Email SS before you're due to default and ask them to set up a repayment plan. Obviously due to you being on JSA now the offer of payment should be ONLY what you can afford. Secure your bank account. We've heard it plenty of times that PDL company's have raided people bank account and left people with unauthorised overdrafts. Advise the bank that your account has been compromised and they are NOT to authorise any payments to SS. SS will probably come back shouting and stamping and kicking their feet.... Any of this, come back here and tell us! We can advise best on how to deal with this. So, for starters! Get your finances secure! If you do not protect your money, SS will possibly take every last penny from your account and still claim you owe them a fortune!

This thread is almost 14 months old isthistheend!

£400 would be a realistic amount. I don't know what they charge per £100 but usually around £25 with most payday loan companies. I'd be looking at settling at around £400 (original loan, plus 1 months interest + 1 default charge. Have motormouth purchased this debt? Or are they just collecting on behalf of UB?

Hi Marty. At the top of the page there should be a link to start a new thread. Do this and give us as much information as possible on the loan (how much, when you defaulted, payment due date etc) this avoids hijacking this thread and will give you your own unique advice. Regards BM

Hi ashlee! You're right to reassure your sister. Debt collection agency's are toothless tigers! They will likely shout their mouths off and threaten to come round and torture your next door neighbours cat unless you pay them straight away. If they phone your sister, tell them "in writing only" and simply hang up. Don't engage in any conversation with them and don't answer any of their security questions. Some DCAs do employ doorstep collectors. It's rare, but they MAY turn up. They can simply be told to leave, and if they refuse to leave, call the police. They are not bailiffs and can not remove goods. How much was the payday loan with WDA? How much has been added to it? What is the total amount the debt now stands at? Which Dca are involved? Do you know if they are just attempting to collect the debt or have they purchased this debt? All this will be needed of your sister wants advice on how to move forward and deal with this. Regards BM

I'd be very surprised if LTSB offered you the loan. I should imagine your credit file is shot to bits by now. Why did Gregory Pennington drop you? Did they give you a reason? With all that unsecured debt and the monthly management fee Greggles charge I'd have thought they would have wanted you on their books for the duration! Try CCCS or Payplan (one of them I think changed to step change, can't remember which one though) I don't know what to suggest with Llyods TSB. A friend of mine got invited to a review where she was told that they could offer a consolidation loan only to be turned down on the day. I think the way forward is to get in touch with one of the debt charities or CAB. Have you made arrangements with the PDL company's?

Don't think it's an error. They can only offset any payment against arrears I believe. The guys that know a lot more about it will be along shortly. When I was in arrears with barclaycard (only £100 I think) they took the £100 and refunded the rest to me.

Lol. It's fine on the word document. I don't know why it pasted like that onto here :/ Cheers. I'm just about ready to get it all sorted and then it's time for *gulps*...... ...... Bundle research :/

As above. Some original agreements state that it MAY cost you if the oc has to employ a 3rd party Dca to recover the debt. I'd get in touch with the OC and make arrangements with them to pay and ignore the 2 bit DCA.

Cold callers!! Just ignore. For debt advice come here, or CAB! BM

Fair play to you The more people who complain to the regulators the better! BM

Hi jan. Do you have all statements for all accounts? BM

It's worth a try! I do think though that the main stumbling block could be that you knew about these charges when taking out the loan. Yes, £19.50... Pure profit, it costs nothing to do a fast transfer. There's another lender, think either mr lender or 247 moneybox that also promise to send funds instantly for about the same price, OR you can opt out and have your funds the SLOW way.... The funds arrive instantly also... Unfortunately tried and tested lol. £5.50 for a debit card early payment? Haha! That's laughable. I do think that you will possibly be fighting a losing battle. If fees like this were added without knowledge then you'd have a good unenforceable argument. Because these stupid fees are explained upfront, it's those of us that have willingly paid these fees that have a screw loose... Good luck regardless! Any investigation carried out on these PDL company's can only be a good thing!

Slick you're an absolute star!! Will amend that now and sort everything out

Thanks Slick. Yeah, got my court fees guide here so know where I am now! Would you have a quick look at 18 onwards on the POCs? Do they look ok to you? Regards BM

Wonder if somebosy would have a quick look over my POCs and tell me if I need to add anything or take anything out? Regards BM PARTICULARSOF CLAIM 1.The Claimant entered into an agreement (“The Agreement”) with theDefendant on or around **/**/****, whereby the Defendant was toadvance credit facilities to the Claimant under a running creditaccount, Account no **************** ("The Account"). 2.The Agreement essentially consisted of the Defendant providing theClaimant with a credit card (“The Card”) which would allow theClaimant to make purchases and receive cash advances on credit. Inreturn the Defendant was entitled to charge interestat the published rate. 3.The Agreement was a Regulated Agreement for the purposes of theConsumer Credit Act 1974. 4.At all material times the contract was subject to the Defendant’sstandard terms and conditions which could be varied from time totime. Summary 5.Throughout the course of the Agreement, the Defendant has addednumerous default charges to the Account for the Claimant’s failureto make the minimum payment on the due date and or for exceeding thecredit limit and or if a payment is returned. (Full particulars areset out in schedule 2). 6.The default charges were applied in accordance with the standardterms of The Agreement which were: a)A penalty payable on breach of contract and thus unenforceable:and b)An unfair term under the Unfair Terms in Consumer ContractsRegulations 1999 (“The Regulations”) and therefore not binding onthe Claimant. 7.The Claimant is accordingly entitled to repayment of the sums wronglyadded to the Account. TheCharges 8.The standard Terms of the Agreement in substance provided asfollows: (a)The Defendant would provide the Claimant with the Card. The Claimantwas entitled to use the Card to make purchases andreceive cash advances up to a credit limit (“the Limit”) set bythe Defendant. The Defendant could unilaterally change the Limit bygiving the Claimant notice in writing. (b)The Defendant was entitled to charge interest on the purchases andcash advances at the published rate. ©The Claimant was to pay the minimum payment of 3% of the amount owedor £5 (whichever was the greatest) by the due date as notified inthe monthly statements. (d)The default charges May 2006 – July 2006 were £20.00, December2006 – Present are £12.00 Penalty 9.Theamount of the Charges exceeded any genuine pre-estimate of the damagewhich would have been suffered by the Bank in relation to theClaimant’s transgressions. 10.In the premises the Charges were punitive and a penalty and thusunenforceable at common law. TheRegulations 11.Atall material times the Claimant was a consumer within theRegulations. 13.At all material times the terms of the Agreement providing for theCharges were unfair within regulation 5 of the Regulations in thatcontrary to the requirement of good faith they caused a significantimbalance in the parties' rights and obligations to the detriment ofthe Claimant. 14.Without Prejudice to the burden of proof, the Claimant will refer tothe following matters in support of the contention that the terms areto be assessed as unfair as at the time of the conclusion of theAgreement, and of each revision to the Standard Terms. (1)Theterms relating to Charges were standard terms; they would not beindividually negotiated. (2)TheCharges were a penalty for breach of contract. (3)TheCharges exceeded the costs which the Bank could have expected toincur in dealing with the exceeding of the credit limit, late paymentor returned payment. (4)Accordingly the Charges were a disproportionate charge incurred bythe Claimant for their failure to meet their contractual obligationand thus within the ambit of Schedule 2 (1) (e) of the Regulationsand indicative of an unfair term. (5)As the Bank knew, the Charges were of subsidiary importance to thecustomer in the context of the Agreement as a whole and would notinfluence the making of the Agreement. (6)As the Defendant knew, the Claimant had no means of assessing thefairness of the Charges. (7)In the premises, the effectof the Charges would be prejudicial to the customer who incurredthem, and cause an imbalance in the relations of the parties to theAgreement by subordinating the customer’s interests to those of theDefendant in a way which was inequitable. 15.Without Prejudice to the burden of proof, the Claimant will contendthat the terms’ imposing the Charges are not core terms underregulation 6 of the Regulations and relies on the followingmatters. (1)The assessment of fairness does not relate to terms which define themain or core subject matter of the Agreement. (2)The assessment of fairness does not relate to the adequacy of theprice or remuneration as against the goods or services supplied inexchange (in other words, whether or not the relevant services werevalue for money). (3)The Charges are correctly described as default charges by theDefendant in the key information provided to new customers. 16.By reason of the said matters the terms were not binding underregulation 8 of the Regulations. 17.The Defendant wrongly applied Charges to the Account totalling some£***.** between **/**/**** and **/**/****. Particulars appear fromSchedule 2. 18.On **/**/**** the Claimant demanded repayment of the sums wronglyapplied. 19.On 1**/**/**** The Defendant wrote to the Claimant to advise that theDefendant could only partially uphold the complaint made. TheDefendant explained that their records shown that the Claimant wascharged fees at the higher rate of £20 in the period prior to 01August 2006 before The defendant reduced its fee to £12 followingthe publication of the statement by the Office of Fair Trading. 20.The defendant refunded the £8 difference charged on fees applied tothe account before August 2006. The refund was made up of 1 x £8refund of late fees charged, 1 x £8 refund of over limit feescharged and 2 x £8 refunds of returned payment fees charged, Refundof interest charged on fees totalling £***.**. This refund wasappled to the Claimants Credit Card account. 21.On **/**/**** The claimant wrote to the Defendant accepting therefund of £***.** as Part Settlement. 22.On **/**/**** The Claimant demanded repayment of the sums wronglyapplied and asked the defendant for a response within 14 days. 23.on **/**/**** The Defendant stated that they are satisfied thatcharges of £12 are in line with their actual and estimated costswhich are incurred and comply with relevant legislation andguidance. Andthe Claimant claims; (1)A declaration that the sums totalling £***.** have wrongly beenapplied to the Account. Some of these charges are older than thenormal 6 years but are claimed by virtue of s32 (1) c Limitations Act1980 as per Kleinwort Benson v Lincoln City Council. (2)Payment of the said sum of £***.00 and interest in restitution of£****.** as per Sempra Metals v Inland Revenue Commissioners. (3)Interest under section 69 of the County Courts Act 1984 at the rateof 8% per annum on the amount claimed (daily rate of £0.**) untiljudgment or sooner payment. (4)Court costs of £100 Ibelieve that the factsstated in these particulars, comprising of x pages, aretrue. Dated Signed Schedule1 FromBarclaycard Conditions in force (as of Dec xxxx). 3.Credit limit Fromtime to time we will work out your credit limit and tell you what itis. 5.Repayments eachmonth you must make a minimum payment. This will be; (a)3%of the statement balance for Initial Visa, First Classic and Classicand 2% of the statement balance for Gold Barclaycard and BarclaycardPlatinum or £5 whichever is more; or if the statement balance isless, the statement balance; or (b)Ifa special promotion allows you to put off making repayments for aperiod, the amount worked out under (a) but with the relevantpromotional balance taken away from the statement balance. Theminimum payment must be received by us and paid into your account onor before the payment date. Schedule2

Just out of interest.... Which PDL company is it? Yeah! Fingers crossed for you

OK! I think... I've finally got my POCs done! Quick Question! When it comes to court costs... I know I'm going to have to pay £95, Do I add any further court costs? an estimation of future costs if it gets that far?

They've possibly discontinued because you submitted a defence. A lot of PDL company's do this! They were probably hoping that you didn't acknowledge or defend so they could get a judgement by default! Advisable though to speak to somebody at mcol to confirm this. Regards BM

Wow!! That was quick! Well done

Hey slick thank you! I'm off work for a few days so will have a good look at POCs. Tomorrow and maybe pop back here and ask for you to look over them for me

Hey becstarloo! Any update?

Ok. BC have wrote back to me basically telling me to sod off... Told me that £12 charges are fair lol. They also said that they told me this in august 2012 and I have 6 months from that date to take it up with the ombudsman. So. It's finally time for POCs! Will be reading through this thread and maybe asking for some more advise bow I've finally got my bum in gear! Just a quick ask... Is it a definite No No to do these claims through mcol? Last time I was motivated I went to my local County court for the forms and they told me I'd be better doing it via mcol. I've read here though that mcol is not the way to deal with these claims. Tia BM

Ok. If you're going to struggle with opening a new bank account, cancelling any CPAs that PDE may have set up with Barclays should be enough to protect your finances. You need to do this in writing, the best way is to print off 2 copies of a letter for Barclays cancelling continuous payment authority take them into branch an get a cashier to stamp one copy and hand it back to you. Mini credit, you could do it all at the same time! Telephone harassment, doorstep letter and "sod off with your extortionate amount you claim I owe". Have a good read around these PDL forums here, I'm sure I've seen people recently challenge these amounts and get them back down to loan amount, plus interest and a default charge. I think I'd be looking at dealing with simply be and marisota the same way. List all of your unsecured debt and the amounts you owe each creditor and the money you have left to pay your unsecured debts and pro rata the payments. I'd ask the catalogues to freeze interest as a gesture of goodwill whilst you are in a payment plan. A side note for the catalogues.... I know you've got a lot on dealing with the PDLs but... All those £12 penalty fees/fines/charges are reclaimable! Something to consider. There's lots of help an advice on how to get reclaiming. I nothing else it could substantially lower the debts if you've had loads of charges over the years. There are template letters here and all over the Internet for "self managed debt management plans", it might be worth including all of your unsecured debt in your own self managed plan an writing to all company's offering payment pro rata this way.

Would like to see that letter! Can't believe they'd be stupid enough to leave a paper trail of something as stupid as that! Are you able to post up a copy of that letter on this thread minus personal information? (name, address, reference numbers, barcodes) Use dx100 instructions below set your default scan page size to A4 less than 300DPI [150 will do] scan the required letters/agreements/sheets - as a picture[jpg] file don't forget you can use a mobile phone or a digital camera too!! ' BUT...... ENSURE: remove all pers info inc. barcodes etc using paint program but leave all monetary figures and dates. ************************* ************************* ******* {DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS] try http://www.pdfescape.com TO BLANK STUFF, ************************* ************************* *********** or DO IT IN MSPAINT.EXE or any photo editing program goto one of the many free online pdf converter websites ... http://freejpgtopdf.com/ if you have multiple scans/pics put them in a word doc FIRST and convert that to PDF or use http://www.pdfmerge.com convert existing PC files to PDF [office has an installable print to PDF option] .. it would be better to upload a multipage pdf if you have many images too rather than many single pdfs . or if you have PDF as an installed printer drive use that or use word and save as pdf try and logically name your file so people know what it is. though dont use full bank names or CAG in the title i'e Default notice dd-mm-yyyy TSB . open a new msg box here hit go advanced below the msg box hit manage attachments below that box hit the add files button on the top right hit select files, navigate to your file on your pc hit upload files