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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Pay Day Loans - damage to your future credit rating


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Thanks for that marooned, it answers the question - can you please provide a link to the quote :)

 

https://www.wonga.com/help/historical-debt-collection-issue-redress

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Any advice I give is honest and in good faith.:)

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:) Thanks marooned

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hmm, amended or removed?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hmm, amended or removed?

 

Good question..

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

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1: How can BCOBS protect you from your Banks unfair treatment

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Hmm, amended or removed?

 

Wonga is currently in discussions with credit reference agencies over what action can be taken, if any, to amend borrowers' credit files. The three credit reference agencies, Equifax, Experian and Call Credit, need to agree a universal approach – but discussions are “complicated” said a spokesman for Call Credit.

 

“What Wonga have agreed to do is admirable but that is a decision driven by their lending criteria,” he said. “How an individual has subsequently managed that debt is a completely different thing and it is too early to say whether this historic data [such as arrears] could just be erased altogether.”

 

Experian said: “It’s essential that people’s credit reports reflect the facts and we are working with Wonga to help ensure this is the case.”

 

Equifax said: “Wonga and Equifax are in discussion about the future of data sharing, but Wonga does not currently share its data with us.”

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Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Any advice given by the unregulated CRAs has to be taken with a pinch of salt - we all know how bad they are at actually reflecting the FACTS and that they love 'passing the buck' when they, at the end of the day, are partially responsible for the financial mess this country is in.

 

I still cannot get any info out of them without having to supply documentary evidence for the last five years, and even then they 'cannot guarantee' to give me all the information as it is 'commercially sensitive' so therefore I am stuffed for getting credit for a long time to come.

 

Why WE have to pay to get OUR information is still a mystery, but of course this alleged 'debt industry' exists to feed on misery and poverty and doesn't really help anyone other than itself.

 

Rant over for today!

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SG, have you sent Subject Access Requests to the CRAs ?

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Uploading documents to CAG ** Instructions **

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Wonga is currently in discussions with credit reference agencies over what action can be taken, if any,

 

It's the last two words that bug me !!

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Wonga is currently in discussions with credit reference agencies over what action can be taken, if any, to amend borrowers' credit files.

 

Even if there would be a decision to fix the wonga mess ups on peoples credit records it would probably still be quicker to just sit it out until it goes away six years down the road. Why? Wonga simply isn't the fastest company around, just look at what happened with the premised compensation for the fake lawfirm letters, not a penny has been paid yet, just letters being sent with stuff written in them along the lines of "bla bla excuses bla bla please give us 12 more weeks".

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I certainly would not disclose any closed credit accounts that were not on my credit file, as the information is only held for 6 years. They are relying on you to furnish them with this information, just the same as credit companies don't give 'reasons' why credit is declined I personally fail see why anything over 6 years old is relevant.

 

Anyone with half an idea on any major credit application, would assure that any searches are at minimum and any negative credit history has reached the end of its 6 year life before applying for anything.

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Well Ive decided to take my concerns to the FOS.... Im assuming they'll reply with the "tough, you took out the loans etc..." line but I made a point of highlighting that as per my credit card, I have ONE account with Wonga which realistically should reduce the amount of multiple entries, plus I have highlighted that their false claim of "improving my credit chances" has crippled any chance of me remortgaging my property (I have not missed 1 payment of my mortgage in 10 years but my current lender still wont touch me because of the PDL entries)

 

I shall keep you updated with the response.

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  • 1 month later...

I've been rejected twice this week when trying to remortgage. Both The Skipton Building Society and NatWest refused because of Payday loans on my credit file. The last one was over 15 months ago.

PDLs are apparently advising that the repayment of a PDL within the contractual period will help your credit rating. This appears to be inaccurate.

 

Main stream lenders are viewing the use of a PDL or short term loan as a negative. That at some point you have , even temporarily, had a financial hiccup.

 

Have you taken out a Pay Day Loan - repaid it within the contractual period and now find that you have been denied mainstream lending at preferential rates, or has your mortgage application failed because in the past 6 years you have needed to find short term borrowing.. fast !

 

Please post a summary of your situation below.

 

Most of the articles I have found, warning of this problem, are from 2012

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  • 1 month later...

OK so an update to my PDL saga. After taking out a second PDL with Wonga I was informed a few weeks later that under the new guidelines I would not have been accepted for the loan. This despite a gleaming credit file with no late payments or defaults. Wonga informed me that I would have to pay no interest on the PDL, and after its repayment it would be removed from my credit history.

This was completed by Wonga very quickly and no trace of the PDL shows on my credit file. I then contacted Wonga about my first PDL taken out in January 2014 with the sole purpose of improving my credit score as advertised. Which we all know to be inaccurate now.

After a shirt email exchange Wonga infromed me that they couldn't remove the loan from my credit history as they have a duty to report factual and accurately all such information????

Which then ask the question why did they delete the second PDL from my credit report?

I am continuing to have contact with them but feel I have hit a brick wall with them now as they just repeat the same message regarding the first loan.

If anyone has any idea how to progress with this, address to write to or experience in dealing with Wonga please let me know.

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  • 2 months later...

I have 13 separate entries for Wonga for previous pdl's which I am hoping to get removed after reading this thread. I was sent an email recently about one of my last loans being refunded and the CRA being informed. "We are working with the relevant credit reference agencies to remove records relating to this loan from your credit report. We will make best endeavours to complete this in three to four weeks. This will be done automatically and there is no further action required from you. "So if I wouldn't of passed the affordability check on that surely that stands for the previous loans?Also it would seem they had changed there email and dropped the credit file improvement text here's mine from Oct 2012wonga.com "Payment reminder for your wonga.com loan Hi We hope you found your wonga.com loan useful. We know life can be hectic, so this is a reminder that we'll be collecting your repayment of £246.41 from your debit card on 23 Oct 2012.We'll collect the amount that you owe from 5am on the promise date using the debit card details you've provided. If we can't collect the full payment when we first try, we'll make further attempts to collect the money from your debit card on more than one occasion, either in one payment or in several varying amounts, on a continuous basis until the amount you owe is repaid. We may do this over a period of time.If you're aware of any changes in your circumstances which might mean we can't collect the full payment from your card, you need to contact us immediately - at least one working day before the collection date.We hope you found wonga.com easy to use and that we may be of service again in the future.Best wishes,The Wonga Teamwonga.com"

 

 

"I feel sorry for people who don't drink. When they wake up in the morning, that's as good as they're going to feel all day.”

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  • 4 weeks later...

Good morning

 

Can anyone tell me if they have had any success with quickquid or payday UK as I've just had two mortgages refused because of payday loans and would like to forge ahead with more letters to them as they are refusing removal of any entries whatsoever. Many thanks in advance.

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You won't have any joy with removal of the entries as you did take the loans out. They 'cannot lie' to the authorities. The best you can do is wait for them to fall off.

 

I don't know of anyone who has just had an entry removed because it is detremental - you need a very very strong reason for that to happen.

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  • 3 months later...
My credit is now destroyed because of a payday loan! I am not even sure if I can rebuild it!

 

Start a new thread with the full history of this, john and maybe we can help :)

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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