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    • The Letter of Claim information is not absolutely essential, but it would be useful for two reasons. Firstly, judges take a dim view of companies or individuals who rush to court without giving the other party notice and a chance to settle - the Letter of Claim.  If they didn't send it we could include this point in your defence and it would be detrimental to them. Secondly, we know Countrywide.  They are a very small cowboy company.  The are reluctant to do court, simply becasue they are very bad  at it.  Their record of beating Caggers in front of a judge is exactly 0%.  They have lost every time.  They send the Letter of Claim also to look for people who don't reply, thinking that the person might not reply to a claim form either, giving them an easy default win.  Conclusion - always best to reply to a Letter of Claim and ridicule the PPC's case.
    • Any update here? I ask as we have someone in a similar situation.
    • Thanks!  I already sent the acknowledgement as i panicked and thought today was the last day to respond.  Then i remembered this wonderful forum.  I'll follow the steps in the sticky next.
    • It's possible.  I suffer from ADHD and also anxiety and depression currently and struggle with paperwork.  I'll have a search around to see if i can find anything.  If they did send something I haven't replied.  I thought there's no way that they will pursue this because I know for a fact i didn't park in a private space and the evidence they have sent is so ridiculous.  What impact does this other paperwork have?
    • The particulars of claim doesn’t mention statement of accounts.  Should I include that in the cpr letter?
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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yes. as i said before easiest way is not to ignore, that way they'll see you are trying, come to an agreement quicker and stop hassling you, trust me, when private number rings the best thing to do is answer, dont give any bank or card details as mentioned previously but come to an arrangement and sort it! good luck.

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Back every phone call up with an email, that way you can confirm who you spoke to and what was said, that way they can't wriggle out of the call - particularly if you officially request a copy of the call at the same time....

 

Play them at the harrassing game and they will go off the boil.

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Success! Payday Express have accepted my payment plan after seeing the front of my tenancy agreement!

 

Payday UK next - will find out after the payment is due when the account falls into arrears!

 

Thanks to all for the help!

 

I also spoke to Halifax head office who've agreed £75 a month to pay off my £400 overdraft another success!!

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  • 3 weeks later...

Turns out PaydayUK aren't the easiest to work around, unfortunately they want 1/3rd of the balance every month for 3 months which for me is about £225 - which I cannot afford. My only option is to let it go to a debt recovery agency and try and make an agreement with them.

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VERY Suprising, in fact i'm totally shocked. i called up before payday, they told me to wait until it defaults. i called up the day it defaulted offered £50.00 per month for 12 months, and agreed to review in 3 months, they accepted called me 3 months later and said i could only afford the £50.00, no problem.... and now i;m nearly done... try again and tell them that you'll have to add this debt to a DMP if they cant agree with you and they'll only get a token payment of £5.00 per month whereas you are trying to sort this out yourself and keep it out of the DMP and are offering a lot more...

 

keep us posted.

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I wouldnt worry about payday uk too much.. They wanted £50 a month off me for 4 months but I wanted to pay £30.

 

They have passed me onto the DCA who have accepted £30.

 

So just hang in there - no extra charges or interest have been added either!

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  • 2 weeks later...

Hi apologies for interupting this thread , Payday express have asked for a more detailed income and expenditure form . Basically I sent them a form which stated creditor "A" creditor "B" etc etc but it had their name on against the amount I owed them and the amount I was offering them .

 

Is it law that they can ask for my other creditors names addresses and phone numbers ? or can that only be asked for by a court ?

 

any help appreciated on this

 

JFK_8

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Hi JFK

 

There is no law that would entitle them to that information, no.

 

When I provided my income and expenditure I just put down basically what I pay in rent, gas, electricity, council tax etc etc....

 

A small claims court can ask you to provide that information just so they know how much you can pay back to that creditor a month/week.

 

On the other side of the fence, there is also no law that would make them have to accept your income and expenditure.

 

I got Payday Express off my back by telling them my circumstances had changed because I had started renting a new property and proved that - if you can give them good proof as to why your circumstances changed they will most likely accept it.

 

Let us know how you get on.

 

Glenn

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  • 3 months later...

Hi,

 

I would like some help to, i dont know how to add my own thread but i am in the same predicument.

 

£500 - wonga

£350 - Quickquid

£400 - payday uk

£200 - early Payday.

 

My issue is that i cannot cancel my bank account, as i work for part of a bank, so i have to have an account with the bank for my wages to go into.

 

Any advice?

 

thanks

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Im nearly 3 months down the line and I have not had to cancel my bank account. Just make sure you check they dont set up any cheeky direct debits thats all.

From my experience QQ wont negociate unless you can pay off in 3 installments. Wonga will set up a plan if you keep emailing them none stop and thats also same for payday uk.

Its not as bad as it seems. Just keep firing emails at them and in the end you will come to some form of repayment plan!

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Is there a standard email i should use?

 

Template etc?

 

I am so confused, just want to be able to not worry about it.

 

I must admit finding this website has made me feel alot better, i dont feel alone now! :)

 

thanks

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Yeah I would have also been lost without this website and everyones help..

 

I dont think there is a template but I would just email something along the lines....

 

"TO WHOM IT MAY CONCERN - CUSTOMER SERVICE"

 

Please be advised I will only communicate with you in writing.

 

Re: Name .... Loan Agreement Ref :

 

I have recently defaulted on a loan I took out with you and due to financial difficulty this month I am unable to pay the full amount owed - £....

I would like to request all contact via email as I am working long hours at the minute and it is much easier/quicker to reply via email. I know I took out the loan and have every intention of paying it back. I have been doing all the reasearch I can and I know my rights.

 

I would like to set up a repayment plan with you as soon as possible and request any charges and interest to be frozen. I will also make a payment ____ by standing order to show I have every intention of paying back my debt.

 

I look forward to hearring from you. Please note I would like this sorting as soon as possible so I will be send the same email to various email address until I get a response.

 

Im by no means an expert and I really wouldnt have got as far as I am now without everyones help...

 

Suppose it just gives you some idea how to get the ball rolling...

 

:)

Edited by Tink_2010x
typo!
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