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    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
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    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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my wonga debt has been sold to experto, help please


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hi i got into debt with wonga a few months ago and with the interest it is now £1200, i have recieved a letter from experto credite saying

 

we have been instructed by wonga to recover the balance outstanding on the above account.

 

as you have failed to respond to all offers of assistance made by our client, (they have not offered me any agreement) we now demand immediate payment of the balance in full. if you do not send payment in full within 7 days from the date of this letter, we will assume you have no intention of dealing with this matter and we may pass your account to our sollicitors who will consider an appropriate course of action to take to recover the outstanding balance from you.

 

to avoid this action you must contact us within 7 days from the date of this letter on telephone number .............. if we do not hear from you we will continue our action until contact is made.

i dont want to argue over the debt with them or anything i just want to pay and get rid of it, the problem is i cannot afford it. i can probably get £500/£600 in a months time and give them that to start with then i could pay the rest monthly at around £50 per month, i could do with some advice on what to say to them and how to deal with them.

 

thanks

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Hi Mister C

 

If you don't argue with them you will end up paying the lot and getting ripped off.

 

Why not offer them £50 per month for 12 months as a starter provided they agree to add no more charges or interest. This may even be too high depending on how much you owe them.

 

You could also make life difficult with a CCA request, always a £1 well spent.

 

Don't make life easy for them ;)

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hi i was just coming on to post this exact same thing. I got contacted by experto or whatever they are called. Are they actually a debt company or a part of wonga?

 

I originally owed £750 to wonga and experto have said i have to pay them £1750.

 

I emailed them and said a grand in charges is unreasonable and they said they will accept 40 quid a month but for £1750 not £750.

 

When i said to them that if they took me to court no judge would agree with those charges he basically said either i start paying the 1750 or refuse to pay and they will start court proceedings. what do i do

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hi i was just coming on to post this exact same thing. I got contacted by experto or whatever they are called. Are they actually a debt company or a part of wonga?

 

I originally owed £750 to wonga and experto have said i have to pay them £1750.

 

I emailed them and said a grand in charges is unreasonable and they said they will accept 40 quid a month but for £1750 not £750.

 

When i said to them that if they took me to court no judge would agree with those charges he basically said either i start paying the 1750 or refuse to pay and they will start court proceedings. what do i do

 

Woah! I'm sorry but if that was me I would rather have a CCJ than pay those vultures £1000 without fighting it. I would stick to your guns and tell them you will agree to pay no more than £750. The experience I've had with debt collectors so far is that they will soon get bored and pass it on.

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i have googled them and most of the posts i have found are by people who owe massive amounts and some peoples debts are from years ago, wonga might have only just started using them but ive never heard of them.

i will take your advice and offer £50 per month first but i am going to speak to them by phone, they can threaten me all they like im beyond worrying, i just want it sorted.

also i have read that they buy the debt for a fraction of the amount and charge you the full lot, it should be illegal, its discusting.

 

oh and the original loan was £500

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In that case their charges are extortionate, especially as you have been trying to get Wonga to settle.

 

What you now need to do is

 

1. Report Wonga to Trading Standards for passing on this debt whilst in dispute - due to the high charges.

2. Report Esporta to the OFT for the high charges and for buying a debt in dispute

3. Contact your local MP and get them to get the local Money Laundering Unit (or Fiscal Exclusion Unit) onto both companies.

 

It is beyond belief that these companies lend money and then absolve themselves of any responsibility for dealing with customers afterwards.

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has anyone ever gone to court with one of these debts though? If I refuse to start paying instalments because i dont want to pay the extra grand and they do take me to court i will then have extra court and solicitor charges and then a judge may allow all that extra interest and charges.

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There is a link on Tower Capital, another payday loan company who are attempting to take somebody to court, had their POCs thrown back once and are now expected to do an AQ....

 

If I were you I would also write to the Advertising Commission about Wonga's TV adverts as being misleading.... anything you can throw their way will help.

 

So far I've gathered Wonga have used Marstons, Gothia, Keyes Whitlock, Chainey D'Amato to name a few.... can't be good for business having to change debt collectors every 6 months or so!

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my husband had a wonga loan for the same amount as mine. His went to barker lowe and they have put 2 grand on top of what he originally owed.

 

So do people think I should just pay the 40 quid a month experto are willing to accept or risk it and let them take me to court?

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Do you sign an agreement for payday loans? Can anyone post one up if possible?

 

Also if you pay Exspurto anything are they still charging ridiculous interest?

 

You could be paying interest off for ever which I assume is the idea behind such loans. I would ask, or better still write to Exspurto and ask if all interest has stopped.

 

 

Pumpytums

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ive just phoned experto they asked me the amount of all my bills per month and said that i have to pay £65 per month for 24 months, then they asked me for my bank details which i said i didnt have to hand at the moment. i said i will phone them tomorrow with my details, i then asked if i could have the agreement in writing, they said you will get the agreement in writing once the first payment has been made.. i dont trust these, do u think i should demand the agreement in writing before making my first payment?

 

also i have told them my place of work, could they contact my work and get money took direct from my wage?

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Hi Mister C,

make sure you get it in writing. Make sure they state that no interest will be added. Watch out for clauses that if you miss a payment they will start adding the full interest again. Do not pay anything until you have it in writing. Secondly can you afford £65? If not write to them and tell them what you can afford, don't let these people tell you what you can or can't afford. Also don't give them any card details pay by standing order.

 

Can you clarify something you say they said £65 for 24 months that's £1560 but the debt was £1200. Also insist that they send you the agreement. Did you ever sign anything?

 

With regards to getting money direct from your wages that's a big NO the only people that can do this are courts and that's called an attachment to earnings. Wonga won't go anywhere near a court trust me.

 

Try to keep everything in writing, DCA's cannot wriggle out of it if you have it in a letter.

 

I hope this helps.

 

Pumpytums

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thanks that does help and yes they said £65 over 24 months, i didnt realise myself until after i put the phone down, i will be speaking to them about that tomorrow, i am not paying over £1500 for a £500 loan, and will not be paying anything until i have the agreement

 

thanks

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That's the spirit,:D

you tell them what you are going to do if they don't like it tough.

 

And get the agreement, if they argue say well I'm not paying without receiving it. If they say you have to pay £1, say is it covered by the Consumer Credit Act then? If they say yes it is say can I have the default notice too?

 

Pumpytums

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Get your local Financial Inclusion unit or whatever it is called in on the act, these are set up in various local authorities to help people trapped by this type of company. You can get their details from your local CAB or Trading Standards website.

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Very interesting I think it shows how devious wonga are. Firstly the confusion of their address. Secondly the fact that Chainey, D'Amato and Shannon do exist and are definitely not solicitors.

 

My debt was passed to Gothia. I dispute owing them anything on the grounds that they refused to talk to me or the FLA. i feel I repaid what was taken out.

 

My debt is now with Geff Bourne Parker they say they have be instructed to taken action. So I explained the whole hassle with Wonga and their tatics. I am happy to go court and defend my case in the hope that it will expose Wonga to the relevant authorities

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Geoffre Parker Bourne are well known on this forum, really these 'solicitors for rent' should be stopped, they try to claim they can speed up the collection of disputed debts but really they frustrate the whole proceedings....

 

Stick to the fact that you have repaid the original loan plus all their rollovers and that should do in your case EBoy...

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  • 2 weeks later...

If they have declined your reasonable payment plan offer e.g. 500+50/month (hope that you have that in writing) and still continued of adding fees to your debt, you should speak to a lawyer. We need to stop these irresponsible lenders. As a general rule, when making such payment plans stick to them and you are safe, but Wonga cannot add fees to the principal anymore!

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Jesus this is crazy! Can they seriously enforce these crazy interest charges? Will these people not give you anytime at all to get things sorted even if it was only one month? Surely there is something in consumer law somewhere that states these companies have to work with thier clients who are in financial trouble? And even if you sent a CCA request would they even have one? There has to be some protection somewhere.

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