Need all the help I can get please!

Debt_Free_Guy

Okay cheekylu, here's my thoughts;

1. Firstly I have total admiration for you and your partner as you are both clearly trying to work your way out of debt, despite the gravity of the situation.

2. You'll get through this. It may not feel this way at the moment but YOU WILL I promise.

3. Can you get your CV out to any other employers at the moment, to try and secure some more work. I know it's not easy, but as an ex recruiter myself you may be surprised to find that there are more companies interested in you than you think. Try uploading your CV to sites like http://www.monster.co.uk also trying speaking to some local employment agencies.

4. Have a browse on http://fiverr.com. Please note that this is NOT an affiliate link and I have no promotional connection to the site. But it's a site where you can list very simple things that you are willing to do for $5 (about £3.65). It's a quick cash earner, that you can do from the comfort of your own home in the evenings or around your current working hours. For example I've got paid for a few jobs by having critiqued someone's CV for $5. One of my friends makes £15 per week just by recording stupid birthday messages in a funny voice. It takes him 2 mins for each one.

Think of the skills you have between you as a couple and come up with something creative. It's a a lot of fun and might a) provide you with a small amount of additional income which could make a difference and b) You might have fun doing it together and take your mind of your debt difficulties for a short time.

Just trying to thinking creatively around this one for you, all the very very best to you and your partner

cheekylu

I will try and speak to my accounts dep but they aren't so easy to get hold of, plus I need that money so a cheque would take about 5 days to clear?

No her parents is really overcrowded its a 2 bed with her mum, dad, sister and 3 kids so you can imagine. Plus it isn't close to work.

Eyeopener will the bank definitely cancel? As I've been told before they have no way of stopping them from taking it?

Willing2Learn

Hello again!

I give a link in my earlier post on OFT Guidance on CPAs (Continuous Payment Authority) and rules for cancelling authority. You may have missed it, given how I tend to ramble on and on....Anyhow, here it is again OFT Principles for use of CPAs


Take at look at this article from moneyaware

Once you’ve told the bank to cancel the authority, it becomes an ‘unauthorised transaction’ and the bank shouldn’t make any further payments. If the bank does make a payment they’re in breach of the PSR and you’re entitled to an immediate refund (or slightly later if it’s a credit card payment).

The banks have now accepted this as their obligation under the PSR. Unfortunately the technology isn’t in place yet for the bank to be able to stop the payment if the payday lender requests it but the bank must still re-credit you with the payment.

Also, read this article from the BBC on problems getting banks to comply. These problems are why you should directly refer to FSA Payment Services Regulations (2009) and OFT Principles in your written letter to your bank withdrawing authority. You can also do this on the 'phone but should still put a hard copy in the post.

Willing2Learn

FYI, Here is a quoted section directly from Payment Services Regulations (2009) - Part 6 reg55, 1-4

Consent and withdrawal of consent

55.—(1) A payment transaction is to be regarded as having been authorised by the payer for the purposes of this Part only if the payer has given its consent to—

(a)the execution of the payment transaction; or

(b)the execution of a series of payment transactions of which that payment transaction forms part.

(2) Such consent—

(a)may be given before or, if agreed between the payer and its payment service provider, after the execution of the payment transaction; and

(b)must be given in the form, and in accordance with the procedure, agreed between the payer and its payment service provider.

(3) The payer may withdraw its consent to a payment transaction at any time before the point at which the payment order can no longer be revoked under regulation 67.

(4) Subject to regulation 67(3) to (5), the payer may withdraw its consent to the execution of a series of payment transactions at any time with the effect that any future payment transactions are not regarded as authorised for the purposes of this Part.

Source: legislation.gov.uk

I believe this is the applicable of the regulations I have quoted, but I could be wrong.

cheekylu

Willing2Learn wrote: »

FYI, Here is a quoted section directly from Payment Services Regulations (2009) - Part 6 reg55, 1-4



Source: legislation.gov.uk

I believe this is the applicable of the regulations I have quoted, but I could be wrong.

Could you tell exactly what I should say to the bank when I ring them today? As I'm not good at these things and I really don't know what to say, I obviously want to make sure Wonga does not go out of my account that is the main priority, so what exact way of saying it will make them definitely stop it?

Willing2Learn

It's very difficult to suggest things to say as there is no way of knowing the course the conversation will take. Please remember too, that I am not a legal advisor and have no relevant training.

If it was me, I would be doing all this in writing and cross-reference amendments made to the Payment Services Regulations last year.

If you have to do this by phone due to time-scale then I would take notes first to make sure I have prepared notes written down in front of me before the conversation starts. It's easy to otherwise get sidetracked and to forget to say something important without notes.

Use this letter template for the basis of the conversation and obviously for the letter you send.

If they are not playing ball then complain. Ask to speak to a manager. You must also send them a letter.

The basic points that you need the bank to be aware of are:

• That you withdrew consent for the payments to Wonga by notifying the bank on {date XXXX}.
• The notification was made in accordance with Payment Services Regulations (2009)
• The regulations state "the payer may withdraw consent at any time" and "the payer may withdraw its consent to the execution of a series of payment transactions at any time with the effect that any future payment transactions are not regarded as authorised"
• Any payment made becomes an ‘unauthorised transaction’ and if the bank does make a payment they’re in breach of the PSR and you would be entitled to an immediate refund

Please remember, this is not legal advice.

cheekylu

Please help I just rung the bank and they said because its a debit card transaction they cannot cancel it only if it was a direct debit. They said even if I was to put a block on my card wonga can still try and take payment and they can't guarantee stopping it, they basically said there is nothing they can do and I signed a contract with wonga so I have to pay it. Now I am even more worried I don't know what to do I can't let wonga take payment I won't have enough for my rent.

Willing2Learn

cheekylu wrote: »

Please help I just rung the bank and they said because its a debit card transaction they cannot cancel it only if it was a direct debit. They said even if I was to put a block on my card wonga can still try and take payment and they can't guarantee stopping it, they basically said there is nothing they can do and I signed a contract with wonga so I have to pay it. Now I am even more worried I don't know what to do I can't let wonga take payment I won't have enough for my rent.

You should ring back and ask to speak to a manager/supervisor. I believe they are misinterpreting the regulations and would be in breach of the PSR. I don't believe the PSR differentiates between a credit card or debit card.

Report the card lost. Would you be able to transfer the salary at midnight from your account to a different account before Wonga? Are you able to close the bank account immediately? Any wages paid to that account would then eventually be returned to your employer who could issue a cheque instead.

FatVonD

cheekylu wrote: »

I will try and speak to my accounts dep but they aren't so easy to get hold of, plus I need that money so a cheque would take about 5 days to clear?

It will but the difference might be that you pay your rent 5 days late or not at all?

I'm no expert regarding what course of action you should be taking but if you want to stop the money going into your account then you need to speak to your accounts department soon or it will be too late (I think banking business day ends at 3.30pm?)

Once that's all sorted (and advising the bank not to pay the PD loans) you really need to get over to the benefits board where they'll be more able to advise you what you might be entitled to. I suspect the low amount you've been quoted is because (of your age) you will only get enough benefits to enable you to pay for a room share in a house and not to rent your own flat. Is that something you would be prepared to look into?

cheekylu

Hi thank you for your quick response.

I was thinking about transferring it as I don't think wonga try and take it till 5am but then what would I do about my other debits going out? And would wonga take the money and make me go overdrawn or whatever it's called. I'm with natwest so the money doesn't go in until 2am but I could try.

As for the psr I quoted that to them and again he said they can't do anything about a debit card transaction and that it's a sticky situation so I really don't know what to do.