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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well.   But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them.   If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction.   Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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stratty

Multiple PDL and dealing with it

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As is a common story on this forum I took a number of payday loans and its reached a point where I am constantly rolling over and cannot deal with the burden of the debt anymore.

 

In any case I will go through the providers and attempt to agree repayment plans with them.

 

While I prepare my case I am particularly interested in two aspects that I keep reading on here.

 

There is a general consensus of opinion that people should only pay back the capital and one months interest. Does anyone have an idea what the legal basis for this is? Will it be because the agreements are 30 day fixed term?

 

Additionally I read that I should refuse to pay any late payment or administration charges that are unreasonable. Is this a similar thing to bank charges and any admin charge being proportionate to the actual work involved?

 

I am collating my PDL companies and will post again once its sorted.

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Forget the one month interest thing. There has never been anything solid or legal precidant to base it off. The best thing to do is pay off what you owe that was originally stated on the initial agreement. Anything after this you can contest, however, they are allowed late payment charges, but they cannot be unfair. usually £5 or so is adequate, but they like to charge £15-£50, plus a default fee, plus interest on the top of that.

 

Some even try to say that you missed the payment and now owe them an extra 30% of the loan for no reason.


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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Ok well here is my current damage

 

 

Original

Capital Interest Current Balance

Quickquid 900 265.50

Payday UK 740 185.00

Quidsource 200 56.00

Moneylender 500 151.50

247 Moneybox 300 117.08

Countrywide Payday 340 136.00

Bongaloans 100 15.00 300.00

Minicredit 150 37.50 611.50

Txtloan 300 51.00 458.80

 

3530 1014.58

 

What is the suggested course of action?

Edited by stratty
dodgy formatting

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Sorry about the mess. For some reason the post didnt keep my formatting

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Figure out what you can afford each month and suggest a repayment plan to them that doesnt leave you out of pocket or neglecting any HIGH priority debts. ( PDL debts are low priority). I see as well, minicredit are already trying to con you with made up amounts.


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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To be honest I have already mentioned my situation to most of the providers and the majority are willing to negotiate for a repayment plan.

 

I have sent about 25 emails to Minicredit and just get standard responses saying that I signed the terms and they are what they are.

 

When I point out that the terms are unenforceable its the same old response.

 

I am not worried though. My credit is pretty terrible as it is and I have just over £30k of unsecured debt. Kinda amazes me how I even managed to get so much additional payday loans debt especially when they all shout about "responsible lending".

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Most of minicredits charge is this £5 per attempted transaction. I called the number on their website and said that to avoid the charge they should stop attempting to take money from my card and I revoke my authority. Every attempt I have made for them to revoke my authority has resulted in them saying that my request is not legal as I signed the terms and conditions. The company is a total joke.

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Put it in writing and state the FSA regulations. As you rightly said, minicredit are a total joke.


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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Ok well here is my current damage

 

 

Original

Capital Interest Current Balance

Quickquid 900 265.50

Payday UK 740 185.00

Quidsource 200 56.00

Moneylender 500 151.50

247 Moneybox 300 117.08

Countrywide Payday 340 136.00

Bongaloans 100 15.00 300.00

Minicredit 150 37.50 611.50

Txtloan 300 51.00 458.80

 

3530 1014.58

 

What is the suggested course of action?

 

Payment plans agreed with

 

Quidsource (froze the debt at £333)

Countrywide Payday (froze the debt at £476)

 

Very impressed with the customer service on both of these companies.

 

Minicredit have so far refused to enter into any kind of negotiation for a repayment plan and I have extensive emails to back this up.

 

247 Moneybox stated that they would only be willing to negotiate for a repayment plan if I made a payment. Explained I could not make any payment now and that I was disappointed they were not willing to discuss the account.

 

Currently working on the others.

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Keep pushing with minicredit. It takes a long time to get them to listen, but they will eventually.


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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Guest Poguesy

How are you getting on with QuickQuid and Txtloan?

 

Don't waste your time talking to QuickQuid collections. You've got a better chance of getting a reasonable payment plan with them if you contact/complain at resolution@quickquid.co.uk

 

Txtloan will give you a repayment plan but will add the extra interest/charges in advance. Complain about this to them and will give in, or delay them for a while and then offer them a full and final on the original loan and interest if you can afford it. That's how i done it ;)

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