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mjc007.5

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Posts posted by mjc007.5

  1. Many thanks Vint,

     

    This is one of the more "mainstream" debts that I did not keep up with initially whilst battling the various payday lending companies that I got myself tied up with (I have been something of a regular on the payday loans forum!). I have seen a number of these off or come to an amicable arrangement (will be less so if I end up in DMP which I have been on the cusp of doing for a while now! - 8 from 11 of these evil things sorted to date). You will see very foolish trying to keep the plates spinning and went deeper and deeper into the dark side until the lightbulb moment! As a result this one got the CCA request after the DN arrived :???:, it went to Halifax and no response to date (It is a relatively new account - around 2 years old).

     

    The termination notice came after the CCA request (on the back of the faulty DN). I have prior to the CCA also sent correspondence advising/requesting temporary forbearance and offering payment at reduced rate and ALL of this has been ignored (the only thing that it would appear did not was the stay away from my doorstep letter.... so far!) :roll: Do I send the TN and copies of all of the correspondence so far? The fundamental point remains for this (and all my army of creditors) that I do want and over time do have the means to repay them but a reduced rate (and only what is legitimate in law - it is being used to attempt to beat me over the head so holding them to the same standards is perfectly reasonable!).

     

    In all I have around 17 creditors I am in varying degrees of trouble with and 10 have come to arrangements. I am still early on the journey to sort it out and I am already knackered and not sure I have the stamina for the long fight (I have the ability with the help of the folk here but it is an almost full time job!!). CCCS are good to go with a DMP and they (finally) came down on the side of including all the debts and adjusting accordingly depending on where I get to in any disputes with them (initially they were very cagey about the whole "dispute" thing!)

     

    I am working my way through things and will be posting other threads as I go ....

     

    Thank you again :)

  2. Hiya

     

    Ell-enn and Lozzy both spot on with their advice (as usual! :cool:), not suffered this company particularly but it is a repeating theme I am afraid.

     

    Not wishing to be alarmist and accepting probably a bit biased (I started in the payday loan section!). They will try to access and clear your account of what you "owe" and sometimes more (I had one of these firms by the short and curlies for doing it) whilst attempting to "justify" their action by claiming you effectively gave them a "continuous authority". I would phone the bank as well as the letter (not normal to recommend this I know but essentially you can be following up the call in writing). Get the name, department and extension number of the person at the bank who you tell to ensure no further direct debits or payments are allowed in favour of this company. If they have cheques in any form you need to stop these with the bank - if they are guaranteed this will be nightmare but with persistent they will do it.

     

    The bank account thing is tricky - if this is your only connection with any of this type of lending, if you are entirely sure they have no way of accessing your account apart from direct debit and if you could sustain reclaiming the monies from the bank in the event they paid out once you acted as above then might be able to stay with this account (would still need to keep a close eye though). On balance though (and again from bitter experience) the only way to be completely sure is to move your banking to a new account (this is fairly drastic - but worth considering to protect your core monthly budget).

     

    Repayment - always what you can genuinely afford. This bit seems to depend on what side the person dealing with you got out of bed that morning. I have some that (still) are not communicating at all, some threatening all but taking away my nearest and dearest as security, some over three months (which I could not afford) and a number that have accepted £25 per month. Once you have established what you can afford, stick to it, stuck record approach! Need to have their bank account details to pay by standing order (between us on here we have a lot of companies details!). I am disputing a number of debts and practices in this sector but they are all getting (or have been offered) repayments that will ensure they are paid back at least what was originally loaned.

     

    Hang in there, and keep folk informed as you will not go wrong with advice given here - you will be okay :)

  3. Hi all,

     

    Update on the above - we have established via the good people here that they appear to have terminated without a valid DN. Latest correspondence attached from a DCA acting for them (?suggests not in fact terminated in their eyes?). Also no reply to my CCA request and they are out of time?? (well over 14 days now).

     

    I obviously will not be calling on the phone and up to now apart from the CCA request I have kept quiet but what's my next step? Do I answer the DCA? At this stage do not want to end up near a court (although once things on a more stable footing overall I would certainly be happy to go there with this lot and a number of others!)

     

    If I was not dealing with so many creditors/DCAs at the same time I would probably not be asking so many questions as the info is here but my head is spinning a bit at the moment so thanks for bearing with me (and the good advice) :)

    Halifax DCA Letter 1 001.zip

  4. Hi Trevormax,

     

    More expert opinion and advice I am sure will follow at a more sensible hour but two pence worth for starters (in no way based on any expertise!):

     

    • Was the whole process around the charging order carried out correctly? I do not begin to say that I understand this area but seems to me in most cases this is the starting point to try and sort
    • In pursuing the first point I would think a SAR (subject access request) to one or possibly both companies (original firm and debt purchaser) are probably going to be needed.
    • It should allow you to see charges, fees etc (It sounds like a lot of the balance could be made up of these) and the with advice from the experts on the site consider pursuing for recovery of these and other costs
    • If the above does not work might be worth specific advice around your father disposing of his beneficial interest by selling it to your mother (I think something similar can often be possible in Bankruptcy where the debts are heavily waited to one partner). Given that the house is in negative equity at the moment this might be worth a look. It does seem quite drastic but wonder if it might then allow the charging order to be challenged more effectively?

    Does seem complicated and this is only a friendly attempt at some constructive thoughts. The more knowledgeable will help you plot a course through this - one thing I am learning on here is that there is almost always a way to resolve these things at least partially in the direction that you want!

     

    Best of luck

  5. Hi Funkychick

    I have seen said in several places here never let them have your signature so I can see why you would be cautious. If not comfortable or happy with cheque I would go for any of the following:

    Crossed postal order (no expertise here but I understand that this would be difficult to lift a signature off)

    Get trusted relative or other suitable associate to write the cheques for the SARs and pay the relative

    Arrive in person with fee made up entirely of pennies, hand over to suitable manager and insist that they sign for it (made this one up, must be time of day!) :p

    Bye for now :)

  6. Hi all,

     

    Well I now have my first contact from a DCA and it is the above pursuing outstanding cheque cashing type loan.

     

    I wrote to their client Albermarle and Bond in good time asking them to destroy cheques and accept payment plan at £25 per month. No reply, passed to the above, cheques presented and bounced.

     

    Now, being a lurker here for quite a while before joining I knew there were some interesting tactics employed by DCAs so as a starter for ten these folks are actually a subsidary of their client, have the same head office in Bristol although operate out of a PO Box in Wakefield with Wakefield phone numbers.

     

    They have email address as well and I am tempted to start with correspondence via this route. They have ignored my request for contact in writing only (three calls so far this am) and are insistant that I complete their income and expenditure form (with all kinds of other personal details) in order for them to accept my offer of £25 per month (bear in mind that i the offers are not going to work I am fairly clear will have to go with DMP offered by CCCS).

     

    Any advice please? There is no dispute about a sum borrowed and that it needs to be repaid (although probably already repaid all of this in roll overs!). £25 per month was starting offer to all of these firms and high acceptance rate so far so shame for all that work to end up in DMP!

     

    Thanks as always folks :-)

  7. Hi,

     

    Thank you very much to PGH - answered one important question that I had in my mind as to who get's what (even though trying to go on several fronts!). Interesting comment about CCCS as well - I am have not been sure how to take their non-commital attitude to the disputed debts. Almost seem to be presenting DMP as "do this and all the pain goes away" solution (which to a certain extent is highly desirable) but for some of them if I do not pursue it will become me feeling pain in a different way paying what they are not entitled to! :mad:

     

    As to my quest Funkychic (liking the idea of a quest despite the serious and depressing nature of it all!) mixed success in early skirmishes. Some of the Payday loan companies either gone or heavily reduced due to irregularities (unlawful agreements, accessing my former account to an amount in excess of the maximum contract value), two "mainstream" credit cards failing to answer CCA requests and issuing dodgy defaults (gaining good advice from the more experience folk here on those). Some I think are going to be more difficult. Always approaching this with the attitude that even for the unlawful one's will be paying what was borrowed back (but at a pace that I can afford).

     

     

    Bye for now

  8. Hiya,

     

    Bub is of course right probably best to front up before due if possible, should paint slightly better picture in terms of trying to sort with them.

     

    Guess will probably try and get you extend/roll over etc first and when you say no try and get a bit heavy. Between us I think we have contact details across the whole company and their bank account details to boot so if you have not got them PM either Bub or me and I am sure we can assist (volunteering Bub on this one because helped me with them at the start!).

     

     

    They were eventually okay with me - took a little bit of correspondence but go there eventually!

     

    All the best

  9. Hello Dan,

     

     

    Probably not the only one here that would view your post with a very high degree of caution (and there will be some that view it with worse). This is a particularly vitreolic and vexatious part of the lending market when things go wrong so I am sure you will understand this. If you could elobarate somewhat please it might help:

    • When you refer to a new project is this by your employer? If yes, what industry are they in?
    • What is the ultimate purpose of this project? Is it for private or public use?
    • Have you approached the site team about this? Do they approve? I suspect the caution and supiscion that your request might currently provoke would be mitigated greatly if this were the case
    • Anything else you might want to add or expand upon and share with the whole community to which your initial request has been put?

    I am sure you will understand that given some of the tactics companies in this sector are employing a number of people are actually busy fighting for their financial lives (and sanity) and will need a bit more before deciding if they can share this level of detail with you directly. :)

     

    Best wishes

  10. Hiya

     

    There may be contrary views along but for my part I am going at this simultaneously - dmp, CCA requests where appropriate (either because I think there may be something in it or they are being unreasonable!) and complaining to the FSA . I am being open with CCCS and they are in the picture (only problem I have is they are a bit non-commital about if the disputed debts should be included or not!). Seems to me generally best to view it as a battle on several fronts simultaneously :rolleyes:

     

    The SAR is more comprehensive and may well be needed subsequently but for me the cost (I to have many creditors!) together with the longer time frame for their reply (40 days I think?) mean that I am holding off from this for now.

     

    Keep going, deciding to sort it out and arriving here are a solid basis for eventual success :D

     

    Bye for now

  11. Hi Lozzy,

     

    They are getting their payment via standing order and (if it be £25 or less in DMP) will continue to get it. We did the relentless email exchange and they have just ignored me now. Best advice I have been given suggests pay them up to what was actually loaned and then dispute the rest.

     

    Sound advice from you and Bub as ever - the payment method above means I do have a recordable trail so they cannot dispute monies have been recieved (I also have their text confirming bank details).

     

    I still fighting hard to come to reasonable arrangements with all but DMP looking increasingly likely. Will keep you all posted.

     

    Cheers ;)

  12. Still stuck at work but slowed down a bit (for a nice change) so working my way through the posts - very interesting as always. Will watch the programme when I get home. Seems like it was a good start, hopefully will build a critical mass now and the government will kick the OFT into acting.

     

    Said it several times but rings true - the vast majority of us are can't pay (at least on their terms) and when they start from a presumption that we are all "wont pay" (together with the general arrogance and disregard that the programme sounds like it showcased the tip of the iceberg of) then we have this perpetual stand off and struggle.

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