Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Hi I appealed online on 28/12/19. I have attached my submission as a further PDF   Thanks
    • I received £1500 from a friend and another £1000 another from their Revolut accounts, which are fine. I would be OK if Revolut just returned the money to them. Happy to provide proof of income and they are happy to do so, too.
    • POFA plays no part in limiting court costs.  costs recovery under the small claims track is very limited   2 cases heard together? 1st you've told us about this....        
    • Just a general comment - as I know nothing about legal procedures...   I agree with what I think BankFodder is suggesting - it really ought to be a straightforward question of a breach of contract.  You've paid for a service and the other party (or their sub-contractor) has failed to perform that service - safe delivery to the addressee.  It seems daft to me that the risk of non-delivery gets passed back to you because you've not paid for insurance against their failure to perform their responsibilities.  It's an inherently unfair* business model that has crept up by stealth, assisted by the growth of internet shopping.  Of course, a court may not agree...   I also agree with BF that you should be able to do some research yourself, and you should see this as an opportunity for self-directed learning as well as self-help!  You can always check back with BF, Andyorch and dx100uk that your understanding is correct.  You might get some ideas for final year dissertation - it's a bit of an academic problem with real-life commercial implications.   *Of course, in the absence of this business model, courier fees would go up, but I would argue that's a fairer way of spreading the risk of loss/damage etc   (PS - I was a law student a looooooooong time ago.  In your position I'd have tried my tutors as a sounding board as well.  I also thought SBU had it's own law clinic - although the advice is likely to be quite basic unless somebody sees this as an "interesting" problem)
    • Thanks EB, I will catchup on the mentioned thread as I had used it before the hearing.   I went for hearing. Rep approached mentioning settlement, talking about them having a strong case to which I pointed out their bundle which they were going through that it says Excel here so aren't you here for the wrong company.   They mentioned sister companies, I mentioned companies house and then I said let's leave it to the judge they went away from me. The rep went into a room presumably to call their firm Elms Legal I think probably for advice.   We ended up being the last hearing before lunch, as the Usher called out our names and said the judge will call you in shortly. The rep came over saying something like I'm surprised you're going in without submitting a WS!   I said it has been served they said well I haven't seen it, when was it sent, do you have copies as I could get the Usher to copy, I said I may,  rep - you either do or you don't Take care of yourself.I said well we will have to put this in front of the judge now.   Inside the rep said to the judge about my WS not being served and they asked me on multiple occasions for the WS I said 5 minutes before coming in is not multiple occasions. The judge said they had my WS along with an index of papers I had sent in that they have been looking at.   The rep started with their page contract and terms and conditions picture in their bundle saying they have a valid contract and that in the Tariff /T&C picture it mentioned about entering into a contract with VCS.   The judge asked me what I made of that I argued where is the contract giving them, a 3rd party, authority from Excel to issue proceedings in their own rights? The judge said to the rep, Defendant not accepting this so we are not getting anywhere rep raised WS issue again saying they asked on multiple occasions, again I repeated what 5 minutes before coming in. I said I had Cert of Posting.   The rep mentioned about being given a few minutes to read it and I said I had a copy but the judge was saying it's near lunch and it will take too much time even though the rep said there is still 35 minutes left.   I said the WS was served see COP but the judge said they may have lost it etc so to send it again. I said the rep could have a copy now but the rep was like I couldn't take pictures of it and send back to my client as they only get things from them via email.   I said you could post it but the judge said the rep is saying they can't use post for whatever reason so if I could send it again. Case adjourned.   The rep asked about costs and judge said reserved and I asked about my loss of earnings and that I would have to get leave booked again. Reserved seemed to be the answer but the judge was apologising about being the last morning hearing and said he would make sure we were first next time and the rep asked for an hour instead of 45 minutes so judge asked me and I said ok.   The rep asked about the reason for adjourning to give to their client as they would have had to pay them to attend. Outside at the ushers desk the rep had spoken to the Usher to make a copy from mine (didn't accept it Infront of the judge) and also asked to see the COP and I obliged saying I deem this served now but the rep said you have an order/instruction from the judge to send to VCS. I regret giving them a copy thinking I should have said you will have it once I send it again to VCS. Whilst inside, the judge said as the hearing never started it wouldn't be infront of him again and also the rep said it would probably be someone else as she also wasn't the person named in their WS. As per POFA my understanding is one cannot be made to pay costs more than in the NTK. As it will now be a 2nd hearing, 2 days off work for me and 2 representations for them, will there be double AL for me to claim if I win or double expenses if they win?   There was supposed to  be 2 cases heard together but I only had WS for this one am I supposed to have asked for another WS? Will they be claiming the fee/expenses for both cases with one hearing yet I could only claim for the 2 days AL?   What do you make of what happened at the hearing from their rep, maybe they realised it won't be straightforward especially when it was a judge they were not aware of perhaps they conferred with their team about ways to handle aswell as ways to escape? Thanks      
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1927 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi,

 

I have been a sporadic user of payday lenders, primarily WDA for about 6 years now.

 

Anyway, my latest borrowing was £750... a repayment of £937.50.

 

Now I won't trouble you with the usual sob stories, I accept ultimately this is my own fault but...

 

This level of repayment is too much for me, indeed it is >50% of my income.

 

In the first instance, I have contacted my bank.

They said "unusually", in their words, it is a Direct Debit set up, not a CPA, so I can (and have) cancelled it by myself...I simply can't afford to have that amount of money to come off in a given month.

 

Where I need help...what should I do next?

I intended to write to WDA, inform them I have cancelled, advise of change of circumstances (with budget sheet) and offer some sort of repayment plan?

 

Does this sound right?

Can I insist they do not attempt to use a CPA, add further interest, etc.?

 

Also, what is the lowest £ value or % of my available funds would they likely accept as a minimum?

 

I'm not looking to blame the Lender but my living costs have spiked due to higher work related expenses and childcare recently so I would really like to stop the rot.

 

Many thanks for your help! :oops:

Share this post


Link to post
Share on other sites

Get all transactions cancelled to them. They do and will use cpa if they have your card details.

 

You then need to work out how much you actually owe without all their bogus charges then work out a simple budget summary.

 

You can then offer them a repayment plan in writing and send the summary to prove your circumstances. They will likely decline but we can cross That bridge when we get to it.

 

The main thing is to secure your bank account


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

Share this post


Link to post
Share on other sites

Thanks renegadeimp,

 

How can I secure my bank account against a CPA if they haven't previously used one, or can I only shut the stable door after the horse has bolted?

 

I don't mind paying them the loan capital plus the interest I agreed to over a period of time but I certainly don't want to indulge 'fees'.

You mentioned a repayment plan being declined, is this their typical first response to angle for the full amount as a single payment?

Share this post


Link to post
Share on other sites

You secure it by writing a latter of instruction to them that states you want ALL transactions to them or their named merchants cancelled and any future transactions declined. Should they not follow your instructions you will seek legal advice as well as regulatory advice. Be aware that many banks completely ignore the law and say they will put a note on the account.

 

You dont want that. You want full written confirmation, signed and dated that states that no future transactions to that company or their merchant will happen.

 

With Repayment plans, PDL's are very reluctant to agree to one, and even when they do, they try and charge a bunch of unlawful/unenforceable charges to make even more profit off you. You need to be firm, stand your ground and leave them in no doubt that if they do not agree that you will take it further. Never take the soft approach with PDL's, to them, you are just a number, You need to play hardball with them. Every. Single. Time.

  • Confused 1

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

Share this post


Link to post
Share on other sites

As part of my proposal, should I state an intent to attempt to pay even if they refuse to accept my offer?

Share this post


Link to post
Share on other sites

They cannot refuse any payment towards an outstanding debt. So if they refuse to give their bank details and a reference number, youll have to use a postal order and deduct the cost of said postal order and stationary used to send it, from the total debt owed :)

 

But before we worry about that. Send the offer of repayment and the summary once you have secured your bank account. We can then see what their reply is.


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

Share this post


Link to post
Share on other sites

Letters sent to bank and WDA, let's see what happens!

Share this post


Link to post
Share on other sites

Got a text... "contact collections department...to avoid further action being taken". Not sure if I have a matching letter (away from home), instinct would tell me to avoid phone contact and keep everything written, would that be correct? They have obviously received my letter and I'm guessing are looking to bully me into some type of agreement/unfavourable repayment plan?

Share this post


Link to post
Share on other sites

Correct

No phone, no texts :)


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Share this post


Link to post
Share on other sites

Only deal with things in written format through your letterbox, unless you specifically gave them an email to contact you on.

 

Repayment plans are easily sorted, and if they refuse, then you can force them to accept payment. If they tried to take legal action, it could be seen as vexatious.


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

Share this post


Link to post
Share on other sites

So WDA have received my letter by now. No written response, just two missed calls ("sorry we missed you"). Also today a text saying "daily default" interest is being added to my account. I assume this isn't legitimate? Any suggestions on a next step... Should I write again and reiterate my intent to pay/proposed plan and insist account is frozen, or just wait until I'm in a position to make the first payment and contact them then? Cheers

Share this post


Link to post
Share on other sites

If they keep adding interest despite your complaint, then we can take it further.

 

Was your complaint headed as such? if so, they have 56 days to resolve the complaint or you can take further action. Be it regulatory or legal. In my opinion, even though i wish all PDL's would be shut down, you should give them ample time to resolve the complaint and also ensure you follow the regulations/law yourself. Let them make the slip up.

 

Dont make further contact with them yet if the above applies to you. Just make a log of all calls/emails/texts to you to back up your case.


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

Share this post


Link to post
Share on other sites
If they keep adding interest despite your complaint, then we can take it further.

 

Was your complaint headed as such? if so, they have 56 days to resolve the complaint or you can take further action. Be it regulatory or legal. In my opinion, even though i wish all PDL's would be shut down, you should give them ample time to resolve the complaint and also ensure you follow the regulations/law yourself. Let them make the slip up.

 

Dont make further contact with them yet if the above applies to you. Just make a log of all calls/emails/texts to you to back up your case.

It wasn't a complaint I sent, just notice I was in financial difficulties and a proposed payment plan.

Share this post


Link to post
Share on other sites

If they ignore you, then make sure you get a formal complaint in. YOU are in charge of repayments if you are in difficulty. NOT them.


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

Share this post


Link to post
Share on other sites

If you have details of the DD odds are you can get the account details

 

To be fair to WDA they easily accepted a payment plan from me and did not add any extra interest. Now maybe I am the only one who had no problems at that point I don't know. It was later when I wasn't working that I had problems.

 

So you have written to them and proposed a repayment plan and asked for their account details and ref No?

 

Maybe, just maybe , if they do catch you on the phone it is worth just saying " I have written to you and am awaiting a reply , I am not prepared to discuss this on the phone"

 

I would send a follow up email , with your proposals. I assume they have been emailing you ...make sure you use the same email address

 

One thing to add, after I had cancelled my DD they continued to re set it up until I told them in writing not to


Any opinion I give is from personal experience .

Share this post


Link to post
Share on other sites

Hi, just back looking for some more help. I have continued to receive emails and phone calls from WDA but no acknowledgement yet regarding my proposal re. a repayment plan. Can I attempt to force a repayment plan on them by making an s/o payments using their standardised details on this site (or any someone can provide)? I don't know whether I should formally complain re. their unresponsiveness pre- or post- payment. Thanks. I want to start making payments but i'm not entertaining the 'daily interest' they claim to be adding while all the while ignoring my clear letter.

Share this post


Link to post
Share on other sites

Yep to all. Ignore the silly daily interest.


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

Share this post


Link to post
Share on other sites

Has anyone used the bank details on the sticky on this site for WDA recently for a payment/ Standing order...are they correct? Thanks.

Share this post


Link to post
Share on other sites

Jamezon,

 

Sorry your getting grief from this company.

 

You've made a reasonable attempt to mediate, they've refused it. This is their problem not yours. rene suggested on 2nd June you put a formal complaint in? Have you? You must report this shower, the FCA have been sniffing around PDL's and Wage Day Advance are already under scrutiny for -

 

• communications with customers including telephone calls, SMS, online, written and any other form of interaction with customers,

• the collection of payments including the use of continuous payment authorities,

• the application of fees and charges,

• the management of accounts in arrears, including the provision of appropriate forebearance to customers in financial difficulties, and

• complaints handling

 

http://www.fca.org.uk/your-fca/documents/requirement-notices/wageday-advance-limited-vreq

 

Don't be bullied, start fighting back.

Share this post


Link to post
Share on other sites

Just an update...issued a formal complaint to their complaints address last week. They attempted to contact by phone regarding my 'correspondence'. I disregarded this as I'd specifically said "writing only" on my complain letter. Have promised to pay as per my offer on payday if I don't hear from them positively by then and ultimately complain to FOS if no response within 8 weeks.

Share this post


Link to post
Share on other sites
Just an update...issued a formal complaint to their complaints address last week. They attempted to contact by phone regarding my 'correspondence'. I disregarded this as I'd specifically said "writing only" on my complain letter. Have promised to pay as per my offer on payday if I don't hear from them positively by then and ultimately complain to FOS if no response within 8 weeks.

A further mini-update...following me disregarding their telephone calls, they shortly afterwards sent a standard complaint holding letter (investigating, will issue full response, etc.). Have made a first payment directly to their bank today as laid out in my complaint.

Share this post


Link to post
Share on other sites

Hi, back for some more help!

 

 

WDA have responded to my complaint saying they have partially upheld my complaint-

1) Yes, they will accept my payment offer, for 6 months, then to be reviewed and they require bank statements meantime

2) They are demanding proof of postage to justify not applying further interest

 

 

My thoughts...

1) It is not appropriate for them to request financial documents to establish I&E as is not a secured debt

2) Their claim is I sent the original letter to their 'old' address. This is patent nonsense as it was signed for and was their current address at the time.

I find this element completely unreasonable, even if I had sent this standard mail, surely that intent would be plenty for the Ombudsman?

How on earth can I predict companies' future addresses? ;) I may/may not have the tracking number but either way, this will only show a squiggle and will be of no 'proof' other than someone signed it.

 

 

Any advice on the key issues above please?

In reality if I were to do a full I&E, I think I could justify offering even less!

Share this post


Link to post
Share on other sites

P.S. The Skipton address (that I sent my original letter to) is the one on the original loan agreement.

Share this post


Link to post
Share on other sites

Hissing snakes! Having 'partially upheld' my complaint and accepting my payment plan (at frozen interest), wageday advance in their wisdom have sent through a default notice. Surely that isn't cricket if there's an agreement in place?

Share this post


Link to post
Share on other sites

I would say that it is perfectly legal and to be honest may be the best way of getting it stopped. 6years from now it will have vanished. Is the DN compliant btw


Any opinion I give is from personal experience .

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...