Is there any way you could record these phonecalls? From my experience, as soon as I mention that I'm recording the call they go all quiet and in most cases hang up instantly as they know they can't just say what they want anymore.

One thing I'd do now is to file a complaint with the OFT! Each complaint is another nail in the coffin for this lot. Accusing you of stealing/fraud is just not on. I'm currently dealing with the Marshall Hoares department and every email they send me is signed 'Anti-Fraud Team' along with the usual BS of 'fast-track court orders, attachement of earnings, home visits etc'. They will say absolutely ANYTHING to force people to pay. They must know that this stuff isn't going to give them a good stance should they take anyone to court (which I doubt). DOWN WITH THE FAIRY!!

Really? So will that work in favour of the creditor or debtor? Would be interesting to see the details of this case

Sorry rebel11, I have already started another thread i'm afraid. Shall I move the original post to this thread and delete the other one? Thanks

Do you mean the interest that applies for the duration of the agreement (14 days)? This would be the loan amount of £400 plus £120 interest. Or do you mean from the start of the agreement to todays date? I read somewhere that creditors cannot charge extra interest until a default notice has been issued and 29 days have passed since issuing the default notice. This would make the extra incurred interest unenforceable. Why? I'm guessing that you are certain that they won't be able to comply. Or is there another reason? Ive already done so but will update my complaint and include all the other drivel these idiots have sent me! Thanks again for the response. I really appreciate it!

I am writing in the hope that someone else has experienced this and may be able to clarify things for me. I can't seem to find any information about this anywhere. I have taken out 5 loans in total with Next credit. I can't remember the exact application process I went through with the first loan but all other 4 loans were applied for using their "fast-track SMS service" where you text the word LOAN followed by your surname to a certain number. You then get a reply asking you to send another text containing the word LOAN followed by the amount you want (100, 200, 300 or 400). Then you get another text about 5 minutes later saying that the money had been transferred meaning the loan is active. Now the last loan I took out is in default and has escalated from the original £400 to £1374 within about 6 weeks (a complete joke I know). I have CCA'd them and they have responded with something that vaguely resembles a credit agreement. Along with the document they wrote that: "You should note that you have demonstrated acceptance of the published terms and conditions by virtue of the compliant digital signature (double email) inherent in the audited application process (as per the 2006 European Commission Electronic Signatures Directive)." The thing is I never entered my email twice anywhere during any part of the application process (for this loan). I just sent the 2 text messages as described above. Do they mean the possible double signature I gave them for my first loan? Surely they have to get a new double signature for every new loan that's taken out, correct? I'm in no way trying to get out of paying them back but I want the upper hand when I negotiate what I am prepared to pay them back (certainly not £1374!) This way I can say that, should this go to court, they don't have a leg to stand on without a properly executed credit agreement and that any offer I make them is is purely to close the account once and for all. Either that or we can slug this out in court (which I am getting more and more prepared to do). Of all 7 creditors I'm currently dealing with this lot are by FAR the most difficult to deal with. Sorry that this post is so long winded but I hope that someone else could make use of this information (should I get a response ) Thanks guys

Hi all. I did a CCA request to TFF a while ago. First they emailed me the terms and conditions relating to someone elses loan agreement (wrong dates, wrong loan amount, wrong reference). I emailed them stating that this did not satisfy my request and that I still require the actual agreement. They have now sent me (by post) a similar agreement. This time the details are correct but the document is headed 'pre-contract credit information'. Does this count as a credit agreement? I'm pretty sure it doesn't but wanted to double check before I email them asking for the actual agreement again. I have another question regarding the same account but will start another thread to avoid confusion. A big thank you in advance to anyone who can shed light on this Matt

Yes, all loans I've had with these jokers have been paid into my account. But until they show me a proper credit agreement they can't enforce this debt....correct? It would be nice to get off the hook without paying them back a thing but I think that won't be happening. I just want a strong defence should they take me to court. As for the doorstep visits. I will send that letter out tomorrow but should they turn up I'll get my camera phone out and start recording the whole thing. I don't think they'll like that! I've also been thinking about phoning them and recording the conversation. That way they can't just say whatever they want if they know I can use it as evidence in court. Would I have to tell them I'm recording the call?

Hi sillygirl, thanks for your response. Tell a lie this is actually the 5th loan I have taken out. All previous loans, including this one, have been paid into my bank account (if that's what you mean?) and all but this last one have been paid off. As a matter of fact, I paid a lot of charges when I cleared my previous loan with them. I wasn't aware at the time that they can't do that so I just paid it. I guess I could claim back those charges? Maybe that's for another thread

OK that will be top priority for now then. I've had all the threatening letters and emails from all their inhouse DCA's. Apart from visiting my house theyve done pretty much all they can to bully me into paying. I'm not trying to avoid this debt but if it has to go to court to come to a workable repayment plan then so be it! I wonder if they've actually ever taken anyone to court themselves! So, until they get a real credit agreement to me with proof of how it was digitally signed I won't carry on trying to get a payment plan sorted. Thanks for the advice! I really needed a 2nd opinion on this bogus agreement they sent me

Wow, thanks for the mega quick reply renegadeimp! Tell me about it. They have been contradicting themselves in most of the stuff they send me. Varying payment amounts, dates, referring to things that "you agreed to" when, in reality, I didn't. Should I just thank them for the reply, point out the obvious errors and say that what they have sent me does not satisfy my request?

Hi all This is my first post in this forum even though I have spent many hours browsing through the very informative posts since getting into this PDL mess! A lot of the info has definitely been very calming and reassuring after receiving a lot of the standard bullying tactics that some of these companies employ!! Anyway.......to cut a ridiculously long story short, I have a few questions regarding a CCA request I made to Next Credit last week. Basically I have had 3 previous loans with this PDL (all paid off). After the initial loan it is possible to apply for the next loan by SMS. First you send a text containing the word LOAN followed by your surname. The next text you send is for the loan amount.....and that's it. From sending the first text to the money being in your account takes less than 5 minutes (that seems like a very short time to do all the neccesary credit and affordability checks to me). So since then I have missed the payment deadlines, had all the warning texts and emails from NC, been passed onto Northern Debt Recovery and now Marshall Hoares. I understand that all these companies are connected and their ridiculous charges are completely unjustifiable (Inital loan £400, now balance is at £1255). Back to the CCA request. I had a response from someone at NC in the form of an email containing a copy of the terms and conditions of the original agreement and a screenshot of the breakdown of charges on the account. The T&C's state a loan amount of £300 even though the loan was for £400. I also can't find any date on there except at the bottom which says 20/1/11 which is well over 12 months before I took this loan out! The bottom of the agreement also reads: "Having entered your email address twice during the application process and submitted your application, you confirmed that you have read and agree to the terms of this Agreement." (Oops, looks this this short story turned into a long one!) So here are my questions: 1. Having only sent 2 text messages, one containing my surname during the application process, does that count as a signature? I never "double signed" anything regarding to this agreement. 2. What do you make of the mistakes in the agreement (the loan amount being wrong and the date being from over 12 months in the past)? It seems silly to me to send a legally binding document peppered with mistakes 3. Does this satisfy a CCA request? I'm pretty sure it doesn't but I wanted to be sure before I ask for it again. 4. Apart from complaining to the relevant authorities what should my next move be? Ignore it? Make token payments? Any and all advice is greatly appreciated Cheers, Matt 2.