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Crispybacon v Wonga


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Hi All

 

I took out a loan with Wonga in June this year and since taking out this loan my finances have suffered. I have offered a DMP proposal to all of my creditors and have received the following email (below) back from Wonga.

 

I know this is mainly bluster into trying to frighten me into paying the whole sum back (which I cannot afford to do) and think my repayment offer to them is fair and in line with what I can afford.

 

Any suggestions as to a response?

 

Cheers

Crispy

 

When you applied for a loan with us on the 02nd June 2010 then chose to extend the loan twice on the 30th June 2010 and 29th July 2010 , you chose your own terms by selecting both the amount that you borrowed and the period that you wished to borrow for. In doing so you entered into a formal agreement with us and implied in making the contract that you had both the means and the intention to repay the loan as well as any fees and interest that had accrued, on the date of your choice (31st August 2010).

 

Our decision to lend to you was made on the basis of this contractual commitment from you. Should you have deliberately entered into a contract with us where you had no intention or no means to complete it, we are at liberty to consider your actions a deliberate attempt to deceive us and to treat the matter as fraud.

 

Where it is clear that any customer does not have the means or intention yet borrows money from us, then that action is a deception and we subsequently consider that to be fraud.

 

If you fail to make your payment on the date that you selected, we can view it, that by virtue of your email ( 15th August 2010 ) dated 15 days before your loan due date, you deliberately obtained credit with no intention of repaying it and will treat the matter as fraud.

 

Where you can demonstrate (with tangible proof) that, between the point of you borrowing and the point that you contacted a debt management or similar company, that you have suffered a material change in your financial circumstances which you have not negligently brought upon yourself, then we may consider an offer submitted such a company.

 

We currently require you to repay your loan in full.

 

Should you choose not to repay us and where we do not receive proof of a change in your financial circumstances, we may consider that you have obtained credit from us by deception and will treat your conduct as criminal.

 

As such we will have no obligation to treat the monies due to us as a debt rightfully borne from a credit agreement but as a potential loss caused by fraud. We will pursue this matter, by whichever means that we see prudent, that is to say as a civil matter, until we are content that our interest's are protected.

 

We urge you to ensure that sufficient funds are made available for us on the 31st August 2010 to settle your loan as agreed.

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Point out to them that you are in a self administered DMP to avoid high charges being taken out of what little you have to offer your creditors and that all monies currently due (as you are not in arrears you only owe the loan amount with NO CHARGES) will be repaid over a period of YOUR choosing as stated in their terms and conditions...

 

The 'by virtue of your email dated 15 days before' is claptrap, you are informing them IN ADVANCE of a problem and are asking for their co-operation.

 

As this is not going to happen you might want to take their email to Trading Standards via Consumer Direct and lodge a complaint there.

 

Keep every single email between you and them and you will soon have enough evidence for Trading Standards to act. I would also send the email to the Advertising Standards agency and lodge a complaint with them, WONGA are fond of quoting that YOU pay the money back in YOUR time, clearly this should work both ways otherwise it is an unfair term and condition.

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seems my winges with them have fallen on deaf ears then when I complained they tried the old we are in league with the met and police and fraud bit with me too in my e mail to me was added in block caps fraud and jailed upto 10 years I am at the mo fighting them Hold on in there the more we get agasinst them the better and hopefully rip em apart (wait until the bit you get about sending someone out to you about someone coming out to pre assess your assets prior to legal action ) I'm afraid they have the attitide of what I call the Matilda syndrome (I,m right your wrong I'm big your small and theres nothing you can do about it) let us know what happens good luck

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Hi Guys

 

Thanks for your replies and support. I have responded to their email stating that I utterly refute their claims of fraud, that such a claim was without merit and I would defend it vigourously.

 

I also reminded them that I was contacting them to let them know I was not going to be able to make my payment which they ask customers to do on their own website (with link to relevant section!)

 

Obviously something worked as I got the response below (this was from their 'customer care' team as opposed to their 'collections' team).

 

I have emailed this specialist debt team and will keep you posted....

 

Thanks for your email, relating to your your proposed debt management plan. Your selected debt management company should send any correspondence to our specialist debt management team. Their address is:

 

 

Wonga.com

Debt Management Team

Po Box 15183,

Glasgow,

G2 2DN

 

Email: [email protected].

 

They will assess your proposal for repayment so they should include your income and expenditure breakdown. You should be aware that until a repayment arrangement is agreed you may continue to receive contact from us regarding your arrears. Our card payment collection programme will also continue and interest will also accrue until an arrangement is in place.

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