Unfortunately I have not been so lucky as to be offered the CFO Resolve service. However I have received regular text messages from CFO advising that they are writing to me offering me a great deal to help clear my outstanding loan. This has been going on for the last fortnight and to date no such letter received. More's the pity as would be interested to see how they define 'help'. Have also received calls at work from them even though I have previously requested contact in writing only. It seems they will go to any lengths to pester and harass people in an attempt to secure a payment or debit card details. Stick to your guns and make complaints to the relevant bodies if they overstep the mark. I, too, got stung when they took payments from my debit card. However, persistent calls to my bank and around 6 weeks later I had all the money refunded via the VISA chargeback scheme. Remind them of their obligations under the OFT's fair debt collection guidance. There are plenty of people on here to help you and advise you in dealing with CFO and other similar companies. Having said all this, it is important to repay the true debt. I would offer a token payment until such time you are back working again as you cannot do any more than that and I certainly wouldn't recommend treating the likes of CFO as a preferential creditor. They are a non-priority creditor. They know this, hence the bully boy tactics, underhand methods of recovery and general unsporting behaviour. Remember, only you can tell them what you can repay. I have used this principal with several payday loans and it works, you just have to be as bloody minded as they are. The key is regaining and keeping control.

Haven't heard a peep from CFO for a while since I sent dispute letters. Received a text message today: "We may ask an agent to call at your home to discuss your CFO account. If you'd rather we didn't. Call us on 02031951185. Ref. XXXXXXX" Poor grammar aside, am tempted to just ignore as have already told them I shan't offer them any appointments to visit me at my home address. Complaints have already been made to BCCA, Trading Standards, OFT and FOS given past experiences with CFO. Complaining to BCCA didn't really achieving anything tangible as they are self-serving for their industry and not sure how big their teeth are should a member stray from the straight and narrow. Always good to shine a light on poor practice though. Awaiting updates / responses on the other complaints.

Well done emma1989, good to hear you managed to get this sorted. Will use your experience as an example to spur me on with Minicredit. Does make you wonder though, how many do fall foul of their tactics are admit liability on their spurious totals and start to repay them.

I took out a £150 loan with these nogoodniks in January and the balance now stands at £951! If the total wasn't so farcical I would probably be more concerned. I have complained to Trading Standards, OFT & FOS and await their respective responses. Minicredit always reply with the same old blurb - I have challenged them to issue a claim via MCOL or issue a statutory demand... so far nothing. In all seriousness, I routinely contact them via their 'Send us a question' requesting bank details for making payment via standing order, but no joy.

Address is below: Capital Finance One Limited Copper House 88 Snakes Lane East Woodford Green Essex IG8 7HX I would also complain to OFT as well given the review being conducted in PDL at present. A complaint form can be downloaded from their website should you wish to do so. Have you spoken to your bank about this and your concerns?

Thanks for that. Surely this is a point of concern to be raised as part of the OFT's review. Is not the passing of personal information from one lender to another a breach of the DPA as the information is not being used fairly? If this is the case then am sure the ICO would like to know about this sort of activity.

Def no, want to sort this and not make it worse. Surely the mere passing of details can't be an application?

Have made complaints against CFO to BCCA and FOS. BCCA have been quite helpful but not sure what their powers are or whether they would take any enforcement action against an alleged 'rogue' member. CFO have finally responded on the back of this. Claiming unable to contact me despite my emails to them. They go on to add that I supposedly applied for numerous other loans with them. I can categorically say this isn't the case. They provide the dates but no evidence to substantiate their claims. A fairly expected response albeit with claims of alleged applications for further credit. I will reply to this and cc. the BCCA but am hopeful when the FOS pick it up and the OFT they might have more teeth.

So a call to Trading Standards is required for these nogoodniks?

With regards to legal status of MT Collect, whilst I see from a previous post (#45) that they are now registered with Companies House. Have had a response from OFT further to a complaint being made against CFO and OFT said that Mitigate Trace & Collect do not hold a CCL and do not appear to be a trading style of CFO. Are MTC shooting themselves in the foot here or am I missing something?? The CFO CCL only has down the following as trading styles; MTcollect, Money Resolve, Paycfo, Payday Advanced, Payday Credit and Payday First. On a separate note CCL notes principal place of business as Leytonstone address. However, when sent letter via recorded delivery to that address it was not signed for and returned to me some time later. Far from me to insinuate they would purposefully ignore recorded correspondence....

As per Sillygirl1, the time to complain is now more than ever. With the review currently underway by the OFT we need to make sure the often underhand tactics of these companies is made clear and put a stop to. The OFT is also inviting consumers to use the complaint form below to tell us about their complaint against a payday lending business. Complaints should be submitted by Friday 18 May 2012. The OFT cannot intervene in individual disputes. The information gathered from the consumer complaint form will inform the OFT's overall compliance review findings. People who are worried about their financial circumstances should seek independent debt advice. A list of organisations that offer free help and guidance on money matters is available from http://www.direct.gov.uk. Download the consumer complaint form: http://www.oft.gov.uk/shared_oft/Credit/complaint-form.pdf Get those complaints in!

Already done!

Have received this email from Minicredit overnight: We would like to remind you that your MiniCredit overdue loan balance is £467.50. If we are unable to recover full amount within next 10 days we'll send Your account to THE DOORSTEP COLLECTOR and You will incur extra costs. We may also contact Your employer and start legal action against You. We also report the status of Your outstanding account to Credit reference agencies. All this process affects your credit score adversely and ability to receive credit in the future. Best regards Received at 0156. I like the fact Minicredit Director Andres Valdmann has given assurances that steps have been taken to ensure this wont happen again! It's assurances like this that will go no doubt aid the OFT in understanding the true nature of these companies. It also does not give me any hope that this matter will be resolved equitably despite my numerous attempts to repay via standing order they are always ignored. Now where did I save the OFT email address.....?

Had email from CFO tonight contradicting outstanding balance as quoted by MT Collect. Would seem one side of the office doesn't talk to the other! CFO still state £117 outstanding whilst MTC quote £622! Have disputed charges and lodged complaints with BCCA, OFT and FOS and contemplating small claims for charges taken in unauthorised payments.

Thanks for the info. Copy correspondence sent to all relevant parties. Will await response with interest.

Had experience with these over the lasy few months also. Took out a £150 loan at end of October, had circa £360 debited from my account at the end of January and now Mitigate Trace and Collect are demanding just over £600 from a letter received today! That's nearly a grand for £150 loan from 4 months ago. Have complained to CFO but no response whatsoever apart from the usual we're busy so we'll get back to you in 24 hours - that was almost 2 weeks ago. Have passed on all details to OFT today and putting a letter together to FOS also.

Thanks for all your assistance and insight on this one, most useful. Have settled this one thankfully. Common sense prevailed and an amicable situation concluded. If I have learnt anything during this, it is be very sure you want to enter into an agreement with such companies. Although with hindsight I would not have gone the payday loan route, it does not mean it would not work for others. Just be mindful of the small print and if in doubt there are some truly very generous people on this site who can help those in need.

Nothing received as yet, paperwork all submitted and eargerly await response.... Will reveal all once I know myself! Thank you again for all your assistance and advice on this

Should I go the route of an embarrassed defence given the total inadequacy of the DN?

Re-read previous post, apologies caggers. Thank you again for all your assistance to date, very interesting stuff and certainly this process has been an eye-opener. However, I don't want to get distracted on the pros and cons of payday loans. Not sure it's wise posting a draft defence online given the claimant may be viewing? Just want to ensure am on the right track and haven't missed anything glaringly obvious.

Why would I get a spanking, was hoping the claimant would be the spankee on this occasion!

Surely a breach of data protection, information governance rulings etc.

TERMS OF AGREEMENT ENTERING THIS AGREEMENT MEANS THAT: YOU MUST If you change your address, tell us immediately If you change your name, tell us immediately If you change your card details, tell us immediately YOU AGREE that signature to this agreement acknowledges receipt of a true copy of the agreement you have received the pre-contract information before signing this agreement if you default on your loan we may share information about you and your account with other lenders to a creditor making a credit reference and fraud prevention agency search which may be recorded by the agency concerned and shared with other creditors, and the creditor may disclose to such agencies how you conduct your account if you default or are suspected of fraud that other lenders may use this information about you and others with whom you are financially linked for credit assessment, debt tracing and fraud and money laundering prevention the lender reserves the right to retrieve the default within the boundaries of the law inclusive of discussing the matter fully with your employer or anyone else to recover the amount owing to the lender the legal procedure: the law of England and Wales will apply to the contract regardless of the borrower's residency in the British Isles or nationality not to appose an attachment of earning should you default YOU HAVE a right to be told which Agency we use and to obtain from the Agency a copy of your file YOUR DATA may be used for other purposes for which you give your specific permission in very limited circumstances, when required by law or where permitted by the Data Protection Act 1998 to manage your account make collections for statistical purposes, surveys and research if we transfer, change or assign this agreement to a third party or if we use a third party to manage any aspect of this agreement we will pass your information to them, and remains on your file for 6 years after they are closed, whether settled by you or defaulted WE MAY end this agreement after giving proper notice in writing if; you fail materially to fulfill your obligations set out in any part of the agreement you commit an act of bankruptcy you have given false information in connection with this agreement [*]allow another person to take over our part of the agreement, that person will then take over all rights and responsibilities under the agreement There you have it, T&Cs of the ML loan agreement.

In drafting a defence is it worthwhile and beneficial to include a section on the build up to the action? I have seen it in previous defences albeit where there have been additional deficiences on the part of the claimant. Not sure if it would apply in my case??

Copy agreement info attached below for info ML Agreement.doc