Jump to content


  • Tweets

  • Posts

    • So we understand that the original purchaser and the original dealer are no longer in existence.  you have to check the warranty and see whether it is a transferable warranty. Also who has provided the warranty? If the warranty is a manufacturer's warranty then you may be in a position to enforce it. On the other hand if it is the original dealers warranty then it may not have much value anymore.        
    • Have had the SAR returned to me.  Strange that they have not included any signed copies of loans.  Especially the one i am disputing.  Have sent lists of what I am assuming are details of previous loans but they have blocked out the financial details.  They list the final loan as being administered by telemarketing unit and list it as a home improvement loan.  The full and final investigation into this matter as they stated in the letter consists of 2 small paragraphs.  They are saying I should have brought the complaint to them much sooner
    • Ok it's good that it is documented in writing.   Pre-action conduct and protocol which can be found here provides under section 7 that parties should agree to a single expert opinion and share the costs of obtaining the opinion.   If you have documented evidence that JL refuse to share their report with you I would keep hold of that tightly as it could demonstrate JL are deliberately acting in bad faith and are not acting in compliance with said pre-action protocol.   Section 13 of the PAP indicates when a party is not compliant with the pre-action protocol this will be taken into account when giving directions for the management of proceedings and when making orders for costs.   I think what can be inferred from section 13 is that JL's current insistence not to share the report with you, despite your reasonable request, increases (while not guaranteeing) the likelihood of any claim you bring succeeding and having any claimed additional costs awarded against them.   As a result of this I would document any costs you have incurred when obtaining your own expert opinions, as well as how long it has taken you to obtain the additional expert opinions as it may be possible to include a small sum for this as a result of being forced to seek your own expert opinions due to JL's non-compliance with PAP.   I do not think you are obliged to notify JL they are in non-compliance of pre-action protocol, after all once you start sending letters they will have their expensive legal department review it, who should be more than capabable of understanding their non-compliance.
    • Hoping someone can help... court action need to be started against a garage because they have failed to resolve a problem under warranty.    An independent garage has verified the fault still exists despite the original garage claiming there's nothing wrong. They are happy to provide a report.    The problem is the car was bought by a family member who has since passed away, leaving the car to their child who is now the registered keeper.    The garage has also been bought by a larger garage group since the vehicle was purchased (they were going into administration).    Would court action need to be taken by the registered keeper or (preferably) could I do this as the person who has actually dealt with the issue from the beginning?    Would the defendant be the new owner of the garage or would be now defunct limited company be named as an additional defendant since that was the entity the vehicle was purchased from? I also think the national manufacturer that provides the warranty should be named as a defendant, does that make sense?   Any pointers would be gratefully received, thank you.
  • Recommended Topics

  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 33 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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
  • Recommended Topics

Made a mess of it I think! Payday Express!!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3109 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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

Link to post
Share on other sites

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

:D

Link to post
Share on other sites

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

Link to post
Share on other sites
  • 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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

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?

Link to post
Share on other sites

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.

Link to post
Share on other sites
  • 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,

Link to post
Share on other sites

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,

Link to post
Share on other sites

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...

Link to post
Share on other sites
  • 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]ss.co.uk

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Help us to keep on helping

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

 

 

This site is run solely on donations

 

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.

Link to post
Share on other sites

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...

Link to post
Share on other sites

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.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...