help please, Wage day Advance drained my bank account

[dirkfunk]

hello there

 

i was stupid enough to take out a payday loan last month to cover a slight shortfall i expected to have sorted by now

 

when it came time to pay it back i realised there was not going to be enough money in the account to cover it. I sen them an email the direct debit and asking to rearrange my payments.

 

low and behold a couple of days later they took the whole lot £225 and said i had signed on the agreement that if i were to fall into default or to cancel my direct debit that they would take the payment in full from my existing card details.

 

is there anything i can do about this.

[powelll]

Was it taken under the Direct Debit and had you cancelled the DD with your bank? If so you are covered by the Direct Debit guarantee which means you can ask your bank to refund the money ( they should do so within 24 hours ) and they will then argue it out with Payday loans.

 

If you haven't cancelled the DD already you may want to consider doing so now in case the same happens next month. PDL are a 'non priority' debt which means they are quite limited in what they can do if you can't afford to repay the full amount. The underlying issue seems to be that you are struggling each month to keep things afloat. Obviously I don't want to make assumptions as I don't know anything about your situation but you may benefit from speaking to a free confidential advice service like National Debtline ( freephone 0808 808 4000 ) for advice on your situation as a whole.

 

Hope this helps

[dirkfunk]

i think i had supplied them with my card details. They said that since i had cancelled the direct debit they used my card details to withdraw the whole amount from my account. here is a excerpt from the signed piece.

 

 

"i authorise Wage day Advance to take payments/interest/charges Electronically from my Account/Creditcard when my payment is due/ in default."

 

then it has my card details. I thought this was the direct debit stuff. It seems pretty vague and has no mention really that they will take the whole amount. they didn't even give me notice of default. I even contacted them before hand to say i couldnt pay

 

shall i just kiss this money goodbye

[dirkfunk]

hello again

 

reading through some stuff on here, could this be seen as an unfair term in the contract. is there anything i could do to get the money back

 

i guess i cant get it back from the bank as unauthorised even though i sent them an email beforehand.

 

please help

[sillygirl1]

You can get it back from the bank but it will take a long time and involve a lot of letter writing - imho you need to report this company to Trading Standards and the Credit Services Association as they shouldn't have that clause there. They either a) take by dd OR b) take off your card, you should NEVER have to give them both lots of information.

[inarut]

hi,

 

You have probably taken care of all this already by now but incase you havent i thohught id let you know of my experience with the same compnay...

 

I too had taken out a loan but had emailed them more than 3 days in advance to request the extension. i received no reply from them but presumed the extension would apply as i had sent it in time, but i called them to check just in case and low and behold they 'had not' received my email, i just called them in time to get the extension.

 

But next month i needed to do the same so i emailed them again, but got no response so called again, but this time they tried to say that i was too late and the full amount would be taken. I argued it with them and said i had sent the email and had proof in my sent items, and that they had also 'not' received last months email. They finally agreed to extend it and take just the extension fee, but 2 days later on my account they had taken the fee, plus another amount that was double the fee, and then another amount the same, totalling over £200 when they should have only taken £41. I immediately called my bank and cancelled the trasaction before it had fully cleared, and also called and emailed Wageday advance to complain and advise them i had cancelled it, they then only took the £41 and my bank returned the rest of the amounts to me.

 

You could try telling them that you had emailed them in time asking for the extension, and if you still have it in your sent items list then you have proof. Although im not sure if there is clause in the contract that stops the extension even if you applied in time, but this is how i got mine back. If you did not email in time to request extension, then you cant do anything, or if there is clause in the contract that you should not assume extension is applied unless you get confirmation, then you may also not be able to get it back. But if by now you still havent got it back then hey, at least the loan is paid off now!