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    • Hi slick132,   Inspired by all the above comments you guys made (thank you) I pointed that felt bullied and threatened by Debit Finance and that I felt I had no choice but to pay by CC and subsequently found out that the charges were unlawful and that their original claim for three additional months was unfair. The CC company complaints person was supportive. I've got to call them back tomorrow so we'll see what the next rep is like.   > I see no point reporting this to the FCA The point would be to establish the fact that the FCA agree and other people in this situation can refer to any ruling, judgement, opinion - else it doesn't carry as much weight in any correspondence.   -- Scruffy
    • Hi Scruffy,   I see no point reporting this to the FCA. The late fee charges are not lawful and not enforceable but you could say the same about Credit Card late fees - they're not lawful or enforceable but CCard providers continue to charge them.   As DX says, the threads here over many years all reflect the same thing - since a Test Case back in 2011, gym cases do not end up in court and do not affect your credit rating. Whether or not you cancelled at the right time, or in the right manner, the worst likely to happen is you get pestered by the Admin Co for a while.   With regard to the amount you paid by CCard before you found us, make sure they know you were charged unlawful late fees and felt threatened by the Admin Co.
    • sold to hph (hoist) in Oct 14.  They gave it a new account # The balance at sale was wrong.  They quoted £295 owed.   Yet there was already £230 of £12 fees + compound interest owed by santander. The last payment into the account was June 2011. Nothing since. They ask what account they should send the reimbursement to.   This was a credit card account - so assume they consider the account/ card closed...?   The letter says they didn't send a nosia - notice of sum in arrears - when the min payment wasn't met for 2 consecutive months.  They've quoted a date of start 2010  They refund interest, default fees charged from this point - and have calculated £450+ Then they calculate using 8% compensation on the refund up to this month 2021 - £390 They deduct 20% tax from the 8% compensation calculation ! - £78 Then they deduct what they say was the outstanding balance (295) Giving an alleged owed amount of £475 .   Thats a big difference to the the CI excel spreadsheet version!  
    • The mobile operator EE is to charge new customers to use their phones in Europe. View the full article
    • I think a serious point is being missed with regards to the deed or contract. This is from PoFA  2  [1]  giving a breakdown of the descriptions and the one that is important to your case is waht is a relevant contract "relevant contract” means a contract (including a contract arising only when the vehicle was parked on the relevant land) between the driver and a person who is—(a) the owner or occupier of the land; or (b) authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land;   I am assuming that a contract does exist where a director from VCS has signed but the fact that  two witnesses have not signed the document means the deed has not been "validly executed" according to  https://www.legislation.gov.uk/ukpga/2006/46/section/44-and I would include the URL since not all Judges may be aware of contracts and the necessity of correct signatories being present.    It follows on from there that as there is no valid contract there can be no contract between VCS and the motorist. So even if "no stopping" could form a contract [which it cannot], it is immaterial. There is no valid contract end of. I would then go on to say that a company  completing as many contracts as VCS must know that there is no contract at EMA and so  to issue PCNs is bordering on fraudulent. In addition under their CoP they have signed to say that they comply with all Laws and Regulations relating to parking. It calls into question there ability to receive data from the DVLA. As per Lord Neuberger  Parking Eye V Supreme Court "And, while the Code of Practice is not a contractual document, it is in practice binding on the operator since its existence and observance is a condition of his ability to obtain details of the registered keeper from the DVLA. In assessing the fairness of a term, it cannot be right to ignore the regulatory framework which determines how and in what circumstances it may be enforced". The Judge should throw out the case there and then. It fails one of the first criteria in PoFA. You should be asking for exemplary damages for putting you through all this knowing that they had no contract and no case. And to stop them carrying on the scam.      
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the is against all guidelines and regulatory authority rules

 

they are NOT Allowed to call you at wotk!!

 

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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Get the telephone contact letter out

and state that unless it stops

you will report them for a breach of OFT

Guidance section 2.6 (j).

It is unfair acting in a way that is likely to be publicly embarrassing

to the debtor, and section 2.2 (f), (g)

Inform them if they continue you will seek damages

for the embarrassment caused to you at your place

of work, insert an amount of £1000.00 +costs.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Get the telephone contact letter out

and state that unless it stops

you will report them for a breach of OFT

Guidance section 2.6 (j).

It is unfair acting in a way that is likely to be publicly embarrassing

to the debtor, and section 2.2 (f), (g)

Inform them if they continue you will seek damages

for the embarrassment caused to you at your place

of work, insert an amount of £1000.00 +costs.

 

Does this really work?

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It certainly does work in most cases,

if it does not carry through the statements made,

don't write it if you don't mean it, no may, might's

say it do it, then tell them you have done it:madgrin:

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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It certainly does work in most cases,

if it does not carry through the statements made,

don't write it if you don't mean it, no may, might's

say it do it, then tell them you have done it:madgrin:

 

Can you say something about it to them before they do it 1st time?

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Of course, from the very contact you

insist that contact is in writing only to you home

address only, no phone call, e-mails or home

visits, it's your life your choice, same with paying

pay only what you can reasonably afford.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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When they phone tell them all calls are automatically recorded and will be used as evidence in an harrassment case. They are going against the OFT guidelines.

 

Tell them you prefer everything in email form or by letter, preferably email as you can answer it the same day.

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They should stop but make a note of every time they call and report it as an individual incident online to the OFT and Trading Standards, stating you have told them NOT to call at work.

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They should stop but make a note of every time they call and report it as an individual incident online to the OFT and Trading Standards, stating you have told them NOT to call at work.

 

Who are the worst for ringing at work and is there anyone in particular that doesn't stop?

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Hi Mustard

 

Never checked my credit file so i dont know about default.

on the repayment plan , they kept phoning me at work, not often about once a week and only because i didnt answer my mobile.

found them ok to deal with. had the usual pay by debt card and pay more than i was offering (guy even said he would get done for faurd if he took a penny more from my card,! yeah right )

but i stuck my guns and they forwarded me there details for payments. phone calls stopped.

 

fernal

 

 

Did you not ask them not to call you at work?

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Hi Darren

 

I did on my first email, but as part of my job is to recive phone calls from the public and often i am alone in my office i am lucky that it wont effect my job.

 

fernal

 

Did you ask them to stop or did you point out to them that they are in breach of oft guidelines?

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Hi darren

i am new to this debt thingie but here goes

 

no to your questions

 

at first i sent emails to all payday loans that i defaulted on the standered letter reguarding only contact me by email.

since then i have actually found it enjoyable regaurding phone calls, i am strong willed and like a good argument on the phone with them.

some like pdex i find resonable to deal with and i dont mind them phoning me. otheres i love the good old argument on the phone , you cant beat it when they hang up on you and you havent abused them just bored them to death. since defaulting they have never phoned me at home only work and not often i must say, they soon get fed up.

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Hi darren

i am new to this debt thingie but here goes

 

no to your questions

 

at first i sent emails to all payday loans that i defaulted on the standered letter reguarding only contact me by email.

since then i have actually found it enjoyable regaurding phone calls, i am strong willed and like a good argument on the phone with them.

some like pdex i find resonable to deal with and i dont mind them phoning me. otheres i love the good old argument on the phone , you cant beat it when they hang up on you and you havent abused them just bored them to death. since defaulting they have never phoned me at home only work and not often i must say, they soon get fed up.

 

I just really don't want phone calls at work.

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I have sent them a payment plan offering to pay £40 a month i have offered £200 with i owe + 1 months interest which i work out to £250 i have a feeling this one could be a tricky 1

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Hi

Mustard 7 i too am having problems with payday express i have been constantly emailing them to set up a repayment plan finally they agreed to the £20 per month that i had offered i emailed them again for the details so that i could set up a standing order but got no reply then out of the blue i got a email from a debt recovery agency telling me that because i have ignored my debt with payday express they now have the debt and if i don't pay they will take legal action i emailed them back explaining what i had arranged and now they are choosing to ignore my emails so i sent them a email the other day stating instead of sending emails threatening legal action it would be nice of them if they replied to my emails i am still awaiting a reply

 

Did they actually set up the repayment plan threw emails?

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Hi Darren,

 

Try not to get too wound up, this company are well, poor at best at responding by e-mails. I set up an arrangement over the phone, all agreed, no issues. 2 weeks later, a snotty standard letters demanding arrears. Yep, right, like that's going to happen. The only thing I can suggest is keep trying the e-mail route, keeping copies and paying in cash what you can afford, and not what they demand. I'd also suggest cancelling any bank cards you may have set up.

 

As for phone numbers, I used to receive them from 0800 012 6347, I no longer answer them, just record the time and date and log as a complaint to OFT (one shortly going to FOS, they're hassling me for £130, let's see how they like the £500 will charge).

 

E-mail addresses i've used are

paul st ledger at paydayexpress.co.uk, (supposedly he runs the collections team, not sure as he certainly doesn't respond, customer support at paydayepress.co.uk, (no response so far) and dr at paydayexpress.co.uk. (no response either).

 

Good luck, keep logging the e-mails you send.

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i have just recieved this email from payday express

 

 

Thank you for your recent email and your request for a repayment plan.

 

Our accepted criteria for a repayment plan is as follows:

 

Severe Disability or illness (not excluding close family members)

Terminal illness or Mental illness (not excluding close family members)

Deceased (not excluding close family members)

Redundancy or Reduced hours (contractual hours reduced by company)

 

If your financial circumstances have changed due to one of the above, we would be able to consider a repayment plan.

 

We will require you to send in bank statements covering the last 2 months to show that you are now in receipt of either financial support or a reduced wage. If you are now unemployed we will also need to see proof of unemployment or redundancy. Alternatively if your circumstances have changed due to personal illness we will require evidence in the form of a doctor’s note or hospital letter, as well as the bank statements.

 

Please be advised that if you do not fit the above criteria or you are unable to provide documentation, a repayment plan cannot be considered.

Should you wish to discuss these options or your account please call our office on 0208 461 6705 and one of our advisers will be able to assist you.

 

Please do not hesitate to contact us should you require any further information.

 

 

Regards,

 

Payday Express

 

 

Now none of there criteria is relevant to me to i don't know what to do next.

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