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    • Andy this is old news, I am afraid you are going to have a look at the GDPR Higher procedure for recording defaults on arrears or arrangements.   I am afraid it is not so simple anymore. I am sorry but I am to busy to hold your hand through it, and I am told not to post legal explanation.   OP Sorry. Perhaps that call to the ombudsman will clear it up for you.
    • Given that the OPS initial post is with regards to DCAs and not original creditors...its fairly unlikely that you would have or could arrange an AP marker...arrangement to pay..... (not a D marker as you refer to Peter) as the agreement would have been terminated at assignment and already recorded as a D.   D represents ‘Default’, which is recorded once the lender believes that the credit agreement has broken down, usually due to a sustained period of arrears. A default is also a form of account closure, meaning that defaulted accounts will be removed from your Credit Report once six years pass from date of default. That being said in some cases, the account may only be marked as closed with a Satisfied (SF) marker when the outstanding balance has been paid. This will depend on the lender or the Credit Reference Agency that they have reported the account information to. Regardless of whether a default is recorded as open or closed, if a balance remains outstanding you can still be chased to repay this indefinitely. Defaults will severely damage your Credit Report. They will only stop harming your Credit Rating once they have been removed, six years from date of default. This is regardless of any subsequent payment made towards the defaulted account.   DA – Debt Assigned DA is used to show ‘Debt Assigned’. This marker is reported when an account has been sold to a debt collector. The original lender will then record the status of the account as Debt Assigned to reflect that the debt has been assigned to another company.
    • Contactless shoppers could actually have to key in their Pin more often to prevent fraud if the tap and pay limit is more than doubled to £100 in the Budget today. View the full article
    • organised criminal gangs pull all kinds of stunts......
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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Hi

 

Ive been in discussion with a payday loan lender about the charges they are adding to my account.

 

Originally the balance to payback was £405.

It is now over £700.

This is just interest and charges added on.

 

I had an email glitch months ago, meaning I have no copy of my contract, nor their terms and conditions.

I have asked many times for them to forward me a copy, but they refuse to do this point blank.

 

I have now sent a complaint to them, asking for this info, so

im hoping their complaints process will mean i get the contract and statement of account type thing showing when they have added interest or charges.

 

The reason for this post is really to see if there is anything else I can do to argue about the extortionate charges they keep adding.

 

thanks

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The charges are unlawful and unenforceable as they are all penalty charges. Regarding the interest, it all depends on what the contract says. If they refuse to give you the contract, you can use that against them, but you may well have to issue a SAR and specifically state you want a full copy of the original contract. They cannot refuse it this way.

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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Imp is right :), SAR them and then they have to reply.

 

However also send a £1 CCA Request... See if they have a contract for you.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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I asked which address I needed to send a SAR to, they replied providing me with my contract. I then asked if i could have a breakdown of all charges added, they have now done this too.

 

How do I challenge them about adding £308 extra charges, aside from the 300 loan and 105 initial interest payment.

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Ignore them for now, Pay what you actually owe, then deal with charges.

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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they have finally sent me all the documents I requested. After being told several times they wouldnt, as soon as I asked where to send my SAR, they sent me what I needed.

 

Interestingly, on the export showing my charges, they sent me an excel worksheet with 3 more sheets on. Payday Loans, Installment Loans and Collections Calculations. The graphs etc show they have a distinct plan to move entirely from payday loans to installment loans. Im guessing that is to avoid laws either in place, or about to be in place that are specific to Payday loans, not installment loans.

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they sent me the agreement via post, but the statement of my account showing charges etc via email. The email spreadhseet included this other info and graphs about payday loans etc.

 

I didnt take a close look at the agreement, except to see it wasnt signed by me, not sure if it mentions electronic signatures at all...

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A simple tick box counts as a signature now.

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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  • 1 month later...

Ok. So yesterday I received a notice from northompton county court. 1st stop have filed a claim there. i am registered with stepchange, who have been paying 1st stop. 1st stop keep sending me emails with phrases such as "you have not made any offer to pay by installments, or lodge a defence, we will notify the court within 7 days"

 

Now, this is despite me sending them dozens of emails explaining the situation, making a payment on my own before stepchange contacted them, and for a £300 debt, ive paid about £50, but in the court document it is still £751 + £^0 for court costs now.

 

I have a limited time to respond, can anyone offer me some advice please? It comes across as barking mad to continually say I havent contacted them, or made an effort to payback, when they are receiving payments...

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First, make sure you acknowledge the claim using the details on the claim form. Could you post the POC's please.

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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hi, do you mean particulars of the claim? if so, all that is written in that box is "1st stop payday loans ltd agreed to lend the defendant #300.00 on 27th august 2013. the defendant agreed to pay the short term loan back after 30 days. the defendant has failed to meet the repayment of the loan despite many attempts to resolve this." thats it.

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For a professional lender, those Poc's are pathetic. I think since you are in a nationally and legally recognised DMP, and payments are being made without fail, a CCJ is unlikely. Get that AOS in to MCOL, and ill get someone to advise on your defence.

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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" For a professional lender, those POC are pathetic."

 

Are there such institutions in PDL,s? :lol:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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Ha ha ha professional and payday don't go in the same sentence :-P

 

I'd like to see the outcome of this case... I personally don't think so CCJ will be issued but let's see

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Quite fko...thread moved to the appropriate forum.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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Its looking more and more likely that this pdl is a one man band. He doesn't even employ a solicitor. Even carter uses a better poc than that and his are vague at the best of times.

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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Seems that way ... The website is a little bit of a joke to be honest... Recently I did a test of the website and found a load of flaws

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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  • 4 weeks later...

Is there any update with this case, my wife had a loan with 1st Stop, we went into financial difficulty and consulted a debt management company who have been paying this PDL for over 12 months. They have been sending her emails threatening Court action for the last 3 months despite payments still going from our DMC to them. This appears to be a similar case and look forward to the outcome

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If they tried any type of court action when they are being paid by a DMP, then they would be very very foolish.

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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