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    • Hi all   I will dive straight into my scenario.    I have a personal Barclaycard credit card that I defaulted on in first half of 2015.  This debt has been bought out by Hoist in 2019.  I have not made payments since the first half of 2015 to the account. I am pretty sure I have not acknowledged the debt to the DCA that occasionally contacted me since then The six year anniversary of the default will arrive in the first half of 2021. I recently received a 'Letter of Claim' from Howard Cohen Solicitors informing me of Hoists intention to issues proceedings in the County Court for the outstanding amount. The letter states I have 30 days in which to reply.  The letter states that it is written in accordance with the Pre-action Protocol for Debt claims. They have provided a brief summary of the outstanding debt but not the original signed agreement.  My feeling is that the pressure is being ramped up because of the upcoming six year anniversary of the default.   I am not sure whether I should; A). Ignore the letter (if so what are the consequences). B). Stall for a little more time until the six year anniversary of the default arrives, and whether engaging with them too has its own set of consequences. C). Pay too much attention to the six year anniversary of the default  - as I am not sure if a debt becomes automatically statute barred after six years in which I have not acknowledged that debt.    Like many, I have been hit by Covid economically.  I have not worked most of this year.  I am operating at substantial loss with funds fast drying up. The work position doesn't seem to be changing any time soon. I am not claiming benefits or anything.   Any suggestions for plan of action would be gratefully received.   Thank you   Arthur M.                        
    • Hi Manxman, Yes, the contract was signed on-line and I'm relying on s31 of CCR.  I think what you are alluding to is the fact that if the contract started within the first 14days and if it was commenced with the expressed consent of the consumer (on a durable medium such as letter or email not phone call or webforms), then the consumer has to be pay for the portion of the services that was provided. Also, if the service has already been completed (which is not the case here as the service will be completed after 12months from the commencement of the tenancy which never commenced) then, full service fee is payable. In this case, no express consent was given - I have checked all my emails to them so they cannot charge for the portion of the services either i.e. arranging some viewings and finding a prospective tenant. In fact, I offered to pay for the reference check costs but they want it all. There was an implementing guidance on CCR2013 which categorically says that the regulation applies to letting agent's services - I have attached it here. At the end of the day, regulations are regulations and if anything, consumer is recognized as the weaker bargaining party as the contract was created by the business. Please google Robertson vs Swift - case prior to CCR 2013 came in where the supreme court ruled in favour of the consumer and went above and beyond what the regulation said at the time (although it derived some criticism).  bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance (1).pdf
    • No I didn't, in 2018 my laptop was unable to download open office.   I have attached the ci sheet from 2017, with all the charges listed up to then.   StatIntSheet v101 Charges V2.xls
    • According to MCOL,the claim was registered as issued on 23 November so that makes it 12 December by my reckoning-I wasn't sure if you counted the 14 days from the 5th day or the day after so I went for the latest possible date.
    • nickpatel - presumably you entered into this contract with the agent off-premises if you were thinking of possibly trying to use s31 of the CCR?   If that is the case then I was under the impression (although I may well be mistaken) that the 14 day cancellation right was lost in the case of a contract for services, if the provision of those services commenced within the 14 day period, which would make whether or not you were informed of the right a moot point as it would no longer apply(?).   In any case, I'm also a bit surprised that a situation could arise where the initial "cancellation period" of a contract for services could be extended to over 12 months.  It seems a bit extreme to me that the 14 day off-premises cancellation provisions would apply here.  But I may be wrong.   I tend to agree with BankFodder that you'd be on firmer ground arguing the amount of the fee claimed (for a full year) is unfair.  But I'm not sure you could get away with arguing that you owe nothing - even though there is no tenancy agreement.  The agent seems to have done what they agreed to do, but you decided to reject the prospective tenant on the grounds that they were not "transparent"(?) because they wanted to view the property for a third time.  I'm not sure a court would find that reasonable on your part and would probably consider that the agent deserves to be paid in some respect for their work in finding that prospective tenant.   I think I'd be trying to settle on a reasonable sum rather than arguing that there was no liability at all.
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Took my chances with Wonga - got 2012 debt written off **WON**


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So this is debt 3/8 ( god knows how I managed to get myself into so much trouble, young age and a need for a lavish life style has played havoc with my credit rating and now my finances )

 

There isn't really much to say on this one ... I got a loan from the infamous Wonga.com and due to being made jobless I was unable to pay it back on time. It then got passed onto Moorcroft who have accepted my offer of £5 pm with out much hassle from them.

 

Would I be able to send them a CCA request letter ? Or does this not work with payday loans ?

 

Thank You

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When was the loan taken out? Post 2007 (April) a tick in the box will count as your signature.

 

It's good that you are paying these back, but pay Wonga and not the monkeys. Also make sure you are only paying back what you really owe and what they say you owe.

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  • 1 year later...

Back in 2012 I took out a wonga loan for £510 as at the time it seemed like a smart thing to do, I was unable to pay it back which has meant I now owe Moorcroft debt recovery £765.97 on behalf of wonga.

 

I have been reading alot that wonga are writing of some loans and I am wondering how they decide on what loans to write off ? I have not heard from wonga or moorcroft in around 4/5 months and I know they say "Let sleeping dogs lie" but I am slowing working to clear a few of my debts and this is one of my major ones that I'd like to clear asap.

 

Any help/advice/wise words are welcome.

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Hi

Sorry you were missed.

 

Either yesterday or today Radio 4s You and Yours did a piece about this. Apparently Wonga will take much longer that originally estimated to contact everyone affected and that they would contact everyone by the end of October. As far as I am aware, the only way you will find out is if you get an email.

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I wrote to them and this was the important part of their reply:

 

"Thanks for your query.

We are pleased to confirm that you have not been affected by the affordability issues.

What do I need to do next?

If you are making payments on a Wonga loan, please continue to make your repayments as normal."

 

It's nice that they are pleased by this.

 

I took the loan after I lost my job (though I didn't tell wonga that!) Anyway I wonder if I should bother arguing or just continue giving them £1 per month which I have been for 18 months

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Its a bit crazy that can retroactively state wether or not you would have passed their affordability tests a few years ago. They didn't ask for bank statements or proof of income so it seems a bit like guesswork on their part. Credit reports would have changed, and payday companies didn't share as much information back then so they wouldn't know if you had other outstanding loans at that time. You could get a copy of your bank statement from that time and if it proves you couldn't have afforded the loan show it to Wonga and see what they say.

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  • 3 weeks later...

Back in 2012 I took out a £510 wonga loan, I failed to repay and this was passed onto a debt collection agency. After interest and charges I ended up owing the debt collection agency £735 I ignored this and buried my head in the sand.

 

Last week I took my chances and emailed wonga to see if I qualified to have my debt written off, I thought it would be a long shot and they would make me repay it.

 

I told them I did not have access to the email account I originally got the loan with but I could provide further details if they required.

They emailed me back asking for more details which I provided.

 

Today I received an email from Wonga saying my loan had been written off, they will contact the debt collection agency to have this corrected on my Credit report.

 

It is a pleasant surprise, especially as I was working out my finances to set up a repayment plan to them.

 

I would honestly suggest just sending them an email, don't wait for them to contact you! As I doubt they would have ever contacted me.

 

Good Luck :whoo:

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This is very good news indeed.. now please, stay away from Pay Day Loan companies !

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I intend too!! I'd rather sell a kidney ha ha

 

:lol: I don't think you need go that far, but please do look and see if there is a credit union in your area. I have popped a CU locater at the bottom of this post. If you save just a small sum each month, you will then be able to borrow small loans at much, much lower interest rates. This will help your repair your credit history as well.

 

http://www.findyourcreditunion.co.uk/home

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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