No it wasn't that. Although that example goes to show how certain finance companies like to operate. From memory the FOS upheld our complaint but were unable to overturn the default as it had been legitimately issued. The debt was ultimately settled and that particular vehicle was traded in due to a faulty Aircon pump.

Ummm....cheers?

It has happened before with another firm, that's why I think it!

Just a minor update, contacted the money adviser and the extent of their advice was  to ignore it. 

Not sure that fills me with confidence- would rather they consulted with the creditor rather than leaving me sitting waiting for a possible chap at the door or court summons.

I take it Moneybarn just have to wait to get their arrears through the DAS? And they can't take any other kind of enforcement action?

Worryingly it has just come to light that my finance is a conditional sale agreement.  The advice I am now receiving (from the debt charity) is that this should not have been in the DAS at all (they insisted it was included at the time)?  Going from bad to worse.

 

Any ideas what next?

 

Edit: only the arrears were in DAS.

In January 2020 I entered into a DAS (Debt Arrangement Scheme), of which Moneybarn were one of the creditors (1 month's arrears).

So they have received ~40 consecutive payments monthly per the DAS for the relevant portion of the arrears.

 

I made the last of my scheduled payments recently (monthly conditional sale/HP payment).

 

Today I received a default notice from MB, implying they will take me to court/ attempt to repo the vehicle for less than 1 month's arrears, less than 2% of the overall finance bill.

 

In the letter, they quote a clause 8.1.6, "the right to terminate (if in Scotland) if you become insolvent or suffer sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate", as the "provision of agreement breached".

 

However the nature of breach is, "You entered into a DAS...approved on 11 January 2020."

 

So, three things,

1) I do not regard a DAS as being a breach, it doesn't conflict with any of the processes listed as far as I am aware.

2) It is in excess of 3years since the DAS started.

3) Surely any Default Notice would need to be backdated to the initial date of the DAS, as nothing has materially changed since.

 

They go onto say that I, "cannot take any action to remedy this breach of the agreement" and need to pay the full arrears amount by 11th April 2023.

 

Is it legitimate for them to issue a default notice, essentially out of spite as they need to wait longer for their arrears?

The other issue is the net value they will receive of the arrears is actually less under the DAS due to fees.

Say I owed £500 arrears, by the time fees were deducted and they would only receive £400.

 

I am in a bit of a bind as under the terms of the DAS I cannot overpay a single creditor but MB seem content to disregard the fact that the DAS has been in place (without their dissent) for some time but simultaneously use it as an excuse to attempt enforcement action?

 

Many thanks.

 

I would say that it is perfectly legal and to be honest may be the best way of getting it stopped. 6years from now it will have vanished. Is the DN compliant btw

Getting what stopped Fletch? The debt doesn't appear on my credit file. They tried to contact me yesterday by phone. Don't know why, between that and the DN it's almost like they are unaware of the payment arrangements?

Hissing snakes! Having 'partially upheld' my complaint and accepting my payment plan (at frozen interest), wageday advance in their wisdom have sent through a default notice. Surely that isn't cricket if there's an agreement in place?

Why am I not surprised? Pursued Wonga to clarify their broad 'account closed' email and lo and behold they start pestering me by phone. Ignored, recently got an email saying "clearly" the best way forward is to call them. I think not... Asked basic questions, I don't need a chit-chat, just basic responses.

I speak from experience with advice here and from multiple PDL's. Trust me when i say, when it comes to PDL's, you need SPECIFIC clarification and not general.

If, for talking's sake, my credit file is marked as settled, could they STILL (or their agents) pursue the debt? I am still in the timeframe to allow a FOS complaint re. My original complaint. Can/should I specifically request Wonga confirm a)the value of the debt, b)the account number and c)that it is formally settled? I'm not overly concerned it would come back to haunt me but may well be naive!

Nope. The wording is still vague enough to allow them to sell it on.

renegadeimp you are even more negative than me! It says in bold letters "you do not need to make any further payments". That's about as slam dunk as it gets if they ever tried to reopen the issue, they are not going to write it in blood! The fact they talk about refunding further payments made to the account further reinforces they debt is settled, not somehow 'deactivated'. Shall report back what change if any is reflected on my credit file when I can.

Well, well, well, I wasn't expecting this...

Dear Mr James Fojut As we look to improve our technology, we're moving to a new operating system. Your loan will not be moved to this system and, as a result, your outstanding balance has been closed. You do not need to make any further payments.

 

We recommend you contact your bank to cancel any payment instructions, such as Standing Orders. Any amount that you repay to us from 26/11/2014 will be refunded to you.

 

Thank you for being a Wonga customer. If you have any questions please call us on 0207 138 8330. Best wishes,

 

Customer Care

wonga.com

 

 

This is an (eventual) response to when I complained to their original 'final' response, not least on the grounds it contained a couple of outright untruths. Worth being a pest as they had recently rejected from inclusion in the write-off program on 04/11/14 and then re-acknowledged my response to their's on 02/12/14.

Needless to say...

Aside from the recent drama, in my own personal case, Wonga updated my credit record to 'up to date' from a more negative position. This is following a couple of (small) voluntary repayments I made. Can anyone confirm if this is standard practice or more likely relating to the recent developments?

I would imagine the main issue will be those not 'identified' will dwarf the number of those receiving a write-off, thus complicating any mass complaints, particularly if Wonga hold their ground.

The initial post from Wonga said ALL customers would be contacted to confirm whether they had been affected OR not.

They have now changed this to say that all AFFECTED customers have been contacted.

 

 

Nothing to challenge/clarify their decision. Very poor.

The fact my loan is in arrears 130 days is, I would say an indication their lending criteria were flawed in my case, yet no email. :-@

Read an article this morning... http://www.theguardian.com/business/2014/oct/10/wonga-loans-granted-write-off-dithers It mentions in there that at some (undefined) point, Wonga will contact EVERYONE regarding this matter, then the floodgates will really open with Complaints I expect! Get in now if you feel you have been incorrectly 'missed'.

The initial post from Wonga said ALL customers would be contacted to confirm whether they had been affected OR not.

They have now changed this to say that all AFFECTED customers have been contacted.

 

 

Nothing to challenge/clarify their decision. Very poor.

The fact my loan is in arrears 130 days is, I would say an indication their lending criteria were flawed in my case, yet no email. :-@

Read an article this morning... http://www.theguardian.com/business/2014/oct/10/wonga-loans-granted-write-off-dithers It mentions in there that at some (undefined) point, Wonga will contact EVERYONE regarding this matter, then the floodgates will really open with Complaints I expect! Get in now if you feel you have been incorrectly 'missed'.

Interesting ppl are still getting emails late at night. Hope I wasn't premature giving Wonga an earful!

I've been thread-jacked lol!

Hi jamezon

 

Though you meant that u had complained again after the ruling 2 Oct coz going of what you have said in your thread I reckon you have a case, if you have not been in contact with them since this new ruling came into effect I would certainly be ringing their bell if they have not been in touch, stating the facts as to why this new ruling does not apply to yourself.

Thanks Tinkerman, I have also commented on the main thread on 'hearing from Wonga' with an email address they gave me to contact. I don't think it looks to clever for them as their justification for rejecting my complaint contradicts the Oct 2 information (that they are 'robust'). I think my main issue may come as I essentially asking them to revisit a 'Final' response. I will chase with another letter if they do not respond to my email to lendingquery@wonga.com. Then FOS if need be.

Just off a 33 minute phone call to Wonga (about 30 of that on hold!) to query why I was not selected for their 'forbearance' programme. In a nutshell, the guy couldn't help. He gave me this email address: lendingquery@wonga.com and advised they were the relevant department to explain why. I just find it a bit silly that they can reject my complaint on how they have handled my loan on the grounds of their lending criteria/affordability then publicly state in black and white that these grounds are/were flawed! Hopefully the address is of use to some people however.

when did u complain and what was their final response

 

was it after the ruling on the 2 Oct

 

See my post of 15th September detailing their response.

So nothing from Wonga, very disappointed. Any idea what I can do, given they have issued their 'Final Response' to my complaint? To my mind, I clearly fall under their criteria of improperly assessed affordability. Regardless, the information provided in their response above is clearly contradicted by recent statements on their failings.

The initial post from Wonga said ALL customers would be contacted to confirm whether they had been affected OR not.

They have now changed this to say that all AFFECTED customers have been contacted.

 

 

Nothing to challenge/clarify their decision. Very poor.

The fact my loan is in arrears 130 days is, I would say an indication their lending criteria were flawed in my case, yet no email. :-@

Anyone know how today's news https://www.wonga.com/help/affordability-remediation will affect debts such as mine? Who decides whether my loan was genuinely affordable at the time or not? Obviously would make the world of difference to me if Wonga would write of £475 (or £630+ according to them) worth of debt!