Payday Loan Help - Taking Control

[drob]

I have several Payday Loans and I have decided to try and take control, please can someone be kind enough to offer advice on the following. I have reported my debit card as lost andthis has now been cancelled.

 

1. Is there a template letter I can send to my bank to deny any attempts made by a Payday lender to set up a DD?

 

2. Is there a template/spreadsheet to offer a pro-rata payment?

[Jamie Kingston]

hi Drob. Good on you. One thing at a time mate, start by listing the lenders - who you owe will help determine how to deal with each lender...

[drob]

hi Drob. Good on you. One thing at a time mate, start by listing the lenders - who you owe will help determine how to deal with each lender...

 

QuickQuid

I had 2 loans with QuickQuid but these have both been passed to Debt Collection Agencies, 1 to Gothia & 1 to McKenzie Hall. Both account are on hold with the DCA's whilst they send me a full statement of account and agreements.

 

1 Month Loan

These guys have been great and I was able to freeze interest and agree a repayment plan.

 

Cash Genie

I have asked for a payment plan to be set up to repay the Initial loan amount plus 1 months interest. My offer keeps getting refused, however Cash Genie are trying every trick in the book to obtain my Card details by offering to wipe the charges added to the account and role-over the loan. In my opinion I have made every resonable attempt to reach a solution.

 

Payday Express

I have yet to contact them, however they tried to phone me 15 times yesterday. My plan is to open communication by email to try and set up a payment plan.

 

Wonga

Repayment of this loan is not due until 17th September, however I have reported my debit card as missing or stolen and this has now been cancelled.

 

I am going to pay all my lender the Initial Loan Sum plus the Initial Interest amount, however I will not offer to pay any charges or further Interest. I am looking for a spreadsheet to work out pro-rata payment to all my lenders then if any of them go down the CCJ avenue the court can see that I have taken steps to pay the lenders.

 

Apart from Wonga non of the lenders have any of my card or bank details. I have cancelled the card that Wonga will attemt to use next week. After research it appears that Wonga do not use your bank details to try and set up a DD and clear your account out.

 

I am thinking of writing to my bank to tell that Wonga may attempt to try and set up am unauthorised DD and may attempt to obtain my new card details fraudulently. I will advise the bank clearly stating that all agreements entered into on my banking details come to an end and for future security if they recommend that I change my account number then I agree to this.

 

CashChoice

This has been passed to Clarity and I have asked clarity to prove my liabilty, as yet Clarity have been unable to provide evidence of my liability.

[sillygirl1]

Wonga DO use your bank details, get another bank account pronto for your wages to go into, they will take every penny they can get their hands on.

 

To cover your back for unauthorised payments write a letter to your bank for each individual company telling the bank that they are no longer allowed to take any money from your account via debit card or by using the bank details. Should anyone get money then it is a bank error and they should give you an immediate refund....

[drob]

Wonga DO use your bank details, get another bank account pronto for your wages to go into, they will take every penny they can get their hands on.

 

To cover your back for unauthorised payments write a letter to your bank for each individual company telling the bank that they are no longer allowed to take any money from your account via debit card or by using the bank details. Should anyone get money then it is a bank error and they should give you an immediate refund....

 

Hi SillyGirl

 

I will inform my bank by recorded letter that Wonga are no longer allowed to set up and DD nor are they permitted to money from any debit card associated with my bank account. I will also inform my bank that I no longer have an agreement in place with Wonga. I will also give the bank permission to change my bank account number if they so wish.

[Jamie Kingston]

Wonga do not have the facility for DD's either. the only lenders i know who take money by DD areQuick Quid, PTP, Everyday Lending, V Gates and WageDay Advance (may be missing some!) The other larger lenders do not. If you have cancelled your card you are safe from Wonga.

 

All your offers seem fair and you are going about it the right way. Email them and then follow up with a phone call a couple of days later if they dont respond. You are doing the right thing and going the right way about it mate. Good luck.

[horseshoe]

Hi Matthew, I am new here but just saw yr msg to Drob. I am a victim of these loan 'sharks' and that is exactly what they are! I was stupid enough to think that I cld take loans with several sharks and manage it comfortably! however quickly realised i wasnt able to. Like many others that have fallen into this trap I too cancelled my debit card, purely because of the ridiculous and excessive interest they apply! to date nobody has been able to touch my account, and rightly so! If the sharks even thought about doing this I would have them done for fraud as it should only be the holder of the account that can agree to a DD or use of a new card! What I want to know, if you have any knowledge of this, is why arent the Financial Ombudsman looking into this seriously?? Why are they allowed to practice when they are obviously bending every rule in the book blatantly, harassment, I thought, was illegal and yet they continue to harass people constantly. It doesnt bother me that they say "we will send a collection agency to your property" as I know my rights there and will tell them to get lost, but I have had one shark even call my workplace! I also do not understand the mentality of people who work for these sharks, the way they speak to you is unbelievable, I actually think they are just thugs 'dressed up'. Im a good person, have been stupid getting involved with these crap companies agreed, but I would love to see these sharks shut down once and for all. Anyway sorry about the rant! but if you know of any reason why nothing is being done about this, please share. You may quote this in an article if you wish but I will remain anonymous.

[cooldude1980]

Just to add....I am due in Court with cash genie and you guys are right...the more attention we can draw to this the better...

 

search for cash genie taking me to court to follow my thread...but any help you guys can provide on what to bring to the judges attention would be appreciated...i suspect these companies don't take many people to court for a reason - they dont want to show what they really get up to...but as I am due in court anyways I dnt mind using my case to bring these companies and their unreasonable practices to the judge...Who knows...it may lead to something further??

[drob]

So ... Wonga, do they use your bank details to set up a DD and clear out your account or not???

 

My wages are due to be paid into my account next week, the same day my Wonga payment is due. The Debit card has been cancelled and I have managed to set up a Basic account with Barclays so once my wages get paid next week I will transfer the money over to my new account just incase Wonga start to play!!!

[cooldude1980]

yes...wonga will clean your account for you given half a chance....

[drob]

yes...wonga will clean your account for you given half a chance....

 

How will they attempt to do this as I have cancelled the debit card that Wonga take payment from

[drob]

I have now tried 6 times to set up a payment plan with Cash Genie. I have offered the Initial loan amount of £150 and Initilal Interest payment of £45. Cash Genie will set up a repayment schedule but only for the whole amount they claimed is owed, this includes charges and more interest.

 

I emailed again today to try and set something up and received the following reply from Cash Genie ...

 

As previously stated this will not be accepted.

 

You have a legally binding consumer credit agreement where you have agreed to repay any charges or interest incurred due to any missed payment.

 

It would appear that we have hit a dead end and the only route is that in the direction or the courts.

 

I have also informed them that any court action will be defended to which I have received the following reply to.

 

Your defence would be accepted, However our case would purely be based on the fact that you have previously agreed to pay any charges and interest which you may incur when you default on a payment.

As requested please see below a summary of your account:

Loan Amount

150.00

Deposited

150.00

Interest

180.00

Charges

125.00

Total Payable

455.00

Repaid

0

Balance

455.00

 

 

I can confirm all interest and charges will be frozen on receipt of your first payment

So an original loan of £150 has now turned into an outstanding balance of £455.00

[robjam1969]

Hi drob

 

Be careful with them as they do take folk to court. Make life difficult for them by sticking to court deadlines and ensure they don't get judgement by default. This assumes you are comfortable going the court route.

[Jamie Kingston]

good advice by robjam. you'll have to follow the court process very carefully and you should come out ok.

[drob]

My solution for Cash Genie is that I am going to get them to agree a repayment plan, freeze any further Interest, add no further charges and agree no court action. Once Cash Genie agree to this I will simply pay back the oriiginal loan amount + the 1 months original Interest.

 

If Cash Genie want any more than this then they will have to take me court and explain their Interest Rates and Fees.This is the route I will be taking with all my outstanding payday loans to repay the original loan + 1 months original Interest.

 

In my opinion all Payday Loan comanies are the same. They will not let you set up a repayment schedule until you default and that way they can add extra charges and interest!!!

 

.

[Jamie Kingston]

good tactic, could work. by the way WONGA use your debit card details in order to take payment, that's all.

[drob]

good tactic, could work. by the way WONGA use your debit card details in order to take payment, that's all.

 

I have cancelled my debit card that is registered with Wonga. Wonga wiil have my bank details as they used this information to issue the loan.

 

Wonga are due to take payment from the cancelled card on Friday 17th, my payday, this will fail due to cancelled card. I also now have a new bank account with a different bank so on Friday I will transfer all my money into my new account as it has been too late to change my bank details with my employer.

[toofiegap]

Hi Horseshoe I am at the moment myself fighting one of these companies and have had possitive responses from certain areas (not saying a lot at the moment as poss anonymous trolls maybe snooping in as maybe spoil what I am trying to achieve) but will post up when sorted but I know exactly where you are coming from and beleive they should be closed down or monitored as they are in the states I know its o my fault for even going there but in hindsight (yup) I would have never ever used them

Edited September 12, 2010 by toofiegap
slight addition

[Jamie Kingston]

you're on the right track mate, your money should be safe.

[drob]

Cash Genie

They accepted my offer of £25, however I asked Cash Genie to agree to the following ..

 

1. All Interest will be frozen on receiving first payment.

2. No further charges will be added to the account.

3. The account will not be passed to a third party for collection.

4. No court action will be taken.

5. Your Bank Account details for standing order

6. A comprehensive breakdown of the outstanding amount.

 

Today I have received the following email from Carter Forbes....

I have been forward the email below from Cash Genie UK Ltd. Your account has already been passed to us for assistance in collection of this debt.

 

I am unable to accept repayments for £25 per month at this stage, on the grounds that the offer is too low, and currently unsubstantiated. At this rate of payments your full outstanding balance would not be repaid for a further 1 years and 7 months.

 

I have attached a Statement of Means form to this email. Please complete this as accurately as possible and return it to us within 14 days. Once this has been received we will review the information you have provided, this may allow us to accept your repayment proposal, or offer a repayment plan in line with your disposable income.

 

I can confirm that once a repayment plan has been agreed by both you and ourselves, and the first payment has been met, all interest will be frozen, you will not be subject to further administration fees and no court action will be taken providing your repayments are maintained.

Please see below a comprehensive breakdown of your current outstanding balance.

Original Loan Amount: £150

Original Interest Payment: £45

Late Payment Fee: £15

Letter Fees (charged at £12 each as outlined in your agreement): £60

Interest June: £45

Interest July: £45

Interest August: £45

Transfer to Carter Forbes: £50

Total Outstanding Balance: £455

 

I will provide you with our account details for a standing order payment once and arrangement has been agreed.

Regards

Agent 168

Carter Forbes Collections

 

 

So now it all gets a bit confusing!!!

 

1. Cash Genie accepted £25 per month and then pass the account to Carter Forbes

2. Carter Forbes will not accept £25 but want an I&E completed

[sillygirl1]

If you want to see what happened when Tower Capital tried to take a CAGGER (Skyblue2007) to court you can see they had to amend their Particulars of Claim, and then the court struck out the case.....

 

They have very little ground to bring action against you although they do huff and puff, if you want any help in doing a defence let me know.

 

£50 to transfer to Carter Forbes - who are they trying to kid? I think you need to get in touch with Trading Standards over that little missive as it is way out of line to charge 'transfer fees' - very much against the OFT guidelines too so a complaint to them is in order as well.

Edited September 14, 2010 by sillygirl1
Missed a bit

[sillygirl1]

Tell Carter Forbes they are not allowed the I&E form, only a court can order this, just do a simple statement stating

 

XXX income

XXX priority outgoings

 

XXX left for essentials

 

XXX left for XXX creditors

 

Do NOT give any bank account details or any employment details as they will try to get your employer to do an attachment of earnings. In America they just ring up with the info and that is that (as far as I know) but over here an attachment of earnings can only be done after a CCJ has been breached.

[drob]

Thank You Silly Girl....

 

The I&E that Carter Forbes sent wanted to know more Information than I was prepare give anyway. I have attached the I&E - Statement of means template they sent me below, just to give you an idea of how intrusive it is....

 

Statement of means Form.xls

 

As stated earlier Cash Genie had accepted my repayment plan prior to passing the account on to Carter Forbes. I have informed Carter Forbes of this and they have now emailed me back...

 

"Which Cash Genie UK Ltd representative have you made this agreement with? There is no arrangement registered on your account at present"

 

I have again replied to Carter Forbes and given them the name, time & date my offer was accepted by Cash Genie

Edited September 14, 2010 by drob

[sillygirl1]

It is a case of the left not knowing what the right is doing with them... if they have passed the file to Carter Forbes they should already have that information.

 

Under no circumstances fill in that Income and Expenditure form, it is a sneaky way of getting your bank details. I trust you have already changed your bank card and got another parachute account, Halifax or the Co-op seem to be good for these. The Halifax one you do online.

[drob]

I cancelled my old debit cards and have opened new bank account with Barclays ....

 

As Cash Genie accepted my offer, do you think Carter Forbes will honour this and shall i just upset Carter Forbes and send a CCA request