Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #1
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    Angry Keyes Whitlock / Payday UK

    I took a Small payday loanicon out before I lost my job. Could not pay back at the end of the month so called PayDayuk and spoke to a really nice lady and forgot to get her name. I explained that I have no income at present and asked if they would allow me to repay in small installments until I finally get my Jobseekers paid (3 months processing clain BTW) or secured employment. She agreed to defere the "Payment" with no extra interesticon for an extra month AND I said I would give them a call as soon as I can pay. I was relieved and found them really helpful.

    Well Yesterday 14th September, Exactly 3 months after I made my claim for JSA, I got a Payment of approximately 500. Great I said, Just going to pay my some bills and get some Essential items like Baby milk, Nappies etc. n treat the Missus to a chinese! NOPE! Card gets declined so I check online to find out that PaydayUK or Keyeswhitlock (their debt collectionicon dept) have taken 437.00 from my debit card.

    Barclaysicon Bank
    I called the bank and asked them to stop payment and they said they would and it would be back in my account by close of business that day. Sure enough it was. So I paid some of my household bills etc.

    Today (15th September), I noticed that I was 190 overdrawn. Surely not! Check my statement online to find that the Payment had been made to Paydayuk, putting my account overdrawn. I have a no agreed overdraft and nor do I want one. I called the Bank again today and they state that it will be some days before they can investigate the transaction and that I need to speak to the company. CAN THE BANK AUTHORISE A TRANSACTION WHERE THERE ARE CLEARLY NO FUNDS AVAILABLE?

    I already had agreed to pay by installments and when I called Keyes Whitlock today asking for a refund, They said that there was no record of me contacting them whatsoever, and the phone numbers I gave them I could not be contacted on. Well I spose thats correct as I gave my work numbers, and Work mobile number. The Mobile phone went back to the company when I left. They also state that they could not contact me at home and I discovered there was an error in the order of the digits. Its not a mistake I am like to make, getting my own number wrong.

    They were unhappy to help me as they have the money and the file is closed END OF!

    This is my situation:
    Overdrawn
    Today I am 190 overdrawn - I dont have an overdraft and I cannot understand why this transaction was authorised. If i go into Dixons and buy a laptop on my card without funds in my account the bank would decline the transaction. Why is this transaction any different? Apart from the fact that I did not authorise it. Why did the Money get refunded and then taken out again without BARCLAYS noticing it?

    JSA Payment
    I have signed on today and will be expecting a payment soon. But the payment will not cover the UNAUTHORISED OR WELCOMED overdraft and this will lead to several weeks on No money again! Bearing in mind that My 13 month old and 9 week old daughters, my partner and I have had no income since june. I have asked "Belfast" for a counter giro to be issued at my local jobcentre but as always, they dont call back when they say they would. (More Delays). A counter payment would prevent exceptional Hardship. HOW DO I GO ABOUT ARRANGING THIS URGENTLY?

    Housing Benefit
    I am expecting my first Housing Benefit Payment to be paid next Monday and there is no way I want to borrow any of that Money as it is rightfully due to my Landlord who is the worst kind of person you can meet (Landlord Harrasment). CAN I ASK FOR THE HB TO BE PAID DIRECT TO LL?

    PAYDAY UK
    I was stunned today to be told that there was no record of any communications despite the fact that they had stopped charging me interest on my account as the Lady on the phone said she would. All they said was that it was My first transaction with them and they tried to call me.... Erm! AT WORK. but as I informed them, Or so I thought, that I was not there anymore, I would update them and make an offer of regular payments. Imagine my surprise when I find they have taken the whole amout without my knowledge.

    Not willing to give a refund as there was No contact and they could not get hold of me. Also as they made "no mistakes", they could not help me but referred me to the Customer Relations Team. Thanks! As a safety measure I have cancelled my debit card and now I have to change all my details with various organisations which is time consuming.

    BUYER BEWARE
    PAYDAY UK asked me to provide ID. I provided my Driving licence and Debit card as proof of ID. I did not provide that Information so they could take payment in one go after I had "attempted to make an arrangment to pay via installments." The advisor confirmed that the payment would not be taken out in one hit and I trusted her that that was the case.

    When contacting your bank about any unauthorised transactions, state you do not have any knowledge of the company etc. If you do the bank will just ask you to complete a form so they can Investigate.

    If you do get into difficulties, contact them ASAP and ensure you get everything in writing. As a safeguard, Block the debit card and request a new one. That way they cant take funds from your card.

    It never rains but it pours.....


  2. #2
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    Default Re: Keyes Whitlock / Payday UK

    Let the bank know you are on benefits, they are NOT allowed to take money from you when you are on benefits.

    You also need to get a parachute accounticon, the Post Office do one and so does halifaxicon, complete with online banking facilities.

    I would also write to Trading Standards about their practice of taking money out when you haven't authorised it. Sadly it is common with these companies.

    You now need to 'loose' your card so they can't take any 'remainder' they deem owed to them.


  3. #3
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    Default Re: Keyes Whitlock / Payday UK

    Quote Originally Posted by sillygirl1 View Post
    Let the bank know you are on benefits, they are NOT allowed to take money from you when you are on benefits.
    They already know and have done for some time.

    Quote Originally Posted by sillygirl1 View Post
    You also need to get a parachute accounticon, the Post Office do one and so does halifaxicon, complete with online banking facilities.
    I am wise to that now and have applied for Both. I though the whole idea of having a Basic account was to prevent overspending especially with Money I dont have. Seems not. I have never had or needed an overdrafticon in 22 years of Banking.

    Quote Originally Posted by sillygirl1 View Post
    I would also write to Trading Standards about their practice of taking money out when you haven't authorised it. Sadly it is common with these companies.
    Dont get me wrong! They helped me when I needed it, but as I cannot prove my contact in any way, they are playing by the book! Shame they cannot offer any Discretion relating to my circumstances.

    Quote Originally Posted by sillygirl1 View Post
    You now need to 'loose' your card so they can't take any 'remainder' they deem owed to them.
    Cancelled my debit card and ordered a new one.

    How can the bank authorise a 400 transaction yet bounces my 19 monthly car insuranceicon??

    It's a very interesting place being "Unemployed". Yet as soon as I start my new position in oct, I am going to kick some but through the courts.

    Thanks for taking the time to reply.

    Limo


  4. #4
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    Default Re: Keyes Whitlock / Payday UK

    Just noticed something and I'm hoping it might have a bearing:

    KeyesWhitlock sent out a letter dated the Monday 7th Sept (See image).

    The Letter was received on Monday 14th Sept 2009 remembering there is a Postal dispute. Two days AFTER KeyesWhitlock take Payment from my card.

    The Letter partly states:

    In an attempt to have this matter resolved prior to referral, we are in a position to discount the amount outstanding by up to 25%, providing you make contact with us to discuss payment terms within the next 7 days.
    Surely if KeyesWhitlock have offered me 7 days to contact them if order to resolve the matter, then they should at the very least wait for those 7 days to elapse before even attempting to take the payment as this leaves no option for discussion as per their own invitation.

    Would anyone be inclined to agree with me?

    Limo

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    Default Re: Keyes Whitlock / Payday UK

    Unscrupulous companies like this are interested in only one thing - money - and they do not care how they get it. It is a mistake to expect them to act reasonably.

    If nothing else, this story illustrates why CAGicon tells people not to speak to creditors or DCAs on the phone. Keep everything in writing.

    Do you have a copy of the loan agreement that you could post up after removing personal details? You'll need to use photobucketicon or similar - the image above is too small to read.


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    Default Re: Keyes Whitlock / Payday UK

    thats why it is never a good idea to use a DDicon with these ****my companies

    PGH7447


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  7. #7
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    Default Re: Keyes Whitlock / Payday UK

    Keyes Whitlock are collecting the debt ? Can you post up the letter so it is bigger ? use www.photobucket.com if need be (free)...

    Keyes Whitlock are doing the debt collecting ? If i'm not mistaken then Keyes Whitlock although part of MEM Finance do not seem to have a licence to collect debts....I think you should query this with the OFT...



    Event Details

    Licence Details:


    Licence/Application Number Licence Status Applicant/Holder Name 0539935 Current MEM Consumer Finance Limited
    Event Details:


    Event Number Event Type Date of Receipt Closed Date Status 24 Renewal 19-Jul-2008 07-Oct-2008 Completed
    Licence Event Details:

    RoleNameActionLICENSEEMEM Consumer Finance LimitedAdded / RetainedOfficerAjay Kumar JindiaRetainedOfficerDenn is Hamilton JamesAddedOfficerIain David McKenzieRemovedOfficerIai n David McKenzieRetainedOfficerJo hn Clifton DavisAddedOfficerJohn Douglass WheelerRemovedOfficerMr Dennis Hamilton JamesRemovedOfficerMr Peter George CoutrosRemovedOfficerPete r George CoutrosAddedOfficerTara Louise Owen GlenRemoved
    Address TypeAddressActionCorrespo ndenceWitan Gate House, 500-600, Witan Gate West, Milton Keynes, Buckinghamshire, MK9 1SH, United KingdomAdded / RetainedPrincipal Place Of BusinessTalisman Business Centre, 11, Talisman Road, Bicester, Oxfordshire, OX26 6HR, United KingdomAdded / Retained
    Trading Names:

    NameActionKeyes Whitlock & CompanyRetainedLoan LoungeRetainedMoney BridgeRetainedMonth End MoneyRetainedMy Payday LoanRetainedPayday Loans UKRetainedPayday NowRetainedPayday UKRetainedThe Payday StoreRetainedThree Month LoanRetained
    Categories:

    CategoryActionConsumer creditRetainedConsumer hireRemovedCredit brokerageRetainedCredit reference agencyRemovedDebt adjusting/counsellingRemovedDebt collectingRemovedProvision of credit information services, excluding credit repairAdded



    Licence Number:0539935
    Licence Status:Current

    Current Applicant / Licensee:

    Business NameCompany Registration NumberMEM Consumer Finance Limited4786727

    Categories:

    Consumer credit Credit brokerage Provision of credit information services, excluding credit repair

    Right To Canvass Off Trade Premises:Yes


    Trading Name(s) (Current):

    Keyes Whitlock & Company Loan Lounge Money Bridge Month End Money My Payday Loan payday loansicon UK Payday Now Payday UK PDUK The Payday Store Three Month Loan

    Issued Date: 20-Jul-2003
    Date Maintenance Payment Due: 19-Jul-2013


    Legal Formation:

    Body Corporate (incorporated inside UK)

    Current Individuals that run the organisation:

    NamePositionAnna Marie McCrarren Iain David McKenzie John Clifton Davis Joseph Basil Fejes Peter George Coutros Richard Randolph House Jr

    Historic Individuals that run the organisation:

    NamePositionain Daviod McKenzieOFFICERAjay Kumar Jindia Dennis Hamilton James Iain David McKenzieOFFICERJohn Douglass WheelerDirectorLaura May Dane Mr Dennis Hamilton James Mr Peter George Coutros Richard David AbbottDirectorTara Louise Owen GlenOFFICER

    Current Organisations that run the organisation:

    NameCompany Registration NumberPositionShoosmiths Secretaries Limited03206137

    Nature of Business:

    Credit Agreements/loans (linked)

    Current Address(es):

    Address TypeAddressCorrespondence Witan Gate House, 500-600, Witan Gate West, MILTON KEYNES, MK9 1SH, United KingdomPrincipal Place Of Business11, Talisman Road, BICESTER, Oxfordshire, OX26 6HR, United KingdomRegistered OfficeWitan Gate House, 500-600, Witan Gate West, MILTON KEYNES, Buckinghamshire, MK9 1SH, United Kingdom

    PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

    DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk...65-legislation

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    Thumbs down Re: Keyes Whitlock / Payday UK

    Copy of the agreement And the letter they sent on the 7th of Sept 2009.

    Having spoken to Sarah in the Customer relations team today PAYDAY UK are still standing firm that they have a right to take the Money from my account. I agree that but its the circumstances in which they have taken the money from my account.

    I have suggested that the letter sent on the 7th sept inviting me to contact then to secure a payment plan was without foundation as they took the Money anyway. The response was that the computer is setup to do that automatically. I made it clear that I had been given false hope and that I felt it was grossly unfair to take away any possibility to discuss.




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  9. #9
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    Default Re: Keyes Whitlock / Payday UK

    33653% APR !!! I'd like to stick that in front of a judge and get him NOT to say that it is extortionate and unfair !!!

    PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

    DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk...65-legislation

    IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

    I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

    IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.
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    Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.
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  10. #10
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    Default Re: Keyes Whitlock / Payday UK

    i'd say 10 per letter is a penalty charge and doesn't reflect the true cost of sending a letter !!!

    PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

    DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk...65-legislation

    IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

    I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

    IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.
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    Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.
    If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.


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  11. #11
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    Default Re: Keyes Whitlock / Payday UK

    If you keep talking to them on the phone, they'll keep waffling to you.

    We can help you to deal with them, but there's no point in people taking time to advise you if you are intent on making it difficult for yourself.


  12. #12
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    Smile Re: Keyes Whitlock / Payday UK

    Quote Originally Posted by ScarletPimpernel View Post
    If you keep talking to them on the phone, they'll keep waffling to you.
    Agree but the conversation was recorded in full and all parties aware. Including introductions and Job titles. They called me!

    Quote Originally Posted by ScarletPimpernel View Post
    but there's no point in people taking time to advise you if you are intent on making it difficult for yourself.
    In what way? That is your opinion and you are entitled to it, but it is my honest opinion, I wanted to ensure that I was making my feelings known and that I intented to take the matter further.

    I appreciate the help and advice! Now who should I bring this to the attention of? I have complained to "Whoever they are", in the first instance. Who Next?

    Thanks

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  13. #13
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    Default Re: Keyes Whitlock / Payday UK

    You can only take the practical steps as you've been advised like having a seperate account etc....
    There are only so many places you can complain to like the OFT,trading standards,financial Ombudsmanicon, info commissoner & so on.....
    The only place left to go beyond all of that is your own legal action through the court system etc..


  14. #14
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    Default Re: Keyes Whitlock / Payday UK

    Complaints to DCAs by telephone are meaningless, even if recorded, if you want to achieve anything and/or intend to take the matter further. Unless only for personal use, you have to tell the other party; even then, DCAicon's will usually deny everything.

    fosicon will only accept a complaint when you have gone through the DCAs complaint procedure; every DCA is obliged to have one, and to send a copy on request. These procedures invariably involve putting your complaint in writing.

    How you feel is, to a DCA, irrelevant - except where they can exploit it. It may make you feel a little better, but it won't effect the outcome, and ultimately it will leave you feeling frustrated and angry. The main weapon in the DCA's arsenal is telephone contact; as long as you are talking to them, they think they have the advantage. Many of the telephone techniques used by DCAs are designed to play upon the emotions. Only by making them communicate in writing will you be able to get them to stick to fact and obey the rules - and you will have a paper trail that can be used to back your complaint.

    If they call you, simply refuse to answer their security questions, tell them you don't discuss personal matters on the phone, and tell them to put whatever they want to say in writing - and then hang up.

    In this particular case, where the DCA appears to be undertaking unlicenced activity, I suggest that this is even more reason not to engage with them - just report them to Trading Standards.


  15. #15
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    Default Re: Keyes Whitlock / Payday UK

    Does anybody have the phone number for Keyes & Whitlock.

    Have been ringing/emailing PaydayUK constantly and can't seem to get anywhere so going to go direct to them. Any advice? x


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    Default Re: Keyes Whitlock / Payday UK

    Am in a similar situation, was called by someone from payday uk recently, we eventually agreed to pay in instalments as I'm struggling and then they went and took the whole amount out of my account this week.

    Contacted them to explain that I need that money and they said my account was being managed by Keyes & Whitlock, have been given a phone number, haven't called it yet but it is: 0800 0750 728


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    Default Re: Keyes Whitlock / Payday UK

    Have just spoken to Keyes Whitlock, got an 'adviser' with very poor english who explained to me that because one of my payments didn't get paid on the date we'd agreed, the day after they took the account 'off hold' and therefore the system automatically takes the full amount.

    I explained that I need that money minus my 60 agreed payment to live this month as my hours at work have been cut and she said "well unfortunately the account is now closed. I do understand, yeh, but there's nothin' I can do. The account's now been settled"


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    Default Re: Keyes Whitlock / Payday UK

    Is there a T & C in your contract that says that this action will be taken?

    "To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

    Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

    If you do PM, make sure to include a link to your thread as I don't give out advice in private

    BB 13 - DCAs/banks and solicitors 0.


    I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

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    Basic Account Holder Pete T Novitiate

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    Default Re: Keyes Whitlock / Payday UK

    any one got repayment planicon done with them so far been nightmare but will not give up.


  20. #20
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    Default Re: Keyes Whitlock / Payday UK

    I feel so sorry for every single person who has commented on this page.

    I used to work for MEM consumer finance AKA payday uk/Keyes Whitlock.

    The practices involved in them taking money is disgusting.

    Did any of you know the agents receive commission if they take your payment that is overdue.

    I have now left the company thank god and I want to share things about them with everyone.

    If anyone needs any questions answering, I will be happy to oblige and answer them honestly and fairly.

    Thankyou, and again I am really sorry to all those affected by the [problem]ming gits.



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