wonga/portfolio ccj

[ncf355]

Re: wonga/portfolio ccj

Jon probably has it there -

If you allege unfair relationship due to the mad interest rate, it is then up to them to prove the relationship is NOT unfair and at that rate that could be a hard sell to them

However, I think the main thing is still the lack of Default notice

Basically the more 'strings to your bow' you can get, the better!

[FlamingParrot]

Re: wonga/portfolio ccj

Jon probably has it there -

If you allege unfair relationship due to the mad interest rate, it is then up to them to prove the relationship is NOT unfair and at that rate that could be a hard sell to them

However, I think the main thing is still the lack of Default notice

This may not be a valid point with a PDL because it's a fixed term loan, once the term of the loan is up - i.e. 20 days or whatever, since you can select your repayment term using the slider on the site, up to 48 days. At the end of the term, they'll be entitled to ask for the full amount, unlike a longer term loan or credit card where they can only ask for the arrears. As such they won't need to issue a DN.

Basically the more 'strings to your bow' you can get, the better!

May be worth looking into the unfair relationship side of things, whether they carried out any affordability checks, etc. whether you received appropriate contractual info when you took out the loan. The cost of borrowing is very well explained on Wonga's site with the sliders telling you exactly how much you will be paying back, however, this only relates to people who are able to pay the loan back in full at the end of the term. It would be interesting to see what info they provided with regards to:

• the consequences of not being able to pay back in time
• default charges
• rolling over the loan

[FlamingParrot]

Re: wonga/portfolio ccj

This is one of the problems with certain sites on the internet. While it may be true that wonga do not take court action if they decide to sell the debt then the new owners can and possibly will.
I am not sure how to phrase it but from what I hear a lot of the successful defences have been made on the basis of unfair relationships and the interest rates.

The Wonga site does provide a lot of info regarding interest rates, charges, etc. so that can't be said to be a problem there: http://www.wonga.com/money/how-to-wonga/

That page does seem to tell you everything, would be interesting to see if the OP has been charged something that doesn't show or doesn't match the info provided on there. :thumb:

They clearly state Representative 5853% APR. Obscene, outrageous, unf*ng believable!

But it appears to be legal...

...which is what matters when it comes to defending. :juge:

It is possible that once they know you are defending and have asked for info they may back off

That would obviously be the best we could hope for in this case. :grin:

[jon1965]

Re: wonga/portfolio ccj

I have just had a thought ( I know quite shocking!)

Some PDL's now treat their loans almost as an overdraft or revolving line of credit , I remember minicredit and txt loan do . IF this is the case with Wonga (and I know it didn't used to be) then maybe a DN would be necessary. You will of course find this out when your requests come back. As for the charges most PDL's signed up to a code of conduct that would restrict amount of interest etc.
When the CCA is returned it would be good if you could scan it and post it (minus anything identifiable) along with the terms and conditions. It may give something to go on. Alternatively if you still have the originals that would be even better

[ncf355]

Re: wonga/portfolio ccj

Irrespective of a voluntary code to set interest rate maximums etc, you can still enter the S140 unfair relationship argument as its ultimately up to a judge to decide and for them to prove it was not unfair

I'm not completely convinced PDL's escape the need for a DN, as prior to going to court they would need to terminate the existing agreement and this requires a DN, though your points about the 'Overdraft' are good ones Jon

[FlamingParrot]

Re: wonga/portfolio ccj

I'm not completely convinced PDL's escape the need for a DN, as prior to going to court they would need to terminate the existing agreement and this requires a DN, though your points about the 'Overdraft' are good ones Jon

I recall PT also saying so on a thread where the OP had also received a claim for a PDL and that argument came up.

[ncf355]

Re: wonga/portfolio ccj

Thanks FP, that's depressing, though as Jon says, if the terms of the loan were similar to an overdraft (running account)..............

[jon1965]

Re: wonga/portfolio ccj

I have had a look back through my various PDL's and although some of them have placed defaults in my file only 2 have issued anything that looks like a DN. Neither of my Wonga loans have issued them.

One of them was WDA the other txtloan
Lets hope that this one can be resolved amicably and with minimum damage

[turtleautos]

Re: wonga/portfolio ccj

hi all,
all letters were sent off last week and today got the attached back from portfolio

??????????????????????????

do i gave to check with the court that it has been put on hold or anything??




thanks in advance


opps bit big lol

[jon1965]

Re: wonga/portfolio ccj

Just checking
date on claim form 14th May?
You have acknowledged with intent to defend?

If so , defence isn't due in until approx 13th June so next stage would be to ask for an extension nearer that time if they haven't got back to you as well as chase them up.

[FlamingParrot]

Re: wonga/portfolio ccj

hi all,
all letters were sent off last week and today got the attached back from portfolio

??????????????????????????

do i gave to check with the court that it has been put on hold or anything??

You need to keep an eye on the timescales. :clock: Presumably that refers to your CCA request rather than your CPR request, they should respond to that one in 7 days, if not you can ask them to agree to an extension to file your defence. Saying it's "on hold" is not good enough when they've issued proceedings, CPR 15.5 allows an extension of up to 28 days to be agreed. Once you get their confirmation in writing or by email, it is your responsibility to forward it to the court. :thumb:

[turtleautos]

Re: wonga/portfolio ccj

hi yes that is for the cca request, have not got any thing back for the cpr request and they signed for the letter on the 21/05/14 so that makes 7 days inc weekend and bank holiday.

yes i have responded online with the intention to defend


cheers

[turtleautos]

Re: wonga/portfolio ccj

hi folks

no reply from the cpr request still and no update from the cca neither and now when i go on line and enter claim number and password it comes up as incorrect claim not found???????

[turtleautos]

Re: wonga/portfolio ccj

well still nothing from either of them, whats my next action folks only got untill friday 13th (ahhh bad day lol)

[jon1965]

Re: wonga/portfolio ccj

Can you still not log in?

I would give the court a call on Monday morning and see if they can update you