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    • Good evening folks, i have my hearing tomorrow at 3pm. I have never been to court for a civil matter, what is likely to happen  and what do i need to do?  I plan on going straight from work, i finish at 2pm, it will take about half an hour to get there, does that sound ok? I called the court late this afternoon, sadly i was too late in the day and the office was closed.  
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    • Thanks @lolerz. I've attached it to the post. What do you think? What's the organ grinder? NTK.pdf
    • I'm afraid that if the value of the item was under declared then that is probably the best that you can hope for. Also, because the item was incorrectly addressed – even by a single letter, if that because the issue relating to the delivery then that has probably compounded the problem. There is probably very little that can be done. If you are lucky you will get the item back and then you can start again and declare it properly. Undervaluing parcels which are sent by any means is always going to cause a problem if the item is lost or damaged. It may mean that the cost of delivery is slightly less – but at the end of the day the risk becomes yours. When you enter into any kind of contract, effectively you declare it a level of risk to your contracting partner – and they decide to enter into the contract with you based on that level of risk. You have declared a level of risk and £50 – and that's the deal.   Additionally, undervaluing an item which is an internationally has the effect also of evading customs and any VAT system which is in force in that country – and that makes the whole thing a little bit more serious
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Made a mess of it I think! Payday Express!!


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Hi,

 

Briefly:

 

Im with Payplan. Here's link to my post about all my PDL's:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?363762-4-Payday-Loans-now-with-Payplan-but-.....&p=3974544#post3974544

 

Apparently all have accepted the offers but PaydayExpress have called about 8 times every day (no message) and 8 times today plus called work. Before anyone says I have just sent the harassment letter which they got today but where do I go from here?

 

I know I can complain but to whom?

 

Many thanks,

 

Jon

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Complain to the OFT as calling your employer is a very big breach of oft guidance and their credit licence.

 

Exhaust the creditors complaints procedures and get the FOS involved.

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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Thats up to you.

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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  • 4 weeks later...
I spoke to them and they said even though they have put a note on the system I will still get calls and texts until it's paid.

 

 

Never speak to them. You MUST get what they said in writing. What they said is a blatant breach of OFT guidance and is borderline criminal harassment.

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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Is there any way you could record these phonecalls? From my experience, as soon as I mention that I'm recording the call they go all quiet and in most cases hang up instantly as they know they can't just say what they want anymore.

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Never tell them you are recording it. You dont need to.

 

Just play along and make sure YOU follow the rules. Let them drop themselves in it.

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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hello not sure where to post this as i cant find any of my posts or how to post a new thread, i've noticed that the address i have down for two payday loan companys was completely incorrect but i put it down i just must have not thought (that im paying off monthly)and want to know am i able to amend this via my credit report even though i put the new (wrong) address on my account via there website?

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Yes, quietly remind them when they call that you have requested they don't, and remind them that you clearly stated you would be recording all calls and keeping all electronic messages as proof of their harrassment.

 

Then get complaining to them and the OFT/Trading Standards.

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  • 2 weeks later...

Basically with Payplan who have been amazing. Had 4 PDL's - all accepted other than Payday Express. Payplan told me that they wouldn't accept but will still be sent the payment - which is small to be fair but in line with my budget.

 

I think I made the mistake of emailing them (Payday Express) and asking for their bank details and offering £20 per month in addition to the money that Payplan send them.

 

This is the rather stroppy I got back,

 

"Thank you for your recent email.

 

Please note that the reason we have rejected your debt management plan is because you signed with your debt management company BEFORE you borrowed the loan from us - not because "we want more money".

 

If you sign with a debt management company it means that you have recognised that you are not in a financial position to repays your debts without assistance, and by borrowing more you are breaching the terms and conditions of the loan and making your financial situation worse.

 

We have sent you our bank details as you requested them, however there is currently no mutually agreed repayment plan in place and currently you are leaving your account open to interest, charges and collection action.

 

Regards,

 

Payday Express"

 

I certainly can not pay any more.

 

What do you think is the best approach here? Just pay what I said I would? Or try to enter an agreement?

 

Thanks,

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HI, me again. New problem. I did a new thread - lots of views but no comments - so.......

 

Basically with Payplan who have been amazing. Had 4 PDL's - all accepted other than Payday Express. Payplan told me that they wouldn't accept but will still be sent the payment - which is small to be fair but in line with my budget.

 

I think I made the mistake of emailing them (Payday Express) and asking for their bank details and offering £20 per month in addition to the money that Payplan send them.

 

This is the rather stroppy I got back,

 

"Thank you for your recent email.

 

Please note that the reason we have rejected your debt management plan is because you signed with your debt management company BEFORE you borrowed the loan from us - not because "we want more money".

 

If you sign with a debt management company it means that you have recognised that you are not in a financial position to repays your debts without assistance, and by borrowing more you are breaching the terms and conditions of the loan and making your financial situation worse.

 

We have sent you our bank details as you requested them, however there is currently no mutually agreed repayment plan in place and currently you are leaving your account open to interest, charges and collection action.

 

Regards,

 

Payday Express"

 

I certainly can not pay any more.

 

What do you think is the best approach here? Just pay what I said I would? Or try to enter an agreement?

 

Thanks,

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Swanleyboy...

 

As much as I understand your eagerness to get these jokers off your back..

 

You've obviously provided payplan with you income and expenditure details and worked out pro rata payments with your creditors. If you've got £20 a month spare it would probably be fairer to advise payplan and add this £20 on to the amount you pay payplan so it can be evenly distributed between the creditors who aren't being arsey.

 

PDE are vultures. You'd have more luck trying to negotiate with the devil. Let them sit there with their arms folded and throw their toys out of the pram. They're getting a piece of the pie and eventually they'll accept your dmp.

 

I'd definitely not enter into further communication with them. This defeats the object of your dmp. Simply referr them to payplan with your reference number if they contact you again.

 

Regards

 

BM

It never rains but it pours...

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  • 2 weeks later...

Hi,

 

I have 4 PDL and three accepted my DMP (as with Payplan) with no problems.

 

Had a few emails back and forth - will not all them - and then today I get this email.

 

 

"Dear customer- Payday Express has been trying to contact you without success. We have instructed our agent to call within the next 3 days between the hours of 8am & 7pm. If this is not convenient please call us on 0800 012 6347 to arrange a more suitable time.

 

Debt Recovery Department

Payday Express

Tel 0800 0126347

Fax +44 (0)115 9347434

Email [email protected]

Web www.paydayexpress.co.uk"

 

 

So - can they do this, will they do this? They have been extremely unhelpful all the way through.

 

Any advice would be extremely welcome.

 

May thanks,

 

Swanleyboy

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Call them, tell them its not convenient, and if they wish to have an Agent call at your property they will have to request an appointment in writing, and you will then refuse that appointment in writing, and if the Agent calls without an appointment you will consider it trespassing and call the police. Also put it in writing to them, have them sign for the letter so you know they got it.

 

There is a great letter someone sent a PDL along those lines on this forum somewhere.

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What they mean is they will get their agent (debt collection agency) to call on the phone between 8 am and 7pm.

 

When you read their email you are supposed to be terrified that someone is going to knock on your door anytime between those hours - so you will ring them and allow yourself to be bullied into giving new bank/card details or promising to pay more than you can afford.

 

Stick to your guns and offer them an affordable repayment plan writing.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Swanleyboy.

 

That's just simply one of payday express's famous threatograms.

 

How long have you been trying to get these clowns to accept your dmp?

 

Don't phone them. You'll be wasting your time.

 

Any letters or emails you receive, forward them to Payplan. Payday express usually get fed up and accept your dmp or pass the debt onto a DCA.

 

Do you know if payplan are paying PDE a chunk of your allocated funds?

It never rains but it pours...

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I received exactly the same from them when I owed them, I fell for it hook line and sinker and spent several weeks literally standing up everytime I saw a car pull into the street, and jumping out of my skin whenever there was a knock at the door. B*stards, and needless to say nothing ever happened.

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