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    • Hi all   Firstly, thanks for all the helpful threads on here. Whilst there's a lot to read and get through, it's both helpful and reassuring to see so much great advice and support to others in similar situations.   I've received a letter and a Claim Form from Moriarty for an ADCB CC debt. I'm presently in a DMP for existing UK debts and (probably like many others) I truly don't know the best way forward, as time is clearly of the essence - but I don't feel I've 'up to speed' yet on all the other threads, advice, lingo etc. to respond accordingly.   I'm looking at drafting the PAP and getting it of tomorrow, but just want to get into the other threads to see if it's the right thing (and get more info on similar cases).   Please feel free to comment with any advice - all gratefully received of course. Thanks again for anyone that's posted in other threads and great to see so many kind and generous respondents helping others.   PS. Haven't posted/scanned details onto the thread yet as still to read up on the rules/tips, but Claim Form filed in Northampton on 20 Nov.
    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
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husband and i are in a state with 3 payday companies. all started with son needing money for going on a school trip. now 8 months later we just cant keep up with interest.

 

we are on a tight budget so was always taking a new loan out everytime we paid it off. you know the story.

 

anyway we have reached the end and cant carry on. i have been reading on here for days and do feel a bit better that we are not only people who have got into this mess.

 

we are due to pay them all 16th december. we have a loan each with wonga, a loan each with payday uk and my husband has a loan with quickquid.

 

we have seperate bank accounts with lloyds and my husband has just cancelled his card and requested a new one and when that comes i will phone up and cancel mine.

 

i am monitoring everyday the online banking to make sure no direct debits appear. i am going to change phone numbers on the loan companies websites. apart from that what do i need to do.

 

i am terrified.

 

i know we have no choice as we cant carry on like this and will not get out of it any other way. obviously its all going to kick off just before xmas. we have four kids and my parents will be here and i really dont want my parents to know the mess we are in.

 

how quickly am i likely to start getting harrassed? am i doing the right thing?

 

i am worried about them getting into our bank somehow and taking our money and then how would we pay our bills feed our kids etc.

 

we have other outstanding debts that are being dealt with by payplan. would they be able to help us with these loans. payplan themselves dont even seem to know.

 

 

i can handle phonecalls and letters and even ccjs

 

what terrifies me is baliffs or people coming to our house. or people phoning my husbands place of work.

 

i worry about falling for a trick by them to get more money out of us than we can afford.

 

i just want to pay them off at a reasonable rate and get rid of them

 

i cant eat or sleep at the moment and me and my husband are arguing. i feel so sorry for my children as we got ourselves into this silly mess

 

sorry this is so long i just have nobody to talk to and my husband is trying to bury his head in the sand and i feel out of my depth and need help before i go insane

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I know exactly how you feel as I started out with one loan as something came up unexpected and and had to reloan straight away and then take out more loans as the interest was killing me.

 

I took a stand and changed my card, cancelled direct debits etc. Pounds till payday were a pain, but as soon as it got passed to Clarity they have been more understanding and I have a payment plan with them. Quikquid have passed theirs to McKenzie Hall they are a lot harder to deal with as they want all the money in one go - the amount of times that I have explained that if I was able to pay the debt in one then I would have done so to QuickQuid. They email, phone a few times and send the odd text but are not that bad at the moment; I'm hoping that eventually they will get the message that I can not pay in one go and will accept a plan.

 

Wonga are a nightmare though - they would not accept a plan and have now passed the debt to Marston's who are trying it on - see this thread http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/234293-marston-payday-loan.html#post2595376

 

I'm sure there are many on here that can give up firm advice, but if you need to chat then pm me.

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Ahhh bless you, it is so horrible to not be able to sleep and the arguments these things cause.

 

They will probably contact you first the day after the payments are due, possibly the day they are due. Unfortunately they may well contact your husbands work.

 

Just make sure you state that you will only correspond via email or letter. After you have defaulted on your payment date you can send an email to their customer relations department and state that to them immediately. This may stop any calls, but wouldnt trust these people with a bargepole if I am honest.

 

Keep checking your bank account and make sure nothing is set up. Try not to worry too much and keep your chin up thinking that this whole thing can be dealt with. I am sure payplan will be able to deal with them especially if they get sent to DMC.

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thanks for the advice guys. still feel sick to the pit of my stomach about this. im so annoyed we got into this situation.

 

christmas is coming and although we dont have much money i want to make it as nice as possible for my kids and am just really nervous about people turning up at door even more so as my mother will be here. does anyone know if these companies are likely to start banging on my door?

 

if payday uk, quick quid and wonga pass to a debt collection agency then payplan will deal with them for us. im just worried about the bit in the middle.

 

i can handle phone calls and letters i just dont want anyone banging on my door.

 

im also still worried about the card thing. my husband has reported his stolen and as soon as his new card comes i will do the same with mine. i check the online bank everyday anyway and will continue to make sure no direct debits are set up.

 

when my husband gets paid on 16th december they are all due to be paid hopefully they wont get any of the money. we need to buy some xmas presents for our kids that day and some food to get us through xmas and i am just terrified they will take all our money and we will have nothing.

 

sorry if i am just repeating myself i am just so desperate about this and need to hear other peoples experiences

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don't worry about repeating yourself - my thoughts during the loop and finishing it was that I really needed to talk to someone, I found this forum too late for me but unload as much as you need to

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Hi tillytiger,

 

You have done the hardest bit and decided that rolling over is not helping one bit. Cancel your card and direct debit then wait for them to contact you.

 

Once the phone calls start you can send then an email requesting that they stop phoning.

 

Work out what you can comfortably afford to pay them and make them this offer. Don't be bullied into increasing the offer stick to your guns and they will accept in the end. Good Luck

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TILLY TIGER we are in the same boat, so i know exactly how you feel, my payment to wonga is due today, i have already cancelled my debit card, said it was lost. I stayed up untill my wages showed up as in my account which was 2 o clock this morning, and did a quick transfer to my savings account. I havent slept all night, have a sick feeling. im so scared!!

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socks and pants how did sorting yours out go?

 

lloyds have told us the card is totally blocked

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TILLY TIGER we are in the same boat, so i know exactly how you feel, my payment to wonga is due today, i have already cancelled my debit card, said it was lost. I stayed up untill my wages showed up as in my account which was 2 o clock this morning, and did a quick transfer to my savings account. I havent slept all night, have a sick feeling. im so scared!!

 

see thats the bit that is worrying me the most. i dont know how i am supposed to go shopping and pay my bills if i have to clear my account. lloyds have assured me the card is blocked.

 

i am mostly worried about people banging on my door but nobody seems to have had this happen

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see thats the bit that is worrying me the most. i dont know how i am supposed to go shopping and pay my bills if i have to clear my account. lloyds have assured me the card is blocked.

 

i am mostly worried about people banging on my door but nobody seems to have had this happen

I know thats my problem, ive still havent received my new debit card, ive transferred all my wages into my savings account which i have no card for., i need to get some money out for shopping, but don't know how to do it as my bank is an online account, there is no local branch to be able to withdraw my money over the counter!!!!:Cry:

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TILLY TIGER we are in the same boat, so i know exactly how you feel, my payment to wonga is due today, i have already cancelled my debit card, said it was lost. I stayed up untill my wages showed up as in my account which was 2 o clock this morning, and did a quick transfer to my savings account. I havent slept all night, have a sick feeling. im so scared!!

 

 

I did exactly the same. Phone calls are starting now! Dunno what to do now

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I did exactly the same. Phone calls are starting now! Dunno what to do now

nor do i, just have to sit tight i think!!

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socks and pants how did sorting yours out go?

 

lloyds have told us the card is totally blocked

 

same as you - cancelled direct debits and stopped my card (not in time for Wonga to dip in and take differing amounts)

 

The phone calls started straight away but, they didn't last too long as apart from Wonga passed them onto debt collectors. Of the debt collectors, Clarity (pounds to payday) were very helpful in setting up a plan. McKensie Hall (quick quid) are a pain as they are demanding full payment even though I have explained many times that if I could make full payment then I would have done. I'm sure at some point that they will realise that this is the only way I can pay

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its such a nightmare isnt it. our new cards will be with us by the time our paydate comes but one of us will have to be on computer at home while other queues at tills and then text to transfer quick.

 

i wish i had done it months ago. doing it 9days before xmas is adding to my worry over it. how much do you owe altogether

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Your Street

Town

City

Postcode

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

 

 

[NAME HERE]

 

 

take it from some one who has had there fill of payday loans in the past.

to get out of this cycle you need to send the above template and a letter stating that due to my financial situation i am no longer able to keep up my repayments

 

i have xyz number of other creditors who i am writing to

 

for the time being i will be sending you a postel order in the sum of xyz each month as its all i can manage.

 

your online or banking details would be better for me to save on postel order costs

 

please accept my appologies as i wish to make token payments for the time being.

 

please suspend oll collection and interest so i can clear my account with you

 

some thing along those lines will do

 

they will huff and puff but either send to there own in house dca or accept your offer

 

the point being is you got in there first

 

send recorded delievery allways

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is there somewhere i can get postal addresses for wonga payday and quick quid

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QuickQuid

2nd Floor,

145-157 St. John Street

London

EC1V 4PY

 

wonga are hard to nail down

 

seems they dont want you to know there postel address

 

some one will be along soon on that

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Tilly, you've been getting some great advice here so far, but I need to add that you really should consider opening a new bank account for both you and your husband, then transferring all of your income payments into it.

 

The whole point of stopping the ball rolling on these loans is to reduce stress and put you back in control, and sitting up to all hours trying to spot sneaky direct debits being set up isn't going to do that - in fact, you'll end up a nervous wreck. Trying to beat an automated payment system to the punch is going to be terribly hard - I've had these companies try to take small amounts out of my account every hour before now.

 

You are far better off starting a new bank account with a clean slate, knowing that you don't have to worry that they've cleaned you out. I know it's inconvienient, but not nearly as inconvienient as finding that your wages have gone.

 

Please do consider finding out if your local credit union offer a current account - that's what I did and they've been brilliant so far. You get a full Visa debit card with them too.

 

Please try to stop worrying - I know how horrible everything feels at the moment, but you're doing the right thing.

 

I can't make any guarantees that they won't knock your door, but I can tell you that they never did so with me. I think it's very unlikely that this will happen over Christmas, to be honest.

 

Try to relax now. You've started to take back control, and you have every right to do so.

 

Chin up, you'll be fine. :)

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thank you . i hope your right about the knocking on the door thing. lloyds have assured us the debit cards are now blocked. is it def not safe?

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I wouldn't say DEFINITELY not safe - I would say I've had bad experiences with it, personally.

 

All I can tell you is one company cleared my account after I gave them my details when I set up a payment plan for £20.00 per month (hence all the advice about "standing orders only"), and another wiped me out via a direct debit that I missed. They certainly have automated systems that run right through the night and are able to set up payments at very short notice (I have to reach the conclusion that whatever anyone tells you about needing several days to set up a DD, they're lying - this was in a 24 hour period). I also have to say that at one point, I had my account frozen by Natwest fraud team because one of these companies had tried to take small amounts multiple times from my account via debit card over a very short space of time, and this is apparently one of the triggers for pinpointing fraudulent transactions. I had to take my passport to my home branch before I could use my account again, so it was easily sorted, but was very frightening and unhelpful at the time.

 

If you look through the forum, you'll see that a few people have had nasty experiences with payments still being taken on cancelled cards, although I've never experienced that myself.

 

I feel a bit horrible for telling you all of this because I know how worried you are at the minute, but would rather you heard it from me or someone else who means well on here than woke up to an empty account one morning as I did.

 

Bottom line - if I had my time again, I would open a new account, pronto. You've still got time from what I've read. :)

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ok well we just rang lloyds and opened a new account with them, is that ok? we told lloyds we wanted a new account for bill paying but we will get wages everything paid into it.

 

we have zero credit rating and have built up a fairly good relationship with lloyds and think we would only get a card cash account with anyone else,

the payday companies wont be able to get to that account will they?

 

i cant sleep at all at the moment and wish i could look into a crytal ball to see if eerything i gonna be ok. im so worried about xmas.

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well know

 

the payday companies will have no chance but be warned

 

if you get any bank charges on your old account, lloyds will use the new account to offsett any debit

 

keep an eye on your old account incase any dd is set up

 

ref your old cards, even though cancelled the payday cretins can still try and withdraw funds

 

its call a continiouse authority

 

as well as the bank cancells your cards inform the bank to put a stop on the cards

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You'll be fine now Tilly. :)

 

Post is right, you do need to keep an eye on the other account - however, what I would do is write to Lloyds stating that no new direct debits, standing orders or payments out of this account are to be set up. Or, since you now have a nice, safe, new account...Close the old one and stop having to worry about it. :)

 

When it comes to not sleeping and the worry, what's the worst thing that these people can do to you Tilly?

 

They can call you, but you can change your number.

 

They can write to you, but that's what you want them to do.

 

As I, and others have said, it's highly unlikely that you'll get any knocks on the door. If you have a look round the site, there's actually a letter here to stop them doing that too....anyone know the one I mean? Something about "implied right of way"...that they're trespassing.

 

Either way, Tilly - the point is that anyone they do send round has no real power - they can ask you to pay, but only if you open the door to them. They can't pepper your wages, they can't remove goods, they can't force entry...they can't do much of anything hon.

 

Pleeeeeeeeeeeease try to get some sleep, the less you sleep the worse everything seems in the morning - it's such a vicious circle. If you really feel that this is all too much for you, go and see your Dr. Trust me, we've all been there, feeling hopeless and like there's no way out of the mess, but I assure you there is and you are on your way to it now. :D

 

Keep in touch, let us know how things are going.

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Ms Weatherwax is right, make sure you get some sleep.

 

As you have new account your money is safe. The reality of these people chasing you is not really so bad. To be honest you can negotiate by e-mail with most of them.

 

Personally I would avoid agreeing to any payments until the end of january.

 

XMAS and the family come first, these vultures can and WILL wait.

 

Good Luck

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thank you so much guys. are you sure they cant get at the new account seeing as it is with the same bank?

 

has anyone ever herd of thee companies allowing a debt managment company to deal with the payments to them

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