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Everything posted by mjc007.5

  1. I have recieved nothing further from these people following my email challenging the validity of the agreement between us earlier in this thread (continue to remain committed to repayment of principle loan but on terms I can afford) apart from a standard extension of loan email. On checking the OFT site their new liscence application is marked as pending and I see their website is back up. Are they allowed to trade with a pending liscense? Many thanks
  2. Share ODCs question? Did they pay?? Seriously though your version of the telephone letter is excellent, getting loads of phone harrasment and will be firing this off in several directions by post and email today!
  3. Good morning DG, Unfortunately very similar position to yourself, had my light bulb moment and trying to sort it out but very stressful. I have not heard of the company behind your new DD but generally I would think if you do not recognise it then it is unlikely to be an essential bill so cancel it. If it transpires it was one you should have/wanted to pay they will be in touch and you can make alternate arrangements (this happened to me once a few years back when an insurance company changed ownership and I had not been advised). I am sadly about to part company with my existing bank partly because they have been difficult in relation to these companies and their access to debit card (partly because they flexed their muscle with the "right of offset"). I have learned this month that you must LOOSE or report the card that they have details for as stolen, advise the bank to accept no further authority from either each company by name (or if you are moving, no further authority for anything period) and then enter into an endless round of communications and contact with them whilst you try and come to an arrangement to pay. The bank will say that card details and account details given for direct debit to these companies are effectively a continuous authority and if you argue will let you challenge any payments made but only after going through their "process" AFTER the challenged payment has gone and you have no money. Given that the same amount of hassle seems to be given if you try to make arrangements to pay versus challenging them then I suspect it might be worth going the challenge route (I am not here yet but will I suspect be so soon!). I have learned a bitter lesson here (you can probably tell) and there are probably those on here that can be more helpful but the best plan seems to be move the banking position to that which you control (so no card or direct debit available to them), advise them that your circumstances will only allow you to make a payment arrangement direct to their account by standing order, those that provide this pay them, those that don't challenge the agreement further or invite them to take further action. In the meantime take steps minimise the phone contact as they will harrass you by phone! Best of luck with it all
  4. Folks may already know this (and if so apologies!) but update that may be useful on the card front - First Direct insist that the only way cancelling a card will remove the "continuous authority" that most of the pay day lending companies set up when they have your card details is if the card is reported as lost or stolen. Changing the card because it is damaged does not do this (I wish I had known) and they have to take the payment against your authority before the bank intervene. Will not be relevant now for me as moving to basic bank account at the end of the month, However for others it would appear I am being told the only way to stop them accessing your card is to "lose" it or have it stolen!
  5. Update - First Direct's response to my challenging them over inproper use of the card/access to the account: "all card payments are a guaranteed method of payment and replacing the card does not remove that guarantee. This means that First Direct cannot block Maestro debits. Any further debits can be disputed if the retailer has been asked to cancel the agreement or treated as fraud if you have not authorised them" What an earth is going on here? This effectively means that despite my advising them that they should not allow a company to use card details that are a from a cancelled card the bank would not block fradulent use of the same!!! (which is in effect what this company are doing as permission to use the card has been withdrawn and the card cancelled). They then expect me to do the leg work to pursue as disputed/fraud once they have let the payment go? Am I missing something here? Ultimately have moved payment of salary to another bank this month (thankfully reading this) but I am astonished at the reply! Any advice greatly received
  6. Hiya - fairly new agreement (under 2 years) and so from what I read on here more likely to be enforceable. However, with what has gone on in the banking sector and the tales I have read since arriving at CAG feel worth a go at asking for the agreement at least. Will save the SAR for down the line! Many thanks :grin:
  7. Agreement was signed after 23/01/09 so think I will follow your advice and fire off a second email to them along the lines of yours. The card/bank issue is a bit sad really - have been with First Direct for around 12 years and they have generally been very good indeed. More recent times have been pretty militant and the intial response to my complaint to them was the same as yours with a tag line to the effect of "if you will deal with these firms what do you expect..." and generally patronising statments from someone who sounded about 12 about being more financially responsible! This is the thing that really grates - I know I am responsible (well mainly) for the dark place I am in at the moment but why they all focus on this rather than my trying to take responsibility for it and improve things is beyond me! Will fire off another email to them and see what I get back - many thanks
  8. Spam and fox thank you very much indeed - This site has already started to show me the way and it is very reassuring to know there are many people out there in the same boat. The really frustrating thing is that in trying to do the right thing I end up feeling worse that if I just disappear and loose contact with the lot of them!! Spam - initially intent was to freeze charges, make mininum payment and then review 6 months (this is what I asked for with no reply). I guess as they and others (Barclaycard, Citi and various payday loans) escalate their harrasment I am becoming more inclined towards a militant approach. Once I have fired of the doorstep visit letter should I be asking for the agreement or a subject access request? I have read on the site that if I ask for the agreement in a particular way I am only likely to get a copy and without a signature (will this suffice for now deciding if agreement is enforceable??). Very grateful for the help and support
  9. Newbie just starting to sort out my own personal debt mess! I have recieved correspondence from the "retail bank collections" department of the above (PO box 718 in Leeds!) ( to date I have offered token payment, no reply, requested do not phone, continued to call despite my refusing to give security details and now robot calls! , standard threat letters saying pay now, charges being added etc) which states: "IMPORTANT NOTICE" Our representative will be calling your home on:23rd June 2009 PLEASE TELEPHONE 08452000580 IF THIS IS NOT CONVENIENT! Now before I found the good people here I might have read this to mean I have a door step collector due and probably would have called them to be subjected to the usual telephone harrasment. I realise that this is the intention of the notice so will not call them but what would be the best way to play it? My initial thoughts were continue the minimum repayment, further copies of previous correspondence together with a letter saying do not visit?? (I am sure I have seen it on here somewhere but cannot find at present). Is this about right? Should I add/consider anything further? Any advice gratefully recieved (just about to fall of the edge with a number of unsecured debts and it is getting very stressful!). Many thanks
  10. Excellent and well done Duncan. I have only so far paid back around half of what I originally borrowed on a role over basis. Not sure I can go the full and final route but in light of your result what do you think to trying say £50 a month for three months? (this would total the original principle loan) - along the lines of knowing the agreement is worthless but being an honourable type etc wanting to pay back what I have borrowed?? In the meantime where do I go with fradulent testing of the old debit card? There will not be any money in there on due date (I will be starting my first month with a new bank by then!) but if the bank do not act as I have asked think I would risk some charges from them?? Have to say this is just the tip of the iceberg for me but potentially some very welcome good news so thank you very much
  11. Hiya - no expert but matching personal experience, downward spiral using one to pay back another, about to default (end of this month). Moving to parachute account to enable complete control (not sure where will be with the cheque related accounts). I have had the lightbulb moment and will pay them all back but need to control how I do this and keep a roof over the families head! The direct debit advice from Diamond girl matches my experience - I have claimed one of these back from the bank. The debit card issue is a problem (see EPDL thread) but in theory once the card is cancelled they cannot take payment (seems as well as cancelling the card you have to advise the bank to decline any further payment request by xxx company with whatever card details they hold (I do not see why cancelling the card does not do it but would seem not to be case!). Bit long winded but hopefully helps a bit! Will keep in touch as we are in very similar places with this!
  12. Good morning all - well the saga continues, have told them to swing for the new debit card details and that I am seeking advice on the enforceability of their agreement as their consumer credit license was invalid (note account still for now in order and absolutely no suggestion on my part that I will not repay what I borrowed just disputing their right to decide under what terms this will be). No reply to my email detailing this but They have taken a "test" payment against the old card details today (for 50 pence) and put it straight back again. I am annoyed with the back as this card was supposed to clearly be cancelled by them! I have asked the bank to decline any further card payment to them (I am in the process of moving to a parachute account as my non-secured financial world is about to come tumbling down around my ears - primarily because of trying to re-cycle credit and pay day loan debt and now have nowhere to go - I have had my lightbulb moment though!). I note their website is back up this morning - possibly not good although equally it still contains the out of date consumer credit liscense details?? Any thoughts or suggestions gratefully reiceved. Many thanks
  13. Fantastic, go get them Duncan. I have emailed them this morning confirm I will accept no further phone contact (bear in mind to this point the account is in fact in order and they are pursuing debit card details) and that I have become aware they have been trading without a consumer credit liscense and will be seeking advice on the impact of this in relation to their dealings with me. My question following on from this (given that I will have bigger fish to defend!) is this - do I understand correctly the impact is similar to a credit card or loan company not producing a valid and legal agreement? The monies still need to be repaid (I have always intended that this is the case) but it can be at a realistic level which I can propose and they cannot expect to add charges/further interest?? Thank you to all on here - given me hope (together with payplan and a very helpful local credit union) that there is a light at the end of the tunnel
  14. Thank you very much - sound advice and on checking the website is currently down with message (from search engine) "Due to unforeseen circumstances EPDL is unable to offer any credit at present. Please check back soon" Me thinks will respectfully advise that will continue with standing order payment for the time being (and explains perhaps why they have been excessive in pursuing card details??).
  15. Forgot to say huge thank you to O P - will be challenging them about this tomorrow when they call (whilst I am trying to sleep following a night shift!!)
  16. Good morning all - long time lurker to the site finally taking the plunge and posting! I am unfortunately exposed to this lot as well and about to find myself in difficulty with them (and others!). They have been very persistent in pursuing new debit card details (I did genuinely have a card replaced as it was damaged!) and this including leaving a message at home and work saying who they were and what they wanted! I was about to let them have new card details but might just hold off for now....
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