against you and what defence to file.

After defending the courts will recommend mediation, so you will have the chance at that stage to negotiate a settlement that would not be a county court judgement against you, so you have nothing to lose by following the process right now.