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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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Bank Account Stripped


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Hello guys/girls

 

I had two paydays loans due today with wage day advance and also pay day uk

 

I had sent emails stating that I will need to arrange a repayment plan to pay as I would not be able to meet the full repayment at the end of this month.

 

Pay day uk agreed to a repayment plan of £55 per month and even sent me there bank details for me to setup a standing order

 

I woke up at 2am this morning to safe guard my wages by transfering it into my savings account and to my suprise my bank had been stripped to the bone! Both payday loans paid off in fulll but I can now not afford my rent and really dont know if there is anything I can do

 

Do I just have to accept this or is there any hope of me getting this money put back by the bank?

 

I dont like my chances :sad:

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I am sorry to hear about this as it happens all too often. I'm afraid you could have some difficulty to say the least in having you money returned.

 

I know that it is late in the day as far as your situation is concerned, however the secret of stopping these payments to payday lenders is as follows.

 

NEVER UNDER ANY CIRCUMSTANCES let them know that you are having difficulty in the lead up to payments dates until after you have cancelled the payment with your bank. I am aware that the banks can be difficult and very often state that such payments cannot be cancelled, this is absolute CRAP .

 

Therfore you must write to your bank INSTRUCTING them to cancel the payments, deliver it by hand if you wish and attach the following to your note.

 

 

Cancelling a recurring payment

 

152a Recurring payments, is the term used to describe transactions for which a client has granted written permission for her/his credit or debit card to be debited for recurring goods or services, for example, club membership subscriptions, insurance cover or payday loans. The card may be debited annually, monthly or at other regular intervals.

152b In most cases, recurring payments can be cancelled by telling the trader taking the payments. However, a client has the right to withdraw consent by simply telling whoever issued the card (the bank, building society or credit card company) that s/he does not want a payment to be made. S/he can tell the card issuer by phone, email or letter.

152c The card issuer has no right to insist that the client ask the trader to stop taking the payment first. The card issuer has to stop the payments if the client has asked them to. The client could point out to the card issuer that they should follow the FSA guidance available in the FSA Know your rights booklet which is available on the FSA website at www.fsa.gov.uk.

152d If money is still taken from the client's account, it will be deemed to be an unauthorised transaction, and the card issuer must give her/him an immediate refund. The card issuer will have to cancel any interest and charges added to the her/his account because the payment was taken. It is not up to the client to prove that s/he told the card issuer to stop taking payments. Instead, the card issuer would have to prove that s/he did not tell them to stop making payments.

152e The client should complain to the Financial Ombudsman Service when all the internal complaints systems within the company issuing the card have been exhausted.

You can learn more about your rights via the following fsa guide :

 

If the bank fail to follow your instructions, they become liable for repayment.

Edited by Crocdoc
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Get a chargeback as they are unauthorised transactions. Dont let the bank trick you with the "its a financial institution" crap.

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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Get a chargeback as they are unauthorised transactions. Dont let the bank trick you with the "its a financial institution" crap.

 

I not sure that they are unauthorised payments unless I have misundersood the post as there is no mention of cancelling the payment intruction with the bank.

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Hi guys,Many thanks for the advice,I understand I was a fool to let them know I would have issues.

I just felt it best to get everything in place before payday

 

Big mistake

 

 

This is the email I have confirming the payment plan was accepted

 

Thank you for your email.

 

To make cash payments please use the details below.

 

60-00-01 Natwest sortcode

39524906 MEM account

12215529 reference

 

PLease confirm the exact date of the payments as you have stated first payment 28/2/2013 and next payment 1/3/2013.

We do not offer long term payment plans and the account will need to be reviewed in 4 months time if you are not in a position to pay the outstanding balance at this point.

Once the exact payment dates have been confirmed the payment plan can be put into place.

While payments are being made as per an agreed payment plan, no extra interest or charges will be added to the balance.

Until a payment plan has been agreed and put into place, payment will remain due as per the loan agreement.

 

Regards,

 

Claire

 

Collections

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I am on live support now talking with them and they said they tried to call me to arrange the payment plan.

To which I replied that I had stated that I was not contactable via the telephone and that I would set up a standing order which I have done.

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Transcript of chat so far

 

xxx: Thank you for waiting

xxx: I can see that we have received the payment today and your account is now settled.

xxx: We tried to call you in regards to the payment plan but no answer on your mobile.

you: Ok so why was £55 not debited as per the arrangement

you: I did mention in previous emails I would not be contactable over the phone and would be sending payment via standing order which I have set up at my end

you: with the details you provided

 

xxx: One moment please while I find that information for you.

you: I have 7 emails here in total from myself and xxx from collections which clearly state that payment plan is in place and my intent to pay £55 as this is what I was asked to do...Over £500 has now been deducted which basically leaves me homeless and in a vunerable position...I am happy to pay £200 off today as a token gesture but the remaining £300 will need to be credited within the next hour or I will seek advice from the OFT with where I stand on this matter

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I have also asked Nationwide to cancel the CPA a few months ago to which they flat out point blank refused to do over the telephone.

 

They sent me a visa dispute form and told me to go away pretty much

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you: I am happy to pay off £200 today from the money you have already recieved and £55 per month until the debt is cleared,This is a better offer than I originally was accepted for and is the best I can do at my end but I do have a desperate requirement for the remaining to be sent back today so that my financial commitments with rent are met

xxx: Unfortunately, we cannot deal with this issue over Live Chat or Email, we need to speak to you on a telephone. We are more than happy to help but must discuss this over the telephone.

you: Why can this not be dealt with via email,What is the need to speak to me over the telephone,especially as I have no access to a telephone at present

you: I will not be entering into a conversation over the telephone that cannot be monitored and or recorded by myself,If you are refusing to assist me unless I call to speak with you then i will also put this in my complaint to the OFT

you: I have been in touch with xxx from collections who has been dealing with this,Surely you should be talking with her.There is nothing more that I need to say,I have made a very fair offer and have not broken any of the repayment plan that was agreed,Infact I have offered even more

you: If this isnt resolved now I will simply request a chargeback from my Bank and then we will settle this with the original £55 per month as agreed by yourselves

xxx: All calls are recorded here and records kept accordingly.

you: I keep records for my safety and for my legal protection

xxx: I understand your concern.

xxx: One moment please.

xxx: For Data Protection purposes we need to communicate by telephone or in writing. (This will need to be posted) We are aware that you are posting publicly and we are not prepared to communicate in this manner.

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Looks like they are pretty much stealing from you, especially with that letter. I'm not 100% on the legalities in this instance, so ill see if i can grab an admin.

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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If Wageday took the money by Direct Debit then you can ask the bank to return it under the DD guarantee as it is not the amount you agreed to pay.

Help us to keep on helping

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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Agree with Ell-enn. You had an agreement in place to pay £55 and Wageday have breached that agreement by debiting your account with an amount that was not agreed and which they didn't previously advise you off. Speak to the bank and tell them that Wageday have debited your account with an unauthorised amount and you want the amount returned to your account under the direct debit guarantee.

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Morning all

 

Oh what a cock up lol I called the bank last night after reading the advice.

The person at the bank confirmed two payments made by direct debit by wage day advance for £250 & £70 Which I thought was quite strange as the amount was over £500!

 

Anyway...After cancelling these direct debits and explaining the situation to the guy from the bank,I got off the phone and headed downstairs only to realise I had made a mistake! All this talk of wage day advance got me mixed up as it is actually pay day uk/MEM consumer finance who took the £500 not wage day advance.

 

Wage day advance took just over £300 which was the amount borrowed and although I emailed them a week ago stating I would not be able to meet the full repayment and would need to arrange a payment plan,They never responded.

 

I called the bank back who told me that paydayuk/mem consumer finance did not debit via direct debit and I would need to wait until the transaction has cleared then call them back and file a visa dispute over the phone.

I told them I had made a mistake and actually cancelled/reversed the wrong direct debit and they have told me to call again at 9am and they should be able to stop the reversal.

 

I dont believe I have any right to cancel this transaction as they never got back to me regarding my repayment plan or even accepted one,Am I right in thinking this?

 

Many thanks for all the above help,You have been amazing!

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Regardless of where we are now as the issue appears to be confused. The only way to stop payday lenders stripping a bank account when they have access is to cancel the payment arrangement IN ADVANCE of any negotiation regarding a repayment plan

 

Once a reduced payment arrangement is in place NEVER UNDER ANY CIRCUMSTANCES agree to them taking the reduced sum by direct debit or recurring card arrangement. THIS SIMPLY PLAYS INTO THEIR HANDS and once again gives them control of your account.

 

Standing order or any other method that keeps you in control is the way to stop the practice of stripping accounts. They may argue that they don't not accept alternative methods of payment, nevertheless if you have offered payment in writing and they refuse, thats up to them, but it puts you in a much stronger position if they try and pursue through the courts.

 

Trust me on this one as it is and tried and tested method.

 

I accept that this does not help you in your current situation, however it will assist if you have further difficulties.

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Do Wageday Advance have your debit card details ? (I bet they have) - when they get to know the DD has been cancelled they will simply use your card details to take payment - you need to advise the bank in writing that you withdraw consent for them to use your card. I would be tempted to leave the DD cancelled, after all they took a sum you hadn't agreed and didn't respond to your request for a payment arrangement.

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.

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I agree with Ellen. You told WDA. it is not your fault they didn't reply. In fact they may have done that deliberately. In my personal experience they kept setting the DD up until i told them not to.

Any opinion I give is from personal experience .

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Well here is a update

 

I recieved funds back from WDA from the bank no problem,Found a email from WDA stating my account is gaining daily interest,I kindly emailed them back and told them I wouldnt be accepting this due to them ignoring my intention of setting up a repayment plan,Still awaiting a reply from them.

 

More concerning was Nationwide and my paydayuk loan of £545 I filled my Visa dispute and sent them the email I receieved from paydayuk accepting my repayment plan etc To which I recieved the response from Nationwide that they have contacted the Lender and are now waiting for a copy of their mandate which they have up to 30 days to respond

Now when I originally spoke with Nationwide when this happened I was told to contact them back once it shows on my statement and in some cases such as fraud the money will be returned straight away pending investigation,Obviously my case didnt fall into that category...I told them to cancel my dispute as I dont feel I will get anywhere and waiting 30 days seems like a total joke to be honest.

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