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s4ddys

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Everything posted by s4ddys

  1. Did you send the letter to your bank telling them not to pay the two companies?You need to phone the banks fraud team and tell them you did not authorise the two payments and you need a refund immediately.Which bank is it?
  2. Can you do a bit of detective work to try and find out where it came from? First place I would start would be to check with DPD using the reference number on the parcel to see if you can highlight the sender. Try doing it online first and if no joyy give them a ring! At least with proof of who sent it you could take it further.
  3. My point is the AOE was on the original judgement, which what set aisde, not the judgement eventually imposed. Thanks for the info on the process of AoE, I was unaware of that. I am wondering on whether it is worth submitting a letter to the court, or an application for suspension / variation? Can anyone help? Bump?
  4. Hi All, Been a while since I have been on here but need some advice quickly if possible. I had a CCJ which was granted in January last year. I applied to have the judgement set aside and was successful, but a judgement was still made for a lower amount. Once all the charges were added it totalled at just over £800. Whilst I was applying for the judgement to be set aside, the company applied for an attachment of earnings order. This was granted but suspended at £30 per month. I then received a letter stating that another £100 would be added to my debt for the cost of the attachment of earnings order, even though it was never valid as the original judgement was set aside. This made the debt just over £900 (for a £200 payday loan I might add!). I contacted the claimant and agreed to pay £40 per month until the debt was cleared. I then went through an eviction and wrote to the company to ask if payments could be suspended, they said they would come back to me but never did. I stopped paying, the last payment being October (stupid I know), and heard nothing from the company. I recontacted the company at the beginning of this month via email asking to reinstate the payment plan as I had now been offered a council home and was in a position to recommence payment. They refused and said they were continuing to enforce the debt and this process had begun. I contacted the court who said nothing had been done since the original judgement. I recontacted the claimant who said there was nothing they could do and they would be following their procedure. I have been told by my work that they have received an attachement of earnings this morning for £30 per month. I am fuming to say the least the claimant knew I had been evicted from my previous address, therefore knew I would not receive any paperwork. To me it seems like they are using the court system to extract as much money as quick as possible from me. My question is are they allowed to do this (issue court proceedings) knowing full well that I no longer lived at the address they had? I have proof that they definately knew I was being evicted in early november, and clearly they have not contacted the court until after I contacted them in Early march trying to arrange a payment plan. I am assuming all the paperwork went to my old address, which I obviously never received. the property has been sold on and left me with a £52k shortfall but thats another story.... ..Any advice would be greatly appreciated. Thanks
  5. To cut a long story short I incurred two returned item fees last month and the charge for my account. I was extremely careful last month and had ensured my account was in credit. I logged on today and it appears I have incurred another £96 in charges. This was because when the £12 fees were taken off, this took me £17.71 overdrawn. As a result of this I incured a £6 per day fee from the end of the month up until my wage went in today. Shocking. Is this normal practice? Is there anything I can do? I do not believe the charges are a fair reflection of there costs, in fact they have done nowt!
  6. You need to read the correspondence they have sent you very carefully. Do they actually say they have started legal proceedings or are they just threatening this? There is a massive difference between the two. Write to them anyway and make your offer of payment!
  7. Can you write to them recorded delivery?
  8. Hiya,Cancel the standing order but do not spend the money. Keep emailing NDR with your offer of payment. Trust me eventually they will accept. Tell them you want everything in writing but keep emailing them with your offer. If you do this there is no way they can take you to court and be successful. As I said earlier it is down to you to pay WHAT YOU CAN AFFORD, and nothing more!
  9. There is more chance of me showing up at court than them. As far as I am concerned it is down to them to prove they now own the debt not you! Sillygirl is about and may correct me if I am wrong, but they should be able to provide you with a 'notice of assignment' if they have legally purchasd the debt, or Speedy Dosh should confirm if they have passed the debt to them if they are collecting on there behalf???
  10. Items 3.1 & 3.2 are also good for a back up!!!!!!
  11. Hi, How were you due to pay them? My first piece of advice would be to cancel your card as lost or stolen as I can guarentee they will raid your bank account when you get paid for the full amount they claim you owe them (this will probably be more by then!). Once you have done this keep trying to contact them via phone and email and keep copies of all the email sent. As for there charges I suggest you read the link below: http://www.oft.gov.uk/shared_oft/press_release_attachments/cim-requirements.pdf items 2.2 & 2.3 particularly apply. I would quote these in your letters / emails. If you still have no luck your next step would be to contact the OFT. Let us know how you get on. s4
  12. Yes. Contact Muc Hall and explain your circumstances and what you can afford to pay each week / month. Get a letter off today recorded delivery and they will have it for Monday. They will then write back either confirming or declining your offer. If they decline please come back to this thread and we will advise what to do next. Overall dont panic as its more than likely an empty threat anyway!
  13. I would contact speedy dosh and ask if they have passed the debt onto NDR. If they havent, ignore NDR and start your payment plan is October, or if they have, contact NDR and set up a payment plan with them. I would ask for confirmation of either in writing.
  14. Ok, as you say your thread is quite long so I will try to address individual items but also give some pointers along the way which you've probably read already but here goes.Firstly, do not panic! You are not the first person to get in a whole, nor do I doubt you will be the last. I too have been at the stage where my payments were more than my wage but there is a way back, although it could take some time. At least you have come to your senses and decided to take control of the situation so top marks there.My second piece of advice would be if your gonna do it then do it properly. These animals will abuse your bank account at every available opportunity so get into your RBS branch today and arrange for your account to be closed and another re-opened. Not sure when you get paid (assuming its the 30th when your payments are due out), but you need to do this ASAP. There are a number of reasons you could give for this, il leave these to you.In answer to your first question IMO it is always worth letting the companies know you are going to default. In my eyes it not anly shows you are willing to repay the amount owed and are not ignoring them, it also can stop them from the barrage of phone calls you are likely to get if you already have something in place. Some companies will negotitate before, some will tell you to wait. The thinking is at least they are all aware....There are two ways in which you can tackle the debt. You can either pro rata or 'snowball'. Pro rata meaning if you can comfortably afford to pay £200 per month on your £2k outstanding then thats roughly 10% per month for each. The key here is to offer no more than you can afford. This would mean £39.50 for wonga, £58 for QQ etc etc. It aint easy getting them to accept but remember the key is on what you can afford, not what they want you to pay. Keep all correspondence in writing. Email or post recorded delivery and keep copies of all correspondence received. If you do not hear anything at least you can prove you have gone out of your way to try and repay the debt, but dont just think thats one less to pay, pay more off one of the other companies who agree to your instalments. This way by the time the final co's have accepted, you will have paid most of the first ones off. Snowballing is where you pay off the smallest ones first then another the month after and so on. Dont think this would work for you as you stated in your thread. Pro rata at least means everyone gets something.Some companies the DC agency are easier to deal wth than the actual businesses. Cash Genie I would deal with directly, however ones like QQ will not accept 10 months I wouldnt have thought, so probably easier to wait till its passed to their DC agency. Cant remember who it is, think its Fortress or someone.Be prepared to take some stick, these companies will hound you as they want there pound of flesh. Again my advice would be to answer the phone and be polite. If you have written to them all then this is all you have to say. I have written to you and am only willing to deal with you in writing. Put this in all your initial letters.Your second question asks if they can keep adding interest and I suppose the answer is yes, but, a more relevant question would be do you have to pay it? IMO the answer is no. Once you have payment arrangements in place most will usually freeze the interest but what I would say is the original amount plus one months interest is a fair amount. There is no way once you have paid this would any company go near a court to claim back there extortianate charges. If they did there are people on here who would help you with your defence anyway so your covered there. If you can prove from the outset that you have been trying to pay them back, what chance have they got of claiming charges for the time inbetween this and them accepting? None I would hope.Fingers are aching now but next question lol. DC agencies to be fair are usually easier to deal with than the actual companies. IMO they are more reasonable and more likely to accept over 10 months (although they may initially say they cant), they will eventually accept. They are guided by the OFT (as useless as they are), and should stick to certain debt collection guidance which should work in your favour. As for bailiffs, shouldnt come anywhere near if you stick to your plan. The only way would be for you to go to court, and then still not pay. Which isnt going to happen. Read something recently about one of the DC agencies (think it was marshall hoare) getting in trouble for trying to use there bailiff status to collect debts. There are strict guidelines on this so it should not happen. The worse you will get is a 'doorstep collection' letter / threat. There is a template to counter this in the templates on this site. This is not a bailiff more of a want to chat to you at your address. Easily sorted.As per your credit file its gonna take a hit im afraid. Most of the companies now use these and report, but they are still a bit hit and miss. Like you say they should be marked as 'satisfied' once you have paid them all off so I would check after you have paid them all back.Your last paragraph confuses me slightly. There is no way would I be considering debt consolidation unless it was before you defaulted. The reason I say this is because if you do it before you have then protected your credit file (if this is what you choose), but I would not do it after as really there is no point - your credit file has already been affected so why would you do this? (Apart from having all your eggs in one basket). The main reason for not doing it for me would be that you have already paid a shed load of interest on the amounts you owe so why pay more? In effect you would be paying for interest on top of the interest you already have with each company so it will take you even longer to pay off, which will cost you even more interest!!!!!My advice would be pay them all off directly or to the relelvant DC agency.Hope this helps and if you need any more info let me know, and please remember this is my own opinion based on previous experience, I am not a legal expert!Good luck and let us all know how you get on.s4
  15. In my eyes you have over paid. If you originally borrowed £500 and have paid back £1200 in interest / charges then then debt has well and truly been satisfied. No judge on this earth would back the company against you in this situation in my opinion.
  16. How many times did you rollover your final loan would be my key question? I would then be taking this amount of the £500 + 1 months interest which should give you a rough guide on how much you should be paying back.
  17. Could you not contact them and ask them to confirm? I am always sceptical about using details from an open forum
  18. The office of Fair Trading have guidelines on harrassment for debt, it would be them you needed to contact if you were being harrassed. Likely hood is they would not deal with your case on an individual basis, but you do need to report them as the more people that do the more chance there is of having there licence revoked.
  19. There is no doubt in my mind that they will take the full payment on your payday. I would cancel your card quick sharp, as it will be a whole lot easier to give them the money back than it will be to try and claim their charges back when they charge you the full whack!!!!!
  20. WHere are you getting the 30p in the pound figure? Not sure why you would suggest that, it is recommended by most on this website to offer the original amount + 1 months interest.
  21. If you want an honest answer - PTP passed to clarity - ignored - went away after a while. CFO - Passed to Daniel Silverman - currently trying to get them to agree to repay orig plus one months interest - 5 letters sent so far - still not sorted out........ I wouldnt recommend ignoring as I have been taken to court a few times now (sad I know), but stick to your guns - eventually they will accept!
  22. Have a read through a lot of the other threads, a lot of them are similar and have plenty of good advice. Can you give us some more information / background i.e. have you paid anything back? Are you in a position to offer a Full and final settlement etc?
  23. hi,Just to give you an update. Attended yesterday for the hearing. There was a duty solicitor on so had a chat with her and she accompanied me into the hearing, she was really good. The hearing didnt go as well as planned - the judge ordered I pay £120 rather than £60 on top - but better than losing my house so happy days for now.The only other thing to add was he commented on the section 'entertainment'. I had put £100 per month as this is what I usually spend entertaining kids etc but he wasnt happy about that, he also highlighted the cigarettes section as an area to quit (obviously if only it was that easy). My feedback would be to change the entertainment heading to something more suitable i.e. leisure activities (probably not the best example) or something along those lines....Thanks again for your help.
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