Debit Card Loans/Chequebook Loans Ltd claimform - PDL **STRUCKOUT + £200 costs**

[s4ddys]

Hi All,

 

Has anyone else had issues with the above company?

 

 

I took out a loan months ago which I then couldn't afford to pay back.

They have sent a few letters then I fought back with a CCA request.

 

 

Since then Barclays have sent me two letters about 2 months apart saying this company have tried to set up standing orders on my account for £200 per month until further notice.

 

 

I remember signing a standing order mandate but they have obviously photocopied it and filled in their own details, cheek!

 

I have reported them to the FOS for doing this previously but I have still heard nothing.

 

Has anyone else had any issues with the above company or have any advice on what I should do?

 

I am panicking incase they set up an SO and it goes through.....

 

Thanks

 

S4ddy

[robjam1969]

No easy way of stopping them other than to be constantly checking. They would be in the wrong but difficult to argue that when they have your money.

 

I would certainly write to them asking them to stop. I would also be wary of leaving any sizable sums in your account. If you have salary going in be extra vigilant!

 

A new bank account would be handy! Or tell current bank that your details have been compromised and ask for new account number.

[s4ddys]

Hiya,

 

Still waiting on a reply from the FO, but they have tried to do it again twice since. Luckily I bank with Barclays who send me the mandate asking if it is legit. Would suggest going into your bank and changing your details.

 

Will let you know outcome when I get something back.

 

My opinion is that it is illegal and would be interested to hear a solicitors view on it, if you tried to set up a standing order on someone elses account with a photocopied document for a random amount which has never been agreed im sure this amounts to fraud / theft, im sure the police would also be interested.......

 

Oh, and I have also sent the story to BBC Watchdog, so report it to them, the more people that do the more chance of getting heard!

[mjc007.5]

Hiya - getting more and more stressful dealing with these companies here and no let up in sight. Apparently they can claim on card details that they have (even if cancelled!!) and any cheques that you issue with guarantee cards can also go through! Cancelling the account and moving your banking wholesale elsewhere does not even do it!! The banking system working for the customer! (bear in mind I am trying to communicate with firms and advise them that in difficulty and would like to agree repayment plans). Trying to talk to them or email does not help - an absolute disaster in every sense of the word. I rue the time I ever decided to use any one of them! Do we have no rights with these firms??? (sorry but very stressed at present ) !

[bub1]

When you cancelled your card did you say that the payment was not authorised?

I did this and also put it in writing to my bank and said that if any payment went to the companies that I had listed I would hold them responible as they had been notified by phone and by letter.

 

Surely the card would be shown as cancelled when they try to put payment through?

 

Also, whatever payment arrangements are made with these companies get it in writing!

 

bub1

[mjc007.5]

Cheers Bub going to try what you have suggested and give them a list. However they say these are "continuous authorities" and as such "may get paid" even on a cancelled card. Croc of ****!

 

It is getting me down now but I am mindful of this being the idea so the unreasonable ones out there will not win!

 

In respect to the OP (sorry if this has drifted off topic a bit) - what they have done to you sounds illegal but given my experience with cards etc not so sure. All you can do is proceed as Bub suggests for now (in addition to what you have already done)

- would certainly second that a new account for salary is likely in order (worst case then the original bank runs up a debt paying your debt to these people when advised not to and you can slug it out with them!).

 

 

Unscrupulous the whole lot of them! Fine whilst you are paying (perpetually in debt and "extending") rubbish when you either cannot or want to come to an arrangement to pay them off!

[bub1]

If any of you have overdrafts on the accounts that they are trying to get money from, can you not cancel od

[kingpredictor]

Hi All,

 

Has anyone else had issues with the above company? I took out a loan months ago which I then couldn't afford to pay back. They have sent a few letters then I fought back with a CCA request. Since then Barclays have sent me two letters about 2 months apart saying this company have tried to set up standing orders on my account for £200 per month until further notice. I remember signing a standing order mandate but they have obviously photocopied it and filled in their own details, cheek!

 

I have reported them to the FO for doing this previously but I have still heard nothing.

 

Has anyone else had any issues with the above company or have any advice on what I should do?

 

I am panicking incase they set up an SO and it goes through.....

 

Thanks

 

S4ddy

 

 

Hi - just been reading this because the same has happened to me however it looks like they got away with £300. I queried this unauthorised standing order on the day it was debited - Barclays say it was taken into a branch with my signature for this past Friday. The money went out the same day as it was set up.

I am really doubtful that I will get this refunded, I already had an arrangement with this company via the CCCs to make affordable payments yet it seems that anyone can get your money by a fraudulent standing order.

[s4ddys]

Hi all,

 

Just require some advice if possible as im a little bit worried.

 

I took out a payday loan with Debit card loans on the 21st August 2008 and agreed to pay them back on the 15th September. I defaulted on the repayment and since then have struggled to make a payment to them.

 

After receiving a couple of letters from them, I wrote to them on the 17th February 2009 with a CCA request to which they did not reply and complaining at the fact they had tried to set up fraudulent standing orders on my current account without my knowledge. I also wrote to the Financial Ombudsman to inform them of my disgust and the standing order fraud.

 

They wrote back to on 8th July threatening me with court action, to which I replied on the 14th July telling them the account was in dispute so they could not take me to court.

 

I also stated that I had submitted an official complaint to the FO who were investigating. I have received confirmation from the FO they have received my complaint and would be investigating as they had previously written to DCL asking them to respond to me (to which they have not done), but as im sure you all know, these things take time.

 

This morning I recieved a summons from Northampton County Court with DCL claiming £488.00 plus £35.00 court fees. The original loan was for £160.00

 

I didn't think they could do this as they had not responded to my CCA request or replied to the FO.

 

I am worried now thinking the courts will rule in their favour and I will be CCJ'ed for over £500.00 for a £160.00 loan.

 

I can prove I have sent all correspondence, as the FO have copies of everything, was just wondering:

 

What people think I should put in my court defence when I file it???

 

and ,if they are allowed to take me to court even though the account is in dispute??

 

Also would it make any difference that I am waiting for the FO to investigate my complaint??

 

Urgent help would be really appreciated as I have a time limit to submit my defence.

 

Thanks in advance.

 

S4ddy

[Ell-enn]

Hi there, complete the Acknowledgment of Service on line and state you will defend all of the claim. This will add another 14 days to the time limit to file your defence, so giving us longer to see what we can do.

[s4ddys]

okeydokey will do

[theotherside]

I didnt think payday loans ever took people to court!

[postggj]

ist time ive known it to

 

while in dispute ref failing to respond to your cca request in the allocated time limit as they are not allowed enforcement while the dispute continues,

 

thats a defence in its self

 

i saw off mortimer clark sols in court on that one

[s4ddys]

what happened???

[postggj]

They Withdrew The Court Claim

 

Its A Defence In Its Self

[mjc007.5]

Hiya,

 

First time I have heard of any of these firms going to court as well! I suppose had to happen some time, sorry this is happening to you. As already said on here combination of excellent site team and already flawed actions by them in attempting to enforce whilst not responding to a CCA request should enable you to see this off.

 

If they have definetly not responded to your CCA request or acknowledged that you have various complaints pending then can only be the court action can only have been filed in a fit of pique (or stupidity) because you have challenged them? . As well as defence posted by postggj (I have pointed this out when threatened with court action by one of these firms and suddenly agreement reached instantly to pay in instalements only what was actually loaned!) then there would also be the contract itself (not just prescribed terms but unfair terms given interest rate etc).

 

Best of luck, keep folk posted

[postggj]

Thats Why Payday Loans Never End Up In Court

 

They Would Have To Explain The Loan Shark Interest Rates To The Court

[robjam1969]

POST normally has a good nose for this with all his welcome finance hunting. I suspect they are hoping to get judgement by default. If they won't negotiate fight them all the way. Doubt they want to see you in court.

[postggj]

Correct Robjam

 

The Last Thing A Payday Loan Company Needs Is To Explain Itself In Court

 

Fight All The Way

 

Cpr Request First

 

Show You Mean Biz

[s4ddys]

thanks for the advice. Postggj what do you mean by Cpr request?

 

Cheers

 

Dan

[postggj]

Ill Dig It Out

 

I Take It You Have Not Acknowledged The Claim Yet

You Have Two Weeks

 

Please Confirm

[s4ddys]

have submitted AOS today intending to defend the whole claim, so have about 3 weeks.

 

Cheers

[postggj]

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

 

OK

 

NOW SEND BY RECORDED TO DEBIT CARD LOANS

[postggj]

As They Failed To Send You A Copy Of The Agreement With In The Time Scale

 

This Will Be Thrown Out Of Court But Need To Go Through Pre Action Protocol

 

I Have Allready A Defence For You Also

 

Regards

[s4ddys]

Ok thanks, have just sent it recorded delivery. What do I do if they come back with a signed copy of the agreement now, even though I requested it in February?