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    • Can I just leave it as saved and not submit or do I need to delete everything?
    • don't file yet not needed till/by 4pm tomorrow   let andyorch check things over 1st    
    • well the claim is stayed so don't panic for now.   is this the ONLY payment made and how did capquest get this out of you? by phone?   explain what caused you to make the payment and how you did it please   dx                
    • Lovely stuff.    1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars of claim are vague and 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. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. 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 will get this put into the defence section. Thank you again.
    • just remove the 2nd part where you mention some reply.
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rosey21

Payday Express are as good as controlling our own money in our own bank account!!!!!!

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My wife and I are having a big problem with Payday Express which is completely caused by their own failings and wondered if anyone can advise.

 

During the last month, my wife took out a loan with them for £640. We’ve used them before (not without some previous problems) but we’ve always borrowed responsibly from them.

 

Our previous issues have been quite minor in comparison – things like paying £15 for a same day fee that didn’t happen, old debit card details being used causing issue etc.

 

Now last Friday was payday for my wife, and we were happy that the whole £800 was going to be taken by PDEx.

However, the attempt to take payment was made (presumably automated) at some ridiculous hour of the morning before the wages went in. An email was then sent to her inbox saying that they could not take the payment and they had therefore taken an interest charge of 25% (£160) instead and would roll the loan over for another month.

 

When we woke up and saw the email, we was a little annoyed knowing there were funds in there, so my wife phoned up later in the afternoon in her lunch break to ask them to take the remaining £640 and therefore close the loan as we didn’t want it to roll over.

 

‘No problem’ explained the nice assistant as he processed the payment. My wife was then informed that the card payment was declined and was then told that the assistant would ‘get a card reader from the front of the shop that works’. The payment was then attempted again and this was successful, and an automated email response was sent showing her loan had been cleared.

 

We also expressed our annoyance that the original payment was attempted so early in the morning. The assistant agreed and said ‘we wasn’t the first today’ and said he had brought it up with his manager before. After all, understandably funds should be present the day before a direct debit, but the very nature of a payday loan means there won’t be funds in the day before payday!

 

We thought nothing more of it until Saturday afternoon, when the available balance of our account showed £640 less than we were expecting. Seemingly the payment had gone through twice. A later phone call to the bank confirmed two like amounts of £640 were awaiting authorisation.

 

Unfortunately, PDEx close early on Saturday, so we had to make do with venting frustrations via an e-mail urging them to phone us instantly on Monday morning, and reiterating that all could have been avoided but for the attempt to take the money so early, and the use of the dodgy card reader.

 

An email from them (a rarity) did follow on Monday – no apologies, just simply ‘send us a copy of a bank statement showing two identical transactions’. A fair enough request I guess.

As the debit card transactions were not showing up yet online, we responded to them stating we would be in touch the following day.

 

Three automated emails from them followed that day, one with an account update stating they hoped my wife had a pleasant weekend, another email was wishing my wife a happy birthday – both ironic. The third though was an email to state that they had tried on numerous occasions to contact my wife regarding the outstanding payment of £0.00 that they were owed and she should contact them immediately!! She did via email that evening, but I’m afraid we couldn’t help the sarcasm in the response. It’s a worry that these evidently computer generated mails contain such false claims of having tried to contact us repeatedly. I’m sure they are used with many customers.

 

So yesterday (Tuesday), the bank statements had updated and did confirm that only one of the £640 payments had been made to PDEx, however the initial £640 was still in our account, but not as available funds.

I telephoned the bank, the Co-op, and explained it all to them. He said he could release the funds back to us at the touch of a button, however there would need to be a fax sent through to the fraud department first so they could literally remove the authorisation and release the funds to us.

 

We sent a fax over and emailed PDEx to ask them to urgently help us by sending a fax as well stating they had no interest in the money. We sent the email to four different departments at PDEx and no-one replied to us, or communicated with the bank. I can almost visualise them receiving the email and laughing at the power they are holding with our own money in our own bank!

 

This morning still no money, getting a bit desperate seeing as we only have £20 to feed a family of four, and £640 we can’t touch.

Another email sent this morning so we’ll see what happens, although it doesn’t appear any response as yet. Thankfully my wife is free at later at work and should be able to phone them too (its been hard for her to have time to phone as she is a teacher and has had a training course and a school trip this week and Pdex won’t discuss with me as the loan was with my wife).

 

I gather if PDEx don’t co-operate, the bank will release funds to us anyway but not until 10-12 days have elapsed, but currently, and amazingly PDEx are holding all the aces for the money which is not theirs!!

 

Where could we lodge an official complaint if need be? Is it the FOA? Everyone else please beware though of the above happenings! Needless to say when this is finally resolved, we’ll be closing our account with them immediately.

 

I’ll hopefully be able to update with some more positive news soon, in the meantime any advice will be great.

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They are well known for doing this. Remember, you arent the only people that it is happening to. You MUST get a full written complaint in with the OFT and the PDL. When writing to the PDL, make sure you demand a final response on the issue within 8 weeks. This allows you to then take it to the FOS.


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

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Thanks for that - the 8 weeks is relative to the complaints process I take it, and I gather from a money perspective we should at worst get that back as the Co-op suggested within 10 or 12 days as per their own processes?

 

I'm assuming PDE won't make some kind of attempt to take that original declined payment again - after all that would just be blatant theft knowing that the account has been cleared with them. Or do they have some kind of previous in that department too?

 

I tried ringing myself about half an hour ago, the assistant had some kind of lengthy chat with the manager but couldn't disclose to me, said he would have to explain everything to my wife. That didn't sound good to me, sounded like they have reason to be awkward otherwise the assistant would have probably just told me they were sorting it. Unless of course he wants to apologise profusely in person of course (some hope!!)

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The 8 weeks starts from the time they receive the formal complaint from you. Thats why you must send it recorded delivery so you can see the date/time that it was signed for. As for the refund, i would let the bank do their job. If the transaction was due to an incorrect CPA, or a PDL misusing it, then you could have it back the same day, as the banks would be obliged to refund it.

 

If you used a visa card, then you can get a visa chargeback issued. http://whatconsumer.co.uk/visa-debit-chargeback/

 

ALso, NEVER phone a creditor unless you can record the call in full. They will say and do ANYTHING just to get you off the phone.


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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Thanks again renegadeimp.

 

After the emails being ignored all day long yesterday again, my wife did phone them (unfortunately not recorded) one more time last night and after speaking to a couple of assistants who didn't understand what she was asking, she spoke to a manager who, as you suggested, said anything to get her off the phone.

 

Early in the call the assistant tried to dismiss her by saying 'oh, Collections have already dealt with this, and the refund should have been sent to you'. On explaining that we wasn't actually expecting a refund from them, she was swiftly passed to the manager.

 

The manager was as bad, constantly contradicting himself - he seemed to know of the mails and said 'oh we sent your fax earlier'. My wife later asked him to confirm in writing that everything had been done 'we'll send you an e-mail as soon as we send the fax' he said. 'I thought you said you had already sent it? ' retorted my wife. 'Oh yes, we have' came the response. He then promised that he would send us an email within 15 minutes to confirm all had been done as we requested.

 

Funnily enough, no email followed and still this morning no money in our bank with our bank confirming no receipt of the fax. Another email sent this morning in which we have reminded them of their failed promise and I've even gone to the trouble of typing a letter which they can send to our bank! So they don't actually have to do any work other than cut and paste and print.

 

I've reminded them of the wording on their complaints page stating they 'aim to provide an excellent service' and 'resolve all concerns immediately'

 

Funnily enough, still no response yet.....

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If you call them again, make sure you have a way to record the call. This is very good evidence should it ever go to court as often they woll forget they are being recorded and say incriminating things.


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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Thanks again, Am I obliged to tell them if I'm recording a call? If so, and I get passed from person to person, do I have to tell each person or just at one point in the call?

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Yes. If you record a call, tell them that you are recording it. Otherwise they could claim a form of entrapment. You only need to say it at the start of the call. If it gets passed from dept to dept, then its up to that department to tell the other one. Just like when you call a business and they say theyre recording it. Each department doesnt tell you that theyre recording.


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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