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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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      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.

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You can get an online account with the Halifax which doesnt go through a credit check, then get your salary paid into that, keeping the old account open to put payments into. That way you should be safe from the 'unintentional' taking of your money.

 

I would ignore QQ by phone as their operatives are Canadian based, if they do get nasty tell them you have their details and will be reporting them to the Canadian government as working for an illegal trade... that should help shut them up for a while, remember it is only the Canadian ones this applies to.

 

Emails should be kept and replied to within a few days, they are all automated and there is no point trying to get through to them - they have no compassion, only greed.

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thanks robjam, i bank with lloyds tsb and have read storys that even though u get a new card and i have cancelled DD they can reinstate without me knowing and still take money from the old card, is this true? any1 know if you can change account number and sort code by just calling and asking?? ive recieved an email from quick quid saying urgent action required as ive cancelled the DD. do i email them now asking for payment plan or wait till i default?

 

Only a few payments are forced through on cancelled cards but no consolation if it happens to you. The only 100% safe route is to take Sillygirls advice and set up a new account. Quick Quid have been known to reinstate direct debits so you will need to keep checking and cancelling if needbe.

 

Keep your money safe and they will have to negotiate. QQ will only negotiate if you can pay over 3 months so you might have to wait until they pass to DCA.

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Only a few payments are forced through on cancelled cards but no consolation if it happens to you. The only 100% safe route is to take Sillygirls advice and set up a new account. Quick Quid have been known to reinstate direct debits so you will need to keep checking and cancelling if needbe.

 

Keep your money safe and they will have to negotiate. QQ will only negotiate if you can pay over 3 months so you might have to wait until they pass to DCA.

 

 

quick update, ive opened up another account but my wages department at work said they cant guarentee it will go in my new account so il just have to wait, yea i noticed that WDA reinstated the DD but il just keep cancelling. il update after the 29th, thanks again for the help, much appreciated

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Another update, ive just spoke to my bank and have asked them if they can block these companies taking payment but got told they cant as the debit card was used as a guarenteed card payment or summit like that so even though i have a new debit card they can still use my old card details to gain payment. can any1 else clarify if this is correct? the lady i spoke too also said that if i ring the companies and ask them not to take payment and then they do then the bank can step in and get the payment back, they also advised me to give citizens advice a ring as they can ring the companies themselves. Im only doing all this as im not 100percent sure my wages will go in my new account next week. can any1 clarify any of this, help is much appreciated.

 

thanks

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i just read thru these forums and what i have seen sickens me. I have a friend who is about to go thru what you guys seem to have had to endure. i started a post on the site but what you have said here seems to be good advice. Just shows you how much trouble you can find yourself with these companies. my friend is with quick quid and she has already start getting threats. its only been 3 weeks. these companies pray on people in diffcult circumstances and then circle likle vultures when they inevitable cant pay up. something needs to be done. thinking about tasking my fiends case to the CAB or better still one of thoese consumer programs. If anyone is interested let me know

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I really feel for you tillytiger, I myself have got into a bit of mess with these payday loans.

 

It started off with some money to tie me over then got out of control.

I ended up borrowing to pay off the previous loan.

Then I moved to England for a new job that fell through.

With no job, I've been stuck.

I haven't borrowed of any other companies & have since found work (I get paid next month) which will solve most of my problems.

 

But I owe Quickquid £300.

The money is due next week, I cancelled my direct debit ages ago, & they've sent me a few emails reminding me that the payment is due.

Am I safe?

I mean because I cancelled the direct debit, I was hoping to not pay them then pay it all off & whatever interest I get in Feb.

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cancel your card and get yourself in a payment plan. pay only into their account directly, no other way.

 

if you want you could set up a payment plan for £20 a month and send 20, £1 checks just to be awkward....they have to accept them and usually charged around a £1 to cash :D

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Thanks for the advice! LOL that's really clever!

 

I emailed them over the weekend telling them that I closed my account (I haven't) & that I didn't have the money.

 

They got back saying that the account would go into default status, & I should contact them as I am a valued customer.

 

The money should have been paid yesterday - they haven't tried to take the money out as yet!

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  • 4 weeks later...

hi guys. still havent got anywhere with wonga or quick quid. just automated emails daily.

 

payday offered a payment plan but wanted 7 times more a month than what i offered. told them couldnt do it and we are now getting letters and emails from keyes whitlock regarding this loan.

 

they will not accept what we are offering either,

 

wonga are awful as both of our wonga loans are now double what thhey were.

 

none of them listen and dont know what to do anymore.

 

because of personal problems i am having trouble concentrating on any of it but need to do something as i could do without the extra strress.

 

wonga and quick quid will not give bank details so cant do standing orders. they just say i have to phone them.

 

we have a debt management plan with payplan but they wont help us as they say 3 contractual payments have to of been paid on a debt before they can take it on but there isnt 3 contractual payments???

 

 

any advice. ive actually developed grey hairs recently and am only 32!!!

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Hi Tilly

 

Wonga bank details are on the sticky at top of the forum. PDUK details are also on it if you need them.

 

You are doing fine. Just keep going. Wonga can 'want' what they fancy, doesn't mean they will get it. They will have to reach agreement in the end. Keyes Whitlock the same. keep it all ojn your terms, remember you are the one in control here as they can only have what you will pay them.

 

Just stick to your guns.;)

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Hi ive also got into the horrible payday jungle :(

i owe ptp, and i have cancelled Direct debit, and been checking all week, i get paid friday 26th, and can see they have not set it up again, or sent me emails or called after i cancelled it. Im gonna repport my bank visa card lost / stolen tomorrow. But i am worried something can stil go wrong so they take the money.

I also need to take the money out of my account on friday. But rules are that direct debit has to be set up at least 3 banking days before they get taken, isnt this correct? hope someone can calm me down :) Also i will still be able to take out money on friday in barclays as long i bring my identification like passport or driver license?

Also in trouble with UncleB etc.. really worried and afraid. Because i cant let my fionce know that ive messed up again. I just want to get back on track, and get them paid off trough a debt collector, just dont want her to find out :(

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Hi paaske

 

Direct debits can be set up the same day they are presented, they can also be cancelled by you if you spot them. Most banks will let you withdraw if you can prove your identity.

 

It will be difficult to keep from the other half as they will happily discuss your business with her if she answers the phone. I hate to say it but sometimes it pays to come clean- only from personal experience.

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Direct debits can be set up the same day they are presented, they can also be cancelled by you if you spot them

 

Same day they are presented? i dont quite understand? :)

If a direct debit has been set up, and i have cancelled it.

Do You then mean they can just set it up again like tomorrow thursday, and money will be taken after midnight? that cant be clearly correct? hope someone can calm me down? :(

I have to rapport my card lost/stolen tomorrow thursday with Barclays.

Which means i wont be able to acces my internet bank until i get new card :(

But if they set it up, then they wont be able to take money trough direct debit until the next agreed date correct?

I have just read some rules around direct debit, and if i cancel agreement or delete it from my internetbanking.... then it has to be setup at least 3 days before amount gets taken.... but what now if they like next week set it up, can they then take amount before the 26th which is in the original direct debit contract (agreement) ?

Hope someone can give quick answer :)

Thx.

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Direct debits can be set up the same day they are presented, they can also be cancelled by you if you spot them

 

Same day they are presented? i dont quite understand? :)

If a direct debit has been set up, and i have cancelled it.

Do You then mean they can just set it up again like tomorrow thursday, and money will be taken after midnight? that cant be clearly correct? hope someone can calm me down? :(

 

If the worst happens and they set up a new direct debit which you do not spot in time then immediately telephone the bank and ask for your money to be refunded under the direct debit guarantee. The only problem with this approach is that the bank may not always understand their obligations under the guarantee scheme and may try to argue with you, but stick to your guns

 

The way the guarantee works is that 1) you have to authorise a direct debit being set up and 2) the amount taken has to be according to the terms agreed between you and the company when YOU authorised the direct debit. Anything not done according to these terms MUST be recalled by the bank and IMMEDIATELY refunded to you

 

If the bank refuse to refund you immediately you then simply take the matter to the Financial Ombudman

 

There is a similar provision for ongoing debit and credit card authorisations. If you have notified the company that they are to take no further sums from your debit/credit card and they do then the bank must, within a "reasonable" amount of time, refund the money to you. It is for the bank to prove that you authorised the debit, not for you to prove you didn't. However, if you have already written to the company (preferably by recorded or special delivery) you will have the proof that any authorisation was rescinded

 

The major problem would be that if you have insufficient money to start with it can be very stressful trying to manage while you fight to get your money back - but you WILL get it back as it will have been taken fraudulently

 

The best advice is always the advice given earlier in this thread. Get a new account with a different bank and have your wages paid in there. That way you are 100% safe. Also make sure everything you say to the loan companies is in writing and sent by recorded delivery at a minimum

 

The legislation you need to fight the bank if this happens to you is the Banking: Conduct of Business Sourcebook which you will find at FSA Handbook - Full Handbook

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  • 1 month later...

well update. not getting anywhere with wonga and both loans have now doubled in size. i came to an arranngement with payday and am paying them £40 a month by standing order,

 

my husbands payday and quickquid have been given to mackenzie hall. any tips on how to deal with them. they seem aggressive. wont accept payment plan.

 

are they an independant debt company?

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well update. not getting anywhere with wonga and both loans have now doubled in size. i came to an arranngement with payday and am paying them £40 a month by standing order,

 

my husbands payday and quickquid have been given to mackenzie hall. any tips on how to deal with them. they seem aggressive. wont accept payment plan.

 

are they an independant debt company?

 

Hi Tilly

 

Yes, they are not related to QQ.

 

Lots about these vultures on the DCA forum. Worth you having a read to see how best to deal with them.

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Hi tillytiger

 

I to am in a mess with loads of these companies. Im a working single mum of two. I took out the first loan then another etc just like you did. My income then dropped and i cannot pay. It is horrible and I can relate to that constant sick feeling in the pit of ur stomach.

I havent read all the posts, so sorry if im repeating myself. This is what the cccs advised. Cancel all cards if possible change ur account.

They will try all sorts of tactics to scare you............dont let them. You are within your rights to tell them to remove all ur phone numbers from their records and only contact you by mail. Im sure payplan have template letters for this kinda thing. As long as u pay them a pound a month there is not much they can do.

This is what I have done.( I owe to at least 10) They still try it on now and again but I no longer enter into debate with them. I just send a £1

I phone the CCCS for advice now and again when Im feeling vunerable and they really put you at ease. I recommend trying them.

Oh also, I was told by cccs to never send cheques as they are not secure. But to set up standing orders as you then have the control.

These company are the absolute pits, and are nothing more than bullies. They have never visited me in person although they have threatened it.

 

So tillytiger I know its a horrible thing to be dealing with. But you are not alone. Im amazed by how many people are in the same boat.

 

The best advice i ever had was to contact CCCS who are totally impartial. (i heard a rumor that payplan recieve its funding from lenders!!!!!!!! which isnt very impartial). Apologies if this isnt the case but i was told this by a large financal institute.

 

sorry if ive gone on a bit. But I have so much I would like to say about it all.

Take care.

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well update. not getting anywhere with wonga and both loans have now doubled in size. i came to an arranngement with payday and am paying them £40 a month by standing order,

 

my husbands payday and quickquid have been given to mackenzie hall. any tips on how to deal with them. they seem aggressive. wont accept payment plan.

 

are they an independant debt company?

 

Hi Tillytiger,

 

Hope this helps with wonga,

 

Email [email protected], he's their director and copy in [email protected]. Entitle your email 'formal complaint'. Put down your proposal, and state that you've been informed by the office of fair trading that the offer is reasonable if you state in the emails your in financial hardship. The reason for this is, I did have a genuine problem with wonga in the fact I did have genuine fraud on my account so my bank cancelled my card. I informed wonga way in advance and got their account details to pay the money in. On the day of repayment, my new card arrived, but wonga wanted an extra 10.00 because my card had been cancelled.

 

I went to the oft, they just told me to deposit the money in their account but they said that wonga by law had a duty to act on any correspondance that had 'formal complaint' written on it. There is a big lack of customer services in wonga's organisation and I got a call from the head of wonga called vicky and I still have her details if you need them. She was extremly apologetic and I got the interest refunded.

 

If you get no where let me know and I will pass on vicky's email and phone number so you can ring her in person. She is genuinly the head of their customer services actually based in there secrative head office.

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