chequespread

[sarahtxx]

my sister has been getting calls from these..... she had a payday loan from samedaycash , she had used them before with no problems but she lost her job and the direct debit failed ... the loan was got over the internet and no forms were signed just a typed name online ... they are asking more money than she can afford to pay and today told her that they wont accept what she offered and are going to issue a court summons..... can they do that? and who does she send a cca request to same day cash or chequespread

[Pinky69]

To Chequespread as Same Day Cash's agents. To commence court proceedings they would need to have something that qualifies as an electronic signature online and the typed name may very well cover that. NEVER speak to them on the telephone - keep everything in writing only.

[sarahtxx]

thanks for the reply ..... can anyone else confirm if the cca will be enforceable with just an electronic signature

[MrShed]

AFAIK they can.

 

More importantly, getting out of the debt on this technicality would be classed as "debt avoidance", and the official line is that these forums do not support that(although plenty of people do here - I am not one of them).

[sarahtxx]

AFAIK they can.

 

More importantly, getting out of the debt on this technicality would be classed as "debt avoidance", and the official line is that these forums do not support that(although plenty of people do here - I am not one of them).

 

she is not trying to avoid her debt at all she just wants to avoid court action and pay it back at a rate she can afford to still eat at

[MrShed]

In that case, the CCA route is pointless, as the reason you would request the CCA is to prove there was no debt(in theory).

[sarahtxx]

she was doing it to know if they had the correct one or not as i know you need to have it to be able to go to court ... she does not want a summons

[MrShed]

I think the pertinent questions are:

 

- What value is the debt

- What has she offered to pay

- What do they want her to pay

[sarahtxx]

i think the debt is just under £500

she offered £5 a week just until she gets a new job but they want nothing less than £20

[IdaInFife]

Sort out an income and exp sheet and see what she can afford and attach a ltter with the payment proposal. Send the first payment with the letter and keep up the payments she has proposed.

 

If they did go down legal route they would look pretty stupid if she does the above.

 

 

Idax

[IdaInFife]

oh and add on the letter than if her circumstances were to change in the future she will make contact

Edited June 17, 2008 by IdaInFife
fat fingers + keyoard = spelling mistakes

[sarahtxx]

thnaks for your help