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Urgent help payday account passed to solicitors


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I have been threatened with a default being issued on a payday account From WONGA.COM which i could not meet. They have issued me with an lba from solicitors called Chainey D'amato and Shannon requesting full payment or legal proceedings.

 

I dont know if i should have but i phoned them up to find out what the score was.

 

They said that if i did not pay i would be passed on to someone called the marston group and it would go to court.

 

I also have had charges amounting to about £40 for non payment fees added to the amount owed which stands at £409.

 

They said i have to pay them £204 by 31st Of this month or this action would go ahead.

Is there anything i can do to help my situation.

 

They dont seem to want to agree to smaller payments and i dont think i can make this.

 

Can anyone please give me some advice

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ok i have had a similar situatuion with my daughters account with the money shop. Send them a SAR and include a £10.00 postal order, that should slow things up their end for a bit.

 

You can come to an arrangement with them to pay off the debt of what you think is fair and you can afford. If they accept this fine if not then you will probably have to let this go to court. To be honest im encouraging my daughters account to go to court as I think alot of judges are not overly impressed with pay day loans. Im pretty new at this though so wait for some more responses before you do anything, i dont want to steer you in the wrong direction. :)

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  • 4 weeks later...

You could put in an SAR or CCA request to slow up proceedings.

 

To my knowledge being a payday loan your agreement will be valid and due for payment.

 

If you provide said firm with an income and expenditure form confirming the amount you can afford and your reasonable offer of payment then this can be produced should they ignore it and proceed further with legal action.

Rich (not LOL :D)

 

If I have been helpful please add to my reputation, if not then don't lol :shock:

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To my knowledge being a payday loan your agreement will be valid and due for payment.

.

Hmm

 

I must point out that you cannot possibly consider if an agreement is enforceable unless you have sight of the agreement

 

just because its a payday loan doesnt mean it was correctly put together

 

submit a CCA request and also make a request for information pursuant to CPR pre action protocols practice direction as there is a requirement to disclose information before proceedings are commenced and failure to comply can place them in difficulty

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  • 4 weeks later...

hi there

 

I am in the same situation now as you were in with wonga.com. I had the letters from Chaniey D'Amato and shannon. I was just wondering how you got on?

 

I have now actually managed to make them take an arrangement from me that I can afford after long persuation but I got there in the end.

 

x

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You could send this letter (recorded to the solicitors) if they are sending a letter before action - this is not a CPR request as such, but it shows your intentions....

 

Their address

 

 

date ****NOTICE UNDER CIVIL PROCEDURE RULES***

 

reference

 

 

 

 

 

Dear Sir/Madam,

 

 

This is in acknowledgement of your letter dated ................and also of .............The contents of which have been duly noted.

Further to you stressing that County Court proceedings will be actioned by yourselves should I fail to make contact/stressing that proccedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account,I remind you of Civil procedure rules protocols.

Nevertheless in my response to your letter please be advised of the following.

 

 

I put forward that you now have a requirement to provide me with;

 

 

1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

2) All records you hold on me relevant to this case, including but not limited to

 

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with........... is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

I will give you 14 days to respond with the above,failure to comply will result in a complaint being made to the Court./In addition to the FOS for any breaches of OFT and CCA codes.This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper..

Specifically this relates to one or any number of the following;

 

* demand any payment on the account, nor am I obliged to offer any payment to you.

* add any further interest or charges to the account.

* pass/sell the account or outstanding balance to any third party.

* register any information in respect of the account with any of the credit reference agencies.

* issue a default notice related to the account.

 

Furthermore,I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

I await your response,and should you need further clarification on any of the above points,then I suggest that you direct them to your legal department.

 

 

 

Yours Faithfully/Sincerely

 

 

 

 

......................... . (not to be signed) Print name

 

 

Dated..........

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Guest dvdriley

I had a debt with a Payday Loan company. I defended their claim on the grounds of extortionate interst rate. The judge did not accept it . He said I knew the rate at the time i took the loan out.

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  • 1 month later...

hi phone wonga they'll put you through as they seem to be the same company anyway. They have ent me 4 lba now eacjh time I beg them to take me to court but they wont currently im repaying £50 per month. i have lodged a complaint with the fla and am awaiting a response. i would suggest complaining to fla the more reported complaints the better.

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lasrt week i sent a letter to Chainey D'mateo and Shannon, wonga solicitors, 1st class recorded and today it has came back as addressee has gone away.

 

below is the address that i put on the letter

 

Chainey D'mateo and Shannon

 

28-32 wellton rd

 

st johns wood

 

london

 

NW8 9SP

 

is this there address that is on top of thery letter:?:

 

if so, what do i do now:?::?:

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If it is of use to anyone after reading this forum I contacted Wonga as I have been unable to contact the so called solicitors. I have cancelled my card. I told the young man I spoke to that I wish them to take me to court as I feel their charges were unacceptable. After agreeing an amount I recieved another leter with extra charges after being told it would be frozen. I asked for their bank account details which I was surprised he gave me but I did say I was reporting them to the FSa about their practices.

I have their bank details if anyone would like to contact me as I not sure if i am allowed to post them on here.

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Chainey Da'mato and Shannon debt recovery, civil litigation, investigations, process serving - is NOT a registered company - check out WebCHeck - Select and Access Company Information

 

What rules have they broken? I would like to send my co,plaint to FOS 2morrow.

The company number listed on the bottom of their letters is fake - no record at all

 

I don't think they are solicitors, i have to check letters sent again

 

there really Name & Registered Office:

QUICKBRIDGE (UK) LIMITED

28-32 WELLINGTON ROAD

LONDON

NW8 9SP

Company No. 05897177

 

another address for quickbridge is

 

Quickbridge

 

88 Crawford Street, London W1H 2EJ

p: 02074839250 same address as wonga

 

WONGA.COM LIMITED

88 CRAWFORD STREET

LONDON

W1H 2EJ

Company No. 06374235

 

not solicitors but wonga

Edited by la2006
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At the top of a letter from Chainey D'amato and Shannon is the address 28-32 wellington road... london nw8 9sp ( which is quickbridge registered address)

 

then on the bottom it say:

 

Chainey Da'mato and Shannon t/a quickbridge registered at

88 Crawford Street, London W1H 2EJ which is the same registered address as wonga

 

I searched Chainey D a'mato and Shannon - nothing came up and the company number they have given on the letters doesn't exist - 34572829

 

Wonga and Quickbridge and the creation of Chainey Da'mato and Shannon are all the same company

Edited by la2006
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Guest dvdriley

searched Chainey D'mateo and Shannon - nothing came up and the company number they have given on the letters doesn't exist - 34572829

 

is that not illegal?

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la2006,

Well done on the detective work. I have suspected this all alon but didn't know how to prove it. That is why when you beg them to take you to court they will not. I will update my complaint to the FLA.

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The Consumer Credit Act 1974 enables borrowers to challenge unfair credit agreements in court and obtain redress, if the overall relationship is unfair to the borrower.

 

How can I do this? - as Ifeel the default fees they have applied is unfair - one minutes in 35 pound then couple weeks in £50.00. In asked for information regaridng this account, they haven't sent anything but a another demand for payment - It is getting to the point when I would like to go straight ot court about this ( the FOS take there time dealing with complaint - by then the debt would be in its 1000s)

Edited by la2006
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Chainey Da'mato and Shannon debt recovery, civil litigation, investigations, process serving - is NOT a registered company - check out WebCHeck - Select and Access Company Information

 

What rules have they broken? I would like to send my co,plaint to FOS 2morrow.

The company number listed on the bottom of their letters is fake - no record at all

 

I don't think they are solicitors, i have to check letters sent again

 

there really Name & Registered Office:

QUICKBRIDGE (UK) LIMITED

28-32 WELLINGTON ROAD

LONDON

NW8 9SP

Company No. 05897177

 

another address for quickbridge is

 

Quickbridge

 

88 Crawford Street, London W1H 2EJ

p: 02074839250 same address as wonga

 

WONGA.COM LIMITED

88 CRAWFORD STREET

LONDON

W1H 2EJ

Company No. 06374235

 

not solicitors but wonga

 

yeserday i sent a letter straight to wonga.

 

it was as post 6.

 

i will let you know what happends

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have youy requested a copy of your agreement with the terms and conditions

 

Yes - to wonga couple of weeks ago by recorded delivery,

 

They just sent another demand, I would most like to see the statement of account.

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I had a debt with a Payday Loan company. I defended their claim on the grounds of extortionate interst rate. The judge did not accept it . He said I knew the rate at the time i took the loan out.

 

 

Did you include anything about unfair terms in consumer contract?

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