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ataloss

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Everything posted by ataloss

  1. Notify the payday loans companies that your bank account is closed. Do it sooner rather than later, and do it by email. Keep all emails in a folder so you have proof. Provided you notify them that bank account closed before a payment is due, you then have the right to refuse to accept any charges for a failed DD. Ask in the email for alternative payment options and a payment plan so that they don't think that you are just trying to get out of paying.
  2. They are American, and the drawling accent is enough to wind you up; their selective hearing adds to the wind up. QQ are duty bound to take into account that you have lost your job. Take it to the resolution centre on the QQ site, and head it COMPLAINT. If you were not totally at fault for the 'disagreement' with a manager, you should still try to claim benefits. If the manager states that you were dismissed for misconduct (which is one of 2 options; the other is leaving voluntarily, both of which can lead to suspension of benefits) you have the opportunity to respond to Jobcentreplus in defence of your actions.
  3. Is there someone who would allow you to use your address for post? The FOS form does ask for an address, and an email address. You could go to your local CAB and ask for their help with your complaint to the FOS, who can also be contacted by phone. The CAB may give permission for you to use their address on the form, but if they contact the FOS on your behalf, in your presence, it adds further strength to your case. It adds to your vulnerability. Please don't be offended: this company is exploiting your vulnerability. I have used the FOS on behalf of my son, and they intervened and the matter was resolved fully.
  4. Please check out my post on the following thread 'Hart/payday overdraft. It will be useful, and will put some very powerful legislation behind your complaint.
  5. Explain his attitude to FOS on the form you download. If there isn't enough room, add another sheet. His attitude is, he thinks, going to wear you down to such an extent that you will just do what he wants. Believe me when I say that if you direct your energies to filing your complaint with the FOS you will gain strentgh. It is tiring and upsetting but it is a positive thing, and far better than becoming more and more depressed trying to deal with someone who is hell-bent on not listening to you. The FOS has the power to recommend withdrawal of his consumer credit licence and the threat of the FOS taking action will hopefully go a long way to 'putting the boot on the other foot'.
  6. https://www.paydayoverdraft.com/cms/Terms-Conditions.html Have had a look at this, and they justify charges on the basis that you don't make repayments nor do you communicate with them. Have you gone through their complaints procedure? If not, go on the offensive and make a complaint. Put together a case file for the Financial Ombudsman: include copies of emails sent and received; payments made; original loan amount and date taken out; and a covering letter stating that they are causing you extreme distress and failing to take into account extenuating circumstances (unempoyment etc.). Check out the irresponsible lending document, available from the FOS site. 'Failing to treat borrowers in default or arrears difficulties with forbearance. The OFT would encourage creditors to consider suspending any further interest and charges and/or allowing deferment of payment of arrears under circumstances in which a requirement for immediate payment of arrears may either increase the borrower's repayments to an unsustainable level or otherwise necessitate the repayment period for the borrower being substantively extended such that it becomes unreasonably excessive.35 In the OFT's view, creditors should consider reducing or stopping interest and charges when a borrower evidences that he is in financial difficulty and is unable to meet repayments as they fall due or when he can only make 'token' repayments such that his level of debt would continue to increase if interest and charges continued to be applied.' This is a quote from it that may be relevant to your situation. Refer to this in your letter to the FOS and in your complaint to the company. You can download a form (the letter) from the FOS site and fill it in to send with your documents substantiating your claim that Andrew Hart has not adhered to pint 7.4 on page 66 of the irresponsilble lending pdf. Best of luck Fight fire with fire!
  7. Rooting for you today, and may your creditors accept the situation and be guided compassionately to devise a sustainable payment plan for you.
  8. Things are much better, thanks. The toughest thing about dealing with people with mental health prolems is thay they don't recognise that they are going episodic. He did, much quicker this time which means his treatment starts early and stabilising him will be quicker. Issues like mental health, debt, not coping are all issues that become shrouded in secrecy: shame and guilt are prequently experienced and serve only to prevent people seeking help. You took your head out of the sand (not an easy thing to do) and became an overcomer, and now you use your experiences to help others (commendable). This site is wonderful because it provedes a forum where people can be hosest, seek help and become better informed to handle their situations, You, and others like you, give people hope, and constructive advice. WhenWillILearn?!, you will come through this, and you, in trun, can help others to do the same.
  9. Hi FrankieUK If you need a carer, do you have a case worker or professional who may be able to point you in the direction of a charitable organisation who can help you? If the debts have been sold on, Frericksons don't have a consumer credit licence so they can't add any interest. If you stick to the payments agreed, fine, if you don't they can go for a CCJ (County Court Judgement) which will incur costs being added to your debt. Sometimes we learn quicker if it hurts to put right the mistakes that we have made. Because you are on benefits mioght be worth a trip to the CAB (Citizens Advice Bureau) for them to do you a financial statement. They can then assess what you can afford to pay without experiencing financial hardship. They also have draft letters that you can send to your creditors to inform them of your situation.
  10. CONGRATULATIONS! Am made up for you. You are so encouraging and informed: it's great that things have come right for you. May 2012 see yu go from strength to strength.
  11. No, that is a totally separate account, so should not be affected. The only time that I know a bank can transfer funds from another account is when you owe the bank money. It is possible to open a basic bank account. You won't be able to do DD and standing orders, but, if that's not a problem, try that. You can talk to the bank and ask their advice. You won't be able to close your account if you are overdrawn, but they may allow yu to transfer it over to a basic bank account (not sure on that one). The important thing is that you communicate with all concerned. They are duty bound to help you sort out your finances. If there is a credit union near you it might be worth having a word with them. I am not suggesting that you make things worse by taking on more debt, but it may be better for you to deal with a more reputable lender if you can't get any satisfaction from your payday loans companies. Hang in there, it's hard but you have to believe that there is a light at the end of the tunnel. I have sent you a PM, yu can access it from Notifications at the top of the page.
  12. Allow me to elaborate: when council tax recovery are contacted they will require a financial statement regarding incomings and outgoings, but they will accept payments whilst that is being provided. As you rightly point out it is a priority debt, but they are usually far more compassionate than secondary creditors. HB and council tax benefit can be applied for and require 3 months of bank statements before they can process a claim. Once a claim has gone in, council tax recovery can be informed and they will put further action on hold, but it is still going to go in favour of the person in arrears if they maintain current monthly liability and offer to pay an amount off the arrears.
  13. Allow me to elaborate: when council tax recovery are contacted they will require a financial statement regarding incomings and outgoings, but they will accept payments whilst that is being provided. As you rightly point out it is a priority debt, but they are usually far more compassionate than secondary creditors. HB and council tax benefit can be applied for and require 3 months of bank statements before they can process a claim. Once a claim has gone in, council tax recovery can be informed and they will put further action on hold, but it is still going to go in favour of the person in arrears if they maintain current monthly liability and offer to pay an amount off the arrears.
  14. Hi. You should close your bank account and notify companies that it is closed (QQ want 3 days notice). Read the pdf on irresponsible lending on the financial ombudsman service website. If you don't have a good record of paying back on time your creditworthiness should have been adversely affected-which is an irresponsible lending issue. Also, according to the irresponsible lending doc, the companies are obligated to giving you sufficient time to pay back and have to take potential financial difficulty into account. Google: oft1107.pdf to access full pdf. Companies are also legally bound to accept debit card payments.
  15. Some local authority town halls have a department that deals on your behalf with private landlords. It may be worth investigating if yours has one. The Shelter website has some useful information regarding contracts and what to do if you are experiencing problems.
  16. Look at he pdf document on the Financial Ombudsman Service website. It covers irresponsible lending: there is a section on causing financial hardship and targeting people with crdit products that are clearly unsuitable for them. I Hit QQ with it and they removed charges, and interest. FOS will be in receipt of the case file that I sent them today. If you involve a third party to act on your behalf everythjing has to be put on hold for 28 days too. Contact Council Tax Recovery fro rep[ayment. They will accept £3 a week, or they did the last time I contacted them. I used to work for a debt management charity.
  17. To encourage you! I have received a response from QQ resolutin centre: they have removed all charges, and interest from my son's account; all that has to be paid is the original loan of £450. I used the pdf on irresponsible lending available from: http://www.gov.uk/about-the-oft/legal-powers/legal/cca/irresponsible My son has mental health problems, but the updates to the irresponsible lending documant also covers the rights of people to a reasonable amount of time in which to repay what they owe if the existing repayment period is causing extreme financial hardship to the borrower. The pdf is 80 pages long, but it is worth a read. I have submitted a case to the Financial Ombudsman Service, because payday loan companies do need to have their licences reviewed with regard to irresponsible lending, and I want to encourage you to persevere because when you hit them with facts about their irresponsible practices they will back down.
  18. QQ only communicate with you on their terms. I notified them on 21 December that bank account had been closed; responded stating that they would contact within 24 hours; they finally did, today, by text, stating that there had been a problem with the transaction (really?!). Got on the phone to them. Well, my son did and then authorised them to speak to me. They stated that the £450 loan, £122.81 interest had now been increased by a further £133 because the payment had not been honoured. Hit them with dates and the consequences of not acting upon communications to them; informed them that they had been notified well in advance of the 30 December deadline and the fault was theirs. They then proceeded to transfer me, keep me on hold: the usual time-wasting tactics, so letter to Financial ombudsman will be posted tomorrow; Consumer Direct have already been notified. bart 70: inform them that the account is being closed (apparently they require 3 days notice); close it, and inform your bank that you have informed QQ that the account is to be closed and no further payments are to be levied against it. According to advice on other threads on this forum, they can't keep adding charges as they feel like it. I am writing to their London office now.
  19. In the post today, a postcard from QQ...offering loan! Tough love been in operation for 9 years now. QQ have not responded to my email yet. Keep you posted. You're strong and a real encouragement. Bless you.
  20. I have had anemail back, telling me to contact QQ and, if not satisfied to contact financial ombudsman. Great help! Not giving up, just like you.
  21. Have now succeeded in contacting Consumer Finance Association.
  22. I tried clicking on the link within the Consumer Finance Association: it didn't work. I want to complain about QQ because I informed them that my son has mental health problems and requested that they refuse further appliocations for loans from him. They invalidated his account, but have given him 3 loans since. Each time they give him a loan he doesn't go into work and now he has been sacked. I believe this to be irresponsbile lending: am I right? My son confirmed the situation on the phone to QQ in my presence. I also have an email stating the his account was invalidated, with the addition that if he applied again, his loan application would be granted!
  23. You should report them. If you have offered to pay them, albeit less than the original agreed sum, they have no legal grounds for taking recovery action (debt recovery companies). They can take you to court for the purpose of obtaining a CCJ which will make your offer legally binding. The government debate, and justification for not banning these companies is that it will force people into seeking out loan sharks. Maybe a letter to your MP may seve a useful purpose too.
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