Payday loan help needed

[LJD2009]

Hi, after many months of trying to clear the ridiculous amount of debt i got myself into with payday loans, i am nearly there thankfully.

 

Apologies in advance for the waffle

 

I am having serious problems with one company, that i am on an agreed repayment arrangement with

 

I won't name the company for now as they do check these boards but the problem i have is that despite coming to an agreement to repay the loan over 6 months, they continued to constantly debit my card taking even the odd £2 if it's in the account. To go onto this arrangement, i had to agree to pay £40 in charges and £150 in default interest to freeze the balance.

 

It was agreed that i repay £120 a month, in month 1 this was paid on the due date by bank transfer as we had agreed. The next day, the company took various amounts from my bank account at around 3am. This was all the money i had left for the month.

 

I called them only to be advised despite being in an arrangement, if their system found that it was able to debit any funds they were within their rights to take it as i obviously had money available (who needs food for the month eh !)

 

I argued that i had an arrangement that i had kept to and it was to pay by bank transfer but they refused to take my card details off the system.

 

3 days later, my bank card fraud team called me as the company had been constantly trying to debit my card again.

 

I have now cancelled the card which their system must have recognised this as on Friday, i received an email to say my account was being passed to a debt collection agency who will add further charges to the account and will visit me at home if neccesary to obtain settlement of the account.

 

I called the payday loan company to ask why this was happening as i had paid over my arrangement thanks to them debiting everything i had left to be told it's an automated system they can't override and if anyone turns up at my house, tell them i'm in an arrangment and they'll send the account back to the payday loan company.

 

I said that's not acceptable and was told basically tough.

 

I really am at the end of my tether with this company. I understand i owe them but they were quick to agree the arrangement when i first contacted them and i haven't missed any payments.

 

Any advice would be great.

 

Thanks

Edited July 11, 2010 by LisaW75

[Jamie Kingston]

it's a real shame that they have / had your card details. If your card isnt cancelled already, then do it and make sure never to give the card details again. If you have another account to which you can transfer money and get paid to which no one has the details then do that too. Unfortunately there is nothing you can do about getting the money back, it will be a waste of time in my experience and others too. Stop paying them and wait for it to go the debt collection - then dispute it and show proof of you paying already, then once you come to an agreement with them pay them off and get back on track! it will be OK so dont worry.

 

To add, every company has different tactics so if you wish feel free to private message me and i'll give any advice i can - dont to this if you dont feel comfortable as some site team members dont think its a good idea...

[robjam1969]

Hi lisa

 

You have been too nice so far and they are treating you like an idiot. Jamie is right that all companies act differently. Even on the unlikely event they recognize you there is not much they can do. Don't divulge exact figures etc.

 

Time to stand up for yourself - good luck

[sillygirl1]

Get another account no, explain to your bank that they are breaching any agreement you had for them to access your account - now is your chance to name the company involved - it will NOT help you if you don't name them, and it won't be used against you if it comes to a court case, posts on websites aren't taken as admissions of intended fraud as some companies like to claim.

 

Get another bank account - Halifax have an online one where you can do direct debits etc.... the Post Office also has a basic account.

[LJD2009]

Thanks for the replies.

 

I have spent so much time on the phone to this company but it's like talking to a brick wall.

 

I don't think i have the energy to fight them anymore. i have paid of nearly £6k in payday loan debts and have kept things financially so tight over the last 9 months. I sold my car to clear many of the loans and have thankfully dealt with some other very understanding payday loan lenders who froze interest and charges without a problem. One even gave me a few months with the account frozen to clear some of the other loans and to then give them a call back after i was in a better financial position

 

The company that i am having problems are just awful. How would i find out if they are regulated by the OFT ?

Edited July 11, 2010 by LisaW75

[LJD2009]

I've stopped the card now and the bank have assured me no payments will get through.

[Jamie Kingston]

Lisa, what company is it? There is only so much we can advise without the information at hand...

[EBOY]

Hi LisaW75,

I believe you have the strength to fight this company. They have treated you badly. I would suggest reporting them to the trading standards. A simple email should suffice for this complaint. I would also complain to the Financial OMbudsman about them breaking the agreement, taking unauthorised money from your account and leaving you with nothing for basic necessities.

 

Secondly I would tell your bank that the money was taken from your account without your knowledge. You had an arrangement in place and the payday company broke their end of the agreement.

 

If your loan is defaulted and passed to a debt collection you will have to fight but they will probably accept a lower amount.

 

DO you have the repayment agreement in writing.

[robjam1969]

Hi lisa

 

Don't sell or borrow to feed these parasites. You can pm jamie or myself if needbe but please tell us who is being difficult.

 

They can nearly always be stopped.

 

If you can't tell us then then it is difficult but as a rule of thumb protect your income and refuse to pay them until you have a satisfactory agreement.

[cornetgirl]

Hi Lisa

 

I agree with everything said above - whoever this company are, they are taking the pee and need a good kick up the backside!

[LJD2009]

Hi, thank you so much for the replies.

 

The company is has a very, very similar name to a sub-prime credit card company

 

As my CAG id makes it easy to identify me, please don't name the company in this thread as i'll worry myself silly about it.

 

I only have the agreement verbally with the collections Manager but when i've spoken to other staff, they have confirmed the agreement is in place.

 

They never respond to my emails and i have spent a fortune on my mobile (no landline at the moment) calling the 084* number to speak to them.

 

On your advice, i spoke to the Financial Ombudsman today and the Lady was very helpful and advise me to carry on paying what was agreed and that they would write to the company regarding my complaint.

 

They can't take payments from my card anymore and i'll continue to make the agreed payments by bank transfer.

 

It's the debt recovery threat that's worrying me as i have my Sister-in-Law staying with us and i'd be so ashamed if a debt collector knocked on my door and she was home.

 

All of the emails i am receiving from the company make no mention of the arrangement only the total balance (not taking into account my payments already made) and the charges/interest they have applied.

 

Thanks again for your help

[EBOY]

Well Done. It is important to keep on the Financial OMbudsman. Did they give you a reference number.

 

Regarding the Debt Collection Agency. They use all sorts of threats. They will not be able to just show up on your doorstep.

 

Can I ask if you received a default notice letter from the payday loan company? Have you received any correspondence from the Debt Collection agency?

 

To be honest it sounds like the payday loan company has abused their rights and hopefully the FOS will sort them out properly.

[LJD2009]

Hi, i didn't get a reference number, i'll give them a call back tomorrow to take a note of it.

 

I phoned the company today to ask for something in writing/email incase the debt collector turns up at my door to prove i have an arrangement but was fobbed off repeatedly saying it's on their system and just tell the debt collectors to ring them to check.

 

I haven't had a default letter and no correspondence from the DCA

 

I don't know if it's just scare tactics but i'm fed up of being told the system is automated and they have no way of telling it that i am in an arrangement so the account doesn't need to be sent to the DCA

[LJD2009]

p.s is there any way i can change my CAG id ?

[sillygirl1]

If a debt collector turns up at your door you can send them away, they have NO legal rights, no matter what they might tell you and if they say they are a Bailiff they are overstating their powers... a bailiff is NOT allowed to be a 'common debt collector' nor be used as one.

 

There is a letter in the templates you can fax/email them telling them you revoke any authority for them to send somebody round.

 

It is a scare tactic they like to use - one company threatened to 'fast track' me to a bailiff to which I replied "Not without a court order you can't..." which sent the caller into a 20 minute tirade against me... I did pay this lot back in 4 amounts, and then they still tried to get more out of me!

 

The debt collector will have no right to collect money at the doorstep and you are within your rights to call the police if one does show up.

[robjam1969]

p.s is there any way i can change my CAG id ?

 

Hit the read triangle bottom left and ask the site team to do it. The company that are doing this to you are powerless when they can't raid your account. They will have to negotiate.

[LJD2009]

Hit the read triangle bottom left and ask the site team to do it. The company that are doing this to you are powerless when they can't raid your account. They will have to negotiate.

 

Thanks, i've just sent a message to the site team.

 

The thing is, there's no need for them to negotiate as i should be able to clear the loan within 3 months. The 6 months was just a safety net really to make sure i could afford the repayments after a large (and very unexpected) drop in our household income

 

It's my debt and i will happily pay what i owe. I just a shame that this company managed to make me feel like the **** of the earth.

 

I really am grateful for all of your support. Thank you

[robjam1969]

Stick to your guns lisa as you are now in control. You decide what you will pay and not them. Nothing they can do other than make you feel bad.

 

Good luck

[cornetgirl]

And nobody has the right to make you feel bad - unless you let them! Stay strong!

[LJD2009]

Thanks to the site team for changing my id. I can breathe again now

 

If anyone has quoted me in the thread where it shows my old id, or has referred to me by my name, could you change this for me if that's not a cheeky request.

 

I've made a formal complaint to the company today as i had another email this morning telling me legal action was now being taken to recover the debt.

 

I added my FOS reference to the email and also copied them in.

 

When i spoke to the FOS this morning, they also suggested i contact Consumer Direct so if anyone has any experience of doing this, i'd appreciate your advice

 

Can't tell you how mich i am grateful for your support