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    • Hi, yes they swapped over after a brief period when the bank were sending something over.
    • Fair enough. But I don't understand why they send these letters. Do people really get scared and end up paying them?
    • That's a blessed relief. They would have been withdrawn because, as I said, they have no evidence that you were driving. That comes from the responses to the requests for driver's details which you failed to send. The important thing is that the speeding charges were laid. That makes life much easier (and far more likely to see a successful outcome). You need to make your SD and serve it on the court where you were convicted. The next you should hear is by way of a "Single Justice Procedure Notice" laying the four charges against you again. You will have three options (for each charge): Plead Guilty and do not attend court Plead guilty and attend court Plead not guilty You must plead Not Guilty to all charges. In the section headed “reason for not guilty plea” you can state that you will offer to plead guilty to the speeding charging providing, and only providing, the FtP charges are dropped. This is a procedure well known to all court users (prosecutors, magistrates and their legal advisors) and is carried out up and down the land daily. I’ll refer to it as “the deal”. Before the pandemic it was necessary to attend court to undertake this deal and speak to the prosecutor (the agreement of the prosecutor is required as the court cannot accept it without that agreement).  However, during the pandemic courts aimed to reduce the numbers of people required to attend to an absolute minimum and most courts accepted a written request to do the deal. Local police prosecutors made an agreement with their courts that the magistrates’ legal advisors could accept the deal. In some areas this arrangement has carried on. In others they have reverted to the old process where attendance was required. So your offer of the “deal” with either be accepted in writing and dealt with under the Single Justice procedure or you may have to attend court. In either event it is important to emphasise that you will plead guilty to speeding only if the FtP charges are dropped.  There may be slight variations to the process depending on how the individual area works but there is no reason why this should not be successful.    
    • Yes thank you dx, my sentiments exactly.  We don't have access to his credit report to see the CCJ.  We were just told by the Estate Agency who he was trying to act as a guarantor for me.......  I can get a free one for a month I believe.  
    • I would say it's snotty letter time. You can do a search on CAG for examples of what other people have sent. Don't make it too polite. HB
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Payday Loan Hell- how do I find my way out?


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I've got two Payday Loans. At first I made the minimum payments etc. Then I fell behind due to working irregularly. Now the interest/penalty fees etc is so high that I have no realistic ability to pay it outright - though I can pay and have offered installments. They tried to charge all sorts of amounts to my debit card but the payments never went through because there is almost no money in that particular current account.

 

One of the PD companies accepted my £100 a month installment offer. But according to my bank that PD company was still furiously trying to charge various additional amounts to card, twice a day every day.

 

Unfortunately one of my clients has made a payment for some contract work via BACs into the same Current Account the Payday Loans keep raiding. The money will arrive Wednesday or Thursday.

 

I've spoken to the bank in question today (Halifax) and they have taken various steps on my behalf.

 

1. They have put a block on ALL cardholder-not-present card charges. That means my card cannot be used over the phone, on the internet etc or anywhere why I am not present myself to enter my PIN

 

2. Their Disputes Team has cancelled the Continuous Payment Authorities directly with each of these Payday Companies merchant banks.

 

3. The Disputes Team has also put an immediate block on any transactions originating from either of these two particular companies.

 

The two very helpful members of staff I talked to said that simply blocking my Debit Card and getting a new one is not enough. They said that in the unlikely event that any charges did go through those charges will be refunded straight back to me. But the man in Disputes said that none of the Payday Company charges are going to get approved from now on anyway. He said that the Cardholder Not Present block in itself was not necessarily enough to stop it but that the fact he's cancelled the Continuous Payment Authority *is* enough. He seemed to know all about Continuous Payment Authority.

 

Does this sound like enough?

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Your money appears secure, but make sure all this is in writing from Halifax in case you need it for back up at a later date in case your account is raided. Only pay payday companies by standing order, as you are in control, pay your capital recieved plus one months interest to clear debt. How much are the 2 loan companies claiming you owe them, what were the original loans for plus first months interest? There are lots of similar threads here, so peruse them for additional advice in the meantime, more knowledgavle caggers will be along to help you.

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Thanks Spiral :) Well one of them is adding all sorts of penalty charges, charges for sending email reminders and goodness knows what else IN ADDITION to the interest. I've actually already paid back the amount of the capital received, in both cases.

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Right Manuka, post up the 2 payday loan providers, capital recieved and one months interest first + 1st default charge (at a reasonable not extortionate amount). then let us know how much you have paid from each loan and what they are claiming is still owed.

 

It appears that you are cleared of the loans going by your earlier post, FOS has given instructions that capital plus one months interest plus a standard default fee are all that are due and all other fees etc.. are unjustified as the loan is only for 30 days and thus if loan is not paid within this time frame it has come into default and thus all their exbortitant fees & charges are null & void.

 

It appears they are hoping you are a "cash cow", wouldn't be surprised if the 2 lenders are CFO and minicredit.

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If you have already paid off the capital then all you have left to payoff is the original interest + the original default fee.

 

Read over the contract they sent you with the loan. The default fee should be listed here.

 

Also you don't have a payday loan hell imo, i have 10 payday loans that i am trying to deal with and theres even worse cases than me out there.

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Tell them your bank account has been emptied, give them the full story from beginning, ie how much you borrowed, what you tried to repay, what you offered, and then them emptying your account.

Add that the Halifax have contravened the Payment Services Regulations 2009 in your complaint.

 

BUT - check your account in the morning. Halifax may have reversed these by then (the same happened to a mate recently with a cancelled DD. Cancelled Friday, payment made Monday, money back in account Tuesday with no intervention by him. And the transaction stayed reversed).

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I spoke to Halifax on the phone. They said that as of the date when they received my cancellation of these CPA payments, they will refund any charges made by the companies in question. They will refund these payments today. But presumably when the refunded monies hit my account the Payday people will siphon them off again immediately?

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I spoke to Halifax on the phone. They said that as of the date when they received my cancellation of these CPA payments, they will refund any charges made by the companies in question. They will refund these payments today. But presumably when the refunded monies hit my account the Payday people will siphon them off again immediately?

 

They won't be able to do it via the bank as the CPA has been cancelled.

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But the CPA was already cancelled yesterday and yet the PayDay Loan co has still successfully managed to empty out my bank account! How would anything be different next time?

 

Well that bank should give you an immediate refund and then go on to put a block on further payments from that firm. Should the PDL firm have some way of circumventing this - the bank should once more refund the monies.

 

In addition, you might want to think about moving banks to someone totally 'safe'.

 

Hope you can work it all out :)

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