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mjc007.5

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Posts posted by mjc007.5

  1. Hi all,

     

    Apologies if what follows is daft but I cannot seem to find an answer and although can attempt to apply common sense to this have learned from experiences already that this is not always the best way :roll:

     

     

    I have a number of CCA requests out there "pending" and having checked on the Royal Mail site who had recieved what I have a couple of queries please:

    • I understand that having sent by recorded first class post I can consider the request "served" after two days. Does this include the day of postage or two days after that? If I have their signatures from the Royal Mail site as being recieved the next day can I disregard the two days (as I have evidence they recieved sooner!)??
    • One company - Citifinancial - have a mail redirect in place on their Sunderland address. I do not yet have proof of posting confirmed - do I have to give them further time for the redirect or is this not my concern?
    • Sorry this one has been asked before (but I can find two responses to it!) - is the 12+2 days working days or calendar days??
    • I potentially have two so far where the lovely competent people at Royal Mail may have managed to loose the request (and postal order!) - if this is the case would I presume (that having pursued RM for compensation on principle) I would need to start again with my request? (I can prove sent but RM cannot prove recieved??)
    • Last one - where the company actually decline to accept the delivery (to a PO Box) - where would I go next? Details of companies house? search for their CC liscence and see if I can get a land address of there?

    Sorry if these are simple, just starting to stabilise things and begin the long walk (and fight) back and keen to get this first step right!

     

    Many thanks as always ;)

  2. Might have something here - fingers crossed! Early days in my dealings with them on behalf of Barclaysharks - CCCS are I think going to send the Barclaysharks payment to Mercers?! (they detail them on the DMP that is about to start). Not sure if this helps any (or if it means I should be worried about CCCS! :eek:).

    As BB rightly says unlike the OFT companies house actually use their teeth! :)

  3. Hello all,

     

    Sorry to hear of CW wife's negative experience with these folks and also shame to see another troll found their way here!

     

    Not much to add to the excellent advice from the folk here already - just to say having been in a very deep hole with a number of these "loans" the money shop are now the main outstanding pain! I approached the shop in good time, explained had got myself into giant hole, overexposed and intent on sorting it out, breaking the perpetual cycle of debt etc. Advised that would pay £100 immediately as goodwill gesture against the debt and remainder would be included in CCCS DMP (rather than the usual "extension" fee). Response? Targets, more than my jobs worth etc, etc, and thank you we will take the £100 as a further "extension" fee and if the one remaining cheque is not "extended" we will present it to the bank! They have duly done so last week whilst I was away with the result that my (former) bank called and threatened me with measures relating to "fraud" as our banking relationship was now terminated!!! :eek: (sorted with a detailed conversation but not happy :mad:).

     

    Main point of the above (other than to sympathise) is to say that they can present guaranteed cheques and even to a "closed" account (Bank say they cannot return it?!!). I have written to their head office but no reply to date, in theory they can present remaining cheques as have refused to destroy them or talk to me further about DMP (CCCS are on the case as well). Although not as threatening as many in this "sector" they are proving to be very stubborn indeed.

     

    And to the troll (and those future trolls out there) - if you have managed to progress through your life without financial difficulty then very well done to you and the very best of luck in staying there. The reason why people got into difficulty is not usually the point - the fact they have realised this, have decided to sort it out by paying back what is legally owed but with the help of this community are using the law and the rules to stand up for themselves along the way (which is usually more than can be said for the "financial institutions" that they are dealing with!:rolleyes:) IS the point. Just remember you might find yourself being harrased by one of these firms in complete disregard of all the rules one day and just maybe the folks here will be able to help you.....

  4. Hi Camuser,

     

    They did (with some persistance) accept a 12 month repayment plan from me but at the moment this includes their "charges" (£200 turned into over £300 in a matter of what seemed like hours! :eek:

     

    I guess best thing is to persist with the repayment plan approach and once this set you can argue the charges! I would not say they are reasonable but did respond to a consistent approach in terms of repayment plan.

     

    Best of luck

  5. Hi WVM and welcome to CAG,

     

    Only been here a short time myself but you will find this place invaluable - there are many, many folk who either are or have been where you are (or worse) and you will get all the help you need here. Also remember that one of the tactics employed by these firms is to keep you thinking in terms of failure, endlessly playing over why you got into difficulties and sometimes even focusing on telling you how foolish you are! (I have one of these conversations recorded!). Do not let them win with this - you are not a failure, how you got to the point of difficulty and arrived here is history! You have decided to sort things out and keep telling them (and yourself) that this is the only thing that matters - it is quite empowering when the first DCA backs off even a little because you won't be bullied of let them play their mind games!

     

    General principle (I think) if you are minded to go the DMP route is to look to the companies that will do this for you without charging a fee first if at possible. This means starting with payplan or CCCS. I am sure there are some good fee charging firms out there but if you can get the same for free why would you pay? I am about to embark on this with CCCS and I have to agree both payplan and CCCS are a little retiscent about you challenging your debts whilst in a DMP but I have not been discouraged from doing it and they simply wish to be kept informed (so far at least!:))

     

    I guess it will also depend on the amount of time you have (and "surplus income") after priority expenses. Payplan and CCCS will generally expect a minimum level (at least £100) and I know that is not the case with a lot of the fee charging firms. If your creditor list is fairly small and/or you have the time, you will find the resources on here to sort it out without reference to anyone else and will maintain complete control. If you have a very large creditor list (as do I! :eek:) and/or do not have the time I think DMP is the way to go BUT also challenging those that are clearly illegal or at least not operating within the rules (I have rather to much exposure to payday loan type lending so know about the extremes!).

     

    Main rule is keep it all in writing (email is okay) because they will lie and deny every agreeing anything with you, stick to realistic offers of what you can afford after priority debts (the roof over your head does indeed come first) and keep posting back here for help and support :p

     

    Best of luck

  6. Hiya,

     

    First time I have heard of any of these firms going to court as well! I suppose had to happen some time, sorry this is happening to you. As already said on here combination of excellent site team and already flawed actions by them in attempting to enforce whilst not responding to a CCA request should enable you to see this off.

     

    If they have definetly not responded to your CCA request or acknowledged that you have various complaints pending then can only be the court action can only have been filed in a fit of pique (or stupidity) because you have challenged them? :p. As well as defence posted by postggj (I have pointed this out when threatened with court action by one of these firms and suddenly agreement reached instantly to pay in instalements only what was actually loaned!) then there would also be the contract itself (not just prescribed terms but unfair terms given interest rate etc).

     

    Best of luck, keep folk posted

  7. Hiya Wills7,

     

    I can see where you are coming but I would go with Robjam's advice on this one. If they know where you are and have not been in touch to attempt further enforcement action over that period of time, particularly for a company in this sector it would seem likely they are either satisfied with what they have or have simply decided not to enforce further.

     

    If you are worried then first step might be better to check to see if there is anything adverse on your credit file. Experience elsewhere in this sector again suggests this will be unlikely. If there is anything there and you want folks to help come back and post accordingly.

     

    Certainly if you are going to sit tight have a clear idea about what you can offer them if they attempt further enforcement (always presuming they can legally collect of course) but this sounds less likely to be a problem.

     

    Best wishes

  8. For all the fact I have not always agreed with her politics it is good to see they have got themselves tied up with another formidable adversary!

     

    I have emailed her to add my two pence worth - I have to say own MP bit of a non-starter (have been in touch about some local issues and pretty useless!). Might encourage her (retiring from parliement in the next year I believe) to seek a new career bashing DCAs and the like! ;)

  9. Hiya,

     

    Limited knowledge but if the agreement is set up right (paydayloan or otherwise, prescribed terms etc) and after a certain date (others on here will be able to quote precisely ? after2007) then ticking a box on line is legally deemed to be as good as signing it :x

     

    Now having said that, with at least two of mine (so far, others are work in progress) they have been unenforceable for a myriad of other reasons and this is where you are more likely to gain success in this sector. As a responsible citizen (:razz:) I have of course come to arrangements to ensure they are paid back what was actually borrowed (minus interest, charges etc).

     

    I am beginning to think that the particularly evil and vexatious lengths that some of them go to when things go wrong are because most of them feel their agreements would be unenforceable at some level if they attempted to go to court.

     

    If you are having problems with one or more of these firms, whilst obviously attempting to repay what was actually borrowed at a rate you can afford it is worth the twin approach of investigating enforceability.

     

    Best of luck

  10. Hello folks,

     

    Just reviving the above with a little request for further direction please? I have read at great length the threads in relation to "tale of a dodgy dn" (posts by sx20, DD, AC and Pedro are particular stand outs :p) and cannot get my head around if I should be accepting the actions of Halifax or waiting for them to litigate?

     

    Brief recap - CCA is in order, but dodgy DN followed by TN (although they are still sending standard "threat" letters and have involved albion collections working "for them"). Debt is Credit Card related, no charges reclaimed to date.

     

    Initial impression on overall posts here was to go with accepting their "repudiatory breach of contract" and thus be liable for only arrears at the time of their breach (possibly offering to pay the same?) but I fear may not be reading this correctly?? If I am, can anybody point me to appropriate case law to back this up please??

     

    Many thanks

  11. Hiya,

     

    In no way an expert view (I am on a very steep learning curve with these and others myself) but I would say from you thread that you would have enough to push them to right it off??

     

    If there was not as much there it might pay to let them begin litigation but it seems to me that often the trick appears to be to wrestle control of this from the creditor at the appropriate opportunity and to my very newbie eyes I would say you have that opportunity!

     

    My natural inclination is more toward caution but I would say you appear to have these folk by the short and curlies (may be worth calcuating how much you have paid them to date as an additional card - if either they or the legal process tries to throw "debt avoidance" :rolleyes: at you then as well as all the legal argument and flaws you have deatailed you will likely be able to say they have recieved substantially more back than you spent!).

     

    I am sure there may well be more experienced folk along with a contrary view but my two pence worth for starters!

  12. Hi Yorkmackem,

     

    It is okay to express a positive opinion - does not mean you have to work for them!

     

    Your positives would be contrary to the experience of many (rather like DCAs) but good luck to you - if you are using it for a short term problem and can 100% definetly pay back when due or before then as you say they are potentially one of the better amongst a bad lot in this sector!

     

    Main thing I think is to have a "what if I can't pay it back ...." plan (without getting another loan as one of the solutions). I started my decent into chaos and despair in this sector certain I could pay one back before it was due :eek: and none of them are in any way forgiving when "stuff happens....."

     

    All the best

  13. Hi Toadface,

     

    As Bub says I think main thing is just keep replying with what you can afford. Ideally if not already you want their bank account details to pay by standing order (postal order if you have to) but not cheque, direct debit or card payments - they will clear you out.

     

    Phone contact - the template letter on this site amended to suit - as long as you are making an offer to pay and keeping in touch (by email in this case) you are within your rights to insist on all in writing (and indeed can present this as being to their advantage as well so there is a record of what the naughty debtor has done ;)). Practical steps would include using an internet based line that they can only leave messages on (you can therefore log calls and ignore), on the mobile setting all the numbers in their own contacts group (suitable ringtone for all so you know when to ignore - imperial war march from star wars here but amend to taste) or if you can afford it the truecall (not able to myself but reviews are rave!).

     

    On the numbers you give looks like they are effectively either attempting to make you pay charges then the loan principle or worst still extension fee and charges (both of these a serious no no - customer has advised in difficulty, attempts to arrange repayment plan and gets told not acceptable but you can extend the loan!). I think complaints will be in order to relevant bodies (FSA, Trading standards ? others) and a CCA request (followed by dispute of charges, request for complaints procedure).

     

    Main thing will be stick to your proposals (no formal authority will give them more if you have done a viable I&E), no phone contact (unless confirming you are getting what you want - even then followed up in writing) and do not let them have any bank details (you control the repayment method and amount).

     

    Keep at them ;)

  14. Hello Hugh J,

     

    You are going to need a level of professional advice as you have some very big decisions in front of you - whilst this may ultimately be a solicitor you should start with any or all of the following - payplan, CCCS or nationaldebtline. Their advice is free - general feedback if you look around the site is very positive (www.cccs.co.uk or www.payplan.com or www.nationaldebtline.co.uk).

     

    Now at a laymans level you appear to have three viable options (carrying on as you are particularly with the impact on your health is not one of them). You can go with a DMP - one of the above will run this for you at no charge, and as per my previous post whilst this will take forever you are likely to get clear and probably hold on to the house (BUT you must base your I&E on realistic working hours which it does not sound like you are doing at present). You can go with an IVA - more complex but if all creditors agree (and you stick to it) you usually keep the house (kind of a middle ground between DMP and bankruptcy). Finally, there is bankruptcy - obviously serious and is stressful, likelihood of loosing the home BUT eventually debt gone and can concentrate on health and family. In relation to the question about being a director post bankruptcy my understanding would be this is not for life but I may be wrong.

     

    So my two pence worth is start with the three sources I mentioned earlier - tell the various vultures you are seeking advice from them and will likely be working with them to formulate a viable plan (they should back off for a short period whilst you do this).

     

    More specific advice from this site - I would think might be worth lookin at any of the site team and following their instructions about asking for advice (usually find instructions in their post signatures - often you can pm with a link to your thread and they will try and help).

     

    Best of luck, do not give up and keep posting

  15. Hello Hugh J and welcome,

     

    Obviously more experienced folk with specific advice will be along (at a more sensible hour) but to start things off.

     

    Firstly and I realise easier said than done (I can see similar traits in my own situation) your health needs to be the primary focus - you have children and whilst entirely understandable (and admirable) to be trying to work to keep the plates spinning an early demise will be more costly than even the worst case with repossession and bankruptcy.

     

    Initial impression is that you would need a level of specialist advice. As well as the good folks here you need to involve one of the free providers of debt management advice - CCCS, payplan or national debtline. You sound like you would have a level of disposable income so might be worth considering a DMP? This would still take an age to repay but you would get there and potentially could still keep the house? (You need to base your income on sensible working hours if you go this route though). I suspect bankruptcy might be a viable option and although it seems that repossession would follow that with health problems (vunerable) and a number of children I am sure there are rules around your having time to arrange suitable alternate accomodation.

     

    The other thing that occurs is could you consider selling your company (or part thereof?). I know nothing about this but you say it is debt free, clearly a going concern - have you a disposable asset here that would help you?

     

    Of course you then have the choice of pursuing (if not already) charges (Crapstone first!) and individual accounts to try and at least reduce the balances. Again, plenty of help here (remember they are using the law to pursue you so there is nothing wrong with holding them equally to account!!)

     

    Whatever you decide best of luck - but remember health and family first - you need to put yourself in the best possible place to see your grandchildren! :D

  16. Hi Honey,

     

    When you say you have been paying them for three months is this with their agreement?

     

    If it is then I would keep paying, email them back reminding they agreed to the repayment arrangement that you are maintaining (if you can quote the original date and text of an email confirming this all the better), insist that they respond confirming this is the case and wait for their next step.

     

    If it is not, I would still keep paying the monthly amount you can afford but respond with some of the tools at your disposal here (if not already) - CCA request, telephone harrasment letter, doorstep visit letter (or merge the two). Complaints - OFT, FSA, Trading standards. Tell them you are disputing the charges which have been added since they have frustrated your attempts to maintain a resonable payment plan by their refusal to respond.

     

    If they do actually get brave enough to take you to court they would have to justify interest rates and be open to attack around unfair contract terms and to now experience suggests they simply will not go there. Also bear in mind that if you have worked out a realistic I&E (either yourself, with the help of folk here or via one of the free providers) and have been paying them the amount you can afford from that it is VERY unlikely that any judge would find in their favour. Going to court in many ways potentially then makes them more vunerable.

     

    In the meantime, keep away from speaking with them (unless you are able to guarantee that that the only thing the conversation is about is confirming they are accepting your payment arrangement) and hang in there :)

  17. Hiya - echo what cerberusalet says although this does vary. Mine was almost immediately if you opened their current account (nothing flash but okay basic account) and had a regular amount deposited from which they could take their loan payment.

     

    Times may change but at the moment seems about the most ethical form of lending out there (for those of us with less than perfect pasts!) :cool:

  18. Echo (very loudly) what sewing kit has said - the vast majority of them will try and claim against card details and it will not matter that you have closed the account/cancelled the card. Some have come to an arrangement quickly but presume those that do not may well attempt to take money from your cancelled card/closed account!

     

    Now postggj raises a term I have had quoted at me before - by both bank and pirate company! The thing is that although they set the payment up like this I know a number of the "agreements" upon which this is based do not mention continuous payment authorities! Are we heading for a heap load more unenforceable agreements?? (we can hope! :p)

     

    Toadface - hi, worth persisting on insisting that Welcome provide you with accout details to pay them - I got someone at my local office "the account manager" to do this (eventually) as refused to pay by card - told them they were preventing me from paying them and would ensure this was highlighted if they proceeded any further with action against me. Worked quite quickly together with highlighting that they were delaying any payment of their liability because they insisted I payed them by a method which I was unable to do.

     

    Best of luck all

  19. Hiya,

     

    My two pence worth before the more experienced happen along. There are those that would not recommend the secured route and I can see the argument about not turning potentially unsecured debt into secured debt. However, if you have definite income improvement on the horizon and your house equity is definetly stable enough to take the secured loan then it is a viable option. The other thing is of course ensuring that any credit or borrowing that is consolidated within this secured loan is not reused or maxed out down the line and I know from experience this is far from easy!

     

    I am just about to leap in with CCCS on a DMP (so far so good) and I have to say it looks like it will work out. Having been kept in a very dark place by my debt problems I am probably more inclined toward DMP but can see merits in both.

     

    Best of luck ;)

  20. Hiya,

     

    Glad to be able to contribute to any level of help or support - this place is a marvel and their are many more experienced members here who have seen pretty much every scenario you can think of! :eek:

     

    They (the payday lending sector) want you to think that paying them comes above all else (I had one suggest to me that a clear priority debt should be ignored to pay them in full!) and if you follow this path other debts start to be compromised in favour of trying to sustain this, further extortionate short term loans follow and so the downward spiral continues..... good for you stopping before you follow those of us that went into freefall like this! :oops:

     

    The ideal situation in changing to a parachute account will be to find one with a bank that you do not owe anything to - this gives you absolute control and the loans etc you refer to can still be serviced appropriately as just another debt. There are many perfectly serviceable basic accounts out there (both mainstream and increasingly now even credit unions) and this is where I would recommend going for a new account.

     

    I have found for me that focusing on these loans led to despair so have attacked everything together - it is complex and difficult but slowly working for me. Combine as you say the excellent advice from the folk here with free advice for from the likes of CCCS, payplan or nationaldebtline.

     

    Stick to your guns, you will get there, they will all get what is legally owed to them (the dispute may come with how much is legally owed and how quickly). Keep posting, folks will do their best to help.

  21. Hiya,

     

     

    Have been exactly where you are and much worse besides so know exactly how you feel. Broadly agree with alimcg1976 (excellent post) and certainly no better qualified but perhaps slight variation in some details:

    • Firstly if at all possible avoid any further payday loans and certainly not log book loans. This may seem hard, but the only way you will go if you continue to borrow to service the previous loan is a very, very dark place. I have been there, it is not nice :-o. If you are thinking in terms of consolidation (which can work for some) then as alimcg rightly says try talking to your local credit union
    • You will need a parachute account for your salary. We are not advocating debt avoidance in any way simply that you must be allowed to maintain control of your monthly income. If you stay with the account you have they will try every which way to drain it of what they believe you owe when you default
    • Once you have the parachute account, cancel any and all payment authorities on your old account. Advise the bank (by phone and in writing) that you revoke any and all previous, current and future authority to each company
    • If any of this lending is backed by guaranteed cheques then you must cancel them. Preferably with cheque numbers (your old bank will charge you for the privelidge)
    • Continue to watch your old account like a hawk - they will try and reinstate payment authorities, they will present cheques and the banking system may still allow some or all of this through (some folk have faired better with the old bank stopping things properly but you must presume some loss is likely to your old account)
    • You can let things bounce (Russia is good :razz:) or you can contact them all to advise - I tried the latter and to be honest initially it was horrible but I figure demonstrated absolute intent to pay back what was borrowed (note the difference between this and what they are attempting to charge in fees and interest)
    • As has been said, there will be lots of phone calls and gnashing of teeth. Various template letters on here for this, reporting them to various authorities (FSA, FLA, OFT, Trading standards). This bit is way hard, they are attempting by any means to make you pay what you cannot afford at a rate you cannot afford. Do not let them intimidate you.
    • Practical steps for this include a second number at home (internet, skype etc), setting a group up on your mobile with a distinctive ring for all of the firms that are chasing so you can ignore (I have the imperial war march from star wars, amend to suit!), if you have the cash purchase a truecall from here (looks awesome, I cannot afford at present). As a last resort you can change numbers. There are many more on here (and some will cheer you up along the way! :D)
    • Keep everything in writing (email is okay to). Make them a monthly payment offer you can afford and stick to it - this is often more than they would get in the unlikely event they went to a court and although they will try to bluff you they know this.
    • As has been said, some will agree straight away, some will eventually, some will not and some will even go away! (not many for the last one!)
    • Crucially, as has been said DO NOT let any of them have your new account details. They will help themselves!

    Think that is all I can add/agree with for now - hope to have helped a little.

     

    Best of luck

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