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    • Thanks Andy!!!    Will get it completed and posted out👍🏻👍🏻👍🏻👍🏻
    • Hi,   Having had a PM exchange with Shamrocker (thank you) I've been advised to upload the General Order/Judgement that was sent to me at the end of September.  Can someone (possibly Andy) clarify that I need to complete a WS for my "side of the bargain".   Obviously, I have just received and uploaded the claimant's WS so I suspect I do, but the actual order was "vague".    Many thanks B   General Order & Direction Oct19.pdf
    • Hmm, so.. basically have to rely on the default notice not containing all that it should and the claimant misleading the court for the reason for the application.. and judge lottery : /
    • Which would require a hearing....so the fee would be £255.00
    • When providing a copy of an executed agreement in response to a request under section 78(1) of the Act:   a.     must a creditor provide a photocopy (or other form of complete copy) of the original agreement that was signed by the debtor or at least provide a copy which is derived directly from the original agreement or complete copy thereof? or b.     can a creditor provide a document which is a reconstitution of the original agreement which may be from sources other than the actual signed agreement itself?   It was held that a creditor can satisfy its duty under section 78 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself.   The judge accepted that as a matter of law, section 78 does not itself require any particular explanation as to how the copy was made. However, as a matter of good practice and so as not to mislead the debtor, it is desirable that the creditor should explain that it is providing a reconstituted as opposed to a physical copy of the executed agreement. This will also explain why the copy might otherwise look a little odd. The creditor can also explain in the letter that this procedure is satisfactory under the Act. The judge also provided that the following information needs to be included in the reconstituted copy agreement (assuming of course that it was present in the original):   1.     Heading: Credit Agreement regulated by the Consumer Credit Act 1974 2.     Name and address of the debtor 3.     Name and address of the creditor 4.     Cancellation clause applicable to the executed agreement.   All of the above may be provided on a sheet which is separate from the full statement of terms and conditions which also forms part of the reconstituted agreement. The creditor may, however, decide to reconstitute the agreement in a different way so that, for example, the information above is populated electronically onto the same sheet as that which sets out the terms and conditions, or some of them. The judge stated that he did not intend to prescribe the precise form of the reconstituted agreement. The key point is what information it should contain, subject to the point that its format should not be such as to mislead the debtor as to what he agreed to.   The judge also considered whether a statement like the one appearing in the reconstructed application form in Carey referring to the agreement to the terms and conditions "attached" needs to be included in the reconstituted copy. Alternatively if the application form had said "I agree to the terms overleaf", should that statement be included. The judge held that this aspect of the form is not necessary for the purpose of the section 78 copy, although there is nothing to stop a bank from putting it in or indeed from furnishing a copy of the type of application form or signature page that the debtor would have signed, as some banks have done. The statement referring to terms and conditions is not itself prescribed information and the supply of the terms and conditions which were applicable at the time will tell the debtor what he needs to know in terms of the content of what he signed up to, including the presence (or otherwise) of the prescribed terms.   In practical terms what this is likely to mean is that if the creditor chooses to use as the section 78 copy the section 63 copy, which would have been provided to that particular debtor at the time following execution of the agreement, this will be sufficient provided that the information referred to above is supplied. This exercise is not a mere formality. The creditor will need to check carefully that the details of the debtor at the time are correct and that those are the particular terms (including prescribed terms) that he/she agreed to. This is to ensure that it is an honest and accurate copy.   Must a creditor provide a document which would comply (if signed) with the requirements of the Consumer Credit (Agreements) Regulations 1983 (Regulations) as to form, as at the date the agreement was made in order to comply with section 78?   A creditor need not, in complying with section 78, provide a document which would comply (if signed) with the requirements of the Regulations as to form, as at the date the agreement was made.   Must the copy provided under section 78 include the debtor's name and address as at the date when the agreement was made, and if so in what form? The section 78 copy must contain the name and address of the debtor as it was at the time of the execution of the agreement. But the creditor can provide the name and address from whatever source it has of those details. It does not have to take them from the executed agreement itself.     If an agreement has been varied by the creditor under a unilateral power of variation, is a copy of the executed agreement as varied, a sufficient copy for the purposes of section 78(1), or must the creditor provide a copy of the original agreement as well?   If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms.     As your agreement is post April 2007  Section 61(1)(a) and 127(3)   Consumer Credit Act 1974 would not apply.   Andy
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Joannebrown1982

Default Notice Lending Stream

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Hi,

I have currently 4 outstanding PDLoans with various companies,

 

 

I have stopped paying them,

changed my back account etc.

 

 

Am currently in the process of trying to set up payment arrangements with the companies without much success at the moment.

 

 

One company in particular Lending Stream is very hard to get hold of via e-mail and are ignoring any contact I make.

 

 

I got home yesterday to a letter informing me of a default notice and that if I don't pay in 14 days they will go further to get the full amount off me i.e. take me to court.

 

 

I telephoned them and got a woman I could barely understand

all she was interested in was whether I could pay the full amount off, I said no,

 

 

I am wanting to make an arrangement with them as I can't pay the balance and won't be able to pay that sort of money within the next 14 days or even within a couple of months.

 

 

She tried to put me through to someone else without much luck and said someone would phone me back today - which they haven't.

They have informed me that they will keep adding interest until this is paid.

 

 

I am worried that they are going to take me to court and I will get even more added on to the loan and I will never be able to pay it off.

 

 

Although I work, I am a lone parent and have very little left over at the end of the month as it is.

 

 

I have tried e-mailing them again this morning,

only for the e-mail to bounce back as undelivered.

 

 

I don't know what to do,

am worried also incase baliffs come round.

 

 

I really don't want to phone them back as I would rather they e-mail me as I want everything in writing and hate going to the phone to them as they are awful!

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I have no professional expertise but in my experience over the last few years of being in debt to around 10 payday loan companies only 1 has ever taken me to court. And you don't actually go to court anyway, its all done via the post, you get sent a letter asking if you accept that you owe the money and asking for your budget, they then make a judgement and say you have to repay x amount per month, which in my case was £10.77 for around £400 debt

 

Hope this might make you feel less worried, someone else can explain in more detail.

 

Anyway if you are trying to start repayment plans you also need to get a new bank account or report your card lost/stolen so that they dont have access to your details, cos although most say they won't, they will take money out of your account when you not expecting it.


247moneybox: £418.04

1monthloan: £260

WageDayAdvance: £462

MicroCredit: £156

Amigo: £427.44

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Thanks for that, that makes me feel a whole lot better. So basically it sounds like they are doing scare tactics.I have already changed my bank account and reported by other card as lost so got a new one as owe an overdraft on that account, been checking online banking and thankfully nothing has been took out. Changed my bank account straight away as didn't want to leave anything to chance.

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You can still stop it getting to court, work out how much you can afford.

 

Email them and ask for their bank details so you can make payment, if they dont reply im sure someone here can supply them.

 

Make this payment every month/week, if they still want to take it to court you can defend the action and state you are alreday paying them as much as you can afford.

 

Dont just sit back and accept it, thats just what they want you to do.

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Never assume that they will NOT take you to court. If they get any kind of feeling that they would be able to obtain judgement by default, they will issue proceedings against you, although 99% of the time they backoff IF you put in a defence against them. The best way to deal with these companies is to play by the ball and make sure you follow guidelines and stay within regulation and law. It will be frustrating but it works.

 

From now on, stay off the phone to them. They will say ANYTHING to threaten you or force you into agreeing repayments with them that you wont be able to keep. Only communicate with them in email or snail mail so you have full written evidence should the worst happen.

 

I notice you said you cancelled the card. Thats a good start, but you need to make sure you cancel any CPA's (Continuous Payment Authorities) that the lender has placed on your account. These CPA's allow them to debit as much as they want and at any time or frequency. Some banks will even let them run up a massive overdraft on your behalf.

 

Now here's something to ease your mind. Bailiffs wont become involved for a very long time, if ever.

 

For a bailiff to come to you, the lender would have needed to issues court proceedings, won and gained a judgement, you would then need to have defaulted on that judgement, the debt then sent back to court and then the court ordering enforcement action. Please also note, that use of bailiffs is usually done as a last resort after other options have failed.

 

Should they take you to court, all you would need to do is show the court the repayments you can realistically make. Even if thats £1 a month. The court officer ( not a judge) would then check everything and in some cases it has bee known for them to lower the debt substantially if there is no realistic possibility of paying off the debt in the near future.

 

Again, bailiffs are a very long way off. If they write to you and indeed threaten bailiffs, let us know and we can help you file a complaint to the lender and the OFT.


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 great advice thank you so much. Does anybody happen to have a valid email address for lending stream? If not, I will await the next letter and post a letter to them requesting the bank information. Much appreciated

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Hi Joannebrown1982,

 

Don't waste money on a stamp, no letter needed :-)

 

Here are some of their email addresses:

info@lendingstream.co.uk

loans@lendingstream.co.uk

payments@lendingstream.co.uk

 

Their bank account details are:

Sort code: 20-19-90

Account number: 13434028

When making payments to this account state your 6-digit agreement numbers

 

They do repayment plans over 12-18 months


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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Thats fantastic - thankyou so much. My first e-mail is winging its way to them as we speak! Can I make that payment at any bank then do you know please?

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FInd out which bank it is, and pay in any of their branches. You can also set up a standing order from your own account and pay it that way.


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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