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    • Well send off the letter of claim when you're ready. There's really no need to hang around. In terms of the particulars of claim – you don't need to send anything extra. Do not click any boxes.   I wasn't aware that you actually had to calculate the daily rate of interest. I'm giving a shout to my site team colleague @Andyorch
    • By the way, is there a telephone number for the mystery handset? Have you tried calling it?
    • Who made the complaint to the ICO? Did we recommend it? An uncharitable side of me wonders whether they aren't considering erasing all data in order to get rid of evidence of their bungling. Have you checked your credit file? I think you need to make sure the get copies of everything you can from anywhere just in case various records get cleaned up. I think should set about that straightaway although it's a nuisance. Keep a note of the time you spend doing it. Are you sure that the problems with Vodafone and also with Three were caused by your blighted credit file – blighted by virgin? Can we take it that your credit file before this was clear? I think it could be an idea to send an SAR to Vodafone and also to Three to see if they have any reference to the problem setting up your account with them and that those problems might have been caused by virgin. Your credit file also might show searches by Vodafone and also by Three. If there's anything else you can think of – then try to get the information.  
    • No they are not entitled to see payslips. Only if this ever went to Court and it was part of the Court process would this be required. So the information you provide needs to be accurate, in the remote possibility that your information is passed to a DCA who uses it in Court in the future.   Just enter all information onto your income/expenses sheet in Pounds Sterling.        
    • Hi, I am drafting the pro-rata letters and putting a income expenditure sheet together. One question, as I am overseas the expenditure currency is different to the debts. Are they entitled to see pay slips (also in anther currency which isnt indicated on the slips)?
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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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