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About johnindespair

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  1. I'm sure that they have a self service option on the website that allows you to set up a plan once you go into arrears. Why are they so difficultto get an arrangement with?
  2. I have been to Court on several occassions and have taken some time to look into how it works and how judges make decisions. There is no such thing as an unfair price in UK law so there is no defence that the credit is expensive. Even try to argue and unfair relationshipo would be defended with an argument that they were transparent and you knew the terms when borrowing. There are CAG posters who have been to Court for payday loans and none seem to have won their case on the basis that the credit was expensive. I would always give them a ring at least once to see how they handle your situation. If they are bullish then you can always email them again. Not talking to them is when it becomes more expensive and stressful. My advice is try them again on your terms and fight until you get the right repayment arrangement for your circumstances. How have you found Wonga so far?
  3. Are you sure that's right about Wonga? That makes no sense for them to collect their arrears by visit without giving you a ring or writing to you
  4. To be honest I imagine that these guys will probably take a sensible view of your situation. I would talk to them you have nothing to lose. If you don't at least engage with them, there is a chance that they could do what they are threatening. The reality is that they can't get blood from a stone. I have had real trouble with debts in the past, but I managed to get structured repayments with debt collectors. Leaving it tends to be the worst thing, I find. They are obviously trying to get paid as quickly as possible. I would just try and be honest, if you haven't got all the money, then you haven't got it. I would propose installments or even see if they can give a lower settlement figure.
  5. The calculations for APR are really complex, so not sure as to how to approach that. How did you sign the agreement? If you just clicked on something then it was probably by electronic signature, which is as binding as a writen one. You needed to repay by your agreed date, as soon as that past, you broke your agreement even if this meant by having an extension as an extension is not paying as you agreed to.
  6. The reality here is the agreement probably ended at the point that you had initially agreed to repay (as the date between the point that you got the cash and the repayment date was probably the "term" of the agreement) and an extension was simply offering you an opportunity to make a payment at a point later than what you had initially agreed. This would mean that once you did not pay in full on the initial date that you had proposed you were technically in breach of your agreement, irrespective of the number of extensions and their arguement will be that the extensions were simply concessions to a customer in breach. Furthermore they probably do not need to issue a Section 87 default notice as they are only suing to recover arrears and associated costs. A default notice is only required if they wish to do something that is prescribed in section 87 of the 1974 Act. As they were not terminating the agreement (as it was already at an end) and they were not recovering an asset or bringing payments forward there was no reason to issue a notice. Also the Electronic Communications Act would provide for an agreement to be digitally signed and not to require a written signature but just a time stamp so this may also be legal. What would be the chance of you just paying back what you borrowed from them?
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