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payday loan company / debt collection agency need help urgently


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hello all

 

i recently sent a letter disputing charges amounting 118.00 that i had been charged by pounds till payday loan company. i informed them that i was putting the account into dispute and would not budge until the charges were removed.

 

i did not here from them for a few months, but yesterday i received an email from a collections company called clarity credit management saying that they were dealing with the case now and that i was to contact them to arrange payment of the account. Now the amount they stated was the original amount with the charges intact.

 

This is starting to worry me now as they have seemingly taking action despite my formallydisputing the amount.

Are they allowed to do this

what should i do. i cannot pay straight away

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OK have you made a formal request for the return of your charges ? Have you sent them a letter before action ?.....If a debt is in dispute then the OFt's guidelines state that once in dispute the debt should not be passed around....

 

Edit this below and send to Clarity...

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** have not yet repaid my excessive charges then I consider this account to be in SERIOUS DISPUTE.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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  • 2 weeks later...

okay here's an update. I sent the letter in the above post to Clarity and didnt hear anything since until this morning when i received a copy of the credit agreement in the post from them. it has:

 

original amount: 400

total amount payable: 519

DURATION OF AGREEMENT: 30 DAYS

APR: 364.76%

these are all highlighted

 

also highlighted is a passage where it talks about the charges

If there are insufficient funds in your account on the payment date then you will incur a defult charge of £69.

 

Now to me this shows that they are not even listening to the fact that i have an ongoing dispute with PTP, despite my correspondence with them.

 

What shall i do next

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Im sure you can go down the extortionate interest rates route. with original creditor,re itterate that the debt is in default. I find DCAs normally give up when they realise you cant be bullied

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