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jamezon

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  1. No it wasn't that. Although that example goes to show how certain finance companies like to operate. From memory the FOS upheld our complaint but were unable to overturn the default as it had been legitimately issued. The debt was ultimately settled and that particular vehicle was traded in due to a faulty Aircon pump.
  2. It has happened before with another firm, that's why I think it!
  3. Just a minor update, contacted the money adviser and the extent of their advice was to ignore it. Not sure that fills me with confidence- would rather they consulted with the creditor rather than leaving me sitting waiting for a possible chap at the door or court summons.
  4. I take it Moneybarn just have to wait to get their arrears through the DAS? And they can't take any other kind of enforcement action?
  5. Worryingly it has just come to light that my finance is a conditional sale agreement. The advice I am now receiving (from the debt charity) is that this should not have been in the DAS at all (they insisted it was included at the time)? Going from bad to worse. Any ideas what next?
  6. In January 2020 I entered into a DAS (Debt Arrangement Scheme), of which Moneybarn were one of the creditors (1 month's arrears). So they have received ~40 consecutive payments monthly per the DAS for the relevant portion of the arrears. I made the last of my scheduled payments recently (monthly conditional sale/HP payment). Today I received a default notice from MB, implying they will take me to court/ attempt to repo the vehicle for less than 1 month's arrears, less than 2% of the overall finance bill. In the letter, they quote a clause 8.1.6, "the right to terminate (if in Scotland) if you become insolvent or suffer sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate", as the "provision of agreement breached". However the nature of breach is, "You entered into a DAS...approved on 11 January 2020." So, three things, 1) I do not regard a DAS as being a breach, it doesn't conflict with any of the processes listed as far as I am aware. 2) It is in excess of 3years since the DAS started. 3) Surely any Default Notice would need to be backdated to the initial date of the DAS, as nothing has materially changed since. They go onto say that I, "cannot take any action to remedy this breach of the agreement" and need to pay the full arrears amount by 11th April 2023. Is it legitimate for them to issue a default notice, essentially out of spite as they need to wait longer for their arrears? The other issue is the net value they will receive of the arrears is actually less under the DAS due to fees. Say I owed £500 arrears, by the time fees were deducted and they would only receive £400. I am in a bit of a bind as under the terms of the DAS I cannot overpay a single creditor but MB seem content to disregard the fact that the DAS has been in place (without their dissent) for some time but simultaneously use it as an excuse to attempt enforcement action? Many thanks.
  7. Getting what stopped Fletch? The debt doesn't appear on my credit file. They tried to contact me yesterday by phone. Don't know why, between that and the DN it's almost like they are unaware of the payment arrangements?
  8. Hissing snakes! Having 'partially upheld' my complaint and accepting my payment plan (at frozen interest), wageday advance in their wisdom have sent through a default notice. Surely that isn't cricket if there's an agreement in place?
  9. Why am I not surprised? Pursued Wonga to clarify their broad 'account closed' email and lo and behold they start pestering me by phone. Ignored, recently got an email saying "clearly" the best way forward is to call them. I think not... Asked basic questions, I don't need a chit-chat, just basic responses.
  10. If, for talking's sake, my credit file is marked as settled, could they STILL (or their agents) pursue the debt? I am still in the timeframe to allow a FOS complaint re. My original complaint. Can/should I specifically request Wonga confirm a)the value of the debt, b)the account number and c)that it is formally settled? I'm not overly concerned it would come back to haunt me but may well be naive!
  11. renegadeimp you are even more negative than me! It says in bold letters "you do not need to make any further payments". That's about as slam dunk as it gets if they ever tried to reopen the issue, they are not going to write it in blood! The fact they talk about refunding further payments made to the account further reinforces they debt is settled, not somehow 'deactivated'. Shall report back what change if any is reflected on my credit file when I can.
  12. Well, well, well, I wasn't expecting this... Information about your loan Dear Mr James Fojut As we look to improve our technology, we're moving to a new operating system. Your loan will not be moved to this system and, as a result, your outstanding balance has been closed. You do not need to make any further payments. We recommend you contact your bank to cancel any payment instructions, such as Standing Orders. Any amount that you repay to us from 26/11/2014 will be refunded to you. Thank you for being a Wonga customer. If you have any questions please call us on 0207 138 8330. Best wishes, Customer Care wonga.com This is an (eventual) response to when I complained to their original 'final' response, not least on the grounds it contained a couple of outright untruths. Worth being a pest as they had recently rejected from inclusion in the write-off program on 04/11/14 and then re-acknowledged my response to their's on 02/12/14. Needless to say...
  13. Aside from the recent drama, in my own personal case, Wonga updated my credit record to 'up to date' from a more negative position. This is following a couple of (small) voluntary repayments I made. Can anyone confirm if this is standard practice or more likely relating to the recent developments?
  14. I would imagine the main issue will be those not 'identified' will dwarf the number of those receiving a write-off, thus complicating any mass complaints, particularly if Wonga hold their ground.
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