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    • I think it is only fair to make a suggestion - which can be freely disregarded and perhaps this is splitting hairs.   13. Furthermore, as per another letter dated 30th July 2021, the Claimant wrote, ‘Should you fail to accept our offer of settlement then we will proceed to Trial and bring this letter to the Court’s attention upon question of costs in order seek further costs of £220 incurred in having to instruct a local Solicitor to attend the hearing in conjunction with the amount claimed on the Claim Form.’ I find this an extraordinary statement given the Claimant knows legal costs are capped at £50 in accordance with CPR 45.2 (Table 1). The fact the Claimant made no reference or justification for seeking legal costs above this cap - despite being legally trained - leads me to believe the letter was instead a deceitful attempt to intimidate the Defendant into payment rather than a justified claim for costs. I believe this omission, be it negligent or deliberate is evidence the Claimant has acted unreasonably towards the Defendant and the Defendant is therefore justified to make their own request to the court in accordance with CPR 27.14 (2) (g) to award their full costs outlined below to be paid by the Claimant.
    • Hi!   One point I forgot to mention in my first post, I was sent home after the first anniversary of the "First Written Warning" over the "soldering iron accident" that occured April 2020, and at the time I was sent home on enforced sick leave, the "two–shift coronavirus" shift system had ended and we were all back to being employed normal daytime working hours with everyone in attendance!   I did ask my manager/H.R. during the meeting of 26th May 2021 at which I was sent home, was this being considered a disciplinary matter again and I was assured, both verbally and subsequently in writing, that it was NOT, they called it "safeguarding!"   I have sent regular fit notes to my manager by way of my colleague Steve, who as mentioned, works at the same employer doing identical work to me, and will be collecting another note from the surgery tomorrow!   (As regards the c.v., I have had both vaccinations and during a recent admission to Walsall Manor Hospital about two months ago for mild pancreatitis, was tested again for c.v., which I assume came back negative as nobody came running about after me!)
    • Yes I see that under CPR 45.2 Table 1. While the court has the authority to cap the costs, I'm not sure that means the claimant is obliged to claim in accordance with table 1. It is simply that whatever they seek is likely to be capped except in the circumstances you state. VCS likely see it as a free bite of the cherry to claim £220, after all the defendant may - although probably not - act unreasonably and their claimed costs may - although probably not - get awarded. Anyway minor point and unlikely to affect the outcome - good luck.
    • Yes, legal costs are capped at £50 for the amount VCS are claiming.   They could only be awarded further costs if the judge decided the OP had behaved unreasonably in litigation.
    • Hi!   I work in Aldridge repairing industrial electronics PCB's.   In November 2019 I found I was starting to have difficulty with the vision in my right eye, that started off as distortion of vertical lines, and over the next three months this gradually got worse, until, February 2020, the vision in my right eye had got hazy to the point where I felt it was no longer safe to drive my car and I gave the car key to my friend Steve whom I live with and who works for the same employer as I do, doing an identical job to me.   I went to see my optician in March 2020 who examined my eye, she said she couldn't examine it properly and referred me to the Opthalmology Department of Walsall Manor Hospital.   By then the c.v. nonsense had set in and it was September 2020 before I got an appointment to be seen and after a detailed slit–lamp examination, it was decided to attempt to treat my right eye with YAG Laser Capsulotomy on the December 15th 2020.   This procedure was unsuccessful and I was advised at a further Appointment on 7th May 2021 that Walsall Manor were unable to treat my eye and were referring me to New Cross Hospital for a more major consultation, which I am still waiting for.   On 26th May 2021 I was called to a meeting upstairs at work with my immediate manager and HR via video, and told I was being sent home on enforced sick leave until after my eye was operated on with the more major operation.   I have been off work since 27th May 2021 and my manager and H.R. are refusing to allow me to return to work and I have exhausted my company sick pay.   At the meeting upstairs at work I stated that I felt I had adequate vision in my left eye to be able to do my usual duties and there was no need for me to be off work, but this was brushed aside!   How do I stand when, as in a case like this, where the manager/employer forces me to take a long and continuing sickness absence with no idea of how long it will go on for?   I do not know when New Cross Hospital will write to me regarding a consultation for the more major surgery my right eye will need!                
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Wonga payday loan


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Hi

 

I hope someone could give me some advice on how to deal with Wonga payday loan company. I borrowed £700 on 1 November 2009 with the agreement to pay back on 30 November 2009. In the middle of November my husband became ill and was signed off work and only received SSP therefore my wages suddenly became the main wages and therefore had to pay rent etc. I rang Wonga to explain but could not get through as they were "experiencing high call volumes" I left a message for somebody to call me back - but nothing. I then emailed them and the reply just said for me to call them!! which I did again - same result as above. This has now been going on for now for three months with my offer of repayment being declined every time. With interest and all the charges they now say I owe them £2020!!!! on a £700 loan. They are now sending letters from Barker and Lowe their recoveries (Wonga in disguise) saying they are authorised to send doorstep collectors - am I write in thinking unless I invite them in I can say they are trespassing or they will take me to court. I have told them I would quite happily go to court and explain to a judge that my financial situation as altered dramatically since I took the loan out and they just will not listen.:confused:

 

I just dont understand why they will not deal with anything via email or in writing they just keep telling me to phone them and then when I do I either cannot get through or they just keep spouting that they will only accept full payment.

 

Does anyone know how to deal with this company I am getting so worried :(

 

thank you

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The company are NOT AUTHORISED to send doorstep collectors, they are unlicenced and have no right to ask you for any money.

 

I think as your husband is ill and you are on a low wage you need to contact Citizens Advice and see if Wonga can be reported to the Moneylending unit for their atrocious behaviour.

 

Really their system is appalling and they need stopping.

 

Be aware that you may get letters from Marstons Court Enforcement stating they have a right to collect and use bailiffs, but in your case they CAN NOT SEND A BAILIFF. The only people who can send a bailiff is the court after you have defaulted on a CCJ - and Wonga are unlikely to go there as their charges and interest are very dubious.

 

If you get any more aggro get your local MP involved as well, many of them are becoming more active in this type of field now the elections are looming.....

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Do everything in writing, send following letter recorded delivery.

 

Re: Harassment by telephone and doorstep visitslink3.gif.

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sir/Madam

 

I am writing in relation to the quantity and frequency of telephone callslink3.giflink3.gif 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.

 

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 callslink3.giflink3.gif from your company will be recorded.

 

Furthermore, should it be your intention to arrange a “doorstep visit”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

It is unfortunate that I feel forced to send this letter due to the attitudes and continued missconduct from your employees that have previously visited me at the above adress and have treated my family and myself with abusive behaviour, this will not be tolerated and will be reactivly dealt with by imediete contact of the police to enforce the law.

 

Yours faithfully,

 

 

 

[NAME HERE]

I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.

1) give a small donation to this site to keep it going because without this forum I would know nothing.

2) Use your experience to help somone else on another thread.

 

Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.

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Hey thanks for the great info. I've since read a few more postings here on Wonga and other dubious pay day loans and I am not definitely not alone Thank you all for your replies and valuable help.

 

One thing I have learned out of this sorry mess is that payday loans are something definitely to avoid and anyone thinking about using them - think twice you never know if your circumstances are going to change unexpectedly.

 

I will keep you all posted!!

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  • 2 weeks later...

Hi

 

Sorry that you are in trouble with this company. It is a total nightmare but I think perserverance and sticking to your guns is the key. I refuse point blank to deal with anything over the phone. Always email or write and keep emailing them and then you have a record of anything that is agreed. I have now told them that I will pay back £200 per month and they have accepted this. I then emailed them back to say it would be only by postal order as I do not trust them not to go in and raid my bank account. I have said that if this is not acceptable to them then they are effectively refusing repayment of the loan. I do not think a judge would be impressed with a company that refuses payment because they dont like it!! I have basically told them if they want to take it to court then I would be more than happy for them to explain to a judge their extortionate interest rates and charges they apply when people cannot pay back on the agreed date normally because of a change of financial circumstances.

 

They cannot authorise doorstep collectors only a county court can do that. So just keep on keeping on at them and grind them down as they try to do to us! Good Luck!

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