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I have just received a statement from W

and the starting amount Is different to the loan amount

 

it a difference of £75

 

so can only assume it's a charge. I

 

v never missed a payment and have a year left on loan.

 

Having just been made redundant finances are hard right now

 

and if I can get out of this loan...

 

please give advice...

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moved to a thread of your own.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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we don't do 'get outs'

 

anyhow

 

i would suspect like all welcome loans you've been had for charges & all manner of mis-sold insurances that you can reclaim.

 

have you the complete payment history & the aGREEMENT??

 

 

do some reading in this forum too.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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As dx100uk said We don't do get outs.

therefor read this blog

Debt Threats - a quick self help guide

 

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by Undercover-Elsa on 22nd November 2010 at 17:18 (1053 Views)

 

Ok so you’ve Googled “debt help” and found your way here. Welcome to CAG!

 

Most people come to C.A.G. for help because they are being bullied and threatened by Banks or Debt Collectors and feel they have nowhere to turn. They come wandering onto CAG like lost souls, after sleepless nights, feeling frightened, worried and sometimes in despair.

 

The sad fact is that these companies rely on the average person’s lack of knowledge of their legal rights to bend the law and frighten them into paying, regardless of their circumstances, whether they can afford it or whether they have a legal right to do so.

This is where CAG can help, and you will get a non judgemental welcome and support in sorting out your problems and redressing the balance against these sometimes unscrupulous, most times uncaring companies.

We find we are writing the same main points repeatedly in the debt forums, so this blog is a quick “get you started” guide.

 

THE GOLDEN RULES

 

NEVER SPEAK WITH THEM ON THE PHONE.

You will lay yourself open to being bullied and deceived into thinking they can do all manner of dreadful things, which they would never dare put in writing. Additionally, for legal reasons and your records you need to have everything in writing.

If they catch you out, refuse to go through the security questions and tell them “from now on everything must be in writing”. Then hang up.

If the phone calls become a nuisance, send them the TELEPHONE HARRASSMENT letter. Many phone companies operate a choose to refuse type service to block unwelcome calls, costing around £5 per month. There are also excellent call minders such as truecalllink3.gif, a small unit which sits between your phone socket and phone. It allows you to designate "starred" callers eg friends and family, and to block or zap unwanted callers. It also features a recording device if you buy the full version.

If you find yourself in the unfortunate position of having to speak to a creditor on the phone, *always* record the conversation so that their threats can be proved and their promises cannot be broken.

 

DO NOT SIGN OR ADMIT ANYTHING

When communicating with these companies, get into the habit of referring to the debt as “the above account”, not MY account.

Print your name by hand or use an anti tamper signature strip.

 

DO NOT LET THEM INTO YOUR HOME

“Doorstep callers” have NO RIGHT OF ENTRY. They have no rights whatsoever and cannot come in or take your possessions.

They may tell you they can. They cannot.

They may threaten to send Bailiffs. They cannot send bailiffs UNLESS you already have a County Court Judgement which you have failed to pay.

If you are threatened with a “Doorstep Visit” don’t worry, they rarely turn up, it’s just another way of frightening you into paying.

Send them THE DOORSTEP VISIT LETTER. If they do (rarely) turn up, simply tell them to leave your property, then close the door and walk away.

They HAVE to go, otherwise you can report them to the Police (not 999 though – ring the local station)

 

 

MAKE THEM PROVE THEY HAVE A LEGAL RIGHT TO COLLECT THE DEBT

Send a “CCA Request” (for a copy of the Consumer Credit Agreement) using the CCA REQUEST LETTER. Make sure you alter the section number (77 for fixed term loans / 78 for running account credit eg credit cards). Do not sign it, print your name and send by Recorded Delivery, saving the receipt. They have 12 + 2 working days to respond.

If they fail do do so they cannot enforce the debt until they do.

If they continue to harass you while in default of your request (after the required period) then send them theACCOUNT IN DISPUTE LETTER.

 

MAKE THEM PROVE THEY ARE DEMANDING THE CORRECT AMOUNT

If you dispute the amount and feel that unfair charges or mis-sold Payment Protection Insurance has been added, send them a SUBJECT ACCESS REQUEST LETTER.

Again, hand print, don’t sign, enclose a PO for £10 and send recorded. They have 40 days from receipt to comply. The charges / PPI can be claimed back + interest.

 

MAKE THEM PROVE IT’S YOUR DEBT

If you are unaware of the debt being claimed, ignore the first couple of letters, as it may just be a “fishing trip”. If they become more persistant, send them the PROVE IT LETTER.

We get many people on here being pursued for debts which aren't even theirs, but human nature being what it is, the average person tends to assume that an authoritive letter MUST be right.

They may even pay up when it's not their debt, thinking it must be something they've forgotten about. ....WRONG!!

In other scenarios, Debt Collectors may wrongly ASSUME you are the debtor they seek, via bad tracing practice eg chasing someone with a similar name. The onus is on THEM to prove it's your debt. It's not your responsibility to prove it isn't. Never give them any personal information whatsoever in an attempt to prove who you are. They WILL misuse it.

Always make them prove it's your debt...if they can.

 

MAKE SURE IT’S NOT STATUTE BARRED

If you have not made a payment or acknowledged a debt for 6 years (5 in Scotland) then it becomes Statute Barred and cannot be collected. Send them the STATUTE BARRED LETTER. For Scotland, send THIS.

Note that even if you inadvertently make a payment AFTER 6 years is up, don’t worry, it remains Statute Barred.

If they continue to harass you report them to the Office of Fair Trading.

 

 

That should be enough to get you started! Start your own thread in the appropriate forum, eg Debt Collection if you dispute your debts or are being harassed by Debt Collectors, Legal Issues if Court Action has been started or Debt Management if you accept the debt and want help in arranging payment plans or full and final settlements.

 

Remember this is a self help forum populated by volunteers who have been in similar circumstances as yourself.

Whether you take the advice given (which may vary) is your own decision and responsibility. Do your own research on here and always get professional help if necessary. Arm yourself with knowledge and you will begin to feel confident and in control again.

 

Finally, never be afraid to ask if there’s anything you don’t understand. YOU need to know what you are doing and why you’re doing it, so you can take control and begin to see the way forward.

 

And keep your chin up, you’re among friends now! :-)

Elsa x

 

Footnote:

For the avoidance of doubt this blog is NOT about the avoidance of debt.

It is about ensuring that consumers are not hoodwinked or harassed into paying more than they can afford, or debts they do not legally owe.

 

No one on earth will ever convince me that owing someone money due to unforeseen changes of circumstance gives anyone the right to harass the debtor to the point of sleepness nights, to being afraid to answer the phone or door, to terror at the threat of homelessness, or to illness, despair and even suicide.

Hopefully now you’ve found CAG you’ll take the first steps in learning how to regain your confidence and, armed with your new knowledge, ensure that you are treated fairly and in accordance with the law.

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Further info to read...

Even if an agreement does not exist or is flawed, it makes the agreement ‘unenforceable’,

which means that the debt cannot normally be enforced in a court of law where the creditor might try to get a CCJ against you,

probably with a view to securing the debt against your property through a Charging Order.

The debt still exists and you expect that the creditor would still chase you for it.

If you fail to make and uphold a repayment arrangement, then the creditor will typically engage a debt collection agency to chase you

and also register damaging data against you on your credit file.

 

The legal position is that the debt still exists and the only way that it can be ‘written off’ is if you make some agreement with the creditor to make a full and final settlement on the account.

 

If the debt is unenforceable, then you are obviously in a strong position to negotiate a significant reduction in settlement.

In this case, you should always make sure that any unlawful charges (and interest on them) added on to the account

are removed from the balance before you start negotiating, as they are your money and not owed to the creditor.

You can also request that any default be removed from your credit file as part of the settlement.

Firms often pretend that they are legally bound to keep defaults on record, but this is completely untrue and they have discretion to remove them, as they have no statutory right to file defaults anyway.

**copied from this site**

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If this is Welcome, then can you remember if you took out any PPI with the loan ? As this potentially should cover you if you were made redundant....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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