PRA and Wonga

[markosoft82]

Hi

 

I was hoping someone here would be able to advise me on what to do.

 

3 years ago I took out a loan with Wonga for £100, and despite thinking I had paid it off, it looks like I haven't. This was in Jan 2011, and I haven't heard anything until today when PRA contacted me.

 

PRA have put my account on hold for 14 days as I was adamant I had paid it back (back then I was very stupid and had so many loans which I only fully repaid at the end of last year). I have checked my bank account and the only thing that has come out is £53 in Jan 2011, which apparently is interest on the loan.

 

I moved address in November 2011 but I haven't received an email, call or letter from Wonga regarding this loan until PRA called today. So my memory of things is a little hazy. But PRA are wanting £166, which they can go whistle for. I'm more than happy to pay off what I owe, that's not an issue. But given I've already paid £53, and had no contact, I'm wondering what the best course of action to take would be?

 

Many thanks in advance

[ims21]

Thread moved to the Wonga forum

[markosoft82]

Many thanks

[renegadeimp]

So this dca have contacted you? Send a prove it letter. Its up to THEM to prove a debt exists. Not for you to prove it doesnt.

[markosoft82]

Stupidly I confirmed the loan existed, and they had all the dates and reference numbers. They want me to send a statement showing the payment I supposedly made (which I can't find, so assume I never made).

 

The original loan repayments would have been £127,so I feel I should only pay that minus the 53 that was taken off me...

[renegadeimp]

Does PRA own the debt? Or does wonga?

[markosoft82]

PRA mentioned several times that the debt was sold to them, so I guess they do

[markosoft82]

To clear up what happened, they rang my parents first (I have no idea why, I haven't lived there for 12 years, and they rang me to pass on the number of the guy that rang. I called that number (and 0151 number) where I stupidly confirmed my new address, phone number and email address. Largely because I thought the debt had been paid.

 

I admitted to having taken the loan, but told him that I was sure I paid. He said he'd put the account on hold for 14days so I could send in a statement. Something I have no intention of doing.

 

He also mentioned it was on my credit file, but I had access to that at the start of the year, and it wasn't on my file at that point.

 

I'm going to state that all communication is written, however I am not paying the £166 they are asking for. The loan was initially 100,with interest would be 127 and they took 53 in Jan 2011.

 

Any advice would be appreciated, and I hope this post clears a few things up

[renegadeimp]

OK. So first, theyve broken the DPA, by communicating personal info via a third party.

 

DOnt worry about the phone call and confirming anything. They just use it so they can harass you more. Unless things are in writing, they mean nothing. Calls only means something if they are recorded, and with DCA's and PDL's, that rarely ever happens.

 

Ignore the silly remark about your credit file. This is common rubbish that a lot of companies use to scare you into paying. If its on there and PRA have added it, not wonga, then they are in trouble.

 

What you want to do now, is keep all correspondance in writing, and ensure you demand a fully itemised breakdown of the amount they allege you owe. Make sure you refer to the account as the alleged account, and alleged amount. Dont refer to it as MY account. Not yet anyway.

Even better, would be to send them the Prove it letter from the CAG library.

[markosoft82]

Thank you

 

They did mention the call was recorded, but I'll take that with a pinch of salt.

 

Given that I confirmed the debt on the phone, won't they just reply to the prove it letter with something along the lines of "you've confirmed this on X date over the phone"? I can get that letter and the itemised one both done I suppose, I'm more than happy to push them on this.

 

I checked my credit file again today, and there's nothing there at all from wonga, so that's something at least!

[renegadeimp]

If you send the prove it letter, they are obliged to provide full and complete proof. They cant just fob you off and say " We told you over the phone". You are legally entitled to deal with your financial matters in writing, therefore they must provide proof upon request.

[markosoft82]

I'll get that sent recorded delivery straight away then

[markosoft82]

Having actually looked at the Prove it letter, it might not be suitable in this case. Unless the Prove letter will likely make them provide an itemised break down. What do you think about sending a CCA request with a specific amendment to ensure they send the credit arrangment and the break down?

[fletch70]

Hi

What is needed to comply with a CCA request is laid down in law so I can't see anypoint in asking for more under that. All they need to do is provide the current balance and agreement +T&C's

 

I can see no issue with asking them for a complete statement although they might write back and ask for £10 for a SAR request