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HI all,

 

I've fell for the trap too! - Hope this information helps you all out...

 

Please feel free to adapt my template below and it would be great to hear of peoples outcomes from this if used! Remember, never give these companies your new bank account details, new bank card details, do not complete any 'Income & Expenditure' forms for them or supply with bank statements. Do not accept any additional charges for arranging a payment plan, cancel your bank card, direct debits and where possible, get a new bank account. Make one off payments to them by Postal Order, cheque or a bank transfer that YOU set up yourself in your on-line banking, do not set up any type of automated payment method, YOU keep in control of your payments to them. Once set up, keep paying and get the debt out of the way and NEVER use these people again.

 

These people are crooks and prey on the financially voulnerable - Good luck guys, and keep strong :o)

 

Dear Sir / Madam,

 

I have found out that my bank have withdrawn my overdraft and applied all of my charges / interest to my account, which is now leaving me in an terrible financial situation.

 

I will not have any funds in my bank account for you to collect your payment to cover my loan, or pay any of my household bills as my wages which will be paid in on 30/06/11 will just cover the bank charges on my account. Please can you therefore with immediate effect, not attempt to take any payment from my bank account, either by Direct Debit or using my Visa Debit card details supplied as this will mean I will incur further charges from my bank and have even less money to enable repayment of my debts.

 

I would now at this point like to arrange a payment plan with you and freeze any further interest and charges going forward so I am able to pay off my debt with you as quickly as possible, contacting me either by letter, e-mail or on my personal mobile number only. Contacting me at work would cause me further distress and I would also class this as harassment as I do not wish to be contacted at any point regarding this debt whilst at work.

 

It is with great regret that I am having to ask for a repayment plan, but due to these unforeseen circumstances which have now effected my ability to repay the loan to you in one lump sum, I have no other alternatives available. I will have to contact all of the other companies who I pay by Direct Debit to arrange payment options with them also as this has left me totally penniless and I have no idea when I will be able to get back on track.

 

For my protection, and from a legal point of view, I would like to inform you of the following:

 

You have 3 methods of contacting me (letter, e-mail, personal mobile - which has voicemail enabled for messages to be left) which should be more than adequate for your company to communicate with me regarding the repayment of the loan. I have heard / read stories about people being constantly contacted when in my situation and I must inform you that I will be taking note of all methods of communication (times, dates etc) so to keep a record should I feel that I am being harassed or continually contacted, receive calls that are cancelled within a few seconds or receive automated voicemail messages asking me to contact you back. Please can you confirm that your company agrees to my preferred methods of contact and will not contact me whilst at work, either on my personal mobile telephone or work number.

 

I must inform you in the strongest manner that I do not wish to be contacted at my place of work at any point regarding this loan / debt as this could jeopardise my employment and therefore I would not have the monies to repay the loan to you. My work telephone number was only provided for you to confirm that I was employed and that my place of work had a working land line, and this is what you informed me when setting up the loan. My work environment is not a place for me to discuss personal finance matters, or arrange further more convenient times for us to discuss matters further if you cannot do this by letter or e-mail. I can only be contacted by telephone on my personal mobile number between 4pm and 9pm Monday to Friday. Any calls before 4pm will not be taken as I am at work, but voicemail messages can be left for me and I will contact you back at the earliest possible convenience, if this is not convenient for you, then a letter or an e-mail communication will have to be used. I expect not be contacted on any other number than my personal mobile number, and should I find this is happening then I will seek immediate legal advice as I have now given you prior notification regarding this.

 

I have no doubt that your company fully understands my situation and will adhere to Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997 whilst I am arranging repayment of the loan with yourselves, and throughout the duration of any repayment period. I am fully aware of the OFT Debt Collection Guidance and I will consider making a complaint about a company's behaviour under the guidance if it becomes apparent that you do not follow the legal guidelines and would have no other alternative than to seek legal advice. In particular section (2.2 g) 'Ignoring or disregarding debtors' legitimate wishes in respect of when and where to contact them, for example, shift workers who ask not to be telephoned during certain times of the day'.

 

I do hope however, that we can arrange a payment plan to alleviate the stress of my whole situation, and to also enable the repayment of the loan to your company as promptly as my finances will allow. I look forward to hearing from you and will help in any way I can to organise repayments with your company as soon as possible.

 

Regards,

Edited by p4ulmcr
Spelling Errors

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Hi p4

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.


Welcome to Consumer Action Group

 

'Challenges are what makes life interesting; overcoming them is what makes life meaningful.'

Joshua J. Marine

 

1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE

2) CLAIM BACK ALL MIS-SOLD PPI CLICK HERE

3) COMPOUNDED CONTRACTUAL INTEREST CLICK HERE

4) REQUEST CCA FROM CREDITOR CLICK HERE

5) OFT- UNENFORCEABLE AGREEMENTS CLICK HERE

6) CAREY V HSBC (2009) CLICK HERE

7) DON'T BE BULLIED BY CREDITORS / DCA's CLICK HERE

8) IN DEBT DON'T PANIC CLICK HERE

9) FULL AND FINAL SETTLEMENT CLICK HERE

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES [/url]CLICK HERE

14) DOES YOU BANK TREAT YOU FAIRLY BCOBSCLICK HERE

15) EVERYTHING HOUSING CLICK HERE

16) UTILITY BACKBILLING CLICK HERE

17) OFGEM - COMPLAINTSCLICK HERE

18) OFCOM - COMPLAINTS CLICK HERE

DON'T GIVE UP, THIS SITE WILL PROVIDE YOU WITH GUIDANCE AND EMPOWERMENT

 

Don't forget to donate to this site

 

Please let us know how your problem has been resolved, it could help fellow Caggers

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Response from Wage Day Advance:

 

Thank you for your email. Providing that you respond to emails or messages left on your mobile we will not contact you at work.

 

Please find attached an income expenditure form for you to complete in order for us to accept a reduced monthly payment.

 

Please complete the form in as much detail as possible and we will also require last months bank statement to support the income expenditure form, please ensure the form & the supporting document/s are returned to us ASAP. In the mean time your account will continue to be processed which means you will incur daily interest, receive calls, emails & SMS.

 

You also authorise WagedayAdvance to collect outstanding monies from any account details you have provided to us.

 

Regards,

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Thank you for your email. Providing that you respond to emails or messages left on your mobile we will not contact you at work.

 

Please find attached an income expenditure form for you to complete in order for us to accept a reduced monthly payment.

 

Please complete the form in as much detail as possible and we will also require last months bank statement to support the income expenditure form, please ensure the form & the supporting document/s are returned to us ASAP. In the mean time your account will continue to be processed which means you will incur daily interest, receive calls, emails & SMS.

 

You also authorise WagedayAdvance to collect outstanding monies from any account details you have provided to us.

 

Regards,

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Thank you for your speedy response.

 

Firstly - obviously, due to my unforeseen circumstances, my income and expenditure is extremely unstable at this moment. But in any case, you have no right to obtain my income and expenditure information at all, nor will I be sending you any bank statements - (these would not detail all of my items of expenditure anyway).

 

In response to your statement 'providing that you respond to emails or messages left on your mobile we will not contact you at work', as previously advised, I do not want to be contacted at work, nor will I respond to any calls made to my place of work. I will repeat the following statement:

 

I have no doubt that your company fully understands my situation and will adhere to Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997 whilst I am arranging repayment of the loan with yourselves, and throughout the duration of any repayment period. I am fully aware of the OFT Debt Collection Guidance and I will consider making a complaint about a company's behaviour under the guidance if it becomes apparent that you do not follow the legal guidelines and would have no other alternative than to seek legal advice. In particular section (2.2 g) 'Ignoring or disregarding debtors' legitimate wishes in respect of when and where to contact them, for example, shift workers who ask not to be telephoned during certain times of the day'.

 

I will be forwarding your e-mail response Trading Standards via Consumer Direct, as you are not allowed to threaten me in the way you are doing. It is illegal for you to suggest that if I do not give you the information you are asking for that you will contact me at work after I have quite specifically informed you that I do not want you to do this. I find your response to me threatening and any phone calls to my place of work would be harassment.

 

I have given you more than ample time to cancel any payments that were due to be taken from my bank account and I will incur charges from my bank if you do so, therefore reducing any money I have to pay you, there will be no funds available as previously advised. But you have ignored my request not to attempt to take money from my bank account. Therefore there is no consideration from you to help me through this matter if you are quite willing to attempt to take monies from an empty bank account only for the sole implication that I receive bank charges.

 

I have also asked that any interest or charges from your company to be frozen, but you have completely ignored this request and informed me that daily interest will still be charged. therefore plummeting me yet further into financial difficulty.

 

Once I know the full effects from all of this, I will know how much I will have available to pay you each month to clear my debt. I must also let it be known to you that in no way am I attempting to not pay my debt, but to try and pay you back as quickly as possible without having to incur further charges which will only slow proceedings down in paying you.

 

Regards,

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I have today reported Wage Day Advance Ltd regarding their threatening e-mail response and the harassment them phoning my workplace would cause to me. I have communicated this to Wage Day Advance Ltd.

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The addmin of justice act no longer applies

 

its all covered under cputr

 

THEY CANNOT ADD INTEREST, CHARGES ETC AS PAYDAY LOAN COMPANIES HAVE A 30 DAY AGREEMENTS

 

ALL YOU HAVE TO PAY BACK IS THE ORIGINAL AMOUNT PLUS THE MONTHLY CONTRACTUAL INTEREST

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Thanks for that info - Do you know which part(s) of the CPUTR would relate to threatening behaviour and harassment?

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Just quoting cputr will be enough

 

in you letter just put

 

an offense contrary to cputr

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Dear Wage Day Advance,

 

As detailed in my original e-mail to you on 23rd June 2011, I would like to reitterate the following points:

 

There will be no money in my account available for you to take your payments (scheduled payment was 30/06/11)

No attempt should be made to take payment aas this will incur bank charges for me and hinder repayment to you

I wish to set up a repayment plan with you

I ask that all charges / interest are frozen to aid a fast repayment of the loan

Must only be contacted on my personal mobile number

Never contact me on my work number as this will jeopardise my employment

Only telephone me between 4pm and 9pm Monday to Friday

The e-mails below show how I have contacted you 1 week ago to inform you of my situation, yet I have still not received any clear communication regarding setting up a payment plan. Nor have I witnessed any concerns regarding my situation, confirmation that you will not attempt to take funds from my account or confirmation that interest will be frozen and no further charges applied to my account.

 

After contacting Trading Standards via Consumer Direct, I have also read and been made aware of CPUTR and will be following everything closely to ensure that your company follows the legislation set out. I look forward to speaking with you soon regarding setting up a payment plan to enable full and final settlement of my loan over the coming months.

 

Regards,

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Dear Wage Day Advance,

 

As detailed in my original e-mail to you on 23rd June 2011, I would like to reitterate the following points:

 

There will be no money in my account available for you to take your payments (scheduled payment was 30/06/11)

No attempt should be made to take payment aas this will incur bank charges for me and hinder repayment to you

I wish to set up a repayment plan with you

I ask that all charges / interest are frozen to aid a fast repayment of the loan

Must only be contacted on my personal mobile number

Never contact me on my work number as this will jeopardise my employment

Only telephone me between 4pm and 9pm Monday to Friday

The e-mails below show how I have contacted you 1 week ago to inform you of my situation, yet I have still not received any clear communication regarding setting up a payment plan. Nor have I witnessed any concerns regarding my situation, confirmation that you will not attempt to take funds from my account or confirmation that interest will be frozen and no further charges applied to my account.

 

After contacting Trading Standards via Consumer Direct, I have also read and been made aware of CPUTR and will be following everything closely to ensure that your company follows the legislation set out. I look forward to speaking with you soon regarding setting up a payment plan to enable full and final settlement of my loan over the coming months.

 

Regards,

 

Also report them to the BCCA. Telephone No: 01244 505904. They are the Trade Association and will also look into your complaint. WDA handed my account over to a DCA even after they agreed to a payment plan and after I had made 4 payments because I would not complete THEIR I.E. and send Bank Statements; they just will not listen. I have reported them to the BCCA, OFT and Trading Standards. Good Luck!

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Unfortunately we have been unable to take your payment as agreed. Our records

 

indicate that you may have been issued with a new debit card.

 

Having signed the Credit Agreement, you will be aware that missing payments can have

 

severe consequences and that you may be liable for default charges incurred. Please

contact us before 4.30pm today to avoid incurring any extra costs or charges.

 

If you have another debit or credit card and are able to make your payment with that

card, please either call the number on this letter straight away or email the following

details now to WDA and indicate how much we should

take.

 

1. Your debit card number

2. Your debit card expiry date

3. Your debit card security number (last 3 digits on the back of your debit card)

4. Your debit card issue number (if applicable)

5. Payment amount : Full or Rollover/Extension fee

 

Alternatively if you are having financial difficulties please contact us now to discuss

your situation

 

Regards

 

Wage Day Advance Ltd

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Please see e-mail trail below - You were informed 8 days ago regarding my bank account - I can be contacted after 4pm today on my personal mobile number regarding a payment plan.

 

Dear Wage Day Advance,

 

As detailed in my original e-mail to you on 23rd June 2011, I would like to reitterate the following points:

There will be no money in my account available for you to take your payments (scheduled payment was 30/06/11)

No attempt should be made to take payment aas this will incur bank charges for me and hinder repayment to you

I wish to set up a repayment plan with you

I ask that all charges / interest are frozen to aid a fast repayment of the loan

Must only be contacted on my personal mobile number

Never contact me on my work number as this will jeopardise my employment

Only telephone me between 4pm and 9pm Monday to Friday

The e-mails below show how I have contacted you 1 week ago to inform you of my situation, yet I have still not received any clear communication regarding setting up a payment plan. Nor have I witnessed any concerns regarding my situation, confirmation that you will not attempt to take funds from my account or confirmation that interest will be frozen and no further charges applied to my account.

 

After contacting Trading Standards via Consumer Direct, I have also read and been made aware of CPUTR and will be following everything closely to ensure that your company follows the legislation set out. I look forward to speaking with you soon regarding setting up a payment plan to enable full and final settlement of my loan over the coming months.

 

Regards,

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Thank you for your email.

 

 

 

As previously advised by the collections manager, we are willing to come to an arrangement without the income and expenditure form.

 

 

 

Please can you advise how much you are willing to pay per month?

 

 

 

Regards

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Thank you for your speedy response.

 

After looking into my finances and the debt that I have incurred since my bank took away my overdraft facility it has become apparent that I will not be in a good position financially for several months to come.

 

I would therefore be able to make payments towards the debt with yourselves at the rate of £30 per month on or just after my next pay date of 29th July 2011, and as long as I do not incur further interest or charges on my account I could continue this for the foreseeable future.

 

Please let me know if you will agree to this, and if you provide me with your account details I will arrange for a Standing Order to be set up with my bank to ensure you receive payment on the 1st day of every month.

 

Regards,

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They have now accepted payment of £30 per month with no interest or charges to be added - RESULT!!!

 

 

Oh, and one more thing, if they still refuse your monthly payment amount at this stage, tell them you are considering going bankrupt and then they will get nothing!!!

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