Help needed asap

[Nic]

Hi all! Me again I'm enquiring on behalf of my MIL she borrowed money from wonga last year and went into default with it with a balance of 620 pound she arranged to pay 50 a month 7 months down the line she still owed 450 pounds so stopped paying them however they go in as and when and take money out of her account so she cancelled her current card and was re issued a new card and checked with the bank and there was no direct debit set up However they have still taken money out since what should she do she isn't disputing she owes money but basically wants to set up a new payment plan with them but doesn't want them to keep taking money as and when they feel like it and the debt doesn't seem to be going any advice what steps we should do to set up a plan where this debt actually is paid thanks

[bluebottle]

Re: Help needed asap

Wonga isn't exactly best friends with the OFT. The first thing to do is obtain a full and up-to-date Statement of Account from Wonga. This should show details of payments made, interest charged, etc.. Do you know if your mother-in-law has a recurring card payment arrangement with Wonga? This is one reason why they are dipping into the account when they feel like it. If your mother-in-law has agreed £50 a month with Wonga, that is what should be happening.

It would be wise to write to Wonga and give them the opportunity to explain why a £620 outstanding balance has reduced to an outstanding balance of only £450 when payments of £350 over seven months have been made. When I went to school, 620 - 350 = 270. Wonga need to explain this. I would only give them 14 days from receipt of your letter. Send it by Recorded Delivery.

Should you not receive a satisfactory or no response from Wonga, then you should report this to your local Trading Standards Department and the OFT's Credit Fitness Team. To make a complaint to the Credit Fitness Team, send an email to enquiries@oft.gsi.gov.uk, putting the words CREDIT FITNESS in the subject box of your email. This will ensure it is forwarded to the Credit Fitness Team. What the Credit Fitness Team do is determine whether an individual or company is fit to hold a credit licence under the Consumer Credit Act 1974-2006. Trading Standards carry out investigations and enforcement.

Your local Trading Standards Department may be able to help you sort this out, but with Wonga's history, I would be inclined to put the OFT Credit Fitness Team in the picture as to what is going on as well.

[Nic]

Re: Help needed asap

I don't know if she has agreed a recurring card payment and she probably wouldn't know either shes not very good at these things ( even if she has surely the fact she has a new card with different card number would've stopped that) any idea if there is a template letter I can use or what it should say? Should I also for example give them 14 days to send the statement out to her? any idea where I would find the a dress to send the letter to? Sorry I'm abit useless on these things but am glad I have legal beagles to help me thanks

[Nic]

Re: Help needed asap

I don't know if she has agreed a recurring card payment and she probably wouldn't know either shes not very good at these things ( even if she has surely the fact she has a new card with different card number would've stopped that) any idea if there is a template letter I can use or what it should say? Should I also for example give them 14 days to send the statement out to her? any idea where I would find the a dress to send the letter to? Sorry I'm abit useless on these things but am glad I have legal beagles to help me thanks

[bluebottle]

Re: Help needed asap

I've produced a template letter for you to send to the Chief Executive of Wonga.com Limited, along with the necessary Authority to Act and Authority to Disclose Forms. This will enable you to deal with the matter on your mother-in-law's behalf. I would strongly advise your mother-in-law to print her name on the two forms and not sign it with her normal signature. This is to prevent forging of signatures if a copy of an agreement under the Consumer Credit Act 1974-2006 has to be obtained from Wonga. At this stage, it won't be necessary to obtain a copy of the agreement as you need to find out what is going on first. Once it is established exactly what is going on, then it can be decided if it is necessary to obtain a copy of any agreement.

[Nic]

Re: Help needed asap

Fabulous thank you I'll post back once I get a response from them I may just get her to do it in herself but basically I'll do all the work for her I don't want these people having my details will this letter make them send a current statement of account?

[bluebottle]

Re: Help needed asap

If you ask for a Statement of Account, they have to provide you with one. If they don't or refuse, that's when you start rattling the OFT's and Trading Standards' cages.

[Nic]

Re: Help needed asap

Ideal thanks is it worth me adding into the letter for them to put account on old why an acceptable re payment plan is put in place

[bluebottle]

Re: Help needed asap

I would find out what is going on first, then, if need be, the account can be put on hold whilst matters are sorted out. Going by Wonga's past history, finding out what is going on is the first priority.

[Nic]

Re: Help needed asap

Right ok will send off the letter asking for statement of account

[miliitant]

Re: Help needed asap

CANCELLING A CONTINIOUS PAYMENT AUTHORITY WITH YOUR BANK


The payday loan firms will say this is not possible, but it is - in accordance with Regulation 55 of The Payment Services Regulations 2009:

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.

This means that you can simply ask your bank to refuse the payments, it is also good practice to let the lender know too.

So, if you would like your creditor to stop trying to take a payment all you need to do, in theory, is to inform them that you remove their authority. It's probably better to do this in writing and via recorded delivery - if possible.

You can learn more about your rights via the following fsa guide:

http://www.fsa.gov.uk/static/pubs/co...ghts_guide.pdf see page 15

And

http://www.fsa.gov.uk/pubs/consumer_...s_payments.pdf

[Nic]

Re: Help needed asap

Shall I add that into her letter then and also get her to tell her bank

[Nic]

Re: Help needed asap

Any idea where I need to send the letter to?

[Nic]

Re: Help needed asap

letter all ready to go apart from loan reference as to get that i have to email there customer services its nowhere to be seen on her online account neither is a statement of any sorts so i shall send an email requesting that then get the letter sent asap also is it ok that her name is typed and not signed?

[bluebottle]

Re: Help needed asap

Firstly, this is a legal matter and should be in hard copy written form, not an email. I find it rather odd that your mother-in-law has not been told what her account reference number is. I have been doing a bit of digging and find that Wonga do not have a very good record with the OFT. If Wonga do not respond to the email you are going to send requesting her account reference number, I would ring your local Trading Standards Department straightaway and send an email to the OFT's Credit Fitness Team. Give a clear and concise resume of your concerns.

Secondly, your mother-in-law's signature should be either computer-generated, using a script font, or she should print her normal signature, not sign it. This prevents Wonga forging her signature on any documents by doing a cut-and-paste job.