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HELP! WDA not helping, not accepting DMP now have letter giving me a week before action

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Hi

 

I have posted before but the threads got a bit mixed up and still no answer.

 

1. Have debt with WDA.

2. On a DMP with Payplan.

3. Took out loan whilst on DMP (stupid and desperate. Been accused of fraud by WDA but NOWHERE did it say that you could not apply if on DMP and they accepted my application).

4. Initially had a repayment plan of £50.00 but again was too much so added to DMP.

5. WDA refuse DMP.

6. Now have had email and letter today - 19.10.13 - saying that I have till 1.11.13 or actionn taken etc etc and a list of what will happen.

7. Debt was: £586.99, now £864.51 - according to the letter.

 

HELP please!!

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Time to get a formal complaint in. Theyre doing their usual tricks to get you to do what they want.

 

Also, can you post a copy of that letter? They are masters at clever wording.


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

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WDA are a pain in the butt and seem to refuse everything

I agree with Renegade, a formal complaint, I very much doubt you will get a satisfactory response. The are a member of the CSA http://www.csa-uk.com have a look at their guidelines and use the breaches in both WDA and the CSA guidelines to structure your complaint. You then can take it to the Fos.

 

Be warned, with me, as soon as WDA had sent a final response they sold it on to MMF who caused me loads of grief until WDA finally confirmed that I had escalated the complaint to the CSA

 

oops sorry looks like it is the BCCA they are a member of http://www.bcca.co.uk/ so look at that

Edited by fletch70

Any opinion I give is from personal experience .

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OK. Scanned letter and it went into PDF. How do I upload to here?

 

OK happy to make a complaint can you lead me through how to do it please.

 

I did once, about a year ago, email my MP and Stella Creasey who were great and my MP made Payday Express accept the DMP.

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For a complaint you need to put it in writing to their head office,

WageDayAdvance Ltd

Unit 7 Acorn Business Park

Keighley Road

Skipton

North Yorkshire

BD23 2UE

 

head the letter formal complaint

 

In it just express your concerns that the loan was x amount, that you were bullied into paying the sum of £50 by there allegations of fraud which you WILL be reporting to the OFT (if that is all true). That when you passed it over to payplan they sent I&E's and they are now receiving a prorata amount,

 

Then tell them what you want them to do i.e reduce the amount owed to loan+1 months interest -any money that has been paid (that is a bit of as the guidelines say 90 days interest but nothing ventured nothing gained) . Tell them that a gesture of good faith you are continuing payments during the complaints process although you are under no obligation to do.

 

What I did in the past was email it and post it with a free proof of posting.

 

If you are not confident in writing then I am sure someone will be able to help given the right info

 

P.S do not worry about the fraud allegation , Wonga were told off for exactly the same thing. Minicredit tried it with me as well


Any opinion I give is from personal experience .

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That's great. Thanks for that. Presumably I need to do a complaint letter to them first and then one to CSA & FOS?

 

What happened when they sold the debt on to MMF?

 

@renegadeimp asked me to post the letter. Any idea how to upload as it did it PDF.

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CLick go advanced.

 

Under the post click the box that says manage attachments.

 

Click select files then navigate to the one you want.

 

Click upload files

 

Select the one you uploaded and then click insert inline.

 

CLick done.


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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That's great. Thanks for that. Presumably I need to do a complaint letter to them first and then one to CSA & FOS?

 

What happened when they sold the debt on to MMF?

 

@renegadeimp asked me to post the letter. Any idea how to upload as it did it PDF.

 

Yes WDA first and then BCCA (see my post I made a mistake) and Fos

 

Lets not worry about MMF for now,lets just say they kept me busy with lies and constant phone calls


Any opinion I give is from personal experience .

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Date was: 18.10.13 - came today.

 

Yes have envelope. 2nd class, pre-printed stamp on envelope.

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Keep the envelope, the DN is defective and that may cause them problems if they ever went to try and get a judgement. They should allow 14 days from the date of service, it amazes me that even now these idiots can not get something so simple correct


Any opinion I give is from personal experience .

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Sorry DN=default notice.

 

I have reported it and asked admin to remove it, if you go into edit just remove the attachment . I hope you don't hate your name as much as I hate it, I use the 3 letter version instead


Any opinion I give is from personal experience .

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I want to see what wording they use. SPecifically what parts of it breach OFT guidance so we can send them a nice complaint to put the debt into deadlock and get the FOS involved, as well as a complaint through the BCCA.

 

It wouldnt be the wisest of moves for them to try and take "further action" whatever that is meant to be if you have your back covered.


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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Sadly renegade I think it is pretty standard DN however it is bad because of the dates and not allowing time for remedy

 

I would go on the additional charges and refusal to accept payplan. No doubt Swanleyboy was bullied into setting up an unaffordable payment plan, lets hope there are some records that can be used to show that


Any opinion I give is from personal experience .

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Maybe be. But id still like to see what they have said. Especially since they arent taking the debtors financial circumstances into consideration. Plus theyre threatening this, that and the other.


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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There we go. Hopefully no personal stuff now.

 

So you are clear - I did make an arrangement to pay £50 which I did for a few months but it was too much. I then decided to bite the bullet and all Payplan who then added them to my DMP - that I have had for 10 years.

 

Just need to know how/where to go from now.

 

Really appreciate the time and effort you are taking.

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Ok all is good now so have tidied the thread too. :-)


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You know my view, see what renegade says.

 

I haven't heard from WDA for a good while now


Any opinion I give is from personal experience .

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Just waiting for that letter to be posted, then ill write you up a nice letter to send them.

 

Edit: Gimme a few :)


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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At a glance, theyre saying they are adding on unenforceable charges. It also looks more like a story than an actual default notice :|

 

Also, why the hell are they talking about asking a court for more time to pay? Breach of OFT guidance right there for misleading information.

 

One other question. WOuld this default notice have been served if they didnt add on the charges and interest that accrued purely because they refuse to negotiate a repayment plan with you?


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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Renegade

I believe the line you are calling a breach of OFT guidelines is actually a line that needs to be included. It is on every DN that I have had and boy have I had a few. OFT1002 S6.2 I would upload the attachment but I can't.

 

6.2 The requirements are set out in the Consumer Credit (Enforcement,

Default and Termination Notices) Regulations 1983.49 In particular, the

default notice must indicate:50

• the nature of the alleged breach of the agreement

• the action needed to remedy the breach or to compensate the

creditor, and the date by which this must be done

• the consequences of failure to comply with the notice

• the action intended to be taken by the creditor in the event of noncompliance

• the procedures relating to the recovery of goods under a hirepurchase

or conditional sale agreement

• a statement indicating the debtor's right to apply to the court for a

time order, giving more time to repay the debt

• prescribed wording regarding sources of help or advice.

 

I am not sure that the charges for debt collection are unenforceable, all OFT664 Rev says on the matter is in 3.1 that they should not be inappropriate or unfair, obviously subjective but my opinion would be that £25 was neither unless of course you can tell me differently.

3.1 This chapter identifies matters that the OFT considers to be unfair or

improper business practices for the purposes of section 25(2A)(e) of

the Act. These are set out under the following sub-headings:

• Communication: businesses should communicate in a clear,

accurate and transparent manner

• False representation of authority and/or legal position:

businesses should accurately and truthfully represent their

authority/status and the correct legal position with regard to

debts and the debt recovery process

• Physical/psychological harassment: businesses should not

engage in physical or psychological harassment of debtors, or

relevant third parties

• Deceptive and/or unfair methods: businesses should be truthful

and fair in their dealings with debtors and others

• Charging for debt recovery: charges should not be levied

inappropriately or unfairly

• Debt collection visits: those visiting debtors must not act in a

threatening or unclear manner

• Statute barred debt: businesses should not use unfair methods

(including misrepresenting the legal position) if seeking to

recover statute barred debt

• Data accuracy: businesses should have appropriate processes in

place with a view to ensuring that customer data is accurate

and take reasonable steps to ensure that it is adequate, with a

view to only the actual debtor and valid debts being pursued for

repayment.

OFT664Rev

 

I still believe that the best course of action is using the fact they will not recognise payplan and the possible bullying to gain a repayment plan that was unaffordable and inappropriate considering the OP is paying under £200 on 60K of debt

Edited by fletch70
Adding OFT guidelines

Any opinion I give is from personal experience .

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It may be included but coupled with the rest of it, it is a breach. They state it BEFORE any consequences are noted, which is where the violation happens. They shoudlnt even mention asking courts for more time to pay if it hasnt gone anywhere near one or they havent even won the case.

 

We've seen a few PDL's use it and successfully challenged the DN a number of times. Each case is on its own merits though.


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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Well I have to say that if I were writing a DN and using the guidelines as shown above it would be included. I agree that some PDL's do indeed issue invalid DN's (minicredit being one) and this one is bad because of the dates . Have the successful challenges been on that particular point or generally non compliant DN's?

 

I really do not know how else to interpret the OFT guidelines

6.2 The requirements are set out in the Consumer Credit (Enforcement,

Default and Termination Notices) Regulations 1983.49 In particular, the

default notice must indicate:50

• the nature of the alleged breach of the agreement

• the action needed to remedy the breach or to compensate the

creditor, and the date by which this must be done

• the consequences of failure to comply with the notice

• the action intended to be taken by the creditor in the event of noncompliance

• the procedures relating to the recovery of goods under a hirepurchase

or conditional sale agreement

• a statement indicating the debtor's right to apply to the court for a

time order, giving more time to repay the debt

• prescribed wording regarding sources of help or advice.

 

http://www.legislation.gov.uk/uksi/1983/1561/schedule/2/crossheading/time-order/made

Edited by fletch70
Link to legislation

Any opinion I give is from personal experience .

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I saw that, but surely it should be " IF we are granted a judgement then you have the right to apply to the court for a time order".

 

The way they have worded it makes it sound like an order has already been granted against the debtor.


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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