Jump to content

  • Tweets

  • Posts

    • I received the first signs of life from Shell Energy's "legal counsel" regarding the 1st claim and default judgement awarded against them.   I have attached a redacted copy of the letter where they indicate they look forward to receiveing a letter of confirmation.   I am confident I know why they have sent this request and more importantly how they intend to use any response.   I have prepared two options.   1. Ignore their letter (This is probably the best option).   2. Reply succinctly.     Shell Energy - Warrant of Control Response - Redacted.pdf
    • I found an old defence I used and tweaked a bit. Unfortunately I think I messed up in not asking for a statement in my cpr, while it wasnt referred to in the poc it does have the amount. There were no paragraphs and it looks like it was done on a phone or even an excel import??. I dont know if not requesting the cpr means I cant ask for proof of how they got the amount?   Is that enough about the lack of account details?, I mean my cabot ref is at the top of the page but 100% no aqua account number on here. That would surely come under having to prove    Please feel free to tweak etc. Wasnt sure how to word the s78 stuff as I didnt want to lie with it being not in default till weds.     Photo of poc is shown above to show how lacking it is in format in particular        Defence:   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2.     It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement and have sought verification from the claimant.   3.     No account details are given in the particulars of claim linking the claim to the defendant.   4.     It is denied or I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua.   5.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement and; (b) show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfill my CPR 31:14 request.   7. On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • Hi Dixon,   If you don't mind, I'm ignoring the CCJ for the moment.   I'm more interested in what you last said to the police about their failure to investigate the fraud against you commited by FTR Ltd and O'Hara.   If you don't want to post it on-thread, send it to me by PM.
    • ok not to put too finer point on the 'silly' mistake ( as in terms of you are a 'litigant in person' - joe public against the 'system') you made on your claim, there are guides on the same website about raising a claim and how to do it properly, but IMHO there should also be LiP leeway regarding this.   did you seek or read any help, as getting the correct entity to sue is quite important, the example you relate too would not be an issue, but suing a corporate entity is, they have lots of money and clever legal eagles.   i have no doubt that, by whatever way, should you rectify this error , you would be successful mind.   on another issue, have you written to apple uk retail offering to mutually settle this if they pay the price of the device or replace it and call it quits?   i will guess this is all you really wanted at the start and now at the end of the day.?   would you seriously lose out money wise if this were agreed?        
    • Parag Agrawal, Twitter's new CEO, is the latest of several Indian-Americans leading global tech firms.View the full article
  • Our picks

Yet another in a payday loan mess! **

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4412 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


Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 



Recommended Posts

Hey everybody. Found this forum after having problems with repaying my payday loans so hopefully you nice people out there can give me some advice on my situation.


Firstly, I know I shouldn't have taken them out in the first place but it's too late for that now.


I've got 3 payday loans outstanding; wonga (£450) payday uk (£350) and payday express (£250).


I defaulted with wonga last month and am now on a repayment plan with them but here comes the bad news.


I've been made reduandant so I have no income and nothing in the bank just now as the more important bills have just been paid. The wonga repayment plan and the other 2 loans are due to be repaid on the 14th and I've emailed them all explaining the situation. Wonga have completely ingored my emails and the other 2 have said pay as soon as possible as we'll see what we can do with payday express giving me an extra 7 days.


With almost a 0% chance of getting the money together, can anyone advise me of the next step(s) I should be taking regarding these companies?


Thanks in advance.

Edited by evil_scotsman
Tidying up.
Link to post
Share on other sites

Hi, Sorry to hear you have been made redundant. I hope something on the job front turns up soon.


With Wonga, keep emailing them, you will have a recorded that you have notified them of your position on various occassions so that if they come back with you havent notified us etc., etc., you have a record that you have.


Have you been down to sign on and sort out if you are entitled to help with your other main bills - mortgage/rent, council tax etc., You need to do this despite how much you may have been paid in redundancy pay, as it wont last forever. Also, you need to sign on so that you can notify your creditors that you are unemployed and registered under the Job Centre.



But just keep emailing all your payday loans to keep them updated.


We have all been in the payday loan trap and are all trying to sort it out, so you are not alone.


Can I ask how you pay your PD loans back eg: dd, card etc.,



Link to post
Share on other sites

Thanks for the quick reply.


I've been to the job centre and signed on, all the companies have got my card details so they'll no doubt be trying for the money every day until they get it.


I get the emails out again now that I've signed on, although the job centre said it takes 2 weeks for "processing" the application so the next few weeks shall be fun!


I tried to extend my overdraft at the bank last month but they refused, is there any chance they'll reconsider if I say I've lost my job etc..? No harm in asking I suppose.

Link to post
Share on other sites

Hi, glad that you have signed on.

I dont think it is a good idea to extend overdraft as it could lead to more debt.


Yio might want to notify your bank inwriting that the companies (name them) may try and get a payment from your card and under no circumstances are they to pay it.


The problem is if your money from signing on goes into your bank account, then they may put payments through to the companies if the companies you owe money to use your card.


You could report your card lost/stolen this way they will not be able to put any payments through.


The main thing is keep them all update regardless whether they get back to you and also, you will have the letter saying what you will get paid etc., if they need to proof and to see just what you have.


Any problems get back to us, there are plenty on here that can help.


Remember only offer them what you can afford and if it is a £1 then a £1 it is.



Link to post
Share on other sites

  • 2 weeks later...

just a wee update for anyone following.


I got an email from wonga to say "give us a call and we can assist you" so I replied i'd rather keep all communication in writing and there reply was


" I understand you would like to keep all responses in writing but that will take too long to settle things, I would ask you to contact me, we can discuss the account and I can then send the new arrangement to you on email."


I imagine i can ignore this and again request everything in writing.


This is after receiving an email saying "final warning" etc.


Payday express have asked me to send in proof of redundancy and I've heard nothing from payday uk.


I've also "lost" my card so does that guarantee that they can't take anything from my account as I've seen differing stories on here?


Thanks for reading!

Link to post
Share on other sites

  • 3 weeks later...

Well it's been a while since I posted but that's because not much has happened.


Payday UK just keep telling me to phone them even though I've repeatedly said written communication only. They did give a freephone number though which is surprising. Surely they can't refuse to keeping communication in written form only?


Wonga are just being awkward, they say they want to set up a plan but when I say I won't have my next payment from JSA until a certain date they say they will try not to pass on the debt to their DCA and that:


"I cant do anything to avoid further action on your account as it is due to be passed over to a debt collection agency shortly so time is of the essence"


Is it just me or is that utter rubbish?


Then when I persisted that I would have no money I got the following reply:


"I will try to keep your account with us to save you some money"


Oh, how nice of you....


Payday Express have been sending letters and saying if I don't pay within 14 days (7 days away) they will pass it on to Castlebridge Credit Management. They seem to be ignoring my emails so how do I go about dealing with them?


Thanks for reading!

Link to post
Share on other sites

Good morning Evil Scotsman and welcome,



Further to the sound advice from Bub 1 and Robjam:

  • Although less likely now you have "lost" the card there is a risk that they could still try and draw funds from it and equally that this will be successful. If not already make sure the bank are also told not to accept any attempts to take payment by any of these companies
  • I think from the three you have Wonga particularly are a bit unpredictable - many on here have managed to come to an arrangement with them but I have seen some horror stories as well. There are various contact details between members for these folk (as well as their bank details) so a well placed pm would get you the info needed to start paying them something (or at least escalate things within their organisation)
  • I would now stick to the writing/email line for all communications
  • Stick to your guns - offer what is realistic and no more, whatever they press you for
  • It might be that you could protect your JSA by advising the bank you wish to use your "first right of appropriation". Only just found this?? (so needs checking with those far more wise than me) but it would appear that under common law you have the right of appropriation over your own money and that paid to another. If your write to them in good time (I would think at least 7 days) before the payments to these firms are due with an appropriate letter advising the amount and date being paid in and what you need to "appropriate" it for (rent, living etc..) then this should provide ultimate protection against their underhand tactics. However, it is likely that your bank will (if not already) be alerted to the fact that you have some level of financial difficulty so it might be that you would need a parachute account if you went this route (subsequent overdraft or other bank charges could be subject to their "right of offset" so would only put the problem off a month and change who will cause it!).
  • Ignore any tactics like those you have listed, decline (politely) demands for I&E forms before they can agree a "repayment arrangement" - you are correct that it will mostly be utter rubbish in an attempt to persuade you to do as they say!
  • Even if the free debt management charities/services cannot assist you directly then a wealth of information there to do it yourself (www.nationaldebtline.co.uk , www.cccs.co.uk, www.payplan.com ). Combine their info with what you have from CAG and keep at them!

Best luck, hope it works out :)

MJC 007.5 :cool:


Advice or opinions offered by mjc 007.5 are personal, offered in good faith and without prejudice or liability. Your decisions and actions are your own and should you be in any doubt then please seek the opinion of a fully qualified and insured professional


:) If you think I have helped you please feel free to click on my scales :)

Link to post
Share on other sites

Good Morning,


If you are worried about them emptying your bank account etc., as you are on JSA you can ask to open up a post office account. You will get a card that you can only use in the post office, this means you can only get cash out. I dont know how you pay your other bills etc., but it may help.


Also, dont forget if you have a low income you may be able to get help with rent, council tax etc., but again this is based on total you have coming into the household.



What you must keep doing is emailing all of your loans, that way you have proof that you are trying to sort it.

Dont offer to pay them more than you can afford. You know what you have coming in they dont.


When you email you could say to them that you have proof that you have xxx amount coming in but will only supply it to them when a payment arrangement is agreed.



You will eventually get there and they will agree.

I myself have sorted a couple of mine with one still being a pain.


Just keep at it.


All of us on here are or have been in the same position as you are so we can all help each other.


Keep us informed.



Link to post
Share on other sites

  • 2 weeks later...

Well I've got some money together and sent offers to Wonga and Payday UK.


Payday Express have passed on the debt to Castlebridge Credit Management and they've phoned me and left a number for me to call but no letters from them yet so phoning them is the only way of contacting them at the moment, might give them a call tomorrow and see what happens there, does anyone know anything about Castlebridge?


As I type this I've had replies from Wonga and Payday UK. They take days to reply when you're not offering money and less than an hour when you do!


Wonga say:


"Please call me on 0847 288 5705 as we do not have standing orders or direct debits as our payment options, I would need to discuss the payment arrangement with and set it up directly, if you arte are unable to call me pls adv on when I should call you."


Do I really need to call them or can it still all be done by email?


And is the "we do not have standing orders or direct debits as our payment options" rubbish because it sounds like they just want my new card details?


Payday UK have replied with:


"Thank you for your offer of payment. Unfortunately we are unable to accept an offer of payment of this level.


We require an offer of a higher payment amount to prevent your account being passed to a specialist debt recovery company.


Please contact our collections department on free phone 0800 280 2666 and one of our agents will be happy to help."


My reply will go something like: "That's all the money I can afford due to being on JSA etc.."


The Payday UK offer I've proposed would be paid back within 6 months so are they just being awkward at the moment to see if I'll up my offer?


Thanks for reading!

Link to post
Share on other sites

Good morning,


Generally all that you have detailed below would be in line with experience of these firms - escalating threats, huffing and puffing to try and make you pay more than you can afford (wait until you get asked to ignore a priority debt to pay them :rolleyes:)


Wonga - it does seem that even with a payment plan they do "insist" on talking to you to "confirm" - should be apparent quite quickly if this is the real intent of the call and if not you can terminate the call. Refusing standing orders is bunkum there are many on here that are paying them via this method! :roll:


Payday uk - keep to your offer - as you say, this is all you can afford, polite persistance usually works!


Sure you know this but payment to these firms when plan agreed should always be via standing order, cheque (preferably not your own) or last resort postal order. Anything else (card or direct debit) and there is a definite risk (even probability) that they will try and lift funds from your account!


Keep going, you will get there :)

MJC 007.5 :cool:


Advice or opinions offered by mjc 007.5 are personal, offered in good faith and without prejudice or liability. Your decisions and actions are your own and should you be in any doubt then please seek the opinion of a fully qualified and insured professional


:) If you think I have helped you please feel free to click on my scales :)

Link to post
Share on other sites


Just reading your posts. If you look at my posts you'll see I've already dealt with my payday stuff. My advice is this

Deal with them only in wrting or alternatively by e mail. Send them a letter (template on this site) saying you will only deal with them in writing.

Do not give them card details of any sort-just tell them you don't have one as the bank asked for it back.

Only sned payments by cheque or postal order pr standing orders-no direct debits as they'll try to take more than agreed.

Stand firm-just keep on offering what you can afford-The debt will eventually get passed on to a collection agency and if you continue to stand firm the offer will be accepted.All of this may take months to resolve but don't worry about it-stay postive-it will be sorted out. On the bright side at least you've broken the vicious circle and are taking postive steps to sort things out!


Link to post
Share on other sites

  • 2 weeks later...

Another update for anyone still following...


I've managed to get bank details from Wonga after they insisted they do not do standing orders so some progress is being made there, although they've still not agreed a repayment plan with me.


Also, they say that the plan can be set up online, has anyone done this before since I can't see an option to do that on their website?


Still got to sort out the amount owed since I was told the amount would be frozen but it has kept rising on the website, won't be paying anything till that gets sorted out!


On the Payday UK loan, they've passed to Keyes Whitlock who (from reading here) seem to be the same company. I'm in email communication with them so was surprised today to receive calls to my home and mobile and an email saying:


"Continued failure to respond will leave us no option but to add further charges and prepare this account for further action."


So they clearly don't know what's going on so I'll get another email off to them tonight.


Payday express have passed to Castlebridge Credit Management who call every couple of days, I answered today and when I refused to confirm my DOB, i said I was only willing to communicate via email/post. He just kept asking for my DOB so I just hung up.


I'll get the telephone harassment letter out to these 2 aswell.


Looks like it's getting sorted out albeit slower than I would've hoped, might surprise a few people but wonga have been the "friendliest" to deal with since Payday UK/keyes don't know what's going on and Ben from Castlebridge can't comprehend english.


So to summarise, how do you set up a repayment plan with wonga online?



Link to post
Share on other sites



As well as the telephone harrassment letter/email I would also add that the clowns are "frustrating your reasonable efforts to address your liabilities" and that as a result (if not already) you dispute the alledged balance (which will of course by now have gone further than the space shuttle! :roll:) as well as any charges or interest. Probably worth a CCA request to the obviously incompetent - might bring you some useful replies (my particular favourite was "we do not have one... " :p).


Wonga - suprised they have been "friendly" (not to bad with me but my have there been some horror stories). Their "systems" often does not keep up (monthly emails about "failed payment arrangement" even when they have been paid! :rolleyes:). The website also seems to escalate automatically even when they have agreed a repayment arrangement. As for the setting up of a payment plan online, not been to their website for some time but I would be very suprised if this was anything more than a simplistic ruse to get your current bank details from you! ("agree to xxx per month" and then on said date take the lot!) :evil:. It MIGHT be that the the conversation component they made me have to agree amount and dates can be progressed on their site but (as I am sure you are) I would be very cautious and sceptical!


It is slow progress - some go quiet for ages - but you are getting there so keep at them :)

MJC 007.5 :cool:


Advice or opinions offered by mjc 007.5 are personal, offered in good faith and without prejudice or liability. Your decisions and actions are your own and should you be in any doubt then please seek the opinion of a fully qualified and insured professional


:) If you think I have helped you please feel free to click on my scales :)

Link to post
Share on other sites

Also, they say that the plan can be set up online, has anyone done this before since I can't see an option to do that on their website?


mjc007.5 is bang on the money - I've poked around my old account page as much as I can without inferring I'd like to take a new loan with them, and as far as I can tell, this is just a way to get your new card details out of you. Avoid like the plague. :rolleyes:


Standing order only, old chap. :wink:

Link to post
Share on other sites

mjc007.5 is bang on the money - I've poked around my old account page as much as I can without inferring I'd like to take a new loan with them, and as far as I can tell, this is just a way to get your new card details out of you. Avoid like the plague. :rolleyes:


Standing order only, old chap. :wink:


Don't worry they won't be getting my card details, I'm just waiting to hear back from them since there's a dispute over the amount owed, they agreed to freeze the interest but the amount kept rising on the website. I won't be paying a penny till that gets sorted!

Link to post
Share on other sites

  • 2 weeks later...

For anyone following...


The wonga situation seems to be sorted :). I've agreed a realistic repayment plan with them and i've got their bank details!


As for castlebridge, I've contacted them using the email address in the letter but I'm not holding much hope considering the state of their website Castlebridge Credit Management although the phone calls have stopped so maybe they actually listened to my "stop calling me!" over and over again. Slow progress on this one.


My telephone harassment letter to keyes whitlock has resulted in me being sent an apology and that "it will be looked into". And they now won't respond to my emails or even contact me about the debt so not sure what's going on there. This is quite annoying considering we agreed a repayment plan and I'm now waiting for their bank details.


Looks like things are slowly getting back on track. :)

Link to post
Share on other sites

  • 4 weeks later...

Time to get this thread going again unfortunately...


I got a letter on the 3rd of November from Payday Express giving me 14 days to pay the debt in full or they will put a default on my credit file.


With some quick browsing on the site I'm pretty sure the notice is invalid for the following reasons:


1) letter is dated 21/10/2009 but postmark is 22/10/2009

2) It says I have 14 days to pay instead of giving me a date.


Also don't they have to allow 14 days from when I receive the letter?


And finally, Payday Express said they passed to Castlebridge so I've been "dealing" with them recently. Are they the same company? Can't find much on Castlebridge...


As for the other loans, the wonga repayment plan is still going and PaydayUK/KeyesWhitlock won't respond to my emails.


So basically I'm looking for what to do next with the Payday Express/Castlebridge situation.


Any help will be greatly appreciated :)


EDIT: forgot to say, my mail is being redirected since I'm not at the address that payday express have for me so that's probably why it took so long for the letter to get to me.

Link to post
Share on other sites


  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?

  • Create New...