Wonga email stating they dont have to send me a DN as agreement at end because of arrears

[jo0410]

Had this email sent to me for being 10 days in arrears. My question is it right that down the bottom of this email that they are not required to serve me with a Default Notice in accordance with Section 87(1) of the Consumer Credit Act 1974?

 

 

As previously advised your account is seriously in arrears. Our NEXT STEP is to inform one or more credit reference agencies that your account is in DEFAULT*. This has SERIOUS CONSEQUENCES and will probably impact your credit rating. The notice of your DEFAULT may stay on your credit file for up to SIX YEARS.

 

You can avoid this by calling us on 0844 842 9109 and paying your arrears of £398.67.

 

Where we inform any credit reference agencies, we will then consider that we have little option to take one of the steps laid out below:

 

We may take LEGAL ACTION against you or instruct a SOLICITOR to do this on our behalf.

We can instruct a Debt Collection Agency to recover the debt by any means permitted by LAW. (This may mean that a debt collector calls to your home to collect payment or to assess your assets prior to taking Legal Action).

Where your debt is great enough we may instruct a SOLICITOR to commence BANKRUPTCY PROCEEDINGS against you by issuing you with a STATUTORY DEMAND.

You must call us today and we may still be able to help you. If you ignore this matter it will not go away and you will end up paying more and facing the inconvenience of the steps outlined above.

 

ACT NOW

 

Call 0844 842 9109 immediately

 

Collections Department

http://www.wonga.com

 

*As your agreement with us is already at an end, we are not required to serve you with a Default Notice in accordance with Section 87(1) of the Consumer Credit Act 1974.

 

Wonga.com is a trading style of Wonga.com Ltd. Registered in England and Wales. Registered Number: 6374235. Registered Address: 88 Crawford Street, London, W1H 2EJ

[sillygirl1]

They are wrong, all you are eligible to pay them on the back of that dodgy email is the arrears on the account, not the whole amount due.

 

This needs to be flagged up with Trading Standards and the OFT, Wonga are trying to short cut the processes in place.

 

They may try to email you from Marstons (who are a bailiff company but are only common debt collectors in this case) or Phillips Enforcement (who again are only common debt collectors).

 

They really do not follow the OFT Guidelines on debt collection and should be reported to them as well.

[sillygirl1]

The bit about the debt collector going to your home is totally wrong, they have a long way to go before that can happen and as for going for bankruptcy you are nowhere near that. They really really must be reported, with the full text of the email included.

 

I would also see if your local police force has a money lending unit and get them involved, because Wonga are money lenders, pure and simple.

 

Really that email implies they can send people round by LAW, in reality they CANNOT do this.

[sillygirl1]

As their address is in Crawfrord Street I think that brings them under Westminster Trading Standards, who are very good at stopping sharks.

[jo0410]

Yeah I am fine about that part as know certain parts of law about the differences between baliffs and DCAs but i was just curious as to their statement about not having to send a Default Notice as simply being in arrears with them ends the agreement?

 

I will happily be complaining to all bodies about their tactics.

 

Already going through other battles with underhand creditors so just adds another bow to my battle.

[jo0410]

As their address is in Crawfrord Street I think that brings them under Westminster Trading Standards, who are very good at stopping sharks.

 

great thanks for that tip SG

[jo0410]

I have never complained to Trading Standard or OFT before but probably i am going to have lots of complaints going through soon.

 

How do i complain to them. Is there some forms on their web sites?

[sillygirl1]

Go to the Trading Standards website and look up which one you should contact. It varies but there usually is an online form, you might need to attach the email from Wonga as evidence.

 

In some areas you have to go through Consumer Direct.

[jo0410]

Yeah i filled out a complaint form on consumer direct but they didnt allow for any attachments at this stage. I am sure they will ask for it. Thanks for your info

[jo0410]

I have spoken to consumer direct on the phone and they have registered my complaint but they have said they cannot comment on whether what the lender says in the email is legal/misleading as they dont know the Consumer Credit Act in enough detail to advise on such matters. They suggest contacting national debtline to se if they think it is misleading instead.

[42man]

What amuses me is that they say on their site that they are part of the FLA (Finance And Leasing Association) which will make ZERO difference to you...they are one of these lobbying type organisations that write half a dozen letters a year to MP's and are fully behind the companies that pay them to be a 'member' what is the worst that can happen to a 'member' ? they get thrown out of their own association. Do search under the letters FLA on these forums and you will see what I mean...

[jo0410]

Well I found out something interesting today via Trading standard that even they hadnt heard of before. It seems that Wonga have ever right to not send a Default notice on their 30 day loan as the wording in the consumer act says something about only having to issue it during the lifetime of the agreement so if you dont pay on that agreed date they dont have to send any default notice. Supposedly even Trading Standards were unaware of this way around the law.