PaydayUk help please

[suziwong1012]

Hi, I have a loan with paydayuk and I'm in the process of setting up a payment plan but I checked my old bank account where they had the bank card details and they took 2 payments out for £25 each making me overdrawn but I don't have an overdraft. Rung the bank and they said nothing they can do so I rung off and then re rung and cancelled the card. Will this stop them now or can they just keep getting money even tho there is nothing in there and my account is in minus pounds.

 

Thank you

[sillygirl1]

The banks should stop the continuous payments going through, their fraud team needs to be alerted to this and you must write a strong letter to the bank pointing out that they have allowed somebody to put you in a position of real and actual hardship, so therefore they are an accessory to that....

 

You should at least get one payment back and get the charges wiped for the overdraft.

[suziwong1012]

Thank you, they said if I send in the payment schedule they might be able to get the money back but all I have so far is an email saying they will accept £40 a month and I'm awaiting their account details. This is with rbs and my running account is natwest so I'm worrying rbs might give them my natwest details so they can wipe my accout.

[renegadeimp]

If they do then you can sue them for theft/fraud, as well as suing them for a major breach of the Data Protection Act.

[suziwong1012]

Thanks as you can see I'm panicking here. My rbs is -£50 and I don't know what to do. Is there any template letters I could send to the bank, the lady basically said as I owe them money they can't do anything.

[renegadeimp]

Don't panic. Head to your bank and sit them down until they listen. They are also on the brink of a major lawsuit atm from one of the main solicitor partnerships in the UK in regards to situations like this.

 

Go back, and tell that woman, she needs to be retrained as she is 100% wrong. The law changed in 2009 to state that any any all payments must be stopped IMMEDIATELY upon request from the account holder. No exceptions or excuses.

 

Have a good read of http://www.consumeractiongroup.co.uk/forum/showthread.php?336569-How-to-remove-a-lender-s-continuous-payment-authority(2-Viewing)-nbsp specifically the last 2 pages.

[suziwong1012]

Thanks had a read. On phone now but guy is not having any of it, said they can't stop it.

[suziwong1012]

Said as it's not a mag subscription etc they will not do it. Also said as 1 payment went out before I got the agreed payment plan I owe it to the bank so I told them to swivel for it. My cards is stopped tho so I hope no more go out and I need to send them the payment plan details.

 

Is it worth ringing paydayuk up or not

[renegadeimp]

Go back to your bank. They are breaking the law. There is a CPA on your account that you want cancelled/removed. They are obliged by law to follow your instructions. If they dont, then they are liable for any monies being taken from your account, plus interest, plus any charges that you are subjected to, should your account go overdrawn if another bill is paid the same day.

 

They also must put the account back to how it was pre-disputed transaction.

 

Don't phone them, walk into the bank and speak to the bank manager. If you have to call them, get the name and position of the bank representative and tell them you will be including them in forthcoming court action against the bank, and you demand him or her to forward you a copy of the banks complaint procedures.

 

That should be enough to either put you through to a senior supervisor or have them fulfil your actions.

 

As you have seen from the thread i quoted, there is absolutely no doubt that they are breaking the law, and you are well within your right to name and shame anyone involved in this.

[suziwong1012]

Ok, thank you, I'm going to print off the details to take in with me. Thanks so much for the help I will let you know what happens

[renegadeimp]

Download the FSA leaflet which sets out the regulations. Then you can show them the official guidance direct from the FSA themselves.

[suziwong1012]

Morning,ok I went to my bank and they still saying as I gave paydayuk my card details there is nothing i can do. I said about my account being minus pounds and they asked me to pay it off there and then but I refused too. They will only stop payments if it's like a mag subscription etc.

 

Paydayuk have agreed on £40 a month for 6 months but then they want more so I told them £40 is all they will be getting so basically deal with it. I've changed my mobile number because they are still ringing me.

[renegadeimp]

http://www.consumeractiongroup.co.uk/forum/showthread.php?336569-How-to-remove-a-lender-s-continuous-payment-authority/page4

Print and show them the legal regulations which they have to abide by. Also tell them that bank policy cannot override the law. IF they STILL refuse, then sit there and demand to speak to someone higher. Also tell them that if your instruction is not acted upon immediatley, then you will be starting court action to reclaim any and all money/interest and you would like the bank managers name, ID number etc so you can call them up in front of a judge for being complicit with breaking the law.

[suziwong1012]

Still getting no where and now rbs are ringing me allday everyday for the money back

[sillygirl1]

Complain to the OFT and Trading Standards, you've already been told this is the only way they understand.

 

http://www.oft.gov.uk for the OFT - you can phone them to complain, number on website

http://www.tradingstandards.gov.uk for Trading Standards

 

If you don't complain you are wasting time posting on here.

[suziwong1012]

I've already complained to them but doesn't stop the calls to me.

[sillygirl1]

Add each call to the exising complaint and ask for some intervention. If you have a mobile phone there are a lot of free apps useful for blocking calls and SMS messages, download one on your phone and use it to stop them irritating you.

 

Have you sent them a 'do not call' message yet?

[suziwong1012]

They seem to just have my house number but they ring from different numbers. I've sent a harrasment letter to them. Thamks