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    • Driver entered car park run by CEL Ltd .Tried to purchase lozenges  at Pharmacy , saw it was busy so left . Time there approximately 5 minutes . Left to go to pick up some goods  a couple of miles away . I have a copy of a collection of goods note with an approximate time on it  Stayed a while to chat with client On return journey stopped  to try again . Bought lozenges and left . There were no restrictions on returning  ANPR cameras registered first entry and last exit  Was sent photos showing vehicle with 2 blown up with the times on them   Company refuses to divulge landlord or show contract ....said it was data protection ! Photo of a sign blown up .....could be anywhere ! Been to site itself . No signs at entrance . When entering from main road nothing ! Where there is parking a few signs visible depending on parking space . Large sign on an external wall which can only be seen when walking out or entering from side road on the left . After a number of letters  I received demands from ZZPS ....a “debt collector “. They gave up on that ! This incident took pace in February . Now a Letter Before Court requesting details of my salary and how I intend to pay the debt  The length of stay is 40 minutes . Tiny car park !   Do know why there are even limits . Length of stay maybe 15 minutes in total . It is madness The pack of lozenges cost £185 ! Am 72 years old with multiple health problems ! Cannot let these cowboys win . Feel as though I am being intimidated . Very stressful ! Any  advice please ?I have drafted  together bits from all over the place ! Need it to stop ASAP !
    • Hi    This is my draft WS, please do let me know of nay changes or additions required, thanks.    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF        INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There are 3 versions attached of the alleged Agreement and Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. They have attached 3 Agreements namely, ‘Original Agreement’, ‘Default Agreement’ and ‘Terms of your Capital One Credit Card Agreement’.  The Claimant has provided 3 sets of generic/reconstituted Agreement and Terms & conditions.     3. The Claimant in Para 4 also states ‘On or around 5thNovember 2012 the Defendant entered into a Credit Card Agreement,’ but Page 2 of JK1 has a date inserted 2/11/2012.  It has my name, address and a date inserted in the form but no mention of how the agreement was made, online, post or telephone, and furthermore not mentioned in the Claimant’s Witness Statement.     4. As a rule of thumb I always ensure that no 3rdparty is to contact me or to send me marketing information via telephone, post or electronically’, but Page 2 of JK1 has an unticked box, another indication that this is not an original agreement.    5. Page 5 of JK1 has too many typo mistakes in the heading as follows: TERMSOF YOUR CAPITALONE CREDITCARD AGREEMENT, furthermore there are no ‘full stop’ punctuations at the end of each sentence, this surely cannot be a document sent out by Capital One.     6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974.   8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.    9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.   I believe that the facts stated in this Witness Statement are true.    Signed:  Dated:
    • District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour.    Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December.    I have a few questions if possible to get an answer from anyone please.    The following directions apply to this claim: 1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.  My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about?    2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January?  Thanks!      
    • However having had a quick look at the consumer rights act, I see that it doesn't seem to apply if you have bought second-hand goods sold at a public auction and you had the opportunity of attending the same person – section 2 (5) Unless someone has some better ideas, I'm not sure what you can do.
    • I'm trying to understand your story because is not completely clear. You bought the car auction and you were aware at the time of the purchaser there was an ABS fault. Subsequently an ABS fault developed both this was a different fault and not of the type that have been flagged up at the auction. Is this correct? If you bought the car knowing that there was a particular ABS fault then I don't think you have any comeback. However if the fort which subsequently occurred is not the one which was flagged up at auction then you may be in a better position
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Hi all,

 

I have been trawling this forum and found loads of really helpful advice, so firstly I wanted to say thankyou!

 

Between 2009 and 2012 I was trapped in a never ending cycle of debt with PDUK. I was borrowing £400 per month, and paying back £525 every single month, for about 3 years. During this time I was also borrowing from quick quid and a couple of others, but not to the same extent- only a couple of loans from each, nothing on the same scale.

 

I honestly cant remember opening my account with PDUK- and I think the initial loan was for £100, but I know that after that I was never asked about my salalry or expenditure, I just clicked a link in an email and e-signed for another loan every month, often on the same day I had paid off the last loan.

 

During the time I was borrowing, I also had credit cards and an overdraft, defaults every where, lost my job and developed a gambling problem. None of this was ever noticed by PDUK, as they never asked for a bank statement.

 

Would I have grounds to claim back my interest? I defaulted on the last loan, and just ignored them and buried my head in the sand. I also lost my job, as I developed severe acute anxiety as a result of it all, which meant I had to move, so I didnt get any of their letters.

 

Do I need to do an SAR or can I just ask them for a statement?

 

Thanks in advance,

 

J

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Some of the payday loan companies have a loan history feature on their website, pounds 2 pocket for example and wonga, might be worth looking there first as a sar can take 40 days.

If you get the info on the loans you can email a complaint to them pointing out their lack of responsible lending as you were having to re loan the same day as paying back


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Hi, thanks for the replies.

 

I requested a statement yesterday, and they replied to say they hope to get back to me within 4 weeks... I know they're probably busy at the moment but that seems a bit extreme!

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You're lucky! I emailed them to ask for a statement and they thought I was laying a complaint and took 10 weeks to send me my statement!

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ive just waited over 8 weeks for a response to my complaint, only to get an email saying that they still havent come to any conclusion and to contact FOS if want too.

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Good evening,

 

Well, my SOA has arrived, and its not pretty... I'm stuggling to edit my personal details but once I have I'll post it here. In the mean time, the first loan was for £100 on 21/2/2008, the next was £150 on 17/3/2008. April was £190, May was £220, June was £250, July was £360, then it was £420 every month right the way up to March 2012.

 

Ive added it all up and the interest is a whopping £4700.

 

I am happy to conceed that the first few were affordable, and I could comfortably pay them back. However, as it goes further down the line, I was literally paying off one month, and having to borrow it straight back to pay my rent! Paying back £525 was about half of what i earnt.

 

What do you think my chances are? I know they might quibble about it being over 6 years,, but in my defence I havent lived in the uk for a coulpe of years, so i missed all the wonga drama as it happened. Will that be a good enough reason?

 

Thanks again, you lot are ace :-)

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Hi Jackster and thanks for the warm words.

 

Possibly, however, I would also suggest you get Bank statements too, they will help back up your claim.

 

PDL Redress typically comes from constant re-lending. So... How many times did it get rolled over and not re applied for?

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It was always paid on time, and then reloaned- purely because they got to my bank before my landlord did!

 

At the time I worked for mobile phone company, so got a decent discoount. Hence everyones contracts were in my name. If they had credit checked or asked for statements at any time, they would've seen about £250-£300 going straight out of my account for phone bills, so with their £525 I was left with £300ish a month to pay for the rest of my life- rent bills etc.

I ended up borrowing from a couple of other companies a few times when i really got into a mess. It was a nightmare- it makes me want to cry looking back at it now, I was so stupid.

I had had my bank account closed down, and defaults and dca chasing me for money owed to the bank and credit cards at the time of the first loan. I couldn't even pass the credit check for a mobile phone- my boss had to over-ride the declined decision! So I cant see how they possibly thought lending me £420 a month was going to end up...

I feel like I may have sent them a bank statement or wage slip right at the very begining, so they knew how much I earnt. I might be wrong though, because it may have just been an address proof they asked for. Its so long ago I can't remember!

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Granted, its tough picking up all this history. Have a fair read around, have a look at any PDL threads as there are a few that I have personally dealt with to help people out.

Organisation is the key here. At least they got a statement to you quickly.

 

Let me know if you need help looking through stuff and what to look for :)

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I have added the interest to £4700 in total. If I accept that all loans under £300 were probably fair, this leaves me with a figure of £4472.50, plus the 8% interest. I still owe them £339.

Does requesting £4464 seem appropriate to you? That pays back their original loan, and includes my interest.and accepts that the first 5 times I borrowed from them it was my own fault.

 

Or should i let them decide that?

 

I have already requested my bank statements- I dont have online access to that account so will have to wait for them unfortunately. I'll be happy to provide them to FOS if they need them though.

 

Thanks again- you're a star!

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Not quite that simple im afraid. The way to do this is complain, see what they say and youd need to negotiate with them.

If you sent a letter with a calculation similar to what you have gotten, then you will end up just being laughed at by the PDL firm, so you need to be more conservative.

 

Think about it like this. Is not like PPI... Its a different beast and its all because you are attempting to get them to show that they lent to you irresponsibly.

 

So lodge a complaint with them correctly and then say what you expect etc...

Trust me, if you do it through that manner, then you will get a better result.

 

Go find my threads with Football Player and Payday. We had great results with them .

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I'll head over and have a nosey. Thanks again, I will keep you posted!

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Well, 10 long weeks after I initially complained, I now have an FOS adjudicator assigned to my case.

 

PDUK largely ignored me after the statement, refusing my requests for an update, and after 8 weeks I had to send 3 emails and call twice before they would send me permission to escalate to the FOS. They kept pretending they had already sent it...

 

I am under no illusions- they will probably ignore the adjudicator and it will eventually go to an ombudsman, based on what I have read online. But at least the ball is rolling!

 

Based on PDUK's desire to protect its public image, and attract new customers, I have decided that I will now post a factually accurate review of their service and complaints procedure online, every single day, until my complaint is resolved. They say they welcome feedback, so it would be nice of me to give them some!

 

I will keep you posted from here, but I dont expect much to happen in the forseeable future!

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Update! I had a reply from my adjudicator. She tells me that PDUK have issued her with a final response. The only thing they have said is that part of the complaint shouldnt be considered, as it is outside the 6 year time limit.

My adjudicator has found in my favour for all loans from June 2010 onwards, which is good news!

I have given the matter some thought, and decided to contest the decision, for the following reasons:

 

*PDUK will very probably ignore the adjudicators decision, which means it will end up with an ombudsman any way. On that basis, Im not really delaying anything, so nothing to lose!

 

*I originally complained to PDUK in April. Its not my fault, nor is it my problem that they didnt bother to respond. If nothing else, I think the refund should start form the date of my original complaint to the company, not the point that they had ignored my for 8 weeks forcing me to take matters further.

 

* My loans were a continuous block of repaying/lending, month after month for 48 months, begining in 2008 end ending in 2012. I feel this should be seen as one decision rather than seperate loans. If there is a decision to refund, I think it should go back to the beginning of the pattern of borrowing rather than midway though.

 

*I didnt live in the UK for a few years- I have sent evidence of this with my last email- so I wasnt aware that a complaint was possible. Due to not being resident in the UK I would have no way of knowing what had happened with Wonga and their FCA action. I have complained as soon as I knew it was possible. I think this should make me an exception to the 6 year rule, as my complaint is well within 3 years of me being reasonably aware that there was a problem.

 

 

I have tried to be reasonable in my email, and have pointed out exactly where I feel things had gone irrepairably wrong. There is one bank statment that shows my salary of £1140, and pd loan payments of £1400. This was in late 2008, and was the 9th consecutive month of my borrowing from PDUK. My loans had tripled in size, and I was taking out a new oan within 4 days of repaying the old loan. I dont expect to be refunded right from the begining, but i feel that this would be a fair point for PDUK to have known there was an issue, and I feel the refund should start from here.

 

What do you think my chances of success will be?

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Hi Jackster

 

You havent been forgotten I promise you.

They look pretty good to be fair because the Ombudsman has already agreed with you. All you can do is see what PDUK offer and haggle for what you feel is acceptable. But I wouldnt look for anything less than 40% of what you though before.

This is YOUR Money once they give it to you as a refund. Put it towards something good :)

 

Maybe make a donation to the site? It would be appreciated! :)

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