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    • get the FOS done and see. i have a feeling you might not need to do the latter.    
    • Noted, thanks re-draft it is then 🙄    If it does go to FOS and its upheld can I also go for the throat and apply to set aside the suspended judgement (consent order) based  CCA  sections 86E not providing default sum notices 86(5) not entitled to enforce agreement  87(1) and 88(2) leading to unlawful repudiation of the credit agreement. Just an idea. 
    • CB ....this conclusion is true.   as for PB, i can assure you that user most probably ( well i know but shouldn't say} holds the record here for the most reported posts by users as well as from those of the site team concerning his posts. if you hold on someones username further info can be seen.   however , a bit like say vodaphone or virgin media , very large companies with millions of customers will get the most complaints made against them...and that equates to posting levels here too. as for 'royalties account holder' that again merely points, by a default label in the software package we use, to the number of posts made.   one could further this by noting were we to agree with all their posts they would be on the siteteam... i will leave you to understand why not .....       don't think anyone did?    regards  DX
    • Is it just that? Oh I thought it was because of all the effort he and others made to rightly bring DCBL to court. But he just got lucky there I suppose. Lucky he didn't bring his complaint to this forum first because if he had of done, he'd be £10K poorer right now. And for something that Peterbard describes as benefitting from being newsworthy, I am struggling to find all the news reports that refer to it.       Confucius  say "he who backpedals, falls off bike."    I'm not surprised in the least that you, a gold account holder on this forum, would adopt a dismissive attitude to this well deserved victory in court against DCBL, however I'm curious as to why you opted to reduce the issues at stake to being 'simply' about ' the EA fell foul of the regulation which defines "relevant premises".   That certainly wasn't any argument that Iain Gould furthered and he's a civil actions lawyer whom, dare I say it, know a hell of a lot more about trespass and misuse of private information than you do.   The judge never mentioned "relevant premises" either. Not during the hearing or in his judgement. And you never mentioned it either prior to know. In fact, in the original  in the original 2018 thread you even went so far as to suggest that whatever address was on the writ was irrelevant because, "interestingly, if the address is not  a requirement it would not be possible to sue the bailiff for wrong attendance under section 66."   Not that your wrongfully held opinion that non debtors are also subject to the Tribunals Courts and Enforcement Act 2007 matters, because as I had already pointed out in the first video because the claimant wasn't suing for wrong attendance under section 66.   He sued for trespass. Part 66 never applied to him because he was not the debtor and never had been. You and the likes of DCBL can disregard that obvious point as much as you like, but bailiffs do not have a blanket immunity from trespass.   Have a look at the article Iain Gould has written on his blog about the case. It might help you understand the tort of trespass in some small way, and might help you adopt a more balanced approach to those poor sods who owed no debt and have had their homes raided and their privacy breached by EAs, and then - to add insult to injury - they come to you looking for help.   What makes it worse is that your defective understanding of when an Enforcement Agents action can give rise to trespass is backed up by your site team members who think it's their job to echo your mistakes not by justifying what you say - because they can't - but by making defamatory remarks at the expense of those who give the 'correct advice'.   Unlike you and your team members I don't hide behind the protection of anonymity. Nobody can hold you to account if you get it wrong, or heaven forbid, if it turns out you  have been working for a firm of debt collectors all along. To add to this, you don't seem to care much about removing libellous remarks from your forum when a legitimate complaint is raised.   To respond to Bank Fodders comment that "At some point in the video it has screenshots of this forum and the narrative suggests that some people agree that an enforcement agent has the power to enter into a property to check on identity. I think that it is intended that the CAG is associated with this belief."   Seriously? I have to point it out to you.   Maybe it has something to do with key members of this forum smearing me on the original thread by saying how wrong my narrative was and then implying I was a Freeman of the Land.   Maybe it had something to do with Gold Member Peter Bard leaving this comment on the same thread that stated:   "The point I was trying to make is that the EA will not be as interested in paperwork as in physical proof that the debtor does or does not live there.   As said there is no requirement for an address on a warrant, in fact the debtor may live at several addresses and the bailiff may attend to serve at any of them. The warrant is against the debtor, not the debtor at an address. It requires only enough info to identify the person.( see CPR wherever it is).   The bailiff will be much more interested in getting in and checking for clothes in wardrobes, sleeping accommodation, letters etc."   I'm sorry if that wasn't enough for you to justify me bringing that point up in the video. I did consider coming here before I completed it and asking those members if they intended to maintain their position that the Enforcement Agent had acted within the law but strangely the forum account I had used to make my first and only posting on this forum in 2018 - to counter the smears - would not allow me to sign in.   Far be it from me to draw any conclusions about my input not being welcome here, I figured Peterbard and some of the key members here would use their creative skills at providing a blanket immunity from civil liability for all EAs by misinterpreting key legislation in their behalf.    It looks like I was right about that also. Unfortunately I have given in to temptation, and am choosing to respond, even though I know how utterly futile it is.
    • There was another poster (Hammy1962) who understood (#3) the distance selling point you were trying to make, but you may have inadvertantly put him off in your subsequent post.  He may still be following this thread.  Wonder if he has any ideas that could possibly help you?    I'm concerned about how you continue if the TS route is not helpful...
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
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      I’ve also contacted their customer service too
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      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
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Huge Payday Loan mess - making progress!


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Firstly I just wanted to say a big thank you to this site for all the great advice and support that it’s provided. I would never have had the courage to get off the re-loan roundabout without it.

 

I let myself get completely out of control with payday loans (never again!!) so wanted to give you an update on my experience with sorting out PP’s with the the lenders:

 

I have set up payment plans with Payday UK, Wage Day Advance, Debit Card Loans, Wages Today, Uncle Buck and Microlend all relatively easily. All of these companies were very pleasant to deal with and were happy to take a reduced amount to clear the debt as I was very honest with them. I have offered very realistic payment plans which should clear the balance in 3-4 months. These loans were all small in size so easier to pay off more quickly.

 

Cash Genie – 3 month payment plan agreed. Interest/charges frozen – they do keep sending me the standard ‘your loan is overdue’ e-mail but I am continuing to pay and will be clear next month

 

Capital One Finance – I’ve set up a 6 month payment plan with these idiots @ £50 per month. Once you finally get through to someone via phone/e-mail they are ok to deal with but it takes ages to sort out as they just ignore you. Keep e-mailing with the subject ‘complaint’ and advise that you are keeping all the e-mails you are sending so should they take any further action, you can prove you have tried on numerous occasions to offer a repayment plan. I think I sent an e-mail a day for a month with the same message! Someone finally got fed up with me and replied!

 

EPDL – proving difficult. I’ve noticed that they have today re-instated my DD for the full amount of the loan. Luckily I caught this and got the bank to recall the money (I have changed all my cards/bank account details anyway so it would have been rejected, I guess I would have been charged though)

 

Lending Stream – still waiting for a response. Has anyone else had any luck here?

 

And finally....

 

Like many others I am struggling with PTP and QQ. That said, the calls seem to have stopped and I’m e-mailing them regularly stating the same payment plan offer etc so I’m hoping PTP will get passed to clarity soon so I can start clearing the balance.

 

Anyway, for all those reading this who are in the same position, do something about it now. I promise it isn’t half as bad as you expect it to be (I barely slept the night before I defaulted on them). Be honest with the lenders, most are sympathetic and for those that aren’t, be fair with your payment offers and stay strong.

 

I should be out of this mess in 6 months time and I’m so looking forward to not having to worry about rollovers and reloaning ever again!!!

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Hi!

 

I've nearly set up all my payment plans too - QQ and EPDL to get sorted as they haven't made contact, the others have made contact but Wonga are ignoring me and PDE are dragging their heels!

 

I have to say I didn't sleep last night but now I feel like a weight has been lifted from my shoulders. It may take me a year to finally clear but boy oh boy it's gonna be worth it!!

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Well done with being honest with so many of the lenders - its obviously proven useful. I dont think there is anything more you can do with the idiot lenders who wont accept smaller repayments, plain stupid is what i think. Just keep badgering them either they will accept or a debt collection agency will accept for them... good luck.

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Agree with all the above...

there is a light at the end of the tunnel

Just need to step out of the spiral and take control.

Much easier once you take charge of the situation.

For what it's worth, i managed a 12 month repayment plan with Wonga!

Am still waiting for a call from paydayuk who have had "my" offer several times now by email...

QQ are the difficult ones so far....seems like they are totally ignoring every email i send.....but at least i have a record.

Good luck everyone

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