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    • that was a good saving on an £8k debt dx
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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
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Payday loans help needed to get the ball rolling


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Would just like to say thank you to all on this thread. I have today had the bottle to add up my 8 PDLs and send off my details to CCCS for a DMP to be set up. I feel a little relieved but also a bit nervous as to what will happen now but reading this has given me a bit of confidence, despite spending most of the morning crying over the state I have got into. Thanks guys and hope it's a happy outcome .

 

Cheers

Deb

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Tell the OFT, simple, they are trying to confuse the issue here, that you do not need to supply the informtion for them to come to an arrangement, they have sufficient information already about you and do not need any more.

 

They are going against the OFT Guidelines in Debt Collecting.

 

I would write back

 

"Sorry but I am unable to provide proof as you ask, and as my financial situation is increasing in severity I am now offering a token £5 per month until an arrangemet as previously stated is in place."

 

Keep it short and sweet and do not fall into their trap of misquoting legislation.

 

Sent off the letter to WDA as put together by sillygirl1, here's the reply a short while ago:

 

Please be advised your account will be processed as we are not willing to accept a re-payment plan of £1 per month without receiving any confirmation of your unemployment. This means we will try contacting you with regards to the balance owed and will try to recover the outstanding balance using account and card details you have provided us with. Any payments made will of course go towards clearing your outstanding balance,

 

I have offered them token £1 per month payment until they accept my repayment plan but obviously not having any of it. Is there a suitable reply to them before I contact OFT and trading standards with a complaint?

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I'd love to know what proof they think they are entitled to. Letter from previous employer can be seen as embarassment or harassment ( breach of OFT guidelines) and thats if your previous employer is even willing to give you one , p45 or letter from JSA are covered under the Data Protection Act. So are bank statements etc.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I'd write a letter headed formal complaint. Address it to the PDL's compliance manager so it skips the front like reps. Once they recieve this letter, they have 8 weeks plus 24 hours to issue you with a final response. Once you get this letter, or the 8 weeks expires (whichever is sooner) then you can take it to the FOS.

 

Meanwhile get a complaint in to the OFT with as much info as possible. Consider trading standards as well.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Your letter should include the bank’s name and address, the problem you are having with them, and any other details pertinent to the case. Make sure to spell out very clearly the reason for the Formal Dispute and you expect a final response letter from them within 8 calendar weeks.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Bit confused here, am I writing to the bank or PDL's?. My issues is with the PDL's not budging in granting me a repayment plan, first one insisting on proof of losing job and the other one refusing repayment plan until 33 days into default. Is there a short and sweet draft you could help with?

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  • 2 years later...

Hi all, just stopped full payment on three payday loans, Payday Express have accepted a Payment plan, Mr Lender have accepted a payment plan, but Poundstillpayday have responded with the below communications.

 

The first response at the bottom says: "Unfortunately, with this being a payday loan we do not accept any extensions, rollovers or extended payment plans".

 

Please any advice would be fab:

 

 

 

Balance: £741.40

 

Thank you for your e-mail.

 

Kindly note that as previously advised, Pounds Till Payday do not offer extended

payment plans.

 

I will only be allowed an extra month's extension until 31/07/2014, as long as

half the balance is cleared on 03/07/2014. Therefore payment of £370.70 is

required on your next two paydays.

 

Should your file escalate then all re-loan privileges will be revoked and

additionally, your account will be passed to a 3rd party Debt Collection agency

that may operate a door to door reconnection service with regards to your

outstanding balance. Our solicitors may also be instructed to pursue payment

on our behalf.

 

 

Best regards,

 

xxx

Account Manager

xxx

-

 

Dear xxx

 

 

Thank you for your recent email concerning the below account.

 

I am are sorry that you feel unable to accept the offer which I have made. My

other creditors have accepted the offers made to them and I have agreed payments starting 3rd

July. I cannot currently offer you more as per the breakdown of income and

expenditure I have provided previously. I can only afford £25 each month to each of my other creditors at this current

time, and it would be wrong to cease or reduce payments already agreed to my other creditors in favour of your company. The offer made to you is on a pro-*rata basis, as used by the county court.

 

In the light of the other creditors agreeing to my repayment plan, please would

you reconsider my offer? I will be making the payments in line with the offer

to your company, on a monthly basis, as a gesture of goodwill.

 

Please provide your account numbers so that I may set up a standing order.

 

I look forward to hearing from you.

 

Yours faithfully

 

 

 

 

@poundstillpayday.co.uk> wrote:

 

 

 

 

Dear

 

Reference: xxx

 

Thank you for your e-mail.

 

Unfortunately, with this being a payday loan we do not accept any extensions,

rollovers or extended payment plans.

 

The situation as it currently stands is I should have your account until

30/06/2014.

Taking into consideration your loaning history and the good rapport there is

with Pounds Till Payday, I will be allowed an extra extension until your

following payday, 31/07/2014. This will give you 3 paydays which is including

your past payday, 05/06/2014.

Kindly note that I will only be allowed an extension onto your account as long

as half the balance is cleared on your next payday, 03/07/2014, and the

remaining balance will be cleared on 31/07/2014. Therefore payment of £370.70

is required on your next two paydays.

 

At this point, if full payment has not been received on your account, all your

details will automatically escalate on to an external debt collection agency.

This can result in legal action being taken against you or the account being

passed for door to door collection. Obviously this is worst case scenario but I

do need to make you aware for legal purposes.

 

I do not want any of this to happen so please do your best to get this cleared

by 31/07/2014. It takes 3 hours for payment to clear our system and at that

point your reloaning privileges will be reactivated and you will be able to

reloan again immediately should you need to.

Edited by honeybee13
Name, phone nos and account number removed.
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PTP will default this and pass/sell it probably to Motor Mile Fianace.

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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