Payday Express

chuckley

OP report ur card lost and they cant take any more. cancel all D/D/'s and move to another acc. ull never hear from PDE on paper, they'l DCA it @ most, but they wont be on ur credit report anyway.... hence y they never contact u by letter, they know u wont have to repay it. ignore all PDL charges, let them rack it up to whatever. They'll NEVER enforce the repayment, nor will a DCA.

Hopeful1

I've just had a flick back through my emails. It was 2007 (:eek:) when i was dealing with them, so i don't know if there are changes in legislation. Here's what i wrote anyway:

THIS DEBT IS NOW IN DISPUTE

I made a request for a statement of account nearly 1 week ago, yet I still have not received it either via e-mail or through the post. The Office of Fair Trading considers such action to be unfair busines practice:

Communcation 2.2 e
failing to provide debtors or creditors with information on status of debts, for example, not providing requested balance statements when reasonably requested.

According to my records, although the credit limit was stated to be 300.00, only 240.00 was transferred into my account in February. This means that in effect I have made the following payments for receipt of 240.00:
6 x 60.00 = 360.00

I believe, therefore, that my offer of a further 100.00 as a full and final offer is fair. In accordance with the Consumer Credit Act Section 138, to pay any more would constitute an extortionate credit agreement.

I have quoted the relevant points from the Act below:

138. (1) A credit bargain is extortionate if it –

(a) requires the debtor or a relative of his to make payments (whether unconditionally, or on certain contingencies) which are grossly exorbitant,
or
(b) otherwise grossly contravenes ordinary principles of fair trading.
(2) In determining whether a credit bargain is extortionate, regard shall be had to such evidence as is adduced concerning –

(a) interest rates prevailing at the time it was made,
(b) the factors mentioned in subsections (3) to (5), and
(c) any other relevant considerations.
(3) Factors applicable under subsection (2) in relation to the debtor include –
(a) his age, experience, business capacity and state of health; and
(b) the degree to which, at the time of making the credit bargain, he was under financial pressure, and the nature of that pressure.
(4) Factors applicable under subsection (2) in relation to the creditor include –
a) the degree of risk accepted by him, having regard to the value of any security provided;
(b) his relationship to the debtor;
(c) whether or not a colourable cash price was quoted for any goods or services included in the credit bargain.

I now require you to respond by e-mail to confirm that you will accept my full and final offer of 100.00 as settlement of this account.

Whilst this debt is in dispute, I DO NOT give you permission to attempt to debit any funds from any card or bank account details that you hold, until this matter has been satisfactorily resolved. (Unfair Debt Practice Section 2.8 k)

Please ensure all contact is in writing only (preferably e-mail). I will not discuss any matters with your company on the telephone. Any calls will be deemed as harrassment.

If this matter cannot be resolved satisfactorily I will not hesitate to make a formal complaint to the relevant authorities.

I await your reply


If you have a relative or friend who can act on your behalf, that may be a good idea. These situations can be so stressful. You need to focus on your recovery. Got my fingers crossed you can resolve this soon.

chuckley

they wont respond. ignore their calls and await a DCA letter (if u ever get one), then ask the DCA for a CCA, which they wont have...

Hopeful1

chuckley wrote: »

they wont respond. ignore their calls and await a DCA letter (if u ever get one), then ask the DCA for a CCA, which they wont have...

I know it was a while ago but they did respond and did accept my offer.

I am one of those people that needs to find a resolution asap and i find it hard not to do something! We all have different ways though.

chuckley

just make sure u dont give them ur new card details.

iluvmarmite

I have had dealings with payday express and owe them money from Dec last year before losing my job.
First of all they wont send anyone round your house, I have been threatened with that twice from them, no one turned up, its just a scare tactic and if you have a letter from them stating that then keep it incase you get in touch with OFT.

They refused point blank to accept a payment plan from me and it went to a debt collection agency who I offered £20 a month to, they refused and said they wanted £100 a month, I told them where they could go and after then she said ok they would accept the £20 a month but only if I paid by debit card and she wanted my new debit card details there and then, I politely told her where she could stuff her request as Im not stupid and I know they would just clear out my account and I would have no proof she said it was ok to pay £20 a month, I told her I would send them a postal order each month like it or lump it, so never ever give them bank or debit card details.

She also said I would get daily phone calls untill I had paid all the money off, I knew something like that would happen so before I phoned them I put 141 before dialing their number so my number would not show up, Im ex directory so they cant get my number through the phone book or a directory service, I told her I was not on the phone and was using a friends phone and would not give the number, I also said I couldnt afford a mobile, so the only way to get in touch is by letter.

I told her that I had been in touch with OFT and they are NOT ALLOWED to clear out a bank account that contains benefit money, they are not allowed to clear out a bank account if it means leaving someone with no food, no money to pay rent and no money to pay for the basic daily needs, she said they had no intention of doing that, but of course thats a lie.

If they do clear out your account leaving you with nothing phone OFT and explain that you have no money to feed your kids or pay your rent ect, they will advise you to get in touch with the payday company and say this is the case and you want a percentage back or you will persue the matter further and the OFT will be involved as its not allowed. Before anyone says the same old thing, its their money they can do what they like THEY CANNOT, they cannot leave anyone penniless, they cannot take an unreasonable amount, they cannot try every 5 mins taking various amounts untill they clear you out, they CAN take the amount you agreed in the first place when you signed the contract, eg if you borrowed £100 and the payment back was £150 and thats what you signed for, then they can legaly take the £150, if you havent paid and the interest and made the payment shoot up to £400 or so they cannot take the whole £400 all at once and should agree a payment plan.

ampafc

I am also in a difficult situation with this company. They have refused to acknowledge my offer of a repayment plan, which would have seen them make £120 profit from me, over a total of four months, for issuing a £160 loan. They are horrible people.

fozmcfc

ampafc wrote: »

I am also in a difficult situation with this company. They have refused to acknowledge my offer of a repayment plan, which would have seen them make £120 profit from me, over a total of four months, for issuing a £160 loan. They are horrible people.

I guess they were lovely people when you took their money though

I guess they think customers who don't keep their end of the bargain to pay it back as agreed are pretty horrible too.

ihateyes

fozmcfc wrote: »

I guess they were lovely people when you took their money though

I guess they think customers who don't keep their end of the bargain to pay it back as agreed are pretty horrible too.

im sure they think their customers are scum even before they lend money...

i remember the names Yes Car staff reffered to their customers as, shame they done this on a BBC undercover whoch resulted in their closure:beer:

ampafc

fozmcfc wrote: »

I guess they were lovely people when you took their money though

I guess they think customers who don't keep their end of the bargain to pay it back as agreed are pretty horrible too.

They are getting back more than double what they originally would have got - so they are doing VERY well from me. Thanks for your input though.