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    • There were express terms of repayment of the capital plus interest over 60 monthly instalments.  However, you are saying the Default has no effect, so that when charged-off the interest did not have to be rescheduled?   P.S. It may be irrelevant, I don't know, but I can’t see an acceleration clause in the CCA allowing them  to ‘call in’ the entire amount of interest on the 5 year loan?  Copy of the Ts & Cs from my original CCA attached. Clause 2 (c) refers to interest being charged until settlement, but I’m not sure that is an acceleration clause.   If you have any thoughts on the above they would be greatly appreciated. 20191120102845876.pdf
    • Just to add, I completely agree with you that a contract to prevent her leaving the employment would be completely unenforceable. However she properly should realise that the situation may be referred to in any references provided to her for a future job. Who is the employer? Their approach to this problem – which of course has been of their own making, is frankly bullying and unacceptable.
    • Please follow the link and read on this forum about estoppel. If she has received the payment completely in good faith – meaning that not only did she accept the fact that the payment was made properly and with authority, but also she had no reason to suspect that there was an error, then she will be entitled to say that they were estopped from recovering the payment – assuming that she no longer had the money and she had not used it to improve her lifestyle beyond what was normal for her. From the sounds of it, she may not be entitled to rely upon the doctrine of estoppel. You say that she was working 20 hours and she received 30 hours – which is a very substantial overpayment. She would have to persuade a court that she really had no way of suspecting that the money she was receiving had been paid to her in error. The courts apply very high standards if people try to rely on the doctrine of estoppel by way of a defence. In terms of them refusing to allow her to leave, they have no right to do this. It's complete nonsense – although they may well decide to hang on to any payment which is owing to her including holiday pay et cetera and she would find it very difficult to deal with this.
    • Hello All,   A friend of mine started work for a care home around eleven months ago.   From the very start they over paid her and it has just come to light.   I do not know for sure if she was aware of the over-payment, (she is cunning enough to be aware and dizzy enough to not notice!, with apologies to feminist readers!!).   The company has now demanded she repay the over-payment.  I am not clear what the sums are but she was contracted for around 20 hours a week and was paid for thirty so I would estimate 40 hours x minimum wage x 11 months so something like £3500.  (Please don't comment that this was a huge number that she should have noticed, I already know!).   At first they told her she could not leave until she had paid it back, finally an arrangement was made that she will repay at the rate of £50 per month and must settle the balance if she leaves before she has paid it back and they have made her sign a contract to that effect.   I take the view that whether or not she has an obligation to pay it back there should not be any contract that in effect ties her to the place.  She should be free to give notice and work elsewhere, any repayment should be at a rate she can afford and if she has a better job offer she should be able to take it without having to wait to pay back the overpay.   I would be most grateful for any CAG'ers opinions and comments on this matter and what her rights and obligations are. 
    • Just a further update! So far no documentation for SAR request. I have also trawled back through an old BT email account I am still using , found email conversations between myself , HR and union rep. There is mention of my ongoing case with the company, correspondence with HR about coming back to site for follow up interviews and dealings with my rep up to the point I handed in my resignation which was Feb 2014. As far as I can see these conversations prove that I was on suspended leave pending investigation. Coupled with the fact the SAR if it ever appears will not have these email trails as I suspect my works email account was deleted a long time back.  In terms of the mediation I have already noted that I do not have all the relevant information so this will render any mediation useless which should proceed it to court.  For now I will keep these cards close to my chest and provide those documents at a later date. I feel confident that a judge will throw this out on the grounds of their lack of evidence in the first instance. 
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Hello

 

I have been posting on the general debt forum, but have been asked to post details on here too - any help would be massively appreciated:

 

 

MyJar - £800

Satsuma - £1000

Wageday Advance - £150

QuickQuid - £400

SafetyNet Credit - £250

Drafty - £280

 

The above are all PDL companies who I have borrowed from recently. Drafty is a RCF with a credit limit of £300 of which I am paying approx £18 per month. Satsuma is a monthly payment of £160 for 12 months commencing at the end of May, My Jar is meant to be paid at the end of April (first payment) of £230 for six months. SafetyNet expects the full amount at the end of this month, WDA is due in three separate instalments, as is QuickQuid.

 

Thank you so much

 

x

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You have Vodafone listed twice - once as being collected by Lowell @ £920.47 and the other listed as Vodafone @ £128.48 ??

 

Hi yes that is correct - there are two separate accounts

 

Many thanks

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HI Abbieno - Ive separated the thread for now and lets get to work with your PDL issues.

Put dates etc here of all your PDLs and how many you have had and ill work through it either today or tomorrow.

 

Hey good evening

 

I am so grateful, thank you for taking the time to help me.

 

I will collate all of the into a spreadsheet tomorrow morning and upload as a PDF

 

Thanks again

 

X

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HI Abbieno - Ive separated the thread for now and lets get to work with your PDL issues.

Put dates etc here of all your PDLs and how many you have had and ill work through it either today or tomorrow.

 

Hi, I've just been having a nosey on Provident's site and didn't realise that they own Vanquis bank as well - could this be another reason we can use the argument of irresponsible lending given that I owe money to Vanquis, which is on a DMP, or could it be that Satsuma wouldn't necessarily realise this when doing their checks?

 

Will post the info u requested tomorrow

Thanks again

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HI Abbieno - Ive separated the thread for now and lets get to work with your PDL issues.

Put dates etc here of all your PDLs and how many you have had and ill work through it either today or tomorrow.

 

Hi there

 

Thanks as always for the help!

 

I have uploaded all of the PDL info onto a spreadsheet and have saved it as a PDF document. It has gone onto two pages, but sits side by side, if that makes sense?

 

Thanks again

 

x

PDL info.pdf

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Out of curiosity, why would you think you have a claim for irresponsible lending? From looking at the loans you've had, it seems like you've taken a lot of loans in a very short space of time. You borrowed £1000 from Satsuma just 12 days ago and now you want to claim irresponsible lending?

 

On the 5th April you borrowed £800 from MyJar, then on the 8th April you borrowed £1000 from Satsuma and then on the 9th April you borrowed £150 from Wageday Advance, that's £1950 in 4 days and then 5 days ago you had £250 from SafetyNet Credit - I'm sorry but this is irresponsible borrowing, what on Earth are you doing with all of this money?!

 

Perhaps the only thing that may go in your favour is if you declared all of the outstanding loans at the time you applied and they still lent to you - were you honest on your application forms about your earnings and current loans?

 

I'm sorry it's not what you would want to hear, but personally I don't think you would have a claim at all here - what this looks like is you borrowing a lot of money and trying to get out of paying it back as now you've realised just how much is owed. Just my opinion and of course nothing personal here.

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Out of curiosity, why would you think you have a claim for irresponsible lending? From looking at the loans you've had, it seems like you've taken a lot of loans in a very short space of time. You borrowed £1000 from Satsuma just 12 days ago and now you want to claim irresponsible lending?

 

On the 5th April you borrowed £800 from MyJar, then on the 8th April you borrowed £1000 from Satsuma and then on the 9th April you borrowed £150 from Wageday Advance, that's £1950 in 4 days and then 5 days ago you had £250 from SafetyNet Credit - I'm sorry but this is irresponsible borrowing, what on Earth are you doing with all of this money?!

 

Perhaps the only thing that may go in your favour is if you declared all of the outstanding loans at the time you applied and they still lent to you - were you honest on your application forms about your earnings and current loans?

 

I'm sorry it's not what you would want to hear, but personally I don't think you would have a claim at all here - what this looks like is you borrowing a lot of money and trying to get out of paying it back as now you've realised just how much is owed. Just my opinion and of course nothing personal here.

 

Hi

 

Thank you for your post. In response to your apparent 'enquiry', I didn't approach this site on the basis that I thought I may have a claim for irresponsible lending against these companies and had in fact not even heard of it until some of the kind people on this site mentioned it to me. I approached the site for support - the subject heading was altered by one of the earlier mentioned kind people on the site to signpost them to it when they had chance to look further into it.

 

I appreciate your opinion and agree what it may be viewed as being by an onlooker, but you really are wide of the mark and to be perfectly blunt, I have no desire to go into the whys and wherefores with people who clearly express their views in such a manner. I would never judge anyone on here in this way and really don't think I deserved it. I hope you sleep well knowing how upset you have made me

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Havent Forgotten - Will look at this tonight.

Robbinghood. - Can i ask you to please be a bit fairer on the OP? Ta

 

FKO

 

Hi there

 

Thank you for your ongoing support.

 

Have a good weekend

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Let's not be so dramatic, I don't think my post was harsh at all - you won't always hear what you want to, especially on a public forum - this isn't the Samaritans. That said, obviously, I didn't want to upset you and if I did in any way, I apologise.

 

I appreciate that you may not have come here looking at irresponsible lending and that's the site teams fault for changing the title and giving that impression

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Hi RH

 

We changed it as the OP had 2 separate issues with A DMP and some Payday Loans.

 

So we decided to separate them out. I appreciate that everyone that's comes here doesn't always realise and yes, it is their responsibility to make sure that they are sound and don't over do it when it comes to debt etc

 

But at the same time the mind is a strange thing and people do weird things when under a lot of pressure.

 

All I would ask in the future is be a little more considerate when writing these sorts of posts ☺️ They come to CAG for help.

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Let's not be so dramatic, I don't think my post was harsh at all - you won't always hear what you want to, especially on a public forum - this isn't the Samaritans. That said, obviously, I didn't want to upset you and if I did in any way, I apologise.

 

I appreciate that you may not have come here looking at irresponsible lending and that's the site teams fault for changing the title and giving that impression

 

Hi

 

Thank you for taking the time to reply, I appreciate the apology and maybe I responded from an emotional angle last night. You are also correct that this is a public forum, but I would just add that to judge and give opinions would be better recieved if all factors were firstly taken into consideration.

 

No hard feelings

 

Take care

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Hi RH

 

We changed it as the OP had 2 separate issues with A DMP and some Payday Loans.

 

So we decided to separate them out. I appreciate that everyone that's comes here doesn't always realise and yes, it is their responsibility to make sure that they are sound and don't over do it when it comes to debt etc

 

 

But at the same time the mind is a strange thing and people do weird things when under a lot of pressure.

 

All I would ask in the future is be a little more considerate when writing these sorts of posts ☺️ They come to CAG for help.

 

Thank you, as always

 

X

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Morning Abbieno

 

I cant make heads or tails of what youve sent me im afraid... Even when trying to line them up in Word - it becoms a pain.

Could you please put it on a spreadsheet and then send it to us?

 

Once i get it I can then start getting to work.

 

Although part of what im seeing suggests that there were a lot of loans in a short period.

Oncei can get the full picture of the PDL situation then I can work on this :)

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