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.

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  1. #1
    Basic Account Holder hayleyg22 Novitiate

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    Default Need some advice on disputing charges on a payday loan with payday express

    Hello,

    To cut a long story short i was forced to leave my job on medical grounds last year, at which time i had an o/s loan of 250 with payday express which i had been rollling over for months paying 50 a time. In November i emailed advising of my situation and asked them to consider a repayment planicon.

    I received a message advising they needed proof of illness, benefits, bank statements etc. I sent these but my countless emails got ignored, plus my letter sent by recorded delivery. I just kept getting the same automated message asking for the info again, so was going round in circles. In December they went and swiped 50 out of my bank account, which is a weeks worth of benefit for me - so they left me with nothing to live on despite being fully aware of my situation and state of health. I emailed them to complain and advised that i now consider the 50 to be part payment of the balance of 250 to bring it down to 200 as they were WELL AWARE of my situation but chose to ignore me.

    I then cancelled my debit card with the bank so they didn't have the opportunity to do this again. I have emailed them twice more, the last email saying i can offer 10 monthly to the balance of 200, this is my final offer and if they do not want to accept then feel free to talke me to court. I am sure any court would see 10 is excessive in my situation. They have finally emailed me today with this:



    ___________We would like to inform you that we are willing to accept your proposal for a repayment plan arrangement for the amount of 10 per month. This would confirm that you will be making monthly payments of 10 per month to clear your loan of 315.

    It would be greatly appreciated if you could inform us of the date each month that you would like to make your payments, as well as the payment method in order for us to set this up for you. Once we have confirmed this information we will send you confirmation of your repayment planicon. We will stop any further action on your account until 06.03.2012 to allow you the opportunity to reply to this email.___________________ ___________

    So finally after 2 months they have responded.. but i am not happy with paying the 315.. as by ignoring me they have simply added charges on. the last thing i want is for more charges to be added but would just like to know where i stand on this and whats the best way to go about it. My options are:

    1. Pay 10 monthly until i have paid 200 then send a letter advising i now consider the debt to be settled and to take me to court if they are unhappy with this where i will provide evidence of having contacted them etc, and expose their unfair practices and high APR'S.

    2. Advise them now that this is my intention and then risk going roung in circles again and more charges being added.

    3. Send a recorded delivery letter with a cheque for the first payment, outlining my above proposal and advising if they cash the cheque they are bound by the terms of the letter (is this legally binding??) and then if i get any further harassment after i've paid the 200 i'll be contacting a solicitor.

    Am i within my rights to dispute the amount? Any advice would be greatly appreciated, i have a long term illness and this is really not doing me any favours chasing after them all the time.

    Hayley x


  2. #2
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    Default Re: Need some advice on disputing charges on a payday loan with payday express

    Stick to YOUR repayment idea and then you have proof you are able to manage this level of repayment. They are chancing it.

    You can complain to the OFT and Trading Standards and the fosicon - all three are investigating payday loansicon and have sanctioned some companies already

    www.consumerdirect.gov.uk for the OFT
    www.tradingstandards.gov.uk for Trading Standards


  3. #3
    Basic Account Holder hayleyg22 Novitiate

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    Default Re: Need some advice on disputing charges on a payday loan with payday express

    Hello

    Thanks for your reply. So what option do you think i should take out of the above? I will definitely be complaining!!


  4. #4
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    Default Re: Need some advice on disputing charges on a payday loan with payday express

    It is your choice, I cannot advise any further, just letting you know that either option you have is a viable option. Stick to the one you know you can afford and everything should be okay.


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    Basic Account Holder asmilecostsnothing Novitiate asmilecostsnothing's Avatar

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    Default Re: Need some advice on disputing charges on a payday loan with payday express

    Hi Hayley

    Sorry to hear your problems - you are definately not alone
    Whilst for all of approx 25 loans I was not in the 'roll over trap' I know how frustrating this company are, though wow you got an email out of them - all I heard was data protection doesn't allow this form of communication when I tried the email route!
    They tried more or less same with me different figures involved though when I wound up needing to ask for a plan after the one and only time they rolled my loan, my own anguish in the end with this company alone nearly took me to another level and I long for the day they get their commupance, if I don't see my overpaymenticon of money back this will be the next best thing - again landed up in this situation because they kind of blinded me with thinking they were accepting a payment amount and a peculiar worded letter (only the plan was more a noose round my neck with a rising balance) and because if I didn't pay I was given the impression I would further be persued - whilst I find this hard to believe now back in the day I must have

    Can you see if you can get breakdown of what the charges are for?
    why there is a difference - please make sure you get this fully explained really make them spell it out

    No cheques - ask for their bank details to set up standing order or payment transfer
    Don't be afraid, pay the original owed amount and they do need reporting


  6. #6
    Basic Account Holder hayleyg22 Novitiate

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    Default Re: Need some advice on disputing charges on a payday loan with payday express

    Thanks for your reply sillygirl1 i will definitely use one of these options then

    asmilecostsnothing - The charges are for 'rolling it over' but they happily ignored my emails/letters from back in december and just kept adding the roll over charge and interesticon on. They are leeches and happy to ignore you but as soon as you are late paying it's 3/4 calls a day and numerous texts. I think it's because i mentined i a 'leaving the country in april' - only to visit loved ones but they don't know that!!!!!!!!!! Why aren't cheques a good idea? I'll go down the standing order or tranfer route.


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    Default Re: Need some advice on disputing charges on a payday loan with payday express

    A cheque will give them your bank details.

    You could also use a pre-paid debit card and load it with enough funds to pay them, they would have a job trying to raid your bank account.


  8. #8
    Basic Account Holder hayleyg22 Novitiate

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    Default Re: Need some advice on disputing charges on a payday loan with payday express

    Of course. Yep thats a good idea, thank you


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    Basic Account Holder troughmonster Novitiate

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    Default Re: Need some advice on disputing charges on a payday loan with payday express

    Hi
    I have a problem with PDE - i have an o/s loan that i cant pay back other than to ask for an installment plan - can i get some advice (by PM if preferred) about how best to approach it and also to get their bank details so I can start making payments on my terms by standing order? I have sorted out 5 other payday loanicon co's in the past, but PDE seem the most daunting from what i've read


  10. #10
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    Default Re: Need some advice on disputing charges on a payday loan with payday express

    You don't need to have advice by PM, if they are not playing ball take the following action

    Contact the two websites below and complain complain complain, they are investigating this market and need your complaint, tell them you have asked for the companies complaints procedure and they haven't provided one, tell them you have arranged things with other PDL companys and this lot are being stroppy

    www.consumerdirect.gov.uk for the OFT
    www.tradingstandards.gov.uk for Trading Standards


  11. #11
    Basic Account Holder troughmonster Novitiate

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    Default Re: Need some advice on disputing charges on a payday loan with payday express

    Quote Originally Posted by sillygirl1 View Post
    You don't need to have advice by PM, if they are not playing ball take the following action

    Contact the two websites below and complain complain complain, they are investigating this market and need your complaint, tell them you have asked for the companies complaints procedure and they haven't provided one, tell them you have arranged things with other PDL companys and this lot are being stroppy

    www.consumerdirect.gov.uk for the OFT
    www.tradingstandards.gov. uk for Trading Standards
    Thanks Sillygirl - I dont need to complain to third parties YET - i'm just really interested in who is best to contact, and to get their bank details so I can start making payments to them manually. I've been through this type of thing with others such as CFO, Wonga etc, but before I 'start the ball rolling' with PDE I would like to be fore-armed!


  12. #12
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    Default Re: Need some advice on disputing charges on a payday loan with payday express

    You DO NEED TO COMPLAIN NOW. The information you want will not be got easily therefore the company is going against the OFT Guidelines in debt collectionicon and needs to be reported.

    The more people who sit on the fence and accept the bad conduct of these companies without reporting them the more these companies will take the proverbial.


  13. #13
    Basic Account Holder troughmonster Novitiate

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    Default Re: Need some advice on disputing charges on a payday loan with payday express

    Quote Originally Posted by sillygirl1 View Post
    You DO NEED TO COMPLAIN NOW. The information you want will not be got easily therefore the company is going against the OFT Guidelines in debt collectionicon and needs to be reported.

    The more people who sit on the fence and accept the bad conduct of these companies without reporting them the more these companies will take the proverbial.
    Sorry - I'm not sitting on any fence. I've made formal complaints before about more than 1 payday lendericon, but in this case i havent even told PDE that there's a problem with repayment yet, therefore there's no complaint to make yet.I would like, if anyone can give it: a) the most useful contact/email address at PDE, and b) PDE's bank detailsMaybe i didnt make myself clear enough in earlier posts?


  14. #14
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    Default Re: Need some advice on disputing charges on a payday loan with payday express

    Part of your problem is 'anticipating a problem', there aren't the most useful contact emails for PDE, just the ones on their website, they don't provide their bank details as previously said.

    Just contact them and let them know that you are now in the driving seat and not them and this is what you are offering/expect to happen. Keep it in your own words and keep 'legal stuff' out of it. By keeping 'legal stuff' out of the loop for now you are not giving them any 'get out of jail free' cards.

    Sorry but a lot of people have been asking quite simple stuff and thinking it is more complex.


  15. #15
    Basic Account Holder troughmonster Novitiate

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    Default Re: Need some advice on disputing charges on a payday loan with payday express

    Quote Originally Posted by sillygirl1 View Post
    Part of your problem is 'anticipating a problem', there aren't the most useful contact emails for PDE, just the ones on their website, they don't provide their bank details as previously said.

    Just contact them and let them know that you are now in the driving seat and not them and this is what you are offering/expect to happen. Keep it in your own words and keep 'legal stuff' out of it. By keeping 'legal stuff' out of the loop for now you are not giving them any 'get out of jail free' cards.

    Sorry but a lot of people have been asking quite simple stuff and thinking it is more complex.
    HiI appreciate what you are saying, but the bank details to me are important - without that I cant make them a payment, as I'm not going to let them have card details. Some of the users here have those details - cant someone give them to me?Finally, should I expect harrassing calls at work? That is a worry for me....


  16. #16
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    Default Re: Need some advice on disputing charges on a payday loan with payday express

    They are not allowed to harrass you at work. Read the OFT Guidelines on Debt Collecting, link below and report each infringment

    http://www.oft.gov.uk/shared_oft/bus.../OFT664Rev.pdf


  17. #17
    Basic Account Holder troughmonster Novitiate

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    Default Re: Need some advice on disputing charges on a payday loan with payday express

    what method of paying them back are you using?


  18. #18
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    Default Re: Need some advice on disputing charges on a payday loan with payday express

    Cant you send them a cheque?


  19. #19
    Basic Account Holder troughmonster Novitiate

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    Default Re: Need some advice on disputing charges on a payday loan with payday express

    will that enable them to glean my bank details? Maybe not I suppose, as they would already have account number etc anyway


  20. #20
    Basic Account Holder asmilecostsnothing Novitiate asmilecostsnothing's Avatar

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    Default Re: Need some advice on disputing charges on a payday loan with payday express

    Whilst I hate Payday Express for what they did... another option is to walk with cash into your nearest Money Shop to pay. I didn't want to see anyone else stuggle which is why I've posted up bank details where I could (If Payday Express haven't already clicked the report button I imagine...) their correct if you would like to let the company know you are now in the know

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