WDA Taking me to court - Urgent advice needed.

[EvoZ]

Hello. I just want to say,

I don't dispute my loan with WDA

(well kinda, they did give me a loan when I couldn't afford to pay it back).

I know I owe them money,

I just disbute how much I owe them.

 

I took out a loan with WDA for £385 (with interest total owed was £518) last year,

I was unable to pay it back and was put on a payment plan.

 

 

In the summer this year I could no longer stick with the payment plan and WDA refused me another payment plan.

 

 

Since july this year I have not made any payments to them.

 

 

while I was on a payment plan they froze my interest.

 

 

My balance was £350 at this point.

 

 

Last month I got emails from ardent DCA asking me to pay up, they are asking me for £515.

 

 

I have told them my balance was £350 but they are telling me WDA has added £165 interest for no payment since 31/05/13.

 

 

They claim to have put a *Daily Interest applied £2.75 charge onto the balance but that doesn't even add up to £165.

 

 

Also on the statement of account letter that WDA provided me with last month it says

"Default Date: 29/06/2012"

so how can they default me and then add interest?

Or freeze my interest and then re-add interest?

 

Ardent DCA told me they will accept £360 in Full and final settlement of this account,

if I don't pay and want a payment plan split into 3 months it will be on £515.

How is that legal?

 

 

I refused and today I got a letter from moon beevers solicitors, please advise me guys;

 

14 november 2013

Ref;xxxx

 

Re; wage day advance

 

We act for the above named, having been instructed by its collection agents.

Debt & revenue services, whom we understand attempted to contact you regarding the det you owe wage day advance in the sum of £515.

 

You will appreciate that you are contracually bound to make payment and our client cannot continue to tolerate non-payment of that which is due.

If you are experiencing genuine financial difficulty, then we urge you to contact debt and revenue services to explain your circumstances

and agree to a payment plan which you are able to manage and maintain.

 

 

In the absence of such contact by you and/or payment in full within 14 days of the date of this letter,

then it is our clients current intention to issue county court proceedings against you for the sum of £515

in addition to legal costs and any interest due.

 

 

Such proceedings will be issued out of northampton county court and served upon you by post.

 

If proceedings are issued and you fail to sere a legitimate defence our client will request the court to enter a judgment against you in its favour.

If any judgment so awarded remains unpaid it will be subject of enforcement action without further notice.

 

For the avoidance of doubt and so that you are fully aware of our clients intentions,

we feel it only fair to inform you that out clients preferred methid of enforcement in your case is to apply to the court for an attachment of earnings order.

This means the court will be requested to order your employer to decuct monies from your wages in payment of your debt and legal costs etc, subject to a protected earning rate.

 

This matter has now reached critical stage, but not to late to resolve the matter.

Contact debt and revenue service.

 

Yours faithfully,

 

xx

[dx100uk]

doesn't say WILL anywhere

 

 

std threat-o-gram.

 

 

I suggest you red a few threads here and set up a regular payment to WDA via your banks webportal site.

 

 

 

 

dx

[EvoZ]

doesn't say WILL anywhere

std threat-o-gram.

I suggest you red a few threads here and set up a regular payment to WDA via your banks webportal site.

dx

 

I am not new to this,

 

 

I have dealt with alot of payday loan companies and owned them all.

 

 

This is different though,

this is a solicitor firm called moon beevers contacting me.

 

 

There is nothing standard about this threat,

they will take legal action against me after 28th nov.

 

 

As I said, there are 2 issues.

 

 

One being they are not setting up a payment plan with me and

second, they are adding £165 interest to that balance which I refute.

 

"In the absence of such contact by you and/or payment in full within 14 days of the date of this letter,

then it is our clients current intention to issue county court proceedings against you

for the sum of £515 in addition to legal costs and any interest due".

[renegadeimp]

Really?

 

 

Where did the CLIENT say that?

 

 

You are responding to a threat o gram from a DCA that has no rights and is only acting on behalf of the Creditor.

Ignore them.

 

Get WDA's bank details,

and start paying them what you can afford,

and pay it regularly.

 

 

If they were stupid enough to go to court,

you can tell the court that the claim is pointless as you have shown your payment proposal,

you have shown your I&E, and you are paying the debt off according to both.

 

 

Therefore, there is no need to continue the claim.

 

 

Heck, it would be lucky if WDA even got it past mediation.

[Ell-enn]

I'm afraid I don't agree that you should ignore them.

 

 

I think you should write to them (by recorded post) stating that you were happy to agree to a reasonable payment plan but WDA refused.

 

 

Tell them what you can afford to pay and that if they continue with the issuing of a court claim you will defend vigorously

and report to the court that WDA have refused your payment plan and added unlawful fees and interest.

See what they say to that.

 

If you need help with a letter please let me know.

[EvoZ]

Really? Where did the CLIENT say that? You are responding to a threat o gram from a DCA that has no rights and is only acting on behalf of the Creditor. Ignore them.

 

Get WDA's bank details, and start paying them what you can afford, and pay it regularly. If they were stupid enough to go to court, you can tell the court that the claim is pointless as you have shown your payment proposal, you have shown your I&E, and you are paying the debt off according to both. Therefore, there is no need to continue the claim. Heck, it would be lucky if WDA even got it past mediation.

 

But the threat is not from a DCA, it is from an actual solicitors firm.

 

Are DCA's not allowed to instruct solicitors to take me to court on behalf of their client?

 

WDA are refusing to talk to me anymore,

they are telling me I need to talk to the DCA as the account is with them.

 

 

The DCA has never asked for a payment proposal and asked me to fill in a IE.

 

 

They have just demanded a payment of £515 or split into 3 months, or £360 to clear off the full debt. Non of which I can do.

[EvoZ]

I'm afraid I don't agree that you should ignore them. I think you should write to them (by recorded post) stating that you were happy to agree to a reasonable payment plan but WDA refused. Tell them what you can afford to pay and that if they continue with the issuing of a court claim you will defend vigorously and report to the court that WDA have refused your payment plan and added unlawful fees and interest. See what they say to that.

 

If you need help with a letter please let me know.

 

Thanks.

Send a letter to who?

 

 

The DCA or solicitors firm?

 

 

WDA refused me a new payment plan after my old one finished in july.

 

 

Even though I had made all my payments on that payment plan.

 

 

This DCA is refusing any payment plan and is telling me my balance is £165 more then it should be.

 

 

This solicitor firm is telling me to contact the DCA and to stop it going to court to arrange a payment plan by 28th nov

however I have emailed the DCA 2 days ago and no reply.

 

I can show you previous emails sent to DCA and replies,

I have stated that I will fight it in court and the DCA told me that "we will see you in court".

It seems like they are prepared to go to court.

[renegadeimp]

The DCA cant instruct a solicitor unless they own the debt.

It has to be the OC's solicitor unless it is written into the DCA@s contract that they can do whatever they want to get the money back.

 

 

But this has the knock on effect of bringing the OC into disrepute.

 

regarding court,

if you keep psuhing for a repayment plan and you can show that they have ignored you every step of the way,

the judge isnt going to be very happy with them at all, as it is in effect, wasting the courts time.

[EvoZ]

The DCA cant instruct a solicitor unless they own the debt. It has to be the OC's solicitor unless it is written into the DCA@s contract that they can do whatever they want to get the money back. But this has the knock on effect of bringing the OC into disrepute.

 

regarding court, if you keep psuhing for a repayment plan and you can show that they have ignored you every step of the way, the judge isnt going to be very happy with them at all, as it is in effect, wasting the courts time.

 

Okay, well I got a reply from the DCA just now;

 

Hi,

In order for us to consider your offer please fill out the form attached showing this amount is the maximum you can pay.

We would also require proof of income and outgoings.

Best regards

 

They want proof of income and outgoings, that is something I will never provide cause that means they want my payslip

(which has my new address on it) and my bank statement.

Neither of which I will ever disclose to a DCA.

 

 

Normally I would just tell them to do one like I have done with so many other DCA's,

however what do you guys think I should do? J

 

 

ust fill in the IE form and send it back?

 

 

If it did get to court, would that be sufficient to show that I tried to come up with a payment plan by filling in a IE form

and that it was unreasonable for them to ask for proof?

[fletch70]

If I could interject on this one having had lots and lots of dealings with WDA

 

If you notice the letter from the solicitor says "current intention" that is a perfect cop out . If the "decide" not to proceed you can not report them for making false claims, all they will do is to say they reviewed the case.

 

If you have proof that you tried to renegotiate a payment plan then I would do a couple of things

1) Write to the solicitors saying you have tried to negotiate and they failed to respond and should they issue proceedings you will offer the same payment as before but contest the extra charges

2) Make a formal complaint to WDA about their attitude and lack of forbearance. Use some examples from these documents attached.

 

[ATTACH=CONFIG]47833[/ATTACH][ATTACH=CONFIG]47834[/ATTACH]

 

 

If you have already made a formal complaint and had a final response then take it to the BCCA and the Fos.

That should get them wriggling although they will try and fob you off, bluster, sell your debt on etc etc.

 

 

Section 2.2 of the OFT guidelines is quite a good start. 3.1, 3.3 and 3.5 might also be of some use

[fletch70]

Oh in addition if you are talking about Arden based in Solihull they are pretty inefficient bunch of bankers (sorry for the typo)

[EvoZ]

If I could interject on this one having had lots and lots of dealings with WDA

 

If you notice the letter from the solicitor says "current intention" that is a perfect cop out . If the "decide" not to proceed you can not report them for making false claims, all they will do is to say they reviewed the case.

 

If you have proof that you tried to renegotiate a payment plan then I would do a couple of things

1) Write to the solicitors saying you have tried to negotiate and they failed to respond and should they issue proceedings you will offer the same payment as before but contest the extra charges

2) Make a formal complaint to WDA about their attitude and lack of forbearance. Use some examples from these documents attached.

 

[ATTACH=CONFIG]47833[/ATTACH][ATTACH=CONFIG]47834[/ATTACH]

 

 

If you have already made a formal complaint and had a final response then take it to the BCCA and the Fos.

That should get them wriggling although they will try and fob you off, bluster, sell your debt on etc etc.

 

 

Section 2.2 of the OFT guidelines is quite a good start. 3.1, 3.3 and 3.5 might also be of some use

 

I noticed that aswell. "current intention". It says their clients "current intention" is so and so. However, who is their client? "We act for the above named, having been instructed by its collection agents. Debt & revenue services" Debt and revenue services are a 3rd party, is a 3rd party privy to my contract and are they privy to take legal action against me? I find that hard to believe.

 

I have emails from WDA who refused to set up a new payment plan cause they did not believe the fact I had a paycut as being a reasonable reason for a new payment plan, cause according to them. I was still doing the same hours, so therefore it doesn't matter even though I am now getting 25% less wages.

 

I have emails from the DCA who have never offered me anything other than full and final offers. I did get an email from them today stating that I need to fill in a IE form and send it back with proof, I am not gonna show any proof and a IE form is not compulsary.

 

Should I email WDA and tell them that the DCA is not giving me a payment plan and that they have instructed a solicitor to take legal action when they are not privy to the contract?

 

And should I email the solicitor and state that the DCA is being unreasonable when I already had a payment plan with WDA which I which to resume minus the extra charges?

[EvoZ]

Oh in addition if you are talking about Arden based in Solihull they are pretty inefficient bunch of bankers (sorry for the typo)

 

I don't think so.

 

Ardent Credit Services Ltd (formerly Commercial Credit Management Ltd)

Moorgate Point | Moorgate Road | Liverpool | L33 7XW

[fletch70]

Debt and revenue services is a trading style of Ardent

 

Have WDA sold the debt, I am guessing not.

 

I would start of with a letter to WDA headed in big capital letters

Formal Complaint

List everything in your complaint including the conduct of Ardent as they are classed as responsible for their conduct

 

I would then copy this in to both the solicitors and Ardent

I.e

 

Without really knowing what exactly you have siad to them or what info you have given them it is difficult to asses any more.

 

Have you shown them proof of a pay cut?

please find enclosed a copy of my formal complaint to WDA , you will notice that I am citing your conduct as well . Should proceedings be issued i will bring this matter to the attention of the court

[EvoZ]

Debt and revenue services is a trading style of Ardent

 

Have WDA sold the debt, I am guessing not.

 

I would start of with a letter to WDA headed in big capital letters

Formal Complaint

List everything in your complaint including the conduct of Ardent as they are classed as responsible for their conduct

 

I would then copy this in to both the solicitors and Ardent

I.e

 

Without really knowing what exactly you have siad to them or what info you have given them it is difficult to asses any more.

 

Have you shown them proof of a pay cut?

please find enclosed a copy of my formal complaint to WDA , you will notice that I am citing your conduct as well . Should proceedings be issued i will bring this matter to the attention of the court

 

You're right. "Debt & Revenue Services ("DRS") is a division of Ardent Credit Services Ltd ."

 

But they are not in solihull.

 

I don't think WDA has sold the debt cause it says their name all over the place and "on behalf of WDA".

 

I have not given them anything. Ardent is now asking me to fill in a IE form though, and asking for proof. Which I am not gonna do. WDA never asked me for proof of my paycut, they just said it is not a good enough reason for another payment plan.

[EvoZ]

This was an email from WDA in september when I told them I got a paycut;

 

Collection​s ([email protected])

9/17/13

 

 

To: xxxx

 

 

 

 

Dear xxx

Many thanks for your email, as your contracted hours have not changed since when you obtained the loan and you are not working over time which has caused the change we would be unable to look in to an arrangement for you.

Regards

[renegadeimp]

You are falling into their trap. They dont get to decide a repayment plan. your financial circumstances do. If you can only afford a fiver a month, and can show that through an I&E, then tough luck to them. Thats all they get. Only an incompetent judge would award otherwise.

[fletch70]

Get that formal complaint in. Talk about the added charges and let it run its course.

One complaint and the ball is in their court.

[EvoZ]

You are falling into their trap. They dont get to decide a repayment plan. your financial circumstances do. If you can only afford a fiver a month, and can show that through an I&E, then tough luck to them. Thats all they get. Only an incompetent judge would award otherwise.

 

Yep I know, so what if they say they won't accept IE without proof?

[EvoZ]

Get that formal complaint in. Talk about the added charges and let it run its course.

One complaint and the ball is in their court.

 

Complain to WDA? Okay, I will go through their complaint system and shoot off an email later tonight.

[renegadeimp]

They are NOT entitled to a bank statement or payslips for a Payday loan. Even if a judge ordered you to produce them, they wouldnt get to see it. Only the judge would in order to make a determination on what you should pay.

 

WDA know this very well, but as with all PDL's, they think they can do whatever they want and think if they ignore you long enough, you'll give in.

 

Remember, they have tens of thousands of customers. This is probably a normal company practice, and even if they only get 10% to fall for it, imagine how much money they could make from it.

 

Very few people actually know their rights regarding credit and finance. Especially so with the people that resort to taking out payday loans.

[fletch70]

In many ways i agree renegade but sometimes playing a little bit of ball can help your cause. When i lost my job i sent them a copy of parts of the letter along with a benefits entitlement. That still refused to budge and that made up part of my complaint.

So for example if you have a letter saying your hourly rate or salary is being cut you can edit out the bits you don't want them to see and send that.

So if for example the letter says your hourly rate is being cut by x

[EvoZ]

They are NOT entitled to a bank statement or payslips for a Payday loan. Even if a judge ordered you to produce them, they wouldnt get to see it. Only the judge would in order to make a determination on what you should pay.

 

WDA know this very well, but as with all PDL's, they think they can do whatever they want and think if they ignore you long enough, you'll give in.

 

Remember, they have tens of thousands of customers. This is probably a normal company practice, and even if they only get 10% to fall for it, imagine how much money they could make from it.

 

Very few people actually know their rights regarding credit and finance. Especially so with the people that resort to taking out payday loans.

 

WDA is not the one asking, it's the DCA.

 

I supplied WDA with a IE in 2012, which they accepted without any proof. This DCA ardent is either very stupid and is gonna take me to court or they are bluffing. Either way, I am pretty retarded myself, so they got their hands full.

 

So what should I do with this DCA? Fill in their IE form or send my own IE form?

[fletch70]

In many ways i agree renegade but sometimes playing a little bit of ball can help your cause. When i lost my job i sent them a copy of parts of the letter along with a benefits entitlement. That still refused to budge and that made up part of my complaint.

So for example if you have a letter saying your hourly rate or salary is being cut you can edit out the bits you don't want them to see and send that.

So if for example the letter says your hourly rate is being cut by x% from 10 to 8 per hour delete the 10 and 8 and send the letter.

[fletch70]

Don't send the i&e. Do the complaint to wda and then copy in ardent. In the letter tell them what your offer is.