Hi,

I can't deal with this yet I'm not in a great place right now but I may want to challenge it or I may be forced to fight it if proceedings are brought.

I believe I may have taken out a payday loan and gave them debit card details linked to a current account.

I had agreed no overdraft facilities

When the the payday people tried to take funds there were none available but the bank decided at that time or on a repeated attempt to allow money to be debited

This happened more than once and the debits seemed to be random amounts as if the payday lender was seeing what would be allowed eg on one day there was four debits of different amounts

This was despite no money being in the account and with overdraft charges / fees being applied massively

In the end it went up to over £1000

There is now a default from the bank, 'settled' plus a separate default from what I assume may be a buyer

How dodgy is this?

I know two defaults is wrong but how can a bank allow card payments without an overdraft agreement from me and then because of their decision add loads of fees and default me despite my complaints

I seem to recall a number of years ago there was in the news a case won against banks for (unauthorised?) overdraft fees? Could that be relevant?

Thanks for any advice

If the debt has been assigned then its normal to have 2 entries ...who is the Bank and which PDL lender?

Andy

I thought they just changed the name on the default? Otherwise it's two distinct defaults for one debt?

Halifax and maybe WageDay?

No its two entries for the same agreement/debt...the OC will fall off shortly

On my credit file it appears to be two distinct defaults and they've been on there for years

EDIT: oh I've just checked on Noddle and the H alifax is now under the closer tab and doesn't mention a default ignore that bit :o

Hmm but on equifax there is a halifax entry that is a default (settled) and then there is also a separate account for the debt buyer with a default

doesn't double harm you

Was this your only payday loan?

Sorry Andy didn't see this - I don't think it was my only one at the time

Also may I ask

- how does statute barring apply to current accounts

- is the cause of action and thus the activation of the 6 year countdown from when an account becomes overdrawn without an overdraft agreement or is it something else?

Thanks

The cause of Action is normally calculated form when the The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974 is served......but if they fail to serve this within a reasonable period I advise its from the last time you deposited accounts paid direct debit or withdrew...plus 2/3 months.

Thank you

Another if I may:

for a credit card default notice:

if it states that account balance is X and credit limit is Y is there a reason the payment due should be less than X minus Y?

I.e. the payment due wouldn't take the balance under the credit limit it would still be above it?

Thanks!

so they can charge more unlawful £12 penalty fees!

Is it still a proper default notice if the payment requested doesn't take it under the credit limit?

yes

start another thread in the forum of the oc and lets look

This was for a friend so I'll advise them to, thank you dx

Thank you

 

Another if I may: for a credit card default notice: if it states that account balance is X and credit limit is Y is there a reason the payment due should be less than X minus Y? I.e. the payment due wouldn't take the balance under the credit limit it would still be above it? Thanks!

You also have the next months interest being applied...so if your struggling and close to your limit.....you are on the credit card merry go round and become the creditors best friend:wink: