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    • The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   2. Paragraph 2 is denied. The claimant pleads that the defendant failed to maintain the required payment, arrears began to accrue. Given that the claimant has failed to comply with my CPR 31.14 request and failed to evidence such fact and would not be in a position as Assignee of debt to know the details of any alleged breach. The defendant has never received a Default Notice from the original creditor. As the claimants plead in their particulars precise knowledge of the default, they are put to strict proof to evidence such fact.   3. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • I will get my son to upload the video when he gets in. No down hill slope just a small  gradient and from the turning he came out of its maybe 15 shops until the traffic lights. Maybe it didn't get faster but he feels like it did (not clear on the video)  I'm picking him up from work tonight I'll pay attention to the gradient when I go back.   He'd only changed up to 2nd so he wasn't driving fast    Upside he knows now to always be prepared for ice  
    • Not sure why you keep changing your point 1 back to .....   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   We you the court the claimant already knows ......The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. its on the claim form.   Keep it as post #59 add post #66 renumber job done.
    • Hi all   Update, so they still have not provided any statements/documents etc regarding the account (I have the original SAR though) and since the beginning of October I have received a letter stating that they believe the debit is not SB because a payment of £340 was made April/May 2014 (this is credit and refund mentioned earlier in the thread). They have so far not received the statements etc from the bank but will forward them on due course, but if I should contact them to arrange a payment plan.   I have since had a offer of a 50% settlement and then last week a 75% settlement. My view is that they are just hoping I will bite and pay them something but that is not going to happen, I have not communicated to them since that single telephone conversation back in July.   The one thing I have noticed when I use Check My File is that the account status was changed November 7th to Query at Equifax, even though the default expired on November 4th so it should have disappeared by now. The original Satans Bank default was removed on time, but the Cabot account reference is still there albeit not negatively impacting my score it just has a status of 'Q' against November and the balance showing. There is no history showing before November it almost looks like a new account was setup with a Query status against it.   Does anybody have any idea of what is going on here? The cynical side of my is thinking they are forcing me to get in touch with them in writing about the account before their incorrectly perceived April/May SB date passes. I know Equifax does take longer for updates compared to the others agencies and in a few weeks it may be gone.   I'm just wondering what peoples views are, personally my credit score is almost in the excellent bracket and I'm not planning to get any credit soon so it makes no difference to me for now.
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fireflyer

Wage Day Advance cleaned out my bank account on Xmas Day! Help please! **

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Hi

I had a repayment plan set up with Wage Day Advance. I agreed to pay £50.00 per month which i have been doing. I paid £50.00 on the 27.9.10. and 2/11/10. I was due to pay another £50.00 this month.

I was late with the payment but i had kept in touch with WDA by phone and e mail.

On Xmas Eve they rang me to collect the £50.00 payment. I was stuck in traffic trying to get to the bank to pay the money in to pay the £50.00. The guy on the phone said they were closing at 5pm. and would not be available until th 29th. I said if i didn't make it by 5pm, i'd call first thing on the 29th (after bank holiday). He did sy he couldn't 'hold the account' but when i said, worst way, i'd pay on the 29th, he said OK.

On Xmas day £425.00 was taken from my account! Which was nearly all of which was in there. I have learnt today that it was WDA who took it. I've spoken to a very arrogant woman in their offices today who told me with great glee that the repayemne plan was a 'goodwill' gesture and they can change their minds on that at any time. I said that i had not authorised this payment and she said that in their terms and conditions, they hold bank details and can access bank accounts and take money when they want.

Further to this, i was told in September that the ineterest had been frozen and at that time im owed £437.00. I have paid £100.00 off that blance since then and they still took £425.00.

The woman on the phone today said that the interest was never agreed to be frozen, which is an out and out lie.

My bank can't help. They say it's not fraud because i know them. The only thing they say i can do is write to the visa dispute dept who can request a refund from WDA. The woman in WDA's office said i've got no chance of getting the money back and said with great enjoyment that they were fortunate to find £425.00 in my account.

Great news fr her, but for me a Xmas with no money and no money in my account to pay a couple of bills due out now!

What can i do???

I wish i'd never got involved with pay day loans - i was desperate at the time but, my God, i'm so angry with the situation.

Please, can anyone advise as to the true legal position i'm in here?

thank you all

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Did they confirm the repayment plan or agree to freeze the interest in writing??

 

They can not change their minds over an agreed repayment plan i'm sure given the recent ruling about these companies dipping into peoples account without authorisation the OFT would have something to say about this.

 

Your problem may be if the repayment plan was in arrears, they could deem it to be broken and the full balance then becomes due along with any additional costs.

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Get onto the OFT they have reminded several companies of their obligations NOT to empty bank accounts.

 

You need to go to the police and get a crime number and then get back to your bank to return the funds pronto. Get your local MP involved as well.

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Hi,

I've checked back through e mails etc. I couldn't find anything in writing about the interest being frozen, but i did most of my dealings with Wage Day Advance via the phone. It was agreed (certainly verbally during a phone call) that all interest charges would be ceased if i paid £50.00 per month.

I am late with the payment, however, i have copies of e mails sent with regard to this month's payment being late. They had accepted the late payment. It all changed, suddenly, on Xmas Eve. I arranged to pay £50.00 - WDA office was closing at 5 because of Xmas, i was stuck in traffic jams. The last converstaion i had was i said i'd call back on Wednesday 29th first thing in the morning to pay the £50.00. To my shock, £425.00 was taken on Xmas day, of all days.

My bank say there's nothing they can do because the payment is still pending and they can't see who has taken the money. I know it's Wage Day Advance because i've spoken to them.

The biggest wind up of a conversation i've ever had! Some cocky woman gleefully telling me that there was no agreement to freeze interest (a lie). Let's face it there would be hardly any logic in paying them £50.00 a month to reduce the £437.00 debt if interest of that amount was being added every month.

I agreed to pay the £50.00 a month on condition the interest was frozen.

I just don't see how this is legal. I spoke to the guy in their office on Xmas Eve pm. (the lady i spoke to today assures me he's not a liar)! The payment of £425.00 must have been taken Xmas Eve, i assume, because who would be working Xmas Day? The bank say it was the 25th that the withdrawel was made.

The bank say they can't do anything until the payment has finalised and then they can see who it is. I've told them who it is! Then they say i'll have to take it up with the bank visa debit dispute people.

These pay day loan companies have no morals. They will lie and cheat and then laugh at you when they've had you right over.

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When i was talking to the woman at Wage Day Advance this morning, I said to her that i had not authorised this payment. That i wasn't warned or told that this was going to happen and that i was reporting it to the bank as fraud etc.

She was very confident and emphatic that this is in their terms and conditions. They've committed no crime whatsoever. She very arrogantly advised me to 'waste my time' by going to the bank, the police, whoever i want...........they have acted within their rights.

I don't know what to do, where to start with this.

If i didn't need the money and know that they have taken far more than i owed, i'd walk away before i wind myself up into a total angry frenzy here.

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They could set up an automatic payment run to withdraw funds on any day of the year. without confirmation in writing over the interest freeze its your word against thiers.

 

If you have emailed correspondance confirming they agreed to your late payment then thats the road to go down. Send them a copy with a request for immediate return of the extra £375 they took in error, make sure you copy in the OFT get them involved ASAP as they have made it clear no company can just dip into your account if you have a repayment plan set up.

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I have just been in touch with OFT.

They were very sympathetic but nothing they can do!

They have advised me to get a copy of the Terms and Conditions. If these state that Wage Day Advance can take full amount plus interest and additional charges etc then that is that.

They advised me to contact them again and also they said the more people that contact them regarding WDA the better because all complaints etc are filed and it's not good for them to have complaints.

I don't see contacting the police is a sensible route. Surely, this is a civil matter?

No fraud, as such, has taken place.

I'll write to Wage Day Advance - any ideas on a template letter to e mail/post to them?

thanks

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i wouldnt waste my time writing to WDA it will not help. get onto the bank and continue to badger them for a chargeback... that is the only possible way forward in my experience.

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Hi,

my bank (visa debit disputes) have returned the money that Wage day advance took from my account. Good news in a way. But they have said that they are investigating matters with WDA and if they were within their rights to take the money, then the bank will take it back again.

I suppose WDA will say that the terms and conditions allowed them to do this. I've sent e mails to WDA - no repiles, nothing.

Any ideas what i can write to my bank? It's not the money, as such, anymore for me. It's the principle and the fact that i had an agreement with them to have interest/charges frozen and they took more than i owed because they denied we had this agreement.

I want to write to my bank asap, any advice would be greatly received.

thanks

Fireflyer

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Do you have any other accounts you could use. Just because WDA are such devious swines that I dont want to see them clearing your account again. If you had another account at least you will be safe in the knowledge that they have no access to your money

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you'll have to wait it out and if WDA get it than i dont think there is much you can do... (sorry) perhaps other people might know more?

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Halifax and the Post Office both have good basic accounts, the Halifax one is done online and you have full online facilities to pay bills and transfer money, as well as check up on direct debits and standing orders.

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Hi,

thanks for your advice. I don't have any other accounts but i will look into opening a new one, if i can.

The thing is really, if WDA win the day, i'll owe the money back to the bank (in full) anyway. So, i'm just going to cause grief with the bank if i don't return the money to them. I'll be chased and threatened by them next!

I was wondering if there is any response i can send to the bank in writing to cement my case against WDA? OFT rules etc? Put pressure on the bank to in turn pressure WDA. They are a dishonest, devious bunch of people to deal with but the bank might have some clout against them?

Ty

Fireflyer

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Go onto the OFT website and there is a press release you can send to all parties which states they are interested in companies who misuse direct debits, Safeloans was the company involved here, underr the PaydayUK banner (and they have just been bought out by Gothia)....

 

Rub their noses in it.

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Hi

thanks for your time and advice.

I have spoken to my bank (visa debit disputes) - they have asked for a voucher from WDA - they sent this on the 4th Jan - they've not recieved anything back yet.

I have printed the press release on OFT web site and have posted a copy to my bank and WDA. Also enclosed the two e mails that i sent to WDA which have never been acknowledged.

I will take every measure i can to slap these ***holes back round their faces.

thanks again for your advice

Fireflyer

Edited by fireflyer

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How did you get on? They have just emptied my account!

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Hi,

 

Ive just been reading through all these comments due to WDA cleaning out your account... Im really sorry to hear that this has happened, unfortunatly im not going to be much help for you to sort the situation out as i am in a similar boat... :-x

 

I have been with WDA for a little while as i needed some help it getting rid of some bills which is now done. But now i'm stuck with WDA taking 700 from my account every month and forcing me to re loan all over again...

 

I rang them today and asked if there was a way of me slowly coming out of the loan so i didn't owe them any money any more and they automatically started accusing me of not being able to make my payments each month and cancelled the application ide filled out for this month, so now i have 16pounds for the next 4 weeks :sad:

 

The man and woman i spoke to at WDA advance had no sympathy for me at all... i explained that it wasn't the case i couldn't afford it because i can, i just wanted advise and help from them to know how to get back out of the loan, so as an example... i see you were paying 50 pound a month? they told me they did not offer payment plans at all, so they took their 700pounds and left me with nothing...

 

After threatening them with legal proceeding, after they gave false advertised they could help if you were having trouble making payments or if you needed any help or advise and also of frauding people into thinking they will be looked after, when their not as all WDA advance want is their interest!!! The woman spoke to her supervisor and agreed to give me a small loan which still does not cover my travel to work or food...

 

So i was wondering if you would be able to let me in on how you got them to set up a payment plan?

 

Also i don't know if it helps but when they offered me my 'small' loan today she did say something about me not having to pay the interest next month until after december..? is this what they told you in relation to 'freezing your interest', if so your not the only one who has been offered this option, i declined the offer.

 

WDAtwits

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P.S i will also be complaining to this OFT as well, so that shall also be another complain against their name... i wish i never asked for their help now at all!

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hi i was reading through the comments on this page and decided to have A look at the terms and conditions on wda they have 2 terms and conditions one of them is based on there web page the other is for the loan and knowere does it state they can empty your bank account or dip into it at any given time it clearly states that they can only gain accsess to your account by the due dates you have set up with them so for them to say its in there rights is a blaint lie

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It's stories like this that have put stop to me even trying to pay them.

 

I charge back whenever they take money and will happily see the cockroaches in court rather than let them take what they don't deserve. Absolute wastes of space.

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