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swanleyboy

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

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I have added a link that gives the prescribed wording . I agree it sounds a bit odd but there it is in black and white.


Any opinion I give is from personal experience .

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That actually does sound very strange. Why put that if no court order has been applied for?


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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I never said the law wasn't an ass but if we use it well we can hang the financial institutions out to dry


Any opinion I give is from personal experience .

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Hi renegadeimp,

 

Have you had a look at the letter yet? What do you think?

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Really appreciate all the help and conversations this is provoking but really need to know how to proceed. Once again, sincerest thanks for the effort and time.

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Hi Swanleyboy

 

Sorry if things got a bit sidetracked. In my opinion the way forward is to argue about any excess charges and also OFT guidelines about using 3rd parties

Can I ask a few saliant points

1. How much did you originally owe ( the amount that would have been needed to pay off the whole debt on the day it became due)

2.How much have you paid off either yourself or through payplan

3. How was the figure of £50 arrived at, did you make that as an initial offer or was that what they said they needed as a minimum

4. Did you ever send in an I&E . I assume that Payplan have done one for you which is how they settled on the figure you pay them

 

From that you can make a factual complaint that has validity and will de difficult for them to argue with (although knowing them , they will argue)


Any opinion I give is from personal experience .

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1. I borrowed £600 in May 2013. The repayment a month later was £777 that was due 24/5/2013.

2. Paid £200 off so far.

3. The £50 was offered by me and accepted.

4. I did not send them a I & E - Payplan did that.

 

I emailed them on:

23.9.13 - said I could not pay and would be tallking to DMP.

25.9.13 - the email below was sent to me via WDA.

 

 

I am also sending the original email that was sent by a Martin Perou.

 

 

"We have recently received a notification from Payplan which advises you have applied for a Debt Management Plan. Although we acknowledge receipt of this correspondence, we will not be accepting the terms of the Debt Management Plan, as we do not consider ourselves to be bound by its terms.

 

It appears that you entered the arrangement with Payplan on 27/11/2005; this is before you applied for funds with WageDayAdvance Ltd on 26/04/2013.

 

Within the loan agreement, which is legally binding and enforceable, amongst other conditions, you agreed that:

 

1. the information you have given is true and complete;

 

2. all sums owed under the loan agreement, including interest shall become due and payable immediately if, WageDayAdvance Ltd believes that you have provided false and information when you entered into the loan agreement; and

 

3. You would immediately inform us of circumstances relating to your ability to discharge your liabilities under the loan agreement.

 

At no stage during your application for the loan did you indicate that you were subject to a Debt Management Plan. Given the Debt Management Plan pre-dates the application for credit, we are concerned that you applied for a loan in the knowledge that (i) you had instructed a debt management company and (ii) you would not be able to make the repayments in accordance with your contractual obligations under the loan agreement. Providing false or misleading information in a credit application could amount to fraud on WageDayAdvance Ltd.

 

If, you have any further information that you would like to bring to our attention, or, if you have any other questions, please contact our Debt Management Department on 01756 707306 or e-mail collections@wagedayadvance.co.uk.

Yours sincerely

 

WageDayAdvance

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Ok, well I wouldn't worry about the fraud bit

 

I would send them something like this:

 

Formal Complaint

Dear Sir

Re Ac xxxxxx

 

Thank you for your email dated xxxxxx and your default notice dated 18/10/2012 the contents of which have been noted.

 

I applied for the loan in good faith with the belief that I would be able to repay it. As yourselves noted my DMP was started several years ago and my circumstances had changed since then.

As soon as I realised that I could not repay the debt in full I contacted you to make an arrangement . I am sorry to say that in my attempt to keep you happy I overextended myself.

As you can see from the up to date I&E that has been sent to you by payplan the actual reasonable amount I can pay is xx per month which has been worked out on a pro rata basis. If you feel unable to be part of the DMP I will pay that sum directly to yourselves on a regular monthly basis.

 

I originally borrowed £600 with a repayment of £777. I have already repaid £200 to yourselves which I believe leaves 577 to repay. Please explain and justify the additional charges as I believe them to be unlawful and unreasonable.

 

I would like to draw your attention to your own code of practice particularly the key commitments

 

Robust credit assessments

As responsible lenders, we will:

> Tell you that a payday or short-term loan should be used for short-term financial needs and is not

appropriate for long-term borrowing or if you are in financial difficulties.

> Check whether the loan is suitable for you, taking account of your circumstances.

> Make sure that all loan applications go through a sound, proper and appropriate affordability assessment

and credit vetting which includes your ability to repay your loan in a sustainable manner.

This assessmentmay look at a combination of:

– the amount of credit requested;

– your income;

– your age;

– how you have handled your financial affairs in the past;

– information from credit reference agencies;

– your personal circumstances and any changes in the future you have told us about;

– the results of credit assessment techniques: for example, credit scoring;

 

It is quite obvious that you have not followed these commitments.

 

I would also like to draw your attention to the OFT guidelines on debt collection. OFT664 (Rev)

There are too many breaches to list however refusing to deal with a third party and suggesting that I have committed a criminal offence are possible the two greatest.

 

As said before my offer of xx per month on the condition that you cease all charges and remove those already added leaving a balance of £577. I am happy to have this reviewed in 6 months

 

Please note that in order to facilitate communication I request that all dealings are done via Royal mail or similar postal service


Any opinion I give is from personal experience .

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Sorry I can not attached the guidelines but if you google OFT 664 (rev) you may wish to actually quote some of the points in there


Any opinion I give is from personal experience .

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That looks great. Guess not much to lose.

 

I am going to email my MP and also the MP where they are based. I have found in the past that this is highly effective. Annoyed - but not shocked - that this is the ONLY PDL that has gone this far and so quick.

 

How do i deal with the £200 extra fees that they have added in under a week?

 

Once again so appreciative of the time it has taken you.

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They tried it with me, added over £300 on the same day!

 

Have a read of the OFT guidelines, and if you can stick some more breaches in, for example the statement on the website that a DCA will add extra charges , there really are loads. As for the extra £200 well they can add all they like but you won't pay them. Remember as it stands they can not enforce as the Default notice is bad however they can fix that. Sadly I think they will register a default so your credit rating will be screwed although I suspect it already is, and while you have so much debt you would be silly to get more.

 

By the way I am not judging how you got into debt, with me it was basically a gambling addiction..now how stupid is that!


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With reference to the time orders discussed above and for info only

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406572-200-quid-oakham-loan-now-155-369.00!!!&p=4374788&viewfull=1#post4374788

 

 

You learn something new every day


Any opinion I give is from personal experience .

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Hi again. Ill write you a letter tomorrow evening. Only just spotted this thread again as for some reason, im not getting thread updates by email or in my tracker.


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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As you had seemed to disappear , I have already made a stab at one for the OP


Any opinion I give is from personal experience .

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Thats cool fletch. Ill add on to yours if I think of anything.


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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Just a quick update. I emailed the letter above - thanks Fletch - and sent a copy to their address also.

 

Here was the reply I received by email today.

 

 

"Dear Jonathan,

Thank you for your recent correspondence.

I can confirm that we are able to accept your Debt Management plan, and as a gesture of goodwill all interest and charges have been removed making your outstanding balance £548.07.

I will place your account on hold for 30 days awaiting a financial statement and offer of repayment from Payplan.

Regards

Rebecca"

 

Good news!!! Thank you to all!!!!!!!!!!!!!!

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Jon(athan)

That is great news , so I take it we have managed to knock a chunk off what they were claiming and get it included in your DMP.

 

That's what i call a result !

 

It seems you have achieved what you set out to achieve


Any opinion I give is from personal experience .

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Hey Jon,

 

Yes a fab result but thanks to you. For others looking I did add another page saying that I authorize the below to discuss my account - i put my local MP, the MP of where WDA is based, Carol Creasy, the Daily Mail money man and Payplan. I did not, ass of yet, email any of them but if there was no favorable response then I would have. My MP in Kent, in the past, has been amazing!

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I like that bit about authorising people to discuss your account. Really chuffed for you


Any opinion I give is from personal experience .

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I have huge issues with Payday Express some time ago and my MP sorted them out, made them accept the DMP and got a grovelling apology from the MD.

 

Shame we can't private message on here as would like a chat with you as it seems we have/are travelling a very similar road.

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I know , I was a very naughty boy. Got seduced by another website lol. I know what you mean about PDE , absolute bloody nightmare but not heard off them for a good while now


Any opinion I give is from personal experience .

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