Jump to content


  • Tweets

  • Posts

    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 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
      • 160 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 debt assigned to Portfolio Recovery - written off?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2951 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

I know this thread is a bit old but thought I'd pitch in with today's events.

 

I had a wonga loan - probably about 4yrs old if I'm honest. No payments made, loan sold or transferred to pra. Not exactly chased for the debt after I told them a while ago to go forth and multiply when they rang and caught me at a bad time. Can't honestly remember how much they claimed I owed. Verbally disputed the amount a few times etc.

 

Today, I had an email from wonga to say my debt had been written off due to the new affordability rules!! They have recalled the account from pra and removed the default from my credit file. Bonus!!

"In this situation, you know what you have to do? Just keep swimming, swimming, swimming." Dory - Finding Nemo.:wink:

Link to post
Share on other sites

  • Replies 60
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I had the same email from Wonga yesterday and my debt which was sold to PRA has been written off. This comes after they rejected my complaint in January stating they carried out appropriate affordability checks.

My complaint was with the FOS and the adjudicator found in my favour after Wonga didn't respond to them. I was awaiting the final decision from the Ombudsman. I'm pleased the debt has now been written off, but annoyed with Wonga for fobbing me off for so long and they ignored the FOS as well.

Link to post
Share on other sites

Hi

 

Do any of you know how much of a percentage your loan was to your stated income? Wonga have not written my loan off stating that if they had carried out the correct affordability checks i would still have been accepted. I find this hard to believe as i received a loan that was over 80% of my stated income, surely this cant be affordable. My complaint is still with the ombudsman so fingers crossed, it would just be helpful to know what they class as 'affordable' and if they are being consistent with the loans they are choosing to clear.

Link to post
Share on other sites

  • 3 weeks later...

Sorry I've left this thread for an incredibly long time but... SUCCESS!

 

My Wonga loan has been written off and I will also receive a small refund.

 

There is hope, you just have to fight for your rights. I am lucky that I am now in control of my finances and have a small amount of debt that will be cleared in a matter of months. Don't give up, the hardest bit is the initial tackling then all you do is have to let it play out. Your future self will thank you. I'm sure that could be worded much better, but you catch my drift.

 

Thanks CAG! :)

Link to post
Share on other sites

Happy days, mine has also been written off this week. After getting the ombudsman involved it turns out my loan was not affordable, even after Wonga had (very rudely) advised that it was using a whole lot of excuses that made no sense.

 

Id definitely recommend people to use the ombudsman and not to take Wonga's response as final.

 

:)

Link to post
Share on other sites

  • 5 months later...

To all affected above,

 

Please check your credit file I was affected however the default was not removed from my credit file then to add insult to injury they refused to remove the default.

 

See my threads I have taken a claim to court under the data protection act principle 4 accuracy.

 

For no good reason the defendant has delayed remedial action in removing the default, it took 7 months from the date of write off to get default removed. This was only once proceedings were commenced.

Link to post
Share on other sites

  • 3 months later...

I too, on 4th April 2015, was told by wonga I would not afford the loan under new rules and so they bought it back from PRA in Feb 2015 and have wiped it from my credit files, which indeed they have.

 

I'd suggest anyone whose loan hasn't yet been written off/bought back to keep pursuing it.

 

I was a student at the time, but did have an income. It was probably affordable at the time ( I just ran into bother afterwards), though I've no idea what their criteria are.

Link to post
Share on other sites

  • 3 weeks later...
To all affected above,

 

Please check your credit file I was affected however the default was not removed from my credit file then to add insult to injury they refused to remove the default.

 

See my threads I have taken a claim to court under the data protection act principle 4 accuracy.

 

For no good reason the defendant has delayed remedial action in removing the default, it took 7 months from the date of write off to get default removed. This was only once proceedings were commenced.

 

Hi apologies for jumping on an old thread however you may be able to help me.

 

I received the write off email in Feb 2015. My account had been sold to PRA. I checked recently and the Wonga default is still registered s1 year later so is another from PRA for the same account! I have written to both companies to sort that however what i would like to know is this -Did Wonga remove your default entirely or did they just place it in a satisfied status with a zero balance?

 

Thanks

Link to post
Share on other sites

Hi All,

 

Have had my debt written off :whoo:although I had to chase WONGA to confirm after it dissapeared from credit file. To be honest wasn't expecting it to be resolved so quickly.

 

I think the flood gates are about to open for others

 

Did teh deafult get removed from your credit file or did it stay with a balance of £0?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...