Wageday Advance (Advice needed please)!

happymonkey40

Hi

I am hoping somebody could help me please. I had a loan with Wageday Advance for approx £250.00. My husband has had his hours cut so i approached CCCS with regards to my debts and set up a DMP for all my creditors I also sent letters to all of them stating what i was doing. Today i have received a letter from Wagday Advance stating the following:

1)If the above debt is not repaid, or if i fail to contact them withing 7 days, they will pursue the matter by issuing a summons against me in the County Court, without further notice.

2) The summons will generate further expenses, court costs and interest and they will issue an attachment of earnings which will compel my employer to deduct payments from my wages.

3) They will instruct bailiffs to seize goods from my home.

I am worried sick now, i really dont want to call them as i know they will probably talk me into a repayment i can't afford. Please anyone, i will be grateful if anybody has any advice.

dancingfairy

O.K -it's 250 pounds you owe. I don't know how much it would cost for them to take you to court but theoretically it is possible.
It's designed to be all scary looking and make you panic but they can't just do all this willy nilly. There are processes they have to follow.
df

RAS

happymonkey40 wrote: »

Hi

I am hoping somebody could help me please. I had a loan with Wageday Advance for approx £250.00.

I assume this was not secured?

My husband has had his hours cut so i approached CCCS with regards to my debts and set up a DMP for all my creditors I also sent letters to all of them stating what i was doing.

Today i have received a letter from Wagday Advance stating the following:

1)If the above debt is not repaid, or if i fail to contact them withing 7 days, they will pursue the matter by issuing a summons against me in the County Court, without further notice.

They can threaten all they like but they have to provide a proper default letter and 7 days notice to pay up is illegal.

If the send Court papers you need to come here for advice on how to deal with it, not send the papers to CCCS.

2) The summons will generate further expenses, court costs and interest and they will issue an attachment of earnings which will compel my employer to deduct payments from my wages.

They can charge court costs (about £75). As a rule a CCJ halts all interest additions. It is the judge who decides this not the creditor.

They cannot arrange an attachment of earning unless you fail to pay the CCJ.

3) They will instruct bailiffs to seize goods from my home.

They would require court permission to do this, having proved that you have been making no attempt to pay off the debt (an arrangment with CCCS is proof of making an arrangment).

And it is almost unheard off for small sums like this.

And you simply do not have to let the bailiff in anyway, so it is a waste of their time and money..

I am worried sick now, i really dont want to call them as i know they will probably talk me into a repayment i can't afford.

First rule of dealing with creditors - do not phone them.

happymonkey40

Many thanks for your reply, do you think i should write a letter and send by registered post stating i cannot afford any more that is being offered.

ilovebanksMCMLXXXI

Hello

Have been here myself - don't worry.

These people use the words "lega proceedings" and "county court" to make you act.

I'm not saying it's wise to take out credit and then not pay but things happen - like your husband's hours being cut.

It should be fairly simple to stop proceedings.

Write a nice letter to them (be polite) and explain the situation with your husband's hours and explain how that has put you in a position where you cannot afford to repay the £250 in full.

Work out what you can afford (£200, £100, £50, £5 whatever) and agree to pay that amount each month until the debt is cleared or until your husband's hour increase again and you can pay more/or clear it in full.

Ensure you enclose the first payment - or whatever you can afford as a gesture.

If you do that it shows you are cooperating and trying to be proactive as you understand the severity of the situation.

It would never go any further in court - mainly because the company wouldn't file proceedings as you'll be offering a better deal than they'd get by seeking a CCJ.

You must contact them and you must send everything recorded and keep copies.

You'll be fine.

All the best

unhappy_with_ecar

Communication is key, as long as you keep corresponding with them and trying to reach an agreement and in doing so make a regular payment of what you can afford then they won't sue you in any event. Companies that take action have to prove to the court that they took steps to try and settle their dispute without the need for litigation. Look at the Overriding Principles of the Civil Procedure Rules on the Ministry of Justice Website. Read the general rules at the bottom of the long list of sections. If they were to take action while you were still trying to agree a solution to your problem, the Court would not look kindly on it, you would certainly be in your right to oppose any of their costs (even though they are fixed costs below claims for £5000). The Court also has the power to impose other sanctions on people who abuse the litigation process.

Ultimately though, don't worry - talk to them, pay what you can afford and they won't sue.

fozmcfc

Surely it would be easier just to raise the money.

Sell some stuff, cd's, dvd's, old mobiles and/or borrow from friends or family.

Or cut down on some stuff, like buying cheaper food, having beans on toast for a month.

Do a statement of affairs (SOA) and let members give some advice on cutbacks you can make.

grissom123

Hi
The letter that you received is a standered letter that they send to everyone, it is known as a county court letter, you should have received 2 previous email letters. They do not mean anything, they will only pass your debt on to a debt recovery agency if you have no payment plan in place and have been over due for more than 42 days. If this does go to the debt recovery agency they will contact you and arrange a payment plan, simple as that. Dont worry they like sending out empty threats.