template letter to withdraw payment authority- WONGA??

[renegadeimp]

You need to send one to wonga and a specifically detailed one to your bank. WOnga and other pdl's are well known to just ignore the instruction completely.

 

As for natwest, have a read of http://www.consumeractiongroup.co.uk/forum/showthread.php?336569-How-to-remove-a-lender-s-continuous-payment-authority(1-Viewing)-nbsp and dont listen to any of the crap they give you. Your rights are enshrined in law, no matter what natwest try and say.

[renegadeimp]

Ok. DONT talk to them on the phone, for any reason. Keep everything to emails, or letters sent and tracked by recorded delivery.

 

Im about to go out for an hour or so, but if nobody else has replied when i get back, ill help you with a few letters, and some links so you can have a read up on various regulations/guidance rules and set your mind at ease.

 

The absolute first thing you must do is secure your finances, which may mean getting your employer to pay your wages into a brand new bank account. If PDL's have access to your card and bank, you can be sure that they will debit it for as much as they can, whenever they can.

[renegadeimp]

You dont email anyone. You write the letter up and hand it in person to your nearest branch. They copy it, and sign and stamp both copies, handing you one back. Once this is done, should any money get paid to the lender, the bank MUST refund all the money by law.

[renegadeimp]

Ok im back now. Gonna have a quick re-read of this thread and see what i can do.

[renegadeimp]

Important: For the letter to your bank, you must give the instruction to them in good time before the money is due to be taken. This is normally before close of business the previous working day. It is usually a good idea to hand it in a few hours before close of business so they have time to update your account, and cannot make any excuses if they fail to follow the instruction.

 

 

To cancel payments TO wonga, hand this letter into the duty manager at your bank in person. Get it photocopied while you are there, stamped and signed. Keep one copy.

 

Account Number: xxxxxx Sort Code: xxxxx

 

Dear Sir,

 

Please cancel and decline any and all transactions that are to be made, or are in the process of being made to the following companies: (insert companies here. Make sure to find out the merchant for your PDL too and enter it here). This includes any use of Continuous Payment Authorities that may lie on the account.

 

Under Regulation 55 of The Payment Services Regulations 2009 section 55, you are legally obliged to comply.

 

 

Sincerely

 

xxxxx

 

Thats all you need to write. Remember, do NOT leave the bank until you have a signed, stamped and dated copy, no matter what the bank does or says. It does NOT need to go to the bank manager, a duty manager can do it, and if they are not around, even a cashier can sign for it.

 

Once you have the signed, stamped and dated copy, you need to keep it safe, as this is your conclusive proof the bank have failed in their legal obligations should they let the lender have more money.

 

Please note that the cancellation only applies once they recieve this letter, it cannot be backdated, and if the lender have taken any money out previously, it must be dealt with separatley.

 

 

 

Now, the letter for wonga is simple too, make sure you send it via email and get a read receipt, or by Royal Mail Recorded Delivery and make sure you track it:

 

 

Account Reference: xxxxxx

 

Dear Sirs,

 

In reference to the above account, i hereby withdraw all permissions to you to debit any monies from the associated bank account or debit/credit card. Should you attempt to take any money from the aforementioned account, i will be issuing full and formal complaints to the OFT and will make a comment on your fitness to hold a credit licence. I have already given my bank the legal instruction to decline any and all transactions to your company.

 

This letter/email (delete as appropriate) will be tracked as proof of receipt.

 

Sincerely

 

xxxxx

 

 

Those are basic templates for you to use. The bank one can be sent "as-is" editing it for your own info. With the wonga one, have a read of it, and edit it to your own words. Anything in red can be edited if you want an easy template.

Edited January 16, 2013 by renegadeimp

[renegadeimp]

You say you are benefits. Is that your sole source of income?

[renegadeimp]

Then tell wonga since you and your partner are not employed, they will be getting £1 a month.

 

If they ever tried to take you to court, and you are both unemployed and on benefits, a judge would agree to £1 a month or even less. (Completely dependant on total income and outgoings). As long as you let wonga know, and keep them informed, they would look very VERY stupid if they ever tried to issue a claim. They would also be in violation of their credit licence if they insisted on adding on interest and extra charges when you have made it clear you cant pay them.

 

The most important thing is you keep the lender informed and do it in writing. This shows that you have tried to negotiate and cooperate every step of the way.

[renegadeimp]

If you can think you can afford £5 a month, then by all means pay them that. You can always add a clause to your payments where you will re-evaluate your circumstances in 3 months, 6 months time.

 

As for other creditors, please remember that wonga is a low priority creditor with as much right to your money as your milkman. It might be a good idea for you and your partner to create a full I&E for your own use, and then complete a budget summary so you can see what you can pay each creditor. Remember, high priority debts such as rent/mortgage/water/food/car fule etc come first. if after all those there is only 50p left for wonga, then thats all they get, whether they like it or not.

[renegadeimp]

Well the courts would say pay your priority bills, then make sure you have some left for "socialising", then your lower priority debts come into play. If that means they dont get anything for a few months, then tough luck to them. If they add on charges etc as i said before, then they are in breach of their licence.

[renegadeimp]

You need to get them to confirm that they will not debit your account. Thats why we now say ( and the FSA says too), to go direct to your bank and cancel it that way.

[renegadeimp]

Ok. You really need to get it in writing, and TELL natwest to cancel it. Do not let them say they can only request it. Under a law passed in 2009, the banks are legally obliged to comply or face penalties.

[renegadeimp]

Doesnt matter if they say they cant, or whatever excuse they want to use to try and avoid the law.

 

Get that letter into the nearest branch, get it copied and both copies signed, stamped and dated. From the second you get that copy ( The bank cannot refuse to follow your instructions), the bank must comply.

[renegadeimp]

If they refuse to sign it, then you want them to put it in writing that they have refused. Or you can file a formal complaint with the bank and FSA/FOS/OFT since the bank would be breaking the law.

 

You could say, " So you refuse to sign this legal instruction? Ok. I would like your name and employee number and written confirmation that you refuse to carry out my instruction. This is so i can contact the OFT/FOS/FSA and your head office to file formal complaints and inform all of them that you are breaking the law."

 

If you spoke over the phone and said it, then you would need proof you called and told them that. That is why CAG's advice is to get everything in writing. If you have to telephone a company, you must make sure it is fully recorded.

[renegadeimp]

If they refuse to sign it. SImply stage a silent protest a sit-in of sorts. They wont be able to remove you, as if they call the police, you can inform the police that they are breaking the law as well. Play the banks at their own game, as lately they seem to think the law doesnt apply to them.

 

And you are far from being a pain. You came here for help and we're giving you as much advice as we can.

 

If you read http://www.consumeractiongroup.co.uk/forum/showthread.php?336569-How-to-remove-a-lender-s-continuous-payment-authority you acn find all the legal information in post #1

[renegadeimp]

Make sur eyou take copies of that legal info just in case.

 

The bank will probably take your instruction without any annoyance to you, but i understand your mindset with the "what if" scenarios. After all, its better to be prepared for the worst so you can tackle it head on.