Ta RI

I thought it would be prudent to continue paying, it just irks me that the PO is for £44-00, and I'm asking them to acknowledge payment of £50-00 off the debt. Will the FOS see it like I do too ?

Afternoon everyone, a brief update

TMS sent their final response just before Christmas but within the deadline. Full of all the usual BS, so having got Christmas and New Year out of the way, I have now completed the FOS complaint form and sent it last week. I paid TMS by Postal Order on the 1st of November and December, they cashed them both on the 31st December. Should I write to them now, to let them know I am escalating it to the FOS, and should I pay them for January ?

any/all help always greatly received

Evening all, this month's update,

have sent December's payment by Postal Order again, although they still haven't cashed November's payment yet, but they did sign for the recorded letter it arrived in.

Still no reply to the Formal Complaint, but they do have until the 18th December to reply.

Thanks RI, it's not that I REALLY need it, I just want it put to bed so to speak. I appreciate I will have proof enough to defend any action, or stop any DCA in its tracks, but I don't want to have to do that.

Am thinking a simple recorded delivery letter asking for confirmation of account settled and closed will do. If they fail to agree or reply then I can send a Formal Complaint and escalate it to the FOS. Whilst they haven't been particularly awkward, their affordability checks were woeful and they may have to pay for FOS involvement, more people should complain.

Musings welcome

Hi, I'm not an authority by any means, but you will probably need to firstly ascertain whether Portfolio legally own the debt.

Maybe a "do not acknowledge" letter to Portfolio, and an SAR to Wonga, for starters

Phone call logs have been kept, strangely they have never sent texts or e-mails.

All my letters have been sent recorded and proof of deliveries printed from Royal Mail's website

Bank statements show payments made to the account details enclosed with CC's reply to the SAR

Other than the letters listed in post #1, they have never chased in any other way

Evening all, again, still helping my stepdaughter with her pdl problems, this time Cheque Centre(CC). Brief timeline/synopsis follows

21/05/13 - loan taken

18/06/13 - loan repayment due date, failed as no funds

02/07/13 - letter rec'd from CC, stating no payment made, £30 admin fee added

17/07/13 - DN rec'd from CC, possibly non compliant

23/07/13 - Circumstances changed/SAR letter sent to CC

30/08/13 - SAR rec'd from CC and covering letter with their account details on

01/10/13 - letter sent to CC explaining back in work and payment made by online transfer

01/11/13 - second and final payment made to clear account by online transfer

CC have never called or e-mailed my stepdaughter

I have not paid the £30 admin fee added on 02/07/13

I realise I have no confirmed receipt of either payment (yes I'm a pratt), so I now need to force this issue.

Am I still ok to send a formal complaint and include that I want confirmation of the account being cleared ?

As ever, any/all thoughts welcome

TBH, I couldn't care less what they think/do !

All I'm doing is leaving a paper trail showing my willingness to sort the problem and repay the debt.

The clock is ticking on FOS involvement

Further update, still no phonecalls since Official Complaint reply received, and as I promised I have today sent a PO with the below covering letter

The Money Shop

Castlebridge Office Village

Kirtley Drive

Castle Marina

NOTTINGHAM

NG7 1LD

1st November 2013

Account No:

Dear Sir/Madam

As I have stated in my previous correspondence with yourselves, I am looking to repay the above loan by way of an affordable payment plan, after my financial situation changed unexpectedly.

To date, you have failed to provide me with your account details to enable me to do this, so as I have previously proposed, please find enclosed a postal order made payable to yourselves to the value of £44-00.

I expect this to be reflected as a payment of £50-00 towards my account, as I have had to deduct the associated costs of paying this way, leaving a new balance of £447-00 in full and final settlement.

Would you please be kind enough to forward a receipt by return of post ?

Thank you for your co-operation in this matter, I look forward to hearing from you as soon as possible,

Yours faithfully

I await their reply, but won't be holding my breath

So TMS replied by post today, acknowledging my Formal Complaint. They were told in my letter of 1st October to communicate in writing only, but continued to call between 5 and 7 times per day, monday to friday, all logged. My Formal Complaint, dated 21st October, again reiterated that all communication should be in writing. They have continued to call each day, until today when I received their reply, strangely no calls today.

Their reply was the usual "we acknowledge" rubbish, that they have 8 weeks etc etc....

As expected, no account details for me to pay them, so I will be sending a Postal Order, minus costs, on the 1st November as per my repayment plan laid out in my Formal Complaint.

Any/all thoughts appreciated

Excellent news on the wages front, good result with TLS too

24/7 Moneybox not replying is not a problem, now you have worked out what you can pay them just send a couple of e-mails a week telling them what your repayment plan is, don't send the I&E, wait to see what their reply is

When doing your I&E exclude what you think you should pay the pdl companies, and see what your true disposable income is. If it's £10, then they get a pro-rata portion of that £10.

There are plenty of planners available, search CAG at the top of the page

I appreciate it's not a pleasant position to be in, but as you say you will sort it out

Then I would suggest above all else securing this months wages by opening a new account and getting your wages paid in to it. Yes the bank may have cancelled your cpa, but ever seen a thread mention, cancelled cpa money still gone ?

Next actually work out your I&E, how can you offer payment plans if in your own words "even I don't fully know this" ? PDL's are unsecured low priority debts

You have notified them you are experiencing financial difficulties and wish to enter a repayment plan, this will not happen overnight, but make sure when you do come to an arrangement you can afford it and it doesn't tip you back into their clutches.

Just keep at them

Presumably, the same legislation you threw at them in post #14 ....... ?

Please don't take offence but, sites like CAG would not need to exist if all institutions dealt fairly with everyone else. I hope you sort your problem out with the minimum of fuss, but I rather suspect this will be no walk in the park

I would e-mail back with your offer, minus the I&E at this stage, and tell them it's in Full & Final Settlement, could they please forward their account details to enable you to pay them.

You don't need to reply to either e-mail. "Further action" is meant to scare you into overextending yourself again, don't fall into the trap.

As manontheweb advised, I would seriously look into getting a new account and securing this months wages ASAP.

"You have advised that your situation has changed due to unforeseen circumstances, can you confirm this in more detail? Are you still currently in full time employment? Has your hours changed in work? What has changed in your income that you now cannot pay this in full on the 31-10-2013?"

From my limited experience this kind of information is on a need to know basis, and TLS don't need to know any of that.

Have you worked out what you have already paid them, what you still (if any) owe them and what you can comfortably afford to pay them each month ?

They will lose anyway as I fully intend going to the FOS regardless of the outcome, and I am sure that will cost them the FOS investigation fee, which will far exceed any interest they get paid.

Thanks for your musings, am going to go with £497-00, as that is the figure they recorded with the CRA on 30/06/13, which was a month past the original repayment date. They can't have it all ways round

Thanks for the kind words

Question still remains how much to offer these muppets ? The £497-00 is from the CRA report but dated 30/06/13, DN was sent 16/07/13 giving 16 days to resolve and for an amount of £582.83. Letter was sent recorded on 23/07/13 stating circumstances changed and unable to pay as agreed.

From what I have read from here and other sources, they can ask for original loan, 1 months interest and reasonable default charge. £582.83 is probably close to that amount, though I can't work it out ! DN mentions no cost in itself, and can't see anywhere they state how much for a DN.

Or as previously asked, do I leave the amounts out and the ball in their court ?

How is this ?

The Money Shop

Castlebridge Office Village

Kirtley Drive

Castle Marina

NOTTINGHAM

NG7 1LD

21st October 2013

Account No:

FORMAL COMPLAINT

Dear Sir/Madam

Further to my previous letters, 23rd July 2013 & 1st October 2013, and in compliance with your complaints procedure, I am now lodging a formal complaint with you in regards of the above account.

My complaints are that you have contravened OFT guidelines in a number of ways, primarily but not exclusively, in that you failed to properly assess my suitability for the loan, have treated me unfairly once you were made aware of my financial difficulties ignoring my right to revoke authority for methods of contact, resulting in undue stress and harassment, and refused to offer an alternative payment method and affordable payment plan.

In order to resolve this situation I will pay £497-00 over 9 months, 8 x £50-00 and a balance payment of £97-00, in full and final settlement. I will pay by online bank transfer on the 1st day of each month, to any account you designate and use the account number above as a reference. In addition I also require any default/Default markers removed from any and all Credit Reference Agencies that you use, and reiterate my demand that you contact me by letter only.

I am aware that as this is a formal complaint you have up to 8 weeks to conclude your findings in this matter, and would request that you forward your final response at its conclusion to enable me to escalate my complaint to the FOS at the earliest opportunity.

Thank you for your co-operation in this matter, I look forward to hearing from you as soon as possible,

Yours faithfully

My reasoning for getting shot asap is that I think they have a legitimate case for marking her credit file, although I have added it into my formal complaint. If paid now then that's 9 months off the other end for it falling off after 6 years

Any/all thoughts greatly appreciated

Do I mention how much I will pay or just leave values out altogether ?

I hear what you are saying and there is heaps to challenge them on, however, she did borrow the money and it needs to be paid back. What I was trying to ascertain was how much exactly.

I am trying to work out whether I now write an official complaint letter, and start the 8 week clock ticking to involve the FOS ?

I have scanned in a copy of the agreement

[ATTACH]47040[/ATTACH]

any more questions please ask

Agreed that it's a joke, but I want resolution. If I write and ask for a settlement figure then they will come up with some fictitious amount anyway, I need to know what they are entitled to ?