Jump to content


  • Tweets

  • Recommended Topics

  • Posts

    • As you have made this so black and white, I have just realised I have probably made a total mess up here 😕   Yes, the original RBS mortgage from 1999 changed in 2009 to a buy-to-let with a different mortgage company, for the same property.   As I thought I had to have a life assurance, this would be ok, even though it was a much smaller amount.   It states the policy holder as myself and the property address and says 'in return for the payment of agreed premiums the company will pay the benefits in accordance to the policy conditions' it doenst really specify who would be paid. I have actual document here.   Something to mention, when I bought this property it was uninhabitable and I have never actually lived there. It was empty for ten years until 2009 when I got some additional borrowing, renovated it and let it out.   In 2011 therefore when it changed to Aviva, that mortgage had been paid off 2 years before.   I have a feeling you are going to say it was my responsibility to have cancelled the policy in 2009 with RSA or with Aviva?     As I had been advised by RBS, I thought I had to life insurance/assurance of some kind as I had a mortgage.      
    • I'm on a Covid run all this week, for some reason I thought it would be quite easy, starts in St Andrews then Dundee, Perth, Stirling, Cumbernauld then Glasgow over 200 miles. I drop of empty Test boxes and collect the ones that are ready to go to the Labs for results.   Every Testing Station today said they had not been very busy over the weekend, it was quite nice weather over the weekend which is more than likely the reason for the lack of numbers.
    • Credit file: One account(showing balance of £0 due) for main line showing missed payments from December 2020 (when the contract itself was terminated in August 2020). One account(showing loan of £204 due) for second line showing as being in default since November 2020. As a result of these my credit score has gone down-this is due directly to these two accounts which showed on my credit report as a 'negative factor'   Credit disadvantage: When my Virgin contract ended, I attempted to take up a new contract with another company. I was prevented from doing so at Vodafone as they required a deposit of £150, plus I would not be entitled to the free handset, but would have had to pay £179 for it and the monthly payments would be increasd. I was able to take out a handset at Three, but again instead of being entitled to it free, I had to pay £189 for it.   I will check carefully to estimate the amount of time involved-I have queries going back to October 2019 attempting to deal with this.   I have also received from Virgin another letter giving me the password to unlock the files they sent me(shame it doesn't actually work) and a second email again confirming they will erase my data unless they have to keep it.   I'm wondering if they're planning to use that email as their response for the ICO where he gave them until March 11 to either tell me what they are going to do to put things right or explain why they believe they have met their data protection obligations'?      
    • “We want to get Amigo back to life again” – CEO’s statement as lender posts £87m loss View the full article
    • My case is adjourned to this Month. I'm about to send out my Supplementary Witness Statement. Could someone please check if the following is efficient? My court cost is now over £1000 as it was adjourned 3 times  Thanks!   Supplementary Witness Statement to address the new case exhibits introduced at the hearing on 10 November 2020   VCS v Ward  1.       This case is often quoted by the claimant as assisting their case. However in this instance it actually assists mine. It is contended that the act of stopping a vehicle does not amount to parking. This predatory operation pays no regard to the byelaws at all. It is likely that this Claimant may try to rely upon two 'trophy case' wins, namely VCS v Crutchley and/or VCS v Ward, neither of which were at an Airport location. Both involve flawed reasoning and the Courts were wrongly steered by this Claimant's representative; there are worrying errors in law within those cases, such as an irrelevant reliance upon the completely different Supreme Court case. These are certainly not the persuasive decisions that this Claimant may suggest.  Semark-Jullien Case  2.       Whilst it is known that another case that was struck out on the same basis was appealed to Salisbury Court (the Semark-Jullien case), the parking industry did not get any finding one way or the other about the illegality of adding the same costs twice. The Appeal Judge merely pointed out that he felt that insufficient information was known about the Semark-Jullien facts of the case (the Defendant had not engaged with the process and no evidence was in play, unlike in the Crosby case) and so the Judge listed it for a hearing and felt that case (alone) should not have been summarily struck out due to a lack of any facts and evidence.  3.       The Judge at Salisbury correctly identified as an aside, that costs were not added in the Beavis case. That is because this had already been addressed in ParkingEye's earlier claim, the pre-Beavis High Court (endorsed by the Court of Appeal) case ParkingEye v Somerfield  a. (ref para 419): https://www.bailii.org/ew/cases/EWHC/QB/2011/4023.html  ''It seems to me that, in the present case, it would be difficult for ParkingEye to justify, as against any motorist, a claim for payment of the enhanced sum of £135 if the motorist took the point that the additional £60 over and above the original figure of £75 constituted a penalty. It might be possible for ParkingEye to show that the additional administrative costs involved were substantial, though I very much doubt whether they would be able to justify this very large increase on that basis. On the face of it, it seems to me that the predominant contractual function of this additional payment must have been to deter the motorist from breaking his contractual obligation to pay the basic charge of £75 within the time specified, rather than to compensate ParkingEye for late payment. Applying the formula adopted by Colman J. in the Lordsvale case, therefore, the additional £60 would appear to be penal in nature; and it is well established that, in those circumstances, it cannot be recovered, though the other party would have at least a theoretical right to damages for breach of the primary obligation.''  
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Please note that this topic has not had any new posts for the last 3562 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hey, I’m new to this forum so please bare with me!

 

I’ve been reading the forums for about a week now and have gathered a lot of useful information, but thought that it was about time I bit the bullet and posted about my own problems. I, like many others on the site have fallen into the payday trap. Looking around the forum it’s good to know that I’m not the only one out there that’s gotten into this mess and that alone has made me feel a little better and spurred me to take control of my finances.

 

I first used a payday loan company last year to pay some unexpected bills, and paid it back with no problem. I then took out another loan in December with the same company, as I found myself short of cash for Christmas. Then I had my gas/electric bill through in January, which lead to me taking another loan with a different company. After paying these back I had no money to live off, so took out a third loan…

Long story short I now have four payday loans, all of which are due on 31st of this month. I cannot afford to keep rolling over all of these anymore. I know my situation may not seem as bad as some others, but it’s very quickly spiralled out of control, and it’s really starting to upset, panic and frustrate me.

 

The loans/amounts are :

WONGA : Original loan of £600, £819 after 1 months interest

QUICK QUID: Original loan of £250, £312 after 1 months interest

PAY DAY EXPRESS: £250

PAYDAY UK: £188

 

I’m just not sure where to begin. I know I need to cancel my debit card and I can do that no problem. I currently bank with Lloyds TSB, but I do have an old account with HSBC. My wages fall on odd days, it’s not a set day, but the loans are always due on the last working day of the month. For example, I’ve been paid today, and next month I get paid on 27th. Is it enough to cancel my Lloyds card and request a new one, and transfer my wages to my HSBC account, transferring it back for rent etc, or do I need to close the Lloyds account completely?

 

I’ve seen sample letters on the site so have a rough idea of what to write when I first contact the companies for a repayment plan. I’m not sure what to offer each of them when I approach them. Wonga is the real issue as that alone after interest is more than I earn! I can afford to pay them about £100 a month- is this a reasonable offer, too much, not enough?

From reading the forums I know that Quick Quid tend to only offer 3 month payment plans, and I can afford that if they accept as that again works out around £100 a month.

As for the other two, I could just about afford to pay off PDUK in full this month, along with the £200 (£100 each) I’d be sending to Wonga and QQ if they accept my offer, or should I just contact PDUK for a repayment plan too? And what should I do regarding PayDay Express? I’ve read that they’re pretty tough to deal with

 

I just need some help on where to begin, and what to follow up with when they respond, as it’s all a bit overwhelming. Any help and advice would be greatly appreciated :-)

Link to post
Share on other sites

OK, you're certainly not the first to fall into this trap. So number one welcome, and number two please don't panic! The most important rule - and this is from someone with many more Payday Loans than you have - is to remember that the creditors are going to try hard to recover their money (by sending threatening letters, text messages, phone-calls at work etc etc) but at the end of the day you can't pay what you don't have. And any court (if it ever comes to that - which is usually after many months) will only enforce that.

 

The first thing you need to do is to cancel the cards that the Payday Loan Companies (PLC's) use to recover their money. Make sure you report them as "stolen" and not as "damaged" because otherwise I've heard the banks can continue to force through payments. Obviously, the second thing to do is to is to cancel your direct debits.

 

The second thing is to email the companies with a reasonable offer of what you can afford to pay. In other words, calculate your disposable income as your income (from whatever source) minus all your outgoings in the month (including shopping / hair / mortgage / rent etc etc).

 

Next, work out what you owe each company on a pro-rata basis. So if the first company is owed £100 and the second £200, you pay the second twice as much (from your left-over money each month) and pay it regularly. Post on here if you need to know how to do that.

 

Make sure you contact each company by email (keeping each email) and do so regularly. Remember... You can't pay what you don't have. If things ever escalate, this will count very strongly in your favour.

 

I've got PDL's with Wonga and QQ and they both accepted my offer. Make sure you make reasonable payments and - if at all possible - don't take on more debt to pay off the others. That includes paying the interest each month, or doing a roll-over to improve the amount of money the PDL will give you!

 

Whatever these companies might say, they do (genuinely) have a high proportion of customers who don't pay in full each month so you're really - really - not the first and don't be scared. You have friends here so feel free to post away.

Link to post
Share on other sites
Next, work out what you owe each company on a pro-rata basis. So if the first company is owed £100 and the second £200, you pay the second twice as much (from your left-over money each month) and pay it regularly. Post on here if you need to know how to do that.

 

Firstly, thanks for the welcome and for the kind, reassuring words :-D

 

I've never thought of it like that, I just thought I'd pay QQ £100 a month to pay it off in the three months they usually push for, so that it's dealt with quickly. If I offer to pay both QQ & Wonga £100 a month, I'd still have enough money to live without struggling, and once QQ is paid off, I'd obviously have £100 extra each month so certainly wouldn't struggle.

 

Would it be better to calculate it on a pro-rota basis, and offer QQ and PDE less than Wonga then? PDUK isn't really an issue as I'll pay that one off straight away.

Link to post
Share on other sites

hi and welcome. i had 9loans, and now oly owe to 4....

 

 

Here goes....

Wonga - send the same email to [email protected] - [email protected], [email protected]

 

they will respond quite quick. stop and freeze interest. do this right away. they may ask you to call. anyay if your looking for a 6mth plan adv this, and ask for sort code/bank acc and reference number as you will now make payments via bank transfer,

 

PDUK are generally ok for plans, but expect you to default first....

 

QQ cant be annoying..

 

 

If possible id pay the PDE as they are the most awkward ***** in this business.

Link to post
Share on other sites

Wonga is the one that's causing me the most problems, I've cancelled my debit card today so will email them tonight. I have a draft of what to say. I've explained why my circumstances have changed, outlined my repayment plan, asked them to freeze interest, asked for their bank details and asked for future communication to be via email. Is there anything I've missed?!

I'll also get in touch with QQ tonight. The others I can repay one this month, then contact the other, just need to decide which will be more understanding and the lesser of two evils =P

Link to post
Share on other sites

Okay, so I did something silly and have rolled over these loans again :|

 

I left it too late to sort out my bank account. I want to make sure I have what money I do have secured before I contact anyone. I reported my debit card as lost/stolen and requested a new one, but after reading stories of PDL companies wiping accounts, I am now wondering if this will be enough?

 

I know what I need to do regarding contacting the companies, it's this part that I need a bit more guidance on as I'm not sure what's the best option. I'm a bit clueless on this part.

 

I've banked with Lloyds TSB since I was a teenager and ideally don't want to lose my account with them. I've read that if I get a new debit card, and set up standing orders to repay the PDLs, they cant take any more money from my account than I have authorised. Is this right? Wont they still have my bank details though? This is the bit I dont understand as you have to give them your sort code and account no when you apply, and even if you get a new card those are still the same. :???:

 

I am looking at setting up a Halifax Easycash account as that's the one that seems to be recommended on this forum. I'd get my wages paid into there, get my rent and bills taken from that account etc. Then I'll transfer money into my old Lloyds account to pay back the PDLs. They cant take money that isn't in the account, so if I only put money into the Lloyds account for the repayments, does this seem like the best option? Also, would it be safe to go back to using the Lloyds account once everything is paid off?

 

As I say, from reading the forums I know exactly how to approach the companies, what to say and how to work out how much to offer them. I have draft emails written out for each company ready to go, I just want to sort out bank accounts first and I'm really not sure what's the best thing to do. Is it okay to just continue using my account now I have a new debit card, and set up SO's with the companies, or should I get a new account to ensure my wages are safe?

 

Thanks guys, sorry, I know I've done wrong by rolling these over; it's absolutely the last time, but I need to sort this first.

Link to post
Share on other sites

in short, if you by standing order you are fine. i have found that cancelling the card is fine and just make sure that any DD you set up are not set up again by the companies, that should keep you totally safe and avoid opening a new account.

Link to post
Share on other sites

Great, thanks for that, I think I'm just panicking over nothing really having heard so many people say that these kind of companies have taken money from their accounts.

Link to post
Share on other sites

Hi there

 

Standing orders will be fine

 

SO are controlled by the payer, DDR are called by the payee.

 

With an SO you are in full control.

 

ims

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

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

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...