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Everything posted by Nao

  1. Don't worry, they won't show up at your door, its just empty threats. Just keep offering them what you can pay and don't offer a penny more than you actually owe which is original loan + 1 month interest. There are essentially two options: 1: Play hard ball: Tell them in no uncertain terms that until they start negotiating properly they will only get £1 a month. 2: Pay them against their will: Just pay them whenever you can whatever you can until you repaid the amount you owe (original loan amount + 1 month interest) and tell them to take you to Court for the rest where you will defend by every legal means deemed necessary. (don't worry, they won't actually try to take you to Court, I've been telling them to do so for over a year). You are correct that they don't need to see proof of income / p45 / other similar documents from you. A Court could theoretically demand those, but that would require that it went there in the first place and that won't happen.
  2. According to the first post this so far it is only experian that will do it, wouldn't that leave a loophole as experian is not the only credit reference agency? Anyway, in my opinion the whole credit record system is rotten to the core and in urgent need of a total overhaul anyway.
  3. As for the interest, the reason it is 1 month interest is relatively simple: With no credit agreement they can't charge you interest, the credit agreement usually ends on the original due date. (unless a rollover was agreed which changes the due date and with it the end date of the agreement). As for the fees, the OFT said so, there is more than one source, example here at page 73: http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft1107.pdf
  4. You don't need to use legal terms for the FOS or the OFT, just a quick explanation of why you are complaining and a timeline of events will be enough, you do not need to follow any specific legal format or such when contacting the FOS and OFT.
  5. It looks like they didn't read or deliberately ignored what you sent them, hardship application, i and e forms... that all got nothing to do with your situation. Send them a quick list of the sums involved in each direction and that you consider the debt settled in full and the account closed. for the list: Amount borrowed: 100 1 month interest: 30 Initial default fee: (if they added one, it would have to be fair, lets just go with the 12 limit that applies to credit cards, if they want more than that dispute it as well by leaving it out of the list). Amount repaid to date: insert amount Then at the end add something along the lines of: Any charges, fees and interest other than the ones in above list are to be considered disputed with immediate effect and I will defend by any and all legal measures deemed necessary, all relevant regulatory outfits have been informed of your behaviour.
  6. Get a written complaint to the Bank demanding a final answer, once you receive that or after 8 weeks if the Bank would not reply report the Bank to the FOS for violation of the payment services regulation which is law in the UK since 2009 and requires the Bank to refund any unauthorized transaction immediately unless they proof you acted fraudulently or did not inform them without undue delay.
  7. No worries, it is your time and effort it would take to fight it to the end, so even if I advice to fight to the end I can understand why you chose not to.
  8. That is probably the single most atrocious thing they have done to date. There is absolutely no legal way they can insert a guarantor into a credit agreement where there was originally none. Immediately report it to the OFT, FOS, Trading Standards as well as the Police. Also report it to the media (watchdog). Your Daughter also needs to take it up with Bank, those payments where unauthorized, the Bank must by Law refund them immediately. (the Bank won't loose a penny either as they can recover every penny refunded plus cost to do so from Toothfairy).
  9. I'd tell the DMP to not give those muppets a penny until they wipe off every last pence of interest they added after the credit agreement ended on the original due date. Playing hardball is the only language PDLs understand.
  10. If you didn't agree to the specifics of the transactions like date, amount and so on or like in this case neither, the transaction is unauthorized and the Bank is legally required to refund immediately. Depending on the specifics the Bank then may or may not be able to recover what they have to refund from the company that requested the transaction, but that is irrelevant for you, the Bank has to refund you unless they provide proof that you would have acted fraudulently. The Fos has stated in public that it is irrelevant if you had any previous relations with that company or if they are a lender, both of which are frequent excuses by the Bank, but both are invalid Unauthorized transaction = immediate refund from Bank, thats the Law.
  11. Only pay what you actually owe, then tell them to bugger off if they want more.
  12. If you still have the reply from wda that it was sent to motormile in error simply forward that to equidebt and motormile and dispute any debt exists. IF they handled their paperwork how it should be handled it should be enough to cause them to look into it and figure out where they went wrong. If they then still don't acknowledge that there is no debt, send complaints to WDA, Motormile and Equidebt, report all three of them to OFT, FOS, Trading Standards and Watchdog.
  13. I doubt they would notice the difference, after all all their various trading names are being run from one and the same office, they all use the same bank account and so on.
  14. Demand a chargeback from the Bank, you did not agree to those transactions which means they are unauthorized and the Bank is legally required to refund immediately. As you have unfortunately experienced already, pdl companies stop at nothing to get money, so you need to secure your money, report your card as lost / stolen and cancel any cpa for minicredit at the Bank, plus specifically instruct the Bank to not make any payment to those muppets, that will legally add mord liability to the Bank should minicredit help themselves to any more money. You are correct they can't add interest after the original due date as that is when the credit agreement ended. As for other fees they will have added, none of them except an initial default fee (subject to it being considered fair according to oft guidance) are enforceable, they are financial penalties which is not allowed under lending guidelines. All you have to pay is amount borrowed plus one month interest plus initial default fee minus any payment already made. Also I would recommend reporting their antics to the Oft, fos, trading standards and Watchdog.
  15. Yes, the law is very clear on this issue, you did not consent to the specifics of the transaction they have to refund immediately.
  16. You could be tempted to think they have an internal contest for who can fit the most oft guideline violations in one email. Get that email to the Oft, fos, Trading standards and Watchdog.
  17. Honestly, I'd just reply like for like, pretend to be Eve the Door Saleswoman:whoo:
  18. yeah, I wouldn't really want to deal with opos either, its just some people on this forum found them easier to negotiate with than minicredit.
  19. They can't add more than one default for one debt, while you have virtually no chance to get the initial default removed there is no justification for the subsequent defaults, write to the credit reference agencies as well as quick quid asking for them to be removed. Also report quick quid to the Oft, Fos and Trading Standards for what they did.
  20. Someone, either the Court or Safeloans is telling you lies, 28 days from the 19th would be the 16th of November. Honestly, I would recommend asking to have the Judgement set aside, you paid more than 100 too much already to Safeloans and they don't deserve another penny.
  21. Accusing people of crimes? they just can't stop themselves sinking even lower. They just keep pushing their luck, but one day the government will wake up and all the threats these companies send out will come back to haunt them as evidence in a Court.
  22. The defence is not a problem, the problem is getting the Court to look at it. Yes, the usual way to go about it would be asking to have the Judgement set aside (which does cost a fee), but in this case the Court resent the paperwork to submit a defence just 4 days before the Judgement, surely the handling of the case can't be right?
  23. at most you owe original loan plus one month interest plus initial default fee minus any payment made. all other charges are penalty fees which violate oft guidelines and are unenforceable. They also can't charge interest after the original due date of the loan as that is when the credit agreement ended. Just send them an email asking them to pass it on to opos immediately uf you prefer dealing with opos. Also make sure to secure your money, pdls are known to raid bank accounts, report your card lost / stolen and cancel alk direct debits / cpas with them at the Bank.
  24. What they want the 80 for is having the judgement set aside, which would then essentially remove the ccj and safeloans would have to file a claim again giving you again time to defend. but i'll see i I can find some other angle to attack from cause why should you pay for the Courts mistake?
  25. Ok, lets just sum up the basic info for now: Correct so far? I'll see if I can get someone else to help on this as its seriously getting complicated...
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