Could you help me please. "Indemnity claim"

Aberystwyth

Hello whom ever is reading this, it took me quite some time to even consider posting on here to ask for help, but I see other people are doing it so I'll give it a go! I know some of you may judge me but hey... that's life.


Basically I took a loan out of a website called "Paybreak" I owe them about £500, they started taking the payments out on the 15/march ... They didn't sent me a warning or anything, therefor I canceled the direct debit because I thought it was quite rude how they did not send me a letter (Although I'm aware of which month it was being taken from I didn't know the date it's self!)


15 Mar 2013 D/D PAYBREAK LTD , INITIAL PAYMENT - 65.36 -£53.30

I've now had my jobseekers, and also child support & so on sent to my fianc!es account due to the matter of this company getting me "OVERDRAWN" and if any money goes into the account which I'm negative balance with they will take them money and I'll lose it.

I'm emailed the company telling them I'm going through a crises... I'm 20 years old, with two young children... on job seekers, also paying back water debt,electric,and gas debt. They are going to come first before this "Paybreak" due to the matter of I'm not going to make my kids go without...


This is the email I sent them & I hope they don't take it wrong.

I'm not quite sure whether this is the email address I registered on paybreak.com or not (It may be, it may not be, but this is now my new email address)
I recently borrowed money from you guys (Your company Paybreak) Which I am very grateful of unfortunately I cannot afforded to pay this back ( at the rates I’m paying now ) I know I agreed to this, but there is a crises in my life at the moment, I’m not refusing payment... I’m asking you guy’s If you would consider giving me a break, or accepting low biweekly/monthly payments.

I’m 20 years old, living with my Fianc!e & two of my children, I’m on job seekers allowance ( Also getting that deducted due to owing “BUDET LOAN” I owe money to my waters rates, also my gas company and electric company too! I really cannot afforded to pay this I know I probably come across so ungrateful writing this email but It’s come to a point where I can’t just ignore/Forget about these problems I need to do something about it. I don’t want to mess around with you guy’s I don’t like “OWEING” money out... I will indeed sort the money out.

There’s one thing I’m really quite disappointed with
You took out money from my account on the 15/mar/2013... This day, was my songs birthday.
I did “NOT” get a letter from you confirming that you was going to take this out... It has now put me overdrawn with my bank, and also now the bank is charging me £6 a day. So already I owe “£167.30” to the bank.
Which is stated here: 15 Mar 2013 D/D PAYBREAK LTD , INITIAL PAYMENT - 65.36 -£53.30
It came from this account "*****************" Which is ofcourse mine.


I’ve contacted my bank about this matter, and because I did not get a warning from you guys, I cancelled my direct debit with you guys.

I’ve also been told to do a “direct debit indemnity claim” against you guys. ( Don’t take it personally ) but if I don’t do this my account will never get out of a “NEGATIVE zone” I had no money in my account when you took it out, which has now left me overdrawn... paying £6 a day to the bank...

I will be doing a indemnity claim, because I did not get a letter through the door it would of been nice to have a warning atleast.


Regards, Will. P.S I would like to work a payment schedule with you guys when I’m sorted.

I've just got off the phone with natwest banking, and because I wasn't noticed about the date they was going to take the money out I could do a
"direct debit indemnity claim" I really don't know how this works and what my rights are. I've tried looking around on wiki ect... but I'd prefure
if someone could put it into easyier words that I can understand.

grumbler

Aberystwyth wrote: »

...I'm emailed the company telling them I'm going through a crises... I'm 20 years old, with two young children... on job seekers, also paying back water debt,electric,and gas debt. They are going to come first before this "Paybreak" due to the matter of I'm not going to make my kids go without... ...

You can't be serious. Their business is to lend you money and to get it back with the interest, not to help you when you are in hardship.

That said, if they really have not informed you about the date of the DD you can call your bank and ask for an immediate refund: http://www.bacs.co.uk/Bacs/Businesses/DirectDebit/Collecting/Pages/CustomersRights.aspx

However, I suspect that in fact your were informed about the date and the amount when you borrowed the money and gave your bank account details and the permission for the DD.

grumbler

No paperwork at all received when you've got the money?

Gizmo247

Admittedly, their website does show they have a non-standard payment scheme. i.e.

- Start re-paying in 1 - 3 months
- Repay over 3 - 12 months

So the repayment commencement may not be crystal clear. I would check your agreement.

Aberystwyth

@ Grum They paid for a item for me, I suppose if they really want there money back they can come pick the tv up from me. It's all online I got absolutely nothing through the post "Apart from the 3D TV ofc"


@Gizmo I did sign a electronic? agreement, It would of had the date on their, but as I didn't take note of it I don't remember.... but this was months before the scheduled date. ( Can I claim because they didn't remind me? Either by email, nor post.


Sorry if I'm sounding natty... I really don't mean it at all.

grumbler

£500 TV @39% APR?! I think it's time to start judging...

McKneff

oh dear, a banning coming up me thinks.

McKneff

Aberystwyth wrote: »

@ Grum They paid for a item for me, I suppose if they really want there money back they can come pick the tv up from me. It's all online I got absolutely nothing through the post "Apart from the 3D TV ofc"


@Gizmo I did sign a electronic? agreement, It would of had the date on their, but as I didn't take note of it I don't remember.... but this was months before the scheduled date. ( Can I claim because they didn't remind me? Either by email, nor post.


Sorry if I'm sounding natty... I really don't mean it at all.

They don't meed to remind you, why should they, its your responsibility to remember. So whose fault is it now then.
You would do well to either edit or remove your abusive post too.

pqrdef

The deal with the indemnity is that you are saying to the bank that the payment was taken in error, and if the bank puts the money back, it's ok by you for them to take it out again if it turns out that the payment wasn't taken in error.

By which they mean, if they can't get the money back from Paybreak, which they won't, then they'll just take it back out of your account, without warning, and if it isn't there, then you're back with the massive overdraft charges.

It might buy you a few days, which at £6 a day is worth having.

Get some advice. You could try the CAB threads on this forum. In your situation, I doubt if there's much the gas/electric/water people can do if they have to wait for their money, whereas banks and lenders will screw you into the ground.

Aberystwyth

@McKneff A banning coming up? For what, All I've asked is for a little bit of advise.

@grumbler Yes, well you see... I didn't want to let me son down, it's no fault but my own that I'm in this state. Judge all you like, I really couldn't give a monkeys!

@pqrdef I've contacted my bank, they have froze the "£6 a day" for a month, they want me to put £67.30 into the account and they are willing to taker the rest away ( Which I think is quite fair, but yet again... I don't even have £67 to put in there!


@McKneff "You would do well to either edit or remove your abusive post too." What abusive post? I'm not being abusive at all.

meer53

Water debt, gas debt, electricity debt, struggling on job seekers allowance, budget loan to repay, what made you think it was a good idea to buy a £500 HD TV ?

I'm not judging, i just find it really difficult to understand your thought processes. Why not ask if you can send it back ?