Another Andrew Hart/Pay day over draft - nightmare

[ads_uk]

I can defo give it a try I am sending a letter to the court, I am just gonna really struggle with the £80.00.

Hmmm a PDL from WDA to pay for court action with his own money - that be funny... no seriously, work out what you can afford to go with out (cig's / booze / ice cream) cos it will be worth it in the long run.

There is'nt a price on a clear mind and no worries - take it from me this guy got me down and took advantage of what i was going through,.

[Anita19860]

I am on a debt management plan at the moment, thats why I only offered £20.00 I will defo see what I can do on that front, I want him gone its really annoying me now

[renegadeimp]

If. You are on a dmp, there's nothing he can do. End of story. Even a judge would side with you as you are clearly showing you are willing to pay, you just need time to do so.

 

An Aof E can only be granted by a judge. He can't get one off his own back.

Edited April 9, 2012 by renegadeimp

[asmilecostsnothing]

Anita, could you try this, they may help ?

 

http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195356

 

Would hope it still runs, ( just don't know if it is affected by the recent transfer of Consumer Direct to Citizens Advice )

[BazzaS]

You may be eligible to pay only a reduced fee for an N244, or no fee at all.

Is it worth you looking at form EX160A which might indicate if that may apply to you?.

 

http://england.shelter.org.uk/__data/assets/pdf_file/0018/119601/EX160A_Court_fees.pdf

[Anita19860]

Hi Brig and SP

 

I could take out a loan with him; if that would help?

 

x

 

v

 

I would not advise you to do that he is a nightmare to deal with you dont want the unwanted stress x

[katysue]

Anita, can i just clarify -did you go to a hearing originally? I'm so suprised that a court ordered you to pay back that whole amount! Did you say that you owed the increased amount or did you contest it? I really would try and go forthat rehearing if you can.

[Anita19860]

Anita, can i just clarify -did you go to a hearing originally? I'm so suprised that a court ordered you to pay back that whole amount! Did you say that you owed the increased amount or did you contest it? I really would try and go forthat rehearing if you can.

 

I didnt go to court, as Andrew said to

Me before it went to court that he would take me for fraud, he said that I took the money out knowing I couldnt pay it back!!! Also he didnt accept dmp plan they had no joy with him at all.

[Ell-enn]

Anita, I have sent you a pm, please read and respond

 

Thanks

 

Ell

[katysue]

Yep. He said that to me too. It's NOT true. Someone on here with more knowledge than me will be able to advise you what to do, but i think you need to contest Hart's figure.

[renegadeimp]

It's easy in regards to what to do. I think ell-enn is advising though

[ScarletPimpernel]

I would not advise you to do that he is a nightmare to deal with you dont want the unwanted stress x

 

Actually I suspect that Hart wouldn't want the stress of having V as a customer...

[BazzaS]

I didnt go to court, as Andrew said to

Me before it went to court that he would take me for fraud, he said that I took the money out knowing I couldnt pay it back!!! Also he didnt accept dmp plan they had no joy with him at all.

 

Was there a county court hearing or a court order made?.

I'm unclear if you returned any court papers, and if so, did you admit ON THOSE PAPERS to a £2000+ debt, and offer to pay this at the £20 rate, such that the court then issued a judgment for such?

 

Was a General Order or Judgement made (and if so can you post the details minus identifying information).

 

The lender may have threatened court action or a CCJ, but have these actually happened?

Looking at your posts it appears that a court order was made, but the details would be useful, as (with this lender) I'm not sure it's wise to assume anything?.

[Anita19860]

Ahh ok,

[Anita19860]

Since I have had an email every other day from Payday Overdraft depsite being in an agreement,

this morning I have phoned the Office of Fair Trading,

who were not much help they advised me to call the information commissioners office about him breaching data protection,

 

So I did this,

they have told me that I need to write into that company and complain (Which again is worthless as Hart wont respond or deal with it)

 

I then spoke to the court again about the emails they couldnt give me any legal advice over the phone!!

 

I am now out of options on what to do,

I feel really anxious and nervous about what he is going to do next I HAVE HAD ENOUGH!!!

 

Please if there is anyone out there who can help or have a solution it would really help! x

[DonkeyB]

You need a restraining injunction!

[unclebulgaria67]

Since I have had an email every other day from Payday Overdraft depsite being in an agreement, this morning I have phoned the Office of Fair Trading, who were not much help they advised me to call the information commissioners office about him breaching data protection, So I did this, they have told me that I need to write into that company and complain (Which again is worthless as Hart wont respond or deal with it) I then spoke to the court again about the emails they couldnt give me any legal advice over the phone!! I am now out of options on what to do, I feel really anxious and nervous about what he is going to do next I HAVE HAD ENOUGH!!! Please if there is anyone out there who can help or have a solution it would really help! x

 

I suspect that the emails are not sent individually, but in bulk. Everyone with a current loan probably receives the email, with just the relevant name of the account holder added.

 

If they are harassing you and there is no need, as you are meeting the commitments, then contact your local Trading Standards office. http://www.tradingstandards.gov.uk/advice/index.cfm

[Anita19860]

No the emails have started since I have got into this agreement with the courts, It stopped and then they had re done it, I dont think they are bulk emails as I dont get the texts anymore.

[katysue]

I think it might be worth putting the complaint in to Hart. He probably won't respond, but it will mean that OFT will have to address it if he does not respond or give an adequate explanation.

[Anita19860]

Yet another email off Payday Overdraft I seriously wish he would go away lol

[ims21]

Anita

Your creditors have to stop the recovery of your debt for a reasonable time when you are starting a Debit Management Plan with your debit planners under section 3.7m

Your Creditors Cannot refused to deal with your DMP under section 3.9c

Your Creditors cannot contact you directly before contacting your DMP first under section 3.9d

Your Creditors cannot put you under any pressure to pay more than you can reasonably afford under section 3.71

 

Dont contact them save all emails and sms to the police, the courts, your DMP and also OFT

 

To avoid any confusion the above quoted sections are from the OFT Debt Collection Guidelines which were revised late 2011.

 

Gardenboy1....it is always useful to state the source document and sections rather than just section references on their own.

 

Also I really don't think the police are the ones to be sending stuff to

 

ims

[katysue]

Anita, can you post the email up?

[Anita19860]

Ok after the phone call at my work on 5th April and him saying that he was going to send an attachment of earnings order,

I have spoken to the court and they said that he couldnt send me that as I wasnt in breach of my contract with them,

 

I have come home today to find that the court have sent me a letter for an attachment of earnings and that I have 14 days to reply or else they will send it straight to my work!!!,

 

They have slapped another £100.00 onto my debt!!

 

So my debt has now gone from £250.00 to £2738.87!!

I am well and truly out of options now I have well and truly had enough.

 

If ahybody knows someone that is a solicitor or someone who wants to give me some advice or some help it would be greatly appreciated.

 

I cant believe that the courts are letting him do it,

 

He is just going to keep doing it again and again.

[citizenB]

I have flagged this for site team.

[renegadeimp]

I would call the court and make sure that the latest letter is legitimate. Since you have been told otherwise, you really need to call and get the full situation.