Wage Day Advance

[jon1965]

Re: Wage Day Advance

BBoo thanks for that although I have to say it has gone some way over my head

I am not going to worry about it though, after the last few months they are the very least of my problems in fact a good scrap may do me good

[BBoo]

Re: Wage Day Advance

I wouldn't worry. At the end of the day it's a PDL, so it's not going to go to court. Generally people are advised to pay the sum borrowed plus one months interest.

If they want to take you to court, let them. A judge would have a field day.

[jon1965]

Re: Wage Day Advance

Well I have had a final response to my complaint and am now more confused than ever.
This was my complaint

Dear Sir

Please take this as a formal complaint regarding your recent actions.

I feel I need to make a few points

·I must point out that I am still in receipt of ESA for mental health reasons
·I rarely check my emails so it is only by chance I found all of the emails you have sent over the last month
·You have a letter (copy attached) that clearly states all correspondence should be in writing NOT EMAIL
·It appears that in 14 days you have added £400 in charges, please quantify these


I have been advised to make a formal complaint to the OFT which I will be doing once I can collate the list of emails and letters between ourselves which admit failings on your part (breach of the DPA) as well as the breaches of the OFT guidelines. I will be receiving help in putting this together from people with much greater skills than me and will also be able to advise me on what other action I should take



In the meantime please place this account on hold until I receive your full written response to my complaint.

and this is their reply

Jon - FINAL Response.doc

They have not stated why the amount has increased by £400 although they have knocked off £50 as a gesture of goodwill ha bloody ha

I am even more confused now. I can just about handle the UE side of things but these bloody PDL's I just do not know what to do next

IN his letter he says interest is capped at 2 months but that is not true, it is loan+1 months then I defaulted and now all of a sudden they have added 2 more months.
They also have a letter stating that they must contact me in writing and not email, I bet they didn't tell that to the ICO

[jon1965]

Re: Wage Day Advance

Thanks FP
It was 700 something but the balance stood at 965.50 for ages. Then they started sending me emails and a DN in the post . All for 965.50 , the last email dated 13th (same date as DN) which was headed final notice before action it had gone up to 1363.90.

I have just realised , should I treat this as a LBA or not?
As of the date of the letter the account has neither been defaulted or terminated.

The DN was dated 13th and gave me until the 27th (14 days) sent 2nd class post to pay 965.5

[jon1965]

Re: Wage Day Advance

After some reflection I am going to get that complaint into the OFT.
Even the final response did not answer all my questions
Any thoughts?

[jon1965]

Re: Wage Day Advance

Well finally got round to going to stage 2 of the complaints process which is writing to the BCCA ha bleedin ha

So done that , asked how the amount owed could go up by 400 on the same day and basically saying fuck off or make me BR. Really don't care right now. Not going there myself but if they want to it's up to them

[Never-In-Doubt]

Re: Wage Day Advance

Missing the obvious, of course, why are you even communicating? Last we spoke you were going to ignore all PDL's... literally!

Ignore means, no contact. No complaints, Nothing. Chillax. Relax. Stress Free Times.....

What have I missed, why the sudden urge to complain and moreso, why the sudden urge to write to them? Irrespective you don't really have any recourse to complain as we discussed previously. Yea they may be charging silly rates but lets not forget the basis of how the loans came about mate.

[jon1965]

Re: Wage Day Advance

Sorry Niddy this an old pdl. The last communication was 6 months ago when i said i would wait to hear from them. This is not a new pdl. Those i am ignoring totally. If you read back snv suggested i should complain to the oft.

[Never-In-Doubt]

Re: Wage Day Advance

Sorry Niddy this an old pdl. The last communication was 6 months ago when i said i would wait to hear from them. This is not a new pdl. Those i am ignoring totally. If you read back snv suggested i should complain to the oft.

Sorry mate, remember now - this is that OFT case - well done

[gravytrain]

Re: Wage Day Advance

I have been reading around and discovered some interesting ideas about challenging the enforceable of these loans, and in particular the legality of there default and extended interest charges.

If like me you were one of the ones that tried to reclaim bank charges a few years ago only to have your hopes dashed by the decision of the supreme courts, it seems that this decision does not effect the kind of charge that applies to short term high interest loans.

The supreme court held that only core or essential ancillary charges were immune from consideration under the UTCCs.
Pay day loan default charges do not fall into either of these categories, they are therefore open to challenge not only under the UTCC's but also under the proportionality requirements of ordinary contract law.

Perhaps this is a reason that they are so reluctant to go to court.

[jon1965]

Re: Wage Day Advance

Bear in mind I have had a final response from WDA but I have escalated this to the BCCA as stage 2 of the complaints process (I have the email confirming their receipt)

Today I received this email notice of assignment:
Date : 08/12/12

YOUR REF : xxxxxx

Agreement No : xxxxx

Amount Outstanding : £1,316.50


Dear Jon

Account Sold to Debt Recovery Agency

With reference to the above account which was previously held by WageDayAdvance Ltd,
we write to you to inform you that your consumer credit agreement has been assigned to
Motor Mile Finance UK Ltd.

Motor Mile Finance UK Ltd now holds the legal rights to collect the outstanding debt
under your consumer agreement. All sums owed are now legally payable to
Motor Mile Finance UK Ltd and you have no ongoing relationship with WagedayAdvance Ltd.

I would ask that all further correspondence regarding your account is addressed to:

Motor Mile Finance UK Ltd,
83 Bradford Road,
Protection house,
Pudsey,
Leeds,
LS28 6AT

Email: ascent@mmile.com
Tel: 01274 631000
Fax: 0844 7709 647

All future communication should be made with Motor Mile Finance UK Ltd and any queries
sent to Wage Day Advance will be passed onto them to deal with.

We recommend that you contact them without delay to prevent any further action to your
account.

YOU MUST QUOTE YOUR AGREEMENT NUMBER IN ALL CORRESPONDANCE

Now part of my complaint is the sudden adding of 400 charges. I received a DN dated 13/11 for 965.50 and on the same day an email stating I owed 1360. As part of my complaint they kindly dropped the amount to 1316.

Not received anything from motormouth (yet) but assuming I do what would be my next answer.
I have listed the dates on the DN in a post above so I am aware of the standard of it.
Next question would be , what sort of assignment is this or do I have to wait until MM get in touch?

[ken100464]

Re: Wage Day Advance

Oh great MMF.

Nice looking women on the website but the "if ignored every debtor will recieve a doorstep visit" isnt.

Is she just knocking or about to punch someone?

[gravytrain]

Re: Wage Day Advance

Bear in mind I have had a final response from WDA but I have escalated this to the BCCA as stage 2 of the complaints process (I have the email confirming their receipt)

Today I received this email notice of assignment:
Date : 08/12/12




Now part of my complaint is the sudden adding of 400 charges. I received a DN dated 13/11 for 965.50 and on the same day an email stating I owed 1360. As part of my complaint they kindly dropped the amount to 1316.

Not received anything from motormouth (yet) but assuming I do what would be my next answer.
I have listed the dates on the DN in a post above so I am aware of the standard of it.
Next question would be , what sort of assignment is this or do I have to wait until MM get in touch?

I do not think that a notice of assignment under the LOPA 196 can be sent by e-mail unless there a resent development i have not heard of.

Notices served under section 196 Law of Property Act 1925(LPA 1925) - EON UK Plc v Gilesports Limited [2012] EWHC 2172

[jon1965]

Re: Wage Day Advance

I get confused by isn't it covered by the CCA and not LOPA

[gravytrain]

Re: Wage Day Advance

They have to transfer ownership of the debt to another party by use of the law of property act, if the new owner wishes to enforce in the court.