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Norman Stanley

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  1. 1. I take your point. 2. If they are litigious all their claims will initially be in the same court (I seem to recall Ipswich/Norwich somewhere earlier in this thread??) before being transferred out to local courts for enforcement - if it ever gets that far. 3. When you say they are aware - are you sure you are communicating with them at their home address? All kinds of people can pretend to be directors/supervisors/managers via a work place but they will get a shiver if they had a letter to their home address - they would not want to ignore that.
  2. When I said do something proactive I meant with regard to those avenues of consumer protection. It's clear from all the numerous reports of the company failing to communicate or allow contact that any approach to them would be a dead end (except documented offers of repayment which are solid gold when arguing in court). Have you obtained company details from companies house with the directors' home addresses? I would suggest that if you started writing letters to them or trying to call them at home you would soon get a very speedy response. If you are so sure of the illegality of their contracts/claims/actions etc then go to court and argue your case. It's only when tangible action is taken and officialdom get curious that something will happen and if their local county court start to see a pattern developing then I'm sure something will be done. If in the meantime you prove to the court their contracts are unenforceable and they are acting outside the remit of their consumer credit license then your next call should be to the OFT and TSO and you're on a winner. One big short cut would of course be to a solicitor but I appreciate this is a costly first step.
  3. Nowhere have I said or even intimated companies should be allowed to act outside the law. The point I am trying to make is there is a way to get this stopped and it is not by trying to catch these companies out by attempting to be cleverer/sneakier than them. Firstly, (and I repeat) pay them back or make a documented offer to repay an amount you can afford but ensure it is documented. THEN make your representations to the various bodies that purport to protect the consumer and invoke whatever legislation you believe they have breached. Bleating about how bad they treat people won't stand up in court unless you do something proactive and it will be a miracle if you can enforce any claim for stress/time/cost etc and you will ony be able to try and enforce it as a counterclaim. THEY WILL NOT TAKE YOU TO COURT (imo) as the time involved and the further costs they have to outlay are not worth it for this size of loan, bearing in mind (with respect) the general profile of borrowers of these products. Their collection efforts, no matter how dishonest,immoral or illegal will not lead to a loan being cancelled unless the original loan agreement is flawed (and these companies, if they do anything right, are likely to ensure the agreement is enforceable). We are probably in violent agreement on all this it's just the methods we would employ seem to differ. I can't really see that complaining about my opinions to a moderator or making snidey remarks about my impartiality either further the debate or help people who clearly are in need of support and guidance.
  4. I think you'll find that my post consisted of FACTS as well as my view. It's highly revealing that your quote 'avoiding paying back what you have borrowed by pointing out flaws in the agreements.' is not something I said!! If you sit in front of a registrar in a county court and try and tell them you haven't paid because you think there is a license/documentation/not in the spirit of the CCA etc etc you will find yourself with a judgement because you have defaulted on your loan - period. You MAY then receive advice as to how to pursue your grievance. I fully understand these companies may cause misery to some of their clients but those same clients were happy to take the money so they should address the problem head on - make an offer (in writing, keeping a copy) and tell them to take it or leave it. I suspect you'll find that eventually they'll take it.
  5. I think there's a huge amount of nonsense being talked on here. Firstly, small claims (payday loans) can only be pursued through the COUNTY court, not magistrates or crown court. Action can be taken online or through the traditional process via the local court. Each summons costs the lender more money and for the amounts prevalent in the payday loans sector it is not viable i.e. more good money after bad. Instead of trying to beat the system why don't you make a SENSIBLE offer to the payday loan company and then deliver them the ultimatum - take it or leave it. They will know what a sensible offer is as there is sufficient data available for them to make a judgement on what you are offering. All this posturing about TSO,OFT, MP's etc avoids the real issue. If you borrow something (and you've told the truth on your application) then you will eventually have to pay it back. Trying to find licence issues etc after the fact is a useless waste of time - you've borrowed so pay up - then pursue the licence issues. What the barrack room lawyers should realise is that all the time they are providing "advice" for people to avoid their responsibilities they are inevitably forcing up the cost of borrowing for those of us who use these facilities sensibly.
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