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Wonga apply default, then remove, then add again

dwy1981
dwy1981 Posts: 7 Forumite
Hi All,
Got a loan from Wonga (lesson learned). Had some problems paying back the loan therefore entered into a re-payment plan. I realize that this is defaulting, however I was never advised that a default was placed on my credit file until last month when I checked my Experian Credit Report. I wrote to them requesting that they send me a copy of the issued default. They apologized (in their own way) for placing the default and advised that this would be removed immediately. They did remove it – 2 months later the default is placed again on the credit file without any warning.

Do I have a case here or is this allowed?

Any advice would be gratefully received :)

Thanks.
DW
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Comments

  • happy_bunny_2
    happy_bunny_2 Posts: 4,488 Forumite
    Sometimes, it will be recorded as arrangement to pay instead of a default, as that's what you did.

    You should have received a default notice? If you didn't, also grounds for complaint, as effectively they haven't told you they were going to apply a default.

    Just complain, in writing, sending the evidence you have. Presumably they sent you an email telling you it would be removed?

    Have you settled the full amount now?
    :beer:
  • dwy1981
    dwy1981 Posts: 7 Forumite
    Hi,

    Thank you for your reply. Yes, I have all the documentation and have sent it to them, however I am failing to get any response from them which is very frustrating. Their customer service is about the worst I have came across.

    The account is not fully settled......

    And, I'm also querying the excessive charges they have added to the account.

    TOTAL RECEIVED FROM WONGA - £381.00
    TOTAL PAID SO FAR - £375.00
    TOTAL “STILL” OUTSTANDING - £487.96

    Basically for a £381.00 loan I have to pay £862.96 which I think is quite harsh :mad:

    You live and learn. :)

    DW
  • happy_bunny_2
    happy_bunny_2 Posts: 4,488 Forumite
    Did you email them? When?

    Send it in writing, signed for, and tell them that if they do not respond within 8 weeks from your original complaint then you will refer to the FOS. Say you are following up your earlier complaint (by email?)

    Actually, they are supposed to respond to complaints promptly, say 14 days and include a copy of their complaints process.

    So nothing after a month, give the FOS a call anyhow, they might be able to hurry them along.

    Thought with all the bad press they would be trying to get their act together...
    :beer:
  • dwy1981
    dwy1981 Posts: 7 Forumite
    I have been sending the messages, reminders for weeks (via Email). Although I stated I only wanted to discuss this issue in writing - I still get a generic Email signature stating "we think this would be better discussed over the telephone", I then reply again repeating myself, then I get another Email stating that "we believe this complaint is now resolved" I sent them an Email stating that I wanted their final response. I also sent this to Errol Damlin - CEO :). However I will take your advice and send recorded delivery also and then contact FOS.

    I agree, they should be trying to keep their nose clean after the mess they are in. I am not exaggerating in the fact that it is the worst customer service I have ever seen.

    Do you think that FOS will take action against the charges also?

    I honestly did think it was illegal to impose defaults without informing the client.

    DW
  • happy_bunny_2
    happy_bunny_2 Posts: 4,488 Forumite
    Should not file a default without issuing a default notice as far as I know.

    Why not give the FOS a call before writing to Wonga? They may call them on your behalf.

    Make a bullet point list of events, communications sent and received before calling. Can also ask about excessive charges.

    Good luck

    HB
    :beer:
  • dwy1981
    dwy1981 Posts: 7 Forumite
    I will call them, can't hurt :)

    I have a timeline of correspondence already.....and thank you for your advice. Much appreciated.

    DW.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The account is not fully settled......

    You've spoken to them so you fully aware that the account is in default.
    dwy1981 wrote: »
    I will call them, can't hurt :)

    I have a timeline of correspondence already.....and thank you for your advice. Much appreciated.

    DW.

    Hardly going to make any difference to your credit profile whatever the outcome.

    Time would be more more constructively used trying to find ways of clearing the debt owed. Rather than arguing over technicalities.
  • Apples2
    Apples2 Posts: 6,442 Forumite
    I agree the Default is a bit of a moot point.

    The loan is still outstanding and probably still attracting additional fees (have they agreed to freeze interest/charges?)

    Your credit file is continuing to be hammered. The Default is simply one bad mark against many others, you won't be getting any headline rates for anything for a long time to come.

    They may well remove the previous Defaults, then send you a default notice and correctly apply it next time.
    You would have been better off leaving the first one in place as it will fall off your credit file earlier than any later ones.

    Your focus should be to clear the debt, not going into a tizz about something which is irrelevant.
  • happy_bunny_2
    happy_bunny_2 Posts: 4,488 Forumite
    The default notice gives you the opportunity to rectify the situation, so if they issue a new one, the OP has a chance to pay.
    :beer:
  • Apples2
    Apples2 Posts: 6,442 Forumite
    The default notice gives you the opportunity to rectify the situation, so if they issue a new one, the OP has a chance to pay.
    Can we not take a wild punt and assume OP is not sitting on (or has access to) a pile of cash he could use to repay his loan and avoid a Default?
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