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    • Email,. today from BW Legal    Without Prejudice Save as to Costs 09 April 2020 Dear XXXXXXX Our Client: PRAC Financial Limited Balance Due: £521.65 Hearing Venue: XXXXXXXX Original Creditor: Instant Cash Loans Ltd trading as Payday UK Original Account Number: XXXXXXX Hearing Date: 16 June 2020 We are writing to you because the court has listed our client's claim for a court hearing on 16 June 2020. We understand this is a difficult time for everyone, which is why our client is keen to resolve matters amicably by offering you the opportunity to pay a discounted balance on the sums due. We wanted to let you know that we are available to assist you throughout this time via numerous methods, from our Contact Centre, Webchat and our Customer Portal. We want to ensure that if you are or have been directly or indirectly impacted by COVID-19, that you still get to the best advice and reassurance about how to manage your account with us. Please call us on 0113 468 3021 or speak to us via Webchat so we can assist you at this time, we just need to understand your circumstances in order that we can help. Great News - 35% Discount Offer Our client wants to help with any possible financial burden that you may have and we are able to now offer you a pre-approved discount. This can be paid in one lump sum, or you can pay this over a pre-agreed instalment plan. This offer is open until 09 May 2020. What is even better for you is that you do not need to call us to accept this offer if this is affordable to you. Just log in, or register to use our Customer Portal www.bwlegal.co.uk and select "Customer Login". The pre-approved settlement and plan is ready for you to accept. You need to quote our reference, along with your address details and a couple of other security questions in order to register. Our Customer Portal is very easy to navigate and you can choose various different payment methods and payment dates. You can also use the payment calculator, view your account, statement and talk to us via Webchat if you need assistance. Strictly, without prejudice, the discount available is 35% from your current balance. If you do take advantage of the offer, the revised amount to pay will be £339.07 if paid by 09 May 2020. If you cannot afford to pay the discounted amount in full, do not worry. If affordable for you, you can still take advantage of the offer by repayment plan. We have a pre-approved monthly instalment amount of £20.00. The plan has been recommended to take into account estimated disposable income. We have also made it easy for you to accept the offer without having to call us. If this is affordable to you then simply log onto our Customer Portal and accept to pay the offer by instalments. You will be able to choose the first payment date and payment method. Once the offer has been accepted, we will withdraw the claim and notify the court that the hearing listed on 16 June 2020 does not need to go ahead. If you have filed a counterclaim, you will need to ensure that you inform the court and ourselves, in writing, that you no longer wish to proceed with the counterclaim. Important information about credit reporting When you opt to set up a discounted repayment plan, if our client already reports your account to a credit reference agency then they will continue to report your balance and payment each month. On receipt of your final payment, our client will then mark your agreement as closed with the status "settlement".   Yours sincerely, BW Legal
    • Note that most experts believe that re infection cases are faulty tests. Plus there are always a small number of people who can get something twice. I can attest to this as I was unfortunate enough to get Chicken Pox again as an adult, something I wouldn’t wish on anybody.
    • Post 16  https://www.consumeractiongroup.co.uk/topic/420400-vcs-spycar-pcn-no-stopping-southend-airport/?tab=comments#comment-5040496   Post 23  https://www.consumeractiongroup.co.uk/topic/419312-vcs-pcn-no-stopping-in-restricted-zone-bristol-airport/#comments   Here are two good examples.  Tweak them according to your circumstances and post up what you intend to send.
    • FCA announcement 9/4/20 From interest-free overdrafts to credit card payments, the FCA has told banks to help borrowers during coronavirus crisis: What will it mean for you? The FCA said banks must offer interest-free overdraft buffers of £500 It also said people could put their credit card repayments on hold for 3 months This would not affect their credit score but they would still be charged interest This is Money explains what the proposals mean for consumers     https://www.dailymail.co.uk/money/cardsloans/article-8203647/What-todays-new-FCA-debt-measures-mean-you.html   https://www.fca.org.uk/news/press-releases/fca-confirms-temporary-financial-relief-customers-impacted-coronavirus
    • From interest-free overdrafts to credit card payments, the FCA has told banks to help borrowers during coronavirus crisis: What will it mean for you? The FCA said banks must offer interest-free overdraft buffers of £500 It also said people could put their credit card repayments on hold for 3 months This would not affect their credit score but they would still be charged interest This is Money explains what the proposals mean for consumers     https://www.dailymail.co.uk/money/cardsloans/article-8203647/What-todays-new-FCA-debt-measures-mean-you.html   https://www.fca.org.uk/news/press-releases/fca-confirms-temporary-financial-relief-customers-impacted-coronavirus
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Redmountie999

People v On:line Finance aka GMAC **WON**

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Sent On:line Finance a pre lim letter on 28th December 2006 and today received the following

 

Dear Mr A N Another

 

Thank you for your letter dated 28th December 2006.

 

Firstly I would like to confirm that GMAC do not charge for unpaid Direct Debits or exceeding overdraft limits. These instances do not affect GMAC. These are bank charges as it is your bank that must respond when a Direct Debit cannot be paid and it is your arrangement with them that is affected when an overdraft is exceeded. I would suggest you address your concerns regarding these charges with your bank.

 

The charges you have incurred from GMAC were due to yuor breach of our contract.

 

You refer to recent commendations set by the OFT which I would like to clarify for you.

 

The new OFT regulations realte only to 1 £12.00 limit on default charges incurred by misuse of credit cards. The agreement you entered into with GMAC, was a conditional sale agreement regulated by the Consumer Credit Act 1974 which was inclusive of clauses whereby you agreed to indemnify us for any costs incurred.

 

A tariff of these cahrges would have been included within your 'welcome pack' at the beginning of your agreement and can be found in the Terms and Conditions of your contract.

 

We must therefore aver that you have agreed to pay these charges from the outset and thus do not accept your claim for re-imbursement.

 

Should you have any further quesries regarding this matter, please do not hesitate to forward any written correspondence for my attention.

 

Yours Sincerely

 

Mark Rowan

Customer Complaints Officer

 

Any suggestions as to how to deal with this letter guys? If I was to take them to court to try to get these charges re-imbursed would I be in a position to win?

 

Need help guys i'm not sure what to do next.

 

I wasn't aware that On:line Finance was a trading company under GMAC.

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Ok, firstly, have you a list of charges from Online finanace, and those charges total £735. However, be sure to look at the statement of charges carefully. I found it sometimes a little confusing, a the total on the right hand side is a running total.

 

With regards to their comments regarding the conditional sale bit, its crap! Its a letter designed to found you off. They are correct in someways, however, the fondlemental thing is this, they cannot charge more than it cost them when your late with a payment.

 

This was my second letter that I sent, which they ignored so I started a court claim. They ignored that, so i entered a judgement, they also have failed to pay, so yesterday I issued a warrant! :)

 

" Thank you for your letter dated Thursday 9th November 2006. I must say I am disappointed with your response.

I understand that the said charges are in all likelihood disproportionate to the costs that you would actually incur for sending a computer generated letter, returning a payment etc. As such, this penalty is unlawful at Common Law, Statute and recent consumer regulations and would constitute a penalty under the Unfair Terms in Consumer Contracts legislation.

Such disproportionate charges are considered to be unfair per se by the OFT who reported on 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

If you believe that the charges are proportionate to the costs you have incurred, could you please demonstrate this by providing a full breakdown of those costs or a pre-estimate of your losses. Please note that I do not require an explanation as to why these charges were made; I am fully aware of the terms and conditions of my finance agreement. What I require is a breakdown of your costs in order to reassure me that the charges are justified.

I calculate that you have taken £210.00

I enclose a schedule of the charges which I am claiming with this letter

Having taken legal advice on this matter it is very clear, as you will no doubt be aware, that English contract law requires such charges to be a genuine pre-estimate of your losses. In the case of Castaneda and Others v Clydebank Engineering and Shipbuilding Co Ltd., (1902) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract as opposed to a charge which represents a penalty. This was upheld in the case of Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79.

In addition to this, your charges would represent an unfair term of contract which is contrary to the Unfair Terms in Consumer Contracts Regulations 1999 (SL. 1999/2083). Your charges would constitute an unfair penalty under Schedule 2 of the said regulations which provide an indicative and non-exhaustive list of terms which may be regarded as unfair.

Under paragraph 1(e) of schedule 2 this specifically includes terms which have the object of requiring any consumer who fails his obligation to pay a disproportionately high sum in compensation.

I would also like to bring to your attention the following statement by the Office of Fair Trading: - The OFT now expects all credit card issuers to recalculate their default charges in line with the principles set out in a statement published today and to take urgent action where needed to reduce the level of credit card default fees. The industry has until 31 May to respond to the statement. These principles also apply to default charges in other consumer contracts such as those for bank overdrafts, store cards and mortgages.

The fact that I signed the finance agreement containing the tariff of charges does not make them enforceable; as I’m sure your legal department is fully aware.

I would also like to advise that if you do not accept my request then you will leave me with no alternative but to recover this money through the Courts.

I trust this can be sorted out quite amicably and I look forward to your earliest response.

You have 7 days remaining within the deadline I gave you in my previous letter to return this money that has been unlawfully taken. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

Thank-you for your help and co-operation in this matter."


Barclays Bank - SETTLED - £4225.00

First National - SETTLED - £125.00

Lloyds TSB - SETTLED - £994.87

Capital 1 - SETTLED - £827.95

Online Finance - SETTLED - £349.60

Argos - SETTLED - £121.00

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Dont be fobbed off.If you have the figures then the way forward is to send the priliminary letter asking for it back.

If you have already done this then after 14 days you can then send the letter before action.

If they have already responded saying they are making no refund Before your 14 day deadline then you are free to send the lba then .

Hope this is clearer.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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The latest on this saga i that I received a reply thir morning to my LBA

 

Dear Mr A N Another

 

Thank you for your letter dated 8th January 2007.

 

Further to your comments on charges you have paid over the duration of your agreement we do not accept our charges to be illegal unfair under any regulations buy the Office of Fair Trading. We also do not consider any charges extortionate when compared to those currently being made by our competitors.

 

Please refer to your agreement which allows for charges to be made. I must reiterate that a tariff of charges would have been included in your welcome pack. We must therefore aver you have agreed to pay these charges from the outset and thus do not accept your claim for reimbursement.

 

You refer to a recent statement set out of the OFT which again I would like to clairfy for you as this statement does not affect GMAC.

 

The new OFT regulations relate only to a £12.00 limit on default charges incurred by misuse of credit cards. The agreement you entered into with GMAC, was a Hire Purchase agreement by the Consumer Credit Act 1974 which was inclusive of clauses whereby you agreed to indemnify us for any costs incurred.

 

Please be aware that we are not obliged to provide you with a breakdown of charges and so I advise that you seek independent legal advice should you wish to proceed with this matter.

 

Now i'm sure you guys have all seen this standard fob off letter before, but being new to the world of CAG and taking on the big boys and girls I haven't.

 

I'm slightly worried about there repeated comments that the new OFT regulations don't relate to them as my agreement with them was for Hire Purchase regulated by the Consumer Credit Act 1974.

 

They also give me a slap in the face by saying they are not obliged to provide me with a breakdown of their true costs????????

 

I'm assuming after the negative response to my LBA I should now file POC at County Court. If this is the case could anyone help me with the actual POC with regards to setting it out for Online / GMAC

 

Your help and thoughts would be appreciated

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Personally, I write back with something like:

 

Many thanks for your letter dated ..........

Unfortuantely you have failed to return these illegal charges to me within the timespan I have allow, which i believe is ample time for an institution of your size.

Whilst the OFT statement was aimed at the misuse of credit cards, the fondlemental point is the same, if a charges are to be applied, then they MUST be a true representation of the cost incurred by the creditor.

I believe this is not the case, and I am happy to prove this in a court of law.

As a consequence, I have no interest in arguing the validity of my claim with you and I will not waste any more of my time in the pointless exercise of “postal ping-pong”, I will simply file a claim with the small claims court for the total sum of £...... plus interest and costs.

Yours

Redmountie999


Barclays Bank - SETTLED - £4225.00

First National - SETTLED - £125.00

Lloyds TSB - SETTLED - £994.87

Capital 1 - SETTLED - £827.95

Online Finance - SETTLED - £349.60

Argos - SETTLED - £121.00

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Milo, much appreciated mate. I'll do a letter to this effect later today.

 

Can you help with what to put on the POC!!! As it's a finance company the wording and content of the normal POC will be slightly different i'm guessing

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This is what I put in my POC, it was never acknowledged, so I entered judgement. That wasn't paid so I have now issued a warrant.

 

 

 

Remember, change the dates to when the first charge was applied to the date of issue on MCOL (2), enter the interest amount (3), and then the daily rate(4) - (total of charges(1) devided by 0.222)

 

 

Also, take out the numbers in blue. Post POC here first before issueing on MCOL!


Barclays Bank - SETTLED - £4225.00

First National - SETTLED - £125.00

Lloyds TSB - SETTLED - £994.87

Capital 1 - SETTLED - £827.95

Online Finance - SETTLED - £349.60

Argos - SETTLED - £121.00

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Red,our bank template letter for both preliminary and letter before action are suitable for your use,since they specify the points that you want them to see in relation to statute law.

I would not pussyfoot about with them if they are staling and giving excuses,simply move to the next stage.

Change any parts that you need to.

The POC is the same although afain you may need to customise it by taking references to banks out and adding your own details.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Red,

 

Have I mis-read, i thought you'd done the pre-lim and LBA?

 

Martin, could you take a look at my thread please???

http://www.consumeractiongroup.co.uk/forum/barclays-bank/57011-allocation-hearing-new-post.html


Barclays Bank - SETTLED - £4225.00

First National - SETTLED - £125.00

Lloyds TSB - SETTLED - £994.87

Capital 1 - SETTLED - £827.95

Online Finance - SETTLED - £349.60

Argos - SETTLED - £121.00

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Milo,

 

Sowi for any confusion caused.

 

I've done Pre-lim and LBA. The letter I received this morning was in response to the LBA.

 

I would like to have submitted poc - N1 this morning in court but I don't have time to complete it and I wasn't sure what to put on it.

 

Now i'm a little wiser courtesy of Milo i'll do it tommorrow ready for submitting my POC in county court Monday.

 

I'm assuming the courts are open today!!!!

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For some reason my post was changed??!!:confused: :confused: :confused:

Any prob's PM me.


Barclays Bank - SETTLED - £4225.00

First National - SETTLED - £125.00

Lloyds TSB - SETTLED - £994.87

Capital 1 - SETTLED - £827.95

Online Finance - SETTLED - £349.60

Argos - SETTLED - £121.00

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Agggggggggh

 

Took N1 - Poc to court and they were closed.So I rang the court and got through to a clerk working there. She told me to post the notice of claim through the letter box along with payment in an envelope do I did. Was I ok to do that. I've not got a receipt or copy of the N1???

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Hi redmountie,

 

I am looking to send a SAR to on:line, but I binned my doc's a couple of years ago when I terminated my HP agreement with them! I have been trying to work out their new address at GMAC, which I think is -

 

on:line finance

GMAC UK PLC

Wesley House

19 Chapel St

Luton

LU1 2SE

 

can you let me know if this the address you used? and did you use a "cutomer relations dept" or something similar?

 

thanks in advance for your help

 

Paul

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Hi redmountie,

 

I am looking to send a S.A.R - (Subject Access Request) to on:line, but I binned my doc's a couple of years ago when I terminated my HP agreement with them! I have been trying to work out their new address at GMAC, which I think is -

 

on:line finance

GMAC UK PLC

Wesley House

19 Chapel St

Luton

LU1 2SE

 

can you let me know if this the address you used? and did you use a "cutomer relations dept" or something similar?

 

thanks in advance for your help

 

Paul

 

Paul I sent it to the following address:-

 

Mark Rowan

Customer Complaints Officer

General Motors Acceptance Corporation (UK) plc

Wesley House

19 Chapel Street

Luton

Bedfordshire

LU1 2SE

 

If you haven't already done so mate, start your own thread so that I and everyone else can keep progress on how u get on with them. If you need any help be sure to check my thread or pm or any of the thread mods.

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I used:-

Heol Gamlas

Parc Nantgarw,

Treforest Industrial Estate

Treforest

Cardiff

CF15 7QU


Barclays Bank - SETTLED - £4225.00

First National - SETTLED - £125.00

Lloyds TSB - SETTLED - £994.87

Capital 1 - SETTLED - £827.95

Online Finance - SETTLED - £349.60

Argos - SETTLED - £121.00

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Yeah that's fine paul.

 

I originally used that adrress to send my pre lim letter. The letter I had back was from Mark Rowan at the address I just posted. It appears that GMAC has taken over or On:Line Finance.

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Redmountie,

 

thanks for the info - I'll get the SAR off on the morning, once I get the ball rolling, I'll give everyone an update.

 

thanks again,

 

Paul

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Received a letter from GMAC today.

 

Dear Mr A N Another

 

I would like to conclude that the charges you have incurred were due to your breach of our contract and that your comments regarding recent media coverage does not include your finance company.

 

I would like to apologise that I am unable to assist you further with this matter and if you feel the conclusion of the complaint is unsatisfactory I would ask that you seek independent legal advice.

 

Yours Sincerely

 

Mark Rowan

Customer Complaints Officer

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So in view of their failure to provide me with a breakdown of their costs and to reimburse the charges I'm issuing a particulars of claim tommorrow in my local court.

 

Here is the poc - Anyone take a look and see if it's ok please.

 

Money claim for return of penalty charges applied to the Claimants account by the Defendant

Charges £735

Interest pursuant to section 69 County Courts Act 1984 at the rate of 8% from (content removed) to (content removed) of £215.11 or at such rate and for such periods as the court deems just and also interest at the same rate up to the date of judgement or earlier payment at a daily rate

Court Fees

1. The Claimant had a Finance Agreement (content removed) with the Defendant which was opened on or around (content removed) and closed on or around (content removed).

2. During the period in which the Agreement was operating the Defendant applied numerous charges to the account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were applied in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges applied to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

5. Accordingly the Claimant claims:

a) the return of the amount of money in respect of charges in the sum of £735 and any interest charged thereon;

b) Court costs;

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges of £215.11 or at such rate and for such periods as the court deems just and also interest at the same rate up to the date of judgement or earlier repayment at a daily rate.

6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act (1982).

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Looks ok to me, but I used the MCOL template!


Barclays Bank - SETTLED - £4225.00

First National - SETTLED - £125.00

Lloyds TSB - SETTLED - £994.87

Capital 1 - SETTLED - £827.95

Online Finance - SETTLED - £349.60

Argos - SETTLED - £121.00

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Milo,

 

N1- Particulars of claim and Schedule of Charges issued at county court as of 26th January 2006. Still awaiting an acknowledgement from On:Line aka GMAC.

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Okay On:Line had until the 14th February 2007 to reply. They failed to reply to my claim and on 14th February 2007 I requested that judgement be made by default. Because I thought that On:Line wouldn't pay up I also served them with a warrant of execution.

 

They today wrote out a cheque for the whole amount. I'm just waiting for it to clear now and then I will withdraw the warrant with the court baliff.

 

Thank yooooooooou to CAG and everyone that assisted me in this matter.

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Hi guys,

 

Good news On:line paid up in full. I have now had £1030.11 returned.

 

Thank you to ALL who helped and guided me in the right direction.

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