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mjc007.5

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Posts posted by mjc007.5

  1. Hi Lozzy - not much but what I do know is do not touch if at all possible. I am sure there may be some that come along behind me that disagree but this is the same highly regarded company that brought us "Yes" loans (In essence same firm with different "trading style"). I suppose might work for some if small amount, mimimal risk of defaulting and your guarantor knows they are potentially stumping up the lot if you cannot (I seem to remember they insist on the guarantor being a homeowner which I do not think is a coincidence!).

     

    Better option if possible (and may be area dependant) would be local credit union - generally fair and realistic if mine is anything to go by (I have not borrowed from them but explored at length and seemed viable option).

     

    All the best as ever

  2. You are welcome and no worries - it is a stressful place trying to sort things out :)

     

    MP1 appeared to believe you were from the firm mentioned in this post - all fairly low level stuff, cannot remember exactly, "Hello Keiran" was amongst the messages?!

     

    The point is you can and should pay your debts at level that allows you to live properly. Now ideally this will be at a level you feel comfortable they will accept BUT if this is £1 each a month and has been properly worked out with the appropriate advice then so be it. Most would agree that debts need to be repaid but in the meantime people have to live! Equally, if due to the creditors negligence or other oversight which is used within the law against them a debt cannot be collected this is entirely with the creditor and more fool them!

     

    In the vast majority of cases on here the fact that a level of debt is owed and needs to be repaid is not usually in dispute. The dispute is about how quickly that debt can be repaid, the exact level of the debt (given that many charges made are about pure profit and not consistent with anything like the cost of that activity) and the methods which will usually be inconsistent with guidelines at best and at worst outright illegal that are employed in pursuit of the debt. The creditor cannot have this both ways - hold the debtor to what they believe to be an absolute obligation in law and then behave with impunity when they are held to account in the same way! This is why so many of us rely on places like this to help us simply stick up for ourselves!

     

    Changing address, numbers, cancel cards etc is in most cases the only direct action that people can take to protect themselves from tactics that will be used in pursuit of their debt which will be at best vexatious and at worst probably illegal! I accept there will be some that do it to avoid their debts but I really do believe (on here at least) they are in the minority! :)

     

    Go for the option with this that puts you in control whilst offering them an affordable repayment plan and expectation of being repaid - communication in writing or email, changing account if you feel they will remove funds from you and mainly sticking to your proposal. Many of them will (after a while) agree to this.

     

    Best of luck

  3. SBB - MP was suggesting you were an employee of this firm, I can see he appears to have edited all of his posts. He either thought better of it, asked to do so or possibly I have been trolled! :rolleyes: (the last one appears the most likely).

     

    The post that you quoted needs to be taken in context of that and was simply an attempt to politely raise that I had understood elsewhere that if anybody works for individual firms or the financial industry they are supposed to make themselvee known. There was nothing more in it than that, you have quoted it out of context given that MP1 has deleted all of his posts. No offence was intended and if it has been caused then apologies.

     

    For the record neither myself or I believe the vast majority of the people that post here in any way advocate "just not paying the money back". :cool:

  4. Hiya,

     

    In so far as what should happen I would agree with PGH and if cancelled in good time payments should be reclaimable from the bank.

     

    However, I am sorry but recent experience suggests what can and does happen is that the payments are "forced" through or the bank allows the company to treat having the card details as a "continuous authority". I have spoken with the card fraud teams of two different companies during the process of trying to sort my own payday loan nightmare and both have been very precise in stating that cancelling the card (or even reporting it stolen) will not in itself prevent the companies from attempting to take monies via the card details and they will not guarantee that payments will not be made. They further attempted to suggest the matter would be a dispute between me and the company involved and they would not view such repeated access as fraud!! :eek:

     

    I do not want to be the bearer of bad tidings or scaremonger but this is my experience (and there are others here to). Certainly ensure the bank are completely aware that any further payment claims from these companies do not have your authority, certainly watch the account like a hawk (there has even been a post on here with I think QQ accessing an account overnight!) and certainly give the bank hell if they pay up (I hope I am wrong!) :confused:

     

    The only sure fire way of sorting the access issue which is quite drastic (if it is either mutiple lenders or you really cannot sustain anyone draining your account of the full amount) is to switch accounts (the famous "parachute" account). This way you maintain control of your overall monthly budget and can progress to offer a repayment proposal from there. Whilst any proposal you make should be seen to be realistic this reality is based on what you can afford, not what they think you should afford!

     

    They will bombard you initially but stick to your guns - I got into deep brown stuff with exposure to these firms (still not out of it yet!) but around 70% have agreed repayment schedules within the last month and the volume and voracity of their communications has slowed right down (I do have a DCA on my case but it is in house for one of the lenders). Insist on everything in writing or email, request account details to repay by standing order (it has been known that payment by card, cheque or direct debit on a new account has resulted in their accessing your new account with the same impunity as they did the first time!!).

     

    All can be sorted with the help of the good folk here but it is difficult, particularly initially!

     

    Best of luck ;)

  5. Hi all,

     

    Hopefully a simple one for the legal experts here:

     

    Which (if any) correspondence should be headed with the above term when dealing with the many and varied forms that are the involved in chasing us for debts (owed or not) and charges (almost always disproportionate!) please?

     

    I have seen said use it on most thing, I have seen said it is over used. Any definitive answers gratefully recieved! :D

  6. Hiya,

     

    magiciansgirl is right, similar model to Yes loans and usually a con. They will find you a loan but the small print in what they do usually either specifies it does not have to be one that you find acceptable (hence can end up with a Provident or Welcome product :eek:) or that they have anything up to six months to deliver!! :eek:

     

    Quick search on their site and companies house (no way professional or definitive) appears to suggest they are actually a private limited company engaged in "other computer related activities" (parent company an address in Berkshire although their site suggests address for correspondence in Farnham). I do not have the knowledge to be sure (or clever enough to search further) but I would have thought they need to be liscensed in some way to act as broker or introducer?? :confused:

     

    The fee thing - keep at them, make sure they know you are familiar with the OFT and what happened to yes loans. They will I am sure likely pay up but you may get to threatening further action.

     

    Best of luck

  7. Second what Bub has said - do not call them! Email or letter and you have a communication trail!

     

    Put the line in about further DD being fraud whilst you are there and also (if not already) put the bank on absolute notice that they may attempt to reinstate a DD fraudulently.

     

    I do not see a problem not wishing them to have your contact details per se but you must push the communications at them - daily if needed (via email) and use a stuck record approach (this is what I can pay, please provide account details for me to set up standing order etc....).

     

    Keep going, you should see a result with this approach. :)

  8. Hiya,

     

    It is possible you are striking lucky and they have mislayed you! :p

     

    From what I can see elsewhere and with my own experience they are certainly still pursuing many folk quite hard so this seems to be the only explanation to me! :)

     

    It seems your choice is to sit tight and wait to see if they contact (not of course advocating any form of avoidance and you would need to use the time to get prepared with a realistic proposal to repay/dispute the charges) or be pro-active and chase them down with this and keep using the fact that you pursued them (honourable, demonstrates wish to repay debt etc).

     

    Either way, best of luck and keep folk posted ;)

  9. Hiya,

     

    Bub set me on the road to sorting it out with this lot and they do appear to have been prepared to accept payment arrangements with most folk although you have to be persistent.

     

    Between us on here we have bank account details for the firm, specific email addresses (Bub went straight to theire CEO!:cool:) and eventually some success in reasonable repayment agreements. Not sure it is good form to post specifics up on here but have a look round the Wonga threads and a well placed PM or two will gain you more specific info for the company. I would not worry about the "solicitors" at this stage, part of the tactics to scare you into paying more than you can afford.

     

    Best thing is to persist with realistic and affordable repayment proposals and not be swayed. Start paying them when you have the account details (with reference to track payments and ideally by Standing order so no funny business with your bank account). Do not provide I & E as they will almost certainly not be interested or take account of your priority debts. Advise them that if this arrives in court they are going to get pro-rata payment which is likely to be less than you have offered in the first place. Experience so far has been they will agree to this - if not post back and I would think folk would suggest treat as disputed debt (amount owed and needs to be repayed but dispute how much and realisitc time frames).

     

    I am still not aware that any of these have gone as far as court or to date even defaults on file.

     

    Hang in there and stick to your guns :)

  10. Hiya,

     

    Very sorry to hear about your circumstances, this is the right place for support and advice to work through things. Second everything Lozzy has said.

     

     

    In addition:

    • Probably worth adding a letter/email revoking any authority to visit (just in case). Either seperate or merge with the telephone one
    • In making realistic offer of repayment, request they provide their bank account details so that you can set up a standing order (they have been known to empty even new accounts once they have the details!) :mad:
    • If they do not provide said details, advise them any further charges or costs will be disputed/defended as they are preventing your resonable offer of payment and thereby adding to your distress and hardship
    • Despite what they may think or try to say, this demonstrates in anything that follows that you have made clear attempt to repay monies legitimately borrowed and owed
    • If they will not meet your attempts to resolve amicably half way then dispute anything that you (legitimately) can - charges, contract etc (CCA request a start). This is not about avoidance but about making them communicate and act on a level playing field
    • Remember that although they will be the noisiest and most troublesome now if you ended up using any formal process (DMP or similar) they would be at very back of the queue - in some cases it has worked for me to remind them of this.

    You will be able to sort them out, it may not seem so now but all here will do their best to assist. We have/are been here or worse ;)

  11. Hiya Dixxychick,

     

    No experience of PTP myself but seems to be pretty consistent theme from those that have (and consistency is rare in this "sector" of the lending industry).

     

    Hit them with the letter on here revoking any authority to visit (and have copy of same at ready just in case) template here - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

     

    Consensus seems to be very rarely do folk get visited and when they do either do not confirm who you are or advise them you have asked their client to communicate in writing and will not discuss further (there are various other suggestions involving large dogs and things but should'nt really condone these! ;)). If they do not leave advise you will call the police as they are trespassing (non-emergency number). In what seems to be the relatively unlikely case of their attending and acting contrary to their industry guidelines then it be a complaint.

     

    Hope this helps, hang in there :D

  12. Hiya 7anked and welcome,

     

    It will be (I am fairly sure) CTP. If you have the cheque numbers the bank would be able to cancel them that way as well! Do bear in mind if you guaranteed the cheque it is likely the bank may argue they have to be honoured (I had this but eventually they saw the light!).

     

    Once you have done that best hit them with an affordable repayment proposal in writing (the phone will almost always be pointless!).

     

    Best of luck :)

  13. Hi,

     

    Not hijacking at all noomill - it is an interesting question in the wider context as well as specific to individual cases :)

     

    OnMyWayOut - we will need one of the legal experts on the site to answer that question, I do not really know the answer. I would suspect there may be circumstances where it would apply following a request to cut up and return the card but these would probably be quite specific.

     

    I spent some serious time on here last night (starting to become habitual! :razz:) looking for more specific info. IGNM posted an excellent suggestion for this on my initial halifax credit card thread which got me thinking and I found some excellent info from surfaceagent 20 which has given me a starting point for thinking this might be relevant to my own case here (terminated on back of dodgy DN).

     

    Hopefully some of the more expert/experienced will be along to show us the way soon... ;)

  14. Hello there,

     

    I am sorry they have behaved to type and you have it right that they are looking to rope you in to becoming a perpetual income stream for them with re-loaning and extending. If there is any way you can avoid this (and I know it is not easy) then do because it will not be long before you have another problem and then will be looking at another one of these companies to tide you over and this only leads to a very dark place with several of them chasing you.... :confused:

     

    If you advised the bank more than 24 hours before the payment was due to cancel and told them not to authorise further payment then would be worth disputing the transaction with the bank. The speed at which they sort this out is very bank specific, if you emphasise the hardship caused and that any charges are a result of them paying the disputed direct debit you might find some success (I did on one occassion with First Direct).

     

    Best of luck, keep folk posted :)

  15. Hello all,

     

    Thanks for the advice in relation to the above credit card (thread - http://www.consumeractiongroup.co.uk/forum/legal-issues/207475-halifax-credit-card-default.html)

     

    You will see from the thread, no CCA provided (although is less than two years old so believe likely will be enforceable), issued dodgy DN, termination notice and now first contact from DCA.

     

    I would like to try my luck with pursuing the repudiatory breach of contract - is there a template or suggestion as to suitable form of words? Would I fire this at both Halifax and their DCA?

     

    If this is to keen then do tell me! In this event any alternate suggestions please do let me know and gratefully received :)

     

    Many thanks folks

  16. Hiya,

     

    Same question came into my head as babybear - also just about to enter into DMP with CCCS myself and know that for your circumstances amount seems way high.

     

    From the Gregory Pennington website:

     

    How much do I pay?

    A. At Gregory Pennington, we are committed to being completely clear and open about the charges for our services. Your first monthly payment is an initial fee for setting up our Payment Programme and is not paid to your creditors. This will place your accounts into arrears or further into arrears. There’s a monthly fee of 15% included as part of your affordable monthly payment (subject to a minimum of £29.50 and a maximum of £90.00).

     

     

    The set-up fee includes:

    • Compilation of the Draft Programme
    • Appointment of a dedicated Personal Finance Manager
    • Communication with your creditors either in writing or by telephone
    • Preparation of the financial statement
    • Calculation and issue of the reduced repayment proposals

    I am sure would not be only one to suggest this but if you can reach whatever minimum threshold they employ (I think one of them will start you at £50??) then you really should consider moving to one of either payplan or CCCS. They will do this for FREE :)

     

    According to their website this lot took your first payment of £99 as a fee (placing you in arrears/further in arrears) and have been taking (at least) 30% of what you have paid ever since. Given your income situation it also does not sound like there has been any proper consideration of "pro-rata" payments from "disposable" income once your priority debts have been paid.

     

    There are many here that will be able to help with the whole reclaiming of charges and fees thing as well. Also, if HSBC actually took benefit money from your account I am sure that must be in breach of something?? Finally, with mental health problems and two young children I think it likely that some of the debt collection practices that have already been employed against you would be contrary to guidance at least in terms of dealing with vunerable people! (others more experienced can be more specific).

     

    Amazing what personal experience and lurking here amongst these fine folk will give you in a very short time (found them in April this year!).

     

    All the best and keep posting

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