Jump to content


  • Tweets

  • Posts

    • If you do get a letter of Claim and or Pre Action Protocol pack 15. Where there has been non-compliance with a pre-action protocol or this Practice Direction, the court may order that (a) the parties are relieved of the obligation to comply or further comply with the pre-action protocol or this Practice Direction; (b) the proceedings are stayed while particular steps are taken to comply with the pre-action protocol or this Practice Direction; (c) sanctions are to be applied. 16. The court will consider the effect of any non-compliance when deciding whether to impose any sanctions which may include— (a) an order that the party at fault pays the costs of the proceedings, or part of the costs of the other party or parties; (b) an order that the party at fault pay those costs on an indemnity basis; (c) if the party at fault is a claimant who has been awarded a sum of money, an order depriving that party of interest on that sum for a specified period, and/or awarding interest at a lower rate than would otherwise have been awarded; (d) if the party at fault is a defendant, and the claimant has been awarded a sum of money, an order awarding interest on that sum for a specified period at a higher rate, (not exceeding 10% above base rate), than the rate which would otherwise have been awarded. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct   .
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • Thanks all! My wife was driving at the time (took our daughter to get new school uniform) and I wasn't there so I'm not sure what the signage was actually like, but yes, Parkopedia says 2:30, so it's barely over that. I will check it out with her when she gets home later, I haven't even told her about this yet as she'll probably be quite upset. So - likely my best response at this stage is to just wait it out until a Letter Before Claim arrives?
    • check mcol does it state DQ N180 sent to you? if it does then: https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148 3 copies yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket) 1 wit you Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally') the rest is obv 1 to the court 1 to their sols (omit phone/sig/email) if no sols send to claimant 1 for your file   dx
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • 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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Wonga writing off debts - can you claimback what you have already paid if they do?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3128 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Afternoon All,

 

I am sure everyone has seen the news about Wonga writing off peoples debts, but question takes it a little bit further.

 

I am in arrears with Wonga and I am coming to the end of a DMP where I have been paying them off.

 

The initial loan was for about £600, and after all arguing and trying to sort things out with them nearly £2000 was added.

 

Can I claim that back ?

 

I not holding my breath though:smile:

 

Any opinions ?

 

Cheers

 

Graham

Link to post
Share on other sites

  • Replies 62
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I doubt very much they will return monies to anyone who has managed to pay back their borrowing. If I understand things correctly, they have only been ordered to write off any debt that has monies outstanding for those accounts that they would not have lent to under the new lending criteria.

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

Link to post
Share on other sites

I am more that happy with the fact I have to pay the principal back and a fair amount interest, I just object to the amount they charged.

 

I would pay £600 + £400 interest, and have the other £1000 back.

 

That would be fair I would have thought

 

I will approach them about this after the 10th and see what happens.

Link to post
Share on other sites

I think u got the wrong end of the stick graham I was not having a pop, quite the opposite what I was stating was why should u not be entitled to all the lot back if u should not have been lent the money in the first place in your credit rating was pants before u you took the loan out.

 

If people are now getting their loans written off because they should have not been lent it under the new lending criteria, what is the difference to people like yourself regardless of your dmp, in fact they have screwed you even more with the extra interest

especially if your credit rating was pants before u you took the loan out.

 

Certainly worth a try, I would be rattling their cage now.

 

good luck

Link to post
Share on other sites

My understanding is that consideration is indeed being given to Wonga refunding inappropriately extended loans that had already been repaid. Think I heard that on R4 Moneybox. Someone else will no doubt confirm/refute.

 

I'm in a minority in being baffled at the extent of the sympathy currently being dished out to ppl who chose to accept Wonga's TCs then screamed foul when the co. invoked them. I even see many "victims" openly boasting in the press that they obtained their loans fraudulently - i e supplying false income details.

 

Wonder when all the credit card providers will be refunding the huge huge amounts they granted customers by way of automated credit limit increases with no affordability checks whatsoever. The sums involved at Capital One and MBNA alone must be staggering. Wonga are very small fry in comparison.

Link to post
Share on other sites

That oleg is just the reason that credit checks need to be done to sort out the chaff from the weed, people who either can or cannot afford their repayments then they would not be able to obtain their loans fraudulently, but Wonga are not stupid they knew that they would get far more business by not doing the necessary credit checks and the money coming in would far out weigh that which was obtain fraudulently and even then they wouldn't lose out, Wonga have only themselves to blame, sheer GREED that what it was.

 

If they want to be a responsible lender, do the necessary credit checks undercut the banks interest rates for borrowing instead of inflating them 1000% then everyone's a winner.

 

Tinks

Link to post
Share on other sites

Hi Tinkerman,

 

 

Its ok I knew you were not having a pop, I was just sharing my thoughts and expanding a little on my earlier post :-)

 

 

I think I will start drafting some sort of letter to Wonga, it might take some time though, got to get it right first time.

Link to post
Share on other sites

I wrote to Wonga yesterday asking for details on all loans I'd ever had from them and the amount paid in interest for each. Also QuickQuid.

 

Thankfully, I'm out of the cycle I was once in. I never missed a payment to Wonga or QuickQuid though. I had 79 rollovers and repeat borrowings from QuickQuid and probably a similar number from Wonga. For QuickQuid I think that equates to around 28k of interest paid - absolute madness, but after initally getting into the cycle, it's hard to get out of and they know it.

Link to post
Share on other sites

What I cannot figure out though is surely this new ruling by the FCA must apply to all payday lenders and not just Wonga, but yet nothing been said about the rest of them? because lets face it they have all been at it, some allot worse than Wonga or is this just the quite before the storm do you think!

Link to post
Share on other sites

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

 

maroonedevo found this link which seems to have answers to a lot of questions.

 

James31.. 79 rollovers ?? Sheesh.. !!

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

Link to post
Share on other sites

I'm in a minority in being baffled at the extent of the sympathy currently being dished out to ppl who chose to accept Wonga's TCs then screamed foul when the co. invoked them. I even see many "victims" openly boasting in the press that they obtained their loans fraudulently - i e supplying false income details.

 

Taking out a loan you can not afford is no different than eating worms to survive when trapped in the wilderness.

 

Trust me, once you haven't eaten for a couple days you'll agree to absolutely everything.

 

Of course it doesn't solve anything in the long term (long term for people who are hungry is as little as 3 - 4 days),

 

 

but there will be underfloor heating fitted in hell before I stop feeling pity for the single mom who took out a pdl

she knew she couldn't repay to buy food for her kids after the bank stole her money with bank charges.

 

If you really want a depression click this link: http://www.trusselltrust.org/stats

 

 

Compared to 2008 foodbank use is up over 3000%.

 

Of course there where also cases of people abusing the absence of thorough checks for fraudulent purposes instead of survival,

but those people usually just supplied a stolen identity during the application,

so they are never asked to repay either way,

 

 

its how one of the most unscrupulous lenders to ever grace our shores bit the dust (MCO Capital),

its also why there used to be plenty of stories on TV about Wonga asking people who never had a loan to pay up.

 

And we should be very careful to not confuse the two groups of people.

  • Haha 1
Link to post
Share on other sites

if you look at the FOS website and the decisions database and do a search on payday, you will see there is already a fairly strong case of irresponsible lending being built up with most of the cases being upheld due to unaffordability. The wonga story I think sets a massive precedent now though and i believe it will hard for any of the payday lenders to argue about affordability practices of the past - i believe some of them will be looking at settling claims like wonga to make it a least-worst option but the majority of smaller ones will simply go out of business and i doubt there will be any re-dress. Having experienced nearly all of the payday lenders at some stage, wonga were definetely one of the better ones - when you think of the behaviour of the likes of minicredit, it is astonishing they were allowed to get away with some of their practicesjames31- i had something like 50 rollovers with moneyshop which i thought was impressive but you have set a new record lol. whatever the rights and wrongs of payday lending, no one can argue that allowing people to rollover to the volume of 50-70 times is anything but a profit racket. desperation makes people do funny things...

Link to post
Share on other sites

Has anybody actually heard from Wonga yet ?

 

 

I have spoken to a few people and nobody has heard a thing.

 

 

They stated that everyone would hear by the tomorrow, so they seem to be cutting it fine.

Link to post
Share on other sites

Has anybody actually heard from Wonga yet ?

 

 

I have spoken to a few people and nobody has heard a thing.

 

 

They stated that everyone would hear by the tomorrow, so they seem to be cutting it fine.

 

They certainly are - they are supposed to have written to everyone affected by tomorrow, the 10th. So either the postman will be very busy delivering these or else they will have failed to adhere to the timeline.

 

I understand that people are still waiting on the last issue regarding compensation for the fake solicitor letters !

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

Link to post
Share on other sites

I have just received an email this evening telling me that my debt has been written off - Woo Hoo

 

 

Now to claim the interest and charges back.

 

 

Wish me luck

 

Did you actually pay anything towards the charges?

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...