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    • thanks for the info. I thought that might be the case.    I have been at the same address since 2009.    in 2010 they wrote to an address that I lived at in 2008 and left in 2009. I assumed they collected that address from the electoral roll maybe. after investigation this is the address where they secured the CCJ at.    The SB MCOL success in 2015 was from the same current address I am at now (and since 2009 ) and is the same address that they are writing to now.    so no I have not moved, they just didn't write/contact for a long time   thanks Dave  (thanks for the info and your time I have made a donation through PayPal)    
    • Hi all, just finished my Hearing.. Nothing owed to me by VCS so I WON the case.   Mr D from VCS stated he wanted to Appeal, then he withdrew the opportunity. VCS have 3 weeks to appeal so I may yet get a letter.   The WS "we" all put together was "Very Informative" the Judge said.   What swung the judge was that is was a Stopping Event, not a Parking Event.   I didn't make any counter claims as yet.. Will wait to see if an Appeal is forthcoming..   Just want to say a Big Thanks to all for your help. I do hope it's finally over. It was pretty Intense for a Layman!   Regards Tom    
    • Have you had the property valued.....what's its worth ?  If he agrees to nothing and signs nothing he is legally entitled to 50% of the value anyway.
    • My car was on road outside my house.  i took the loan out october 2019, never defaulted till June 2020. Requested payment holiday which they granted, still struggle due to Covid.   on the paper work it says I took 2000 and pay back 175, a month. I actually only had 1200 at 105 a month. They never sent me new paper work.   Hence kept telling me wrong settlement figures or would not send you settlement figures, then another date would pass. 
    • Hi All,  I would appreciate a bit of advice re a speeding offence.    I lease a vehicle and the leasing company received a Notice of Intended Prosecution (NIP) dated  7/1/21  relating to an alleged offence speeding offence (fixed camera) on 12/12/20.   As soon as I heard from the police, I wrote back and informed them that the notice was well over the 14 days set out by the Road Traffic Act. and sent them a copy of the notice issued to the leasing company dated 7/1/21.   The police persisted in simply replying and advising me that the it was issued within 14 days! After four letters from me, asking them to explain how this could possibly be within 14 days, they eventually put a bit more meat on the bone and said that an NIP was sent out on the 15/12/20, which would, of course, be within the statutory time.    I then contacted the leasing company again,  and they have confirmed that the only NIP that they received was on 7/1/21, otherwise, they would have contacted me earlier!     The NIP dated 7/1/21 presents as an original notice, not a reminder; not sure if that is relevant.    Any suggestions as to how to deal with this one?     Many thanks.      
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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Hi There,

 

I took out a stupid pay-day loan and couldn't afford to pay it back. Now I cancelled my debit card and my bank manager cancelled the direct debit 2 months ago and all was fine and well.

 

A few days ago I noticed that they had set up a direct debit again and applied for payment of the balance.

 

Am I correct that this is a breach of the direct debit scheme regardless of their terms and conditions?

 

As far as I am aware with other companies if I or my bank cancel the direct debit, the recipient requires my authorisation to set up a new one?

 

Am I right? Are they in the wrong?

 

Cheers in advance!

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Yes, it is a breach of the DD guarantee. As you cancelled it and have given no instruction to restart it, your bank should refund the monies.

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Hi Rickyatsea,

 

As far as I am aware WageDayAdvance has something in the contract that they can set up a direct debit until loan is repaid. Even if you are on a repayment plan they will set up a direct debit every month for the full amount 1-2 days before your income is due. So you would need to cancel set every time 1 day before your income is due.

24/7 Moneybox: 195.00 - Oustanding: 0.00

British Pearl/Spondoolies: 752.10 - Oustanding: 0.00

Cash on go/Peachy: 206.30 - Oustanding: 0.00

EarlyPayday: 325.00 - Oustanding: 0.00

Lending Stream: 1398.46 - Oustanding: 0.00

MicroLend: 780.00 - Oustanding: 0.00

Minicredit: 520.00 - Oustanding: 0.00

MonthEndMoney/PaydayUK: 937.50 - Oustanding: 0.00

MrLender: 715.00 - Oustanding: 0.00

Pounds2Pocket: 2328.00 - Oustanding: 0.00

QuickQuid: 1800.00 - Oustanding: 0.00

SafeLoans: 450.50 - Oustanding: 0.00

Speed-E-Loans: 516.00 - Oustanding: 0.00

SwiftSterling: 1295.00 - Oustanding: 0.00

Toothfairy Finance: 544.00 - Oustanding: 0.00

TxtLoan: 450.00 - Oustanding: 0.00

WageDayAdvance: 670.80 - Oustanding: 0.00

Wonga: 1336.86 - Oustanding: 0.00

Total: 15220.52 - Oustanding: 0.00

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Doesnt matter if its in the contract. You can revoke it and cancel the DD at any time. You can also put a full block on it at your bank.

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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Thats what im getting at. This company is regulated by some kind of body. Whether its in their contract or not they are breeching th DD scheme?

 

Can i not have them by the short and curlies for this behaviour?

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You can try but going by the antics of all PDL's, and the very restricted nature of what the regulators can do, theres really not much you can do. The UK has some of the most relaxed regulations and laws surrounding interest rates and PDL's/creditors attempts to get money.

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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Im not going to mention any names but i have a good bank manager who is sympathetic towards my circumstances and has a degree of hate towards these type of companies. He is opening me a new account on friday and closing the old one down so i have new details and card details.

 

He believes they cannot offer direct debits if they do not adhere to the schemes rules.

 

I will see what he says on Friday but i hope i can get them on something.

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Just be careful. Some banks will still allow the transactions to be processed. This is a system failure and something which a bank manager cant rectify.

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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