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Hi

 

18 months ago I borrowed £200 from Getapaydayloanfast (ONESYS), but before I could repay it, I took advice from a Debt Management Company and decided to enter into a DMP.

 

I had about £20K of debt and told ONESYS my position immediately. I set up the plan and all creditors accepted it, apart from ONESYS. They took my payments from the DMP and continued to add interest and charges, until the outstanding amount reached well over £2000!

 

They took me to court, stating that they had email, called and written to me (a lie as they had only emailed me) and that they had received no payments. I contested it, and showed the payments from the DMP and stated that the charges were excessive, but the court naturally sided with ONESYS. They are now looking to get a judgement (no doubt so they can sell on the debt) and I have offered a one off payment of £250 or £20 pm. They did not accept this and want either £650 or £100pm for 28 months! Remember I only borrowed £200.

 

I cannot afford this but do not want a CCJ, can anyone help? I don't know how people work for companies like this, or how we allow them to act this way with the protection of the law!

 

I hope someone can help.

 

Charlie

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WHo is the DMP? It doesnt sound like they have done their job right at all.

 

court naturally sided with ONESYS.

 

The courts dont side with anyone. They take all evidence into account and make a decision based on that. This may sound harsh, but 90% of people that try to defend themselves do a very poor job of it, and the claimant gets the judgement. Also, regarding repayments not a CCJ is in place, ignore the PDL. Contact the court and send in a comprehensive I&E. Payments are only made according to Your financial circusmtances not a random amount the claimant decides. The problem you have now is you didnt do a good job of defending yourself so they have a CCJ for the amount they claimed.

 

Hold tight for a few and someone else can give their input.

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..

 

 

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You say that they took you to court and the court sided with them.. Later you say they are now "Looking to get a Judgement".

 

If they took you to court and won then they already have a judgement.

 

Do you mean that they are wanting to enforce the judgement?

 

I think you should file an N245 at the court together with an Income and Expenditure Account so that the level of repayment can be set by the court.

 

Was the Judge's decision that you pay "forthwith"?

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I entered a defence which was rejected, but (unless I am mistaken) a judgement is not in force at the moment. ONESYS will go back to the court shortly. They confirmed this when they said only £100pm would stop court action.

 

I haven't been asked to complete an I&E, wouldn't I have had to do this before a CCJ was granted?

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They have just contacted me and said that 'some charges have been duplicated, and the amount owed is now £900'! The amount filed with the court was over £2000, so would they have to start the process again?

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They could amend the claim, but you need to make sure that the court knows what is going on. How did they contact you? It must be in writing, as a phone call cannot be used as evidence unless it is recorded in full.

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..

 

 

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They emailed me, but it isn't anything official. They haven't explained what charges were duplicated or how the new figure is calculated.

 

When they gave the new figure, they didn't then give me a revised acceptable figure to repay. Is it worth me checking to make sure they have the right CCA papers? So far they have been very amateur and it's like dealing with a loan shark!

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There seems to be some confusion here and you need to find out whether a judgement has been entered or not.

 

I would be inclined to phone the court and find out what is what.

 

When was this court hearing you refer to?

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It isn't clear at all, so I will call the court tomorrow.

 

Thanks for the advice and I will update on here once I have had it confirmed.

 

I appreciate everyone's help.

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When you submitted your defence to the court, what did you say ?

 

Have you received notice from the court to say that Judgment has been awarded to the opposition.

 

Did they give you any reason for rejecting your defence.

 

If you could tell us exactly what happened from the time you received the claim till the time you submitted your defence, then we will be better placed to understand what has gone on.

 

Did you actually send your defence to the court or did you send it to the claimant ?

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I am fighting them in Court at the moment.

 

check the loan period in my case they tried to bring forward the payment date forward by 9 days therefore the APR is wrong, therefore they breached the contract.

 

I suggest that you send a revised Defence that you believe that you are being overcharged and that the Claimant has admitted this and attach the email or note of the call saying it should be £900.

 

DONT TAKE CALLS FROM THEM ALWAYS HAVE A PAPER TRAIL.

 

GOOD LUCK

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  • 6 months later...

Can someone please update what happened in their fight against ONESYS as we are being threatened with court at the moment and the outstanding balance is currently 6 x bigger than the original loan repayment was.

 

Much appreciated, thanks.

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Can someone please update what happened in their fight against ONESYS as we are being threatened with court at the moment and the outstanding balance is currently 6 x bigger than the original loan repayment was.

 

Much appreciated, thanks.

 

Can you create a new thread and provide as much info as possible? With PDL's they threaten everything, but normally if the debt is full of bogus charges/interest, they prefer to simply sell it on.

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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It;s doubtful those posters will ever come back, but lets hope they do :)

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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