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    • So ignore any calls/letters off DCAs and try and work with PayPal directly to pay small amounts that I can afford?  Like ive said, I’ve opened a new bank account and transferred my regular in’s and out’s to that account. I’ve removed my old debit card from PayPal but left on there my old bank account info, reason being I’m hoping that makes it easier to send payments to PayPal. Does this seem a good idea? 
    • Ahh, discussion thread. Thank whoever. Forgotten what the points were  now, I will read and get back later.
    • I have completed answers as noted above.   Name of the Claimant ?  IDEM Capital Securities Limited Date of issue – 12 Nov 2019   What is the claim for – the reason they have issued the claim? a)      A credit card agreement made between MBNA Europe Bank Limited and the cardholder b)     Claimant purchased the balance on the account on xx/2016 c)      Cardholder accrued balance £5500 d)     Cardholder defaulted on payments e)      Claimant issued formal demand requesting payment on xx/2019 f)       Amount now due £ 5500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?  Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? n/a What is the total value of the claim? £6000 (now including fees) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Credit Card Do you recall how you entered into the agreement...On line /In branch/By post ? By post When did you enter into the original agreement before or after April 2007 ? July 1995 Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment?  Yes Did you receive a Default Notice from the original creditor?  Yes -though I am unable to find a copy Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?  Unsure Why did you cease payments? Advised to as there was no enforceable CCA What was the date of your last payment? Feb 2019 Was there a dispute with the original creditor that remains unresolved?  Unsure Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  Originally informed MBNA that we were in difficulty and arranged a payment plan with them, they later sold the debt to Britannia Sarl (?) and we continued with the same payments, this was then sold to Moorcroft and we again continued the same payments. At some point later we contacted Moorcroft to advise our circumstances had changed and we offered a lower payment.  We were asked for income and expenses which we didn’t provide as we had contacted a debt help organisation who helped us work out what we could afford, however we did receive a letter on another debt at the same time accepting a lower payment (the circumstances were exactly the same – MBNA debt, sold to Britannia, sold onto Moorcroft) We continued with the lower payments.  In the last year we discovered that all our other debts were no longer showing on our credit files but this one was showing as continual defaults month on month. We contacted IDEM to ask why and they said the previous DCA hadn’t agreed to the lower payment and therefore we were continuing to default. At this point I sought advice from CAG and they advised me to ask for the CCA. I received a photocopy of the original application form and a page of Terms and Conditions that I was advised by CAG were not a CCA and I should stop paying.   I further received a pre-action protocol which I completed and returned and in response I received a notice of assignment, account statement and default notice  as I had requested, but they ignored the fact that I said they had provided an unenforceable CCA.
    • Just to update no reply from Marston regarding letter no further visit as yet.    
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lee79

Having some problems with Wage Day Advance

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My wife took out a PDL with these guys for £185.00 in November of last year. After 3 payments of the minimum payment she realised that she could not afford it and around March of this year emailed them to say she is cancelling her DD and wanted to some to some sort of arrangement.

 

She called them in March as she was having no luck with the emails (they kept pestering her for proof she could not afford it) and came to an arrangement to pay £73.73 over 4 months starting 20th March. She received email confirmation of this on the 23rd March.

 

On the 23rd March a card payment was also taken for £12.00 and £59.00. We assumed this was the first payment and although it was about £2 short we assumed it was done in a rush and we would owe £2.75 after the last payment scheduled on 20th June 2012.

 

However, they tried to set up another DD this month which we cancelled and have contacted my wife claiming that March's payment did not go through so we owe one more payment.

 

I've asked them to confirm what the payments were for in March and I think they are going to say it is a card payment because of the cancelled DD.

 

However, my wife came to this agreement before this date and they still took out the money regardless. Like idiots we didn't query it as we just assumed it was the 1st payment to the repayment plan.

 

What should we do?

 

Thanks, Lee.

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Check your bank statements and make sure the transaction actually went through and wasnt pending and fell off.

 

If the transaction is there in black and white, let us know and we can write a letter template for you to send these muppets. Don't worry about what they might say. Stay off the phone and deal in writing only. IF they refuse to answer emails, thats their problem not yours. If you continually contact them like you have been doing, they will think they are on to a gullible debtor and a potential cash cow.

 

What we'll need to do in the letter is file a complaint, and also add that their permission to debit the account and use any associated DD's is now revoked. A copy of the letter can go to your bank to ensure no money is taken out by them again.


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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What in simple terms has she paid towards the loan? What do they say is outstanding?

 

Jogs

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I think she only emailed then about 2 times and then phoned once.

 

The problem is though no amount for the agreed amount (£73.75)went through in March as they said it would. But the 2 amounts, one for £12 and another for £59.00 did. So, it seems that they ignored my wife when she said that she was cancelling the DD and took this amount after the payment plan was agreed.

 

So, if all had gone ahead then (bearing in mind we could not afford the £59.00) we would have paid out £12.00, £59.00 and £73.75 in the same month to these people.

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@havinastella (forgot to reply with quote)

 

In total she has paid £469.25 for a £185.00 loan. Thy claim that one more payment is outstanding for £73.75 that did not go through in March (which is what we mistook the £12 and £59 to be which they took after the agreement was confirmed and on the same day we got the agreement via email).

 

Thanks - Lee

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Seems like youve been "cash cowed" to be honest. Do NOT pay them anything else.


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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Remember any advise I give is not legally binding. I would tell this company to Foxtrot Oscar. Forget there stupid carry over clauses.

 

I would be writing to them, saying, I have paid xxxx towards xxxx loan.

 

Although I agreed to your t&c's I believe that they are unfair.

 

Please be advised that I shall not be paying anything more and I require confirmation that this agreement is fulfilled.

 

Any legal proceedings shall be defended that may incur costs to yourselves.

 

 

 

OR something similar.

 

 

This is what I would do, you have the option to do whatever you choose!

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Remember any advise I give is not legally binding. I would tell this company to Foxtrot Oscar. Forget there stupid carry over clauses.

 

I would be writing to them, saying, I have paid xxxx towards xxxx loan.

 

Although I agreed to your t&c's I believe that they are unfair.

 

Please be advised that I shall not be paying anything more and I require confirmation that this agreement is fulfilled.

 

Any legal proceedings shall be defended that mau incur costs to yourselves.

 

 

 

OR something similar.

 

 

This is what I would do, you have the option to do whatever you choose!

 

Sounds good :) This is pretty much what I'm going to do. I just like to have as many facts as I can to hand so they don't assume I have no idea and am an easy target.

 

At the end of the day my wife came to an arrangement with them. They agreed to this but tried taking one more 'regular' payment after this agreement was agreed by card payment. As far as I'm concerned as this 'regular' payment was after the agreement then it is meant to be part of the 4 month agreement. They even had the cheek to add some sort of arrangement fee into the payments as well like they haven't had enough in total.

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Thats what they do. Youve been cashcowed. They knew that youd pay them, so theyre adding on whatever fictitious charges/fee's they can think of.


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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So I've put a formal complaint through as the person I'm emailing has changed his story mid way through from the DD failing in March to it actually being set up for April. One minute he claims that it was set up for March but failed and then my wife phoned and it was agreed to restart it from April. That would have involved 2 calls. However, my wife called once and now in this one call he says that it was set up for April from the beginning.

 

Is it perfectly ok for me to complain to the OFT or Trading Standards as well whilst waiting a reply as I've seen in some threads people have said go straight to the organisations named?

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Yes. Complain LOUDLY.


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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Cheers Renegadeimp, just didn't want them to say I have to wait until the PDL got back to me.

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Thats just the FOS who says that. OFT are the ones who decide who has a license and who doesnt. Thats why its vitally important anyone who has a problem with a lender needs to start official complaints.


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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Just a quick update in that WDA have completed their investigation of my complaint and have decided not to pursue the rest of the balance :)

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Congrats.

 

Now, did they say they will simply stop pursuing, or did they say the debt is not finished and your account is closed?

 

Big difference there as the former means only the PDL will stop coming after you but they could easily sell the debt on to someone else.


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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Congrats.

 

Now, did they say they will simply stop pursuing, or did they say the debt is not finished and your account is closed?

 

Big difference there as the former means only the PDL will stop coming after you but they could easily sell the debt on to someone else.

 

Yeah - they said that the account will be closed and we'll definitely be keeping hold of all correspondence to that effect somewhere safe :)

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Make sure you get them to say that the debt will not be sold on to any third party or representative. That statement is key.

 

Otherwise they can simply sell the debt on, and say " we said we will close the account, not that we would wipe the debt."


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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Just a quick update in that WDA have completed their investigation of my complaint and have decided not to pursue the rest of the balance :)

 

What a suprise.

 

Thanks for updating the thread.

 

Jogs

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This is a the bit from the email

 

'After careful consideration in effort to draw a line under the matter it has been decided that the remaining balance of £73.75 will be written off and the account closed. '

 

Hope this helps and thanks for the replies :)

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Congrats again!


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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