When should I contact my PDL's re payment agreements

[coledog]

Full marks to you for wishing to pay this but never ever pay more than you can afford and never, ever speak to Clarity on the phone - they will try and get you to incease the payments etc and threaten you. I had Clarity phoning me every 2 from 8 in the morning until 8 at night, until I set Trading Standards on to them.

 

Are Pounds Til Payment a very dodgy looking company based in Malta? If they are I would be challenging their validity to collect this debt from you and the amount of interest charged etc. IMO I would send a CCA request to Clarity and request the credit agreement and supporting information, link below, it is your right to do this. You may find that Clarity just refer the account back to PTP and you here no more from them.

 

CCA Request

 

CCA letter to send with a £1 postal order by recorded delivery, do not sign. They have 12 plus 2 working days to reply. If nothing valid is received you can send a letter to put the account in dispute and this should stop them contacting you.

 

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

 

Account in Dispute letter to send after 12 plus 2 working days

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[robjam1969]

Clarity are reasonable people (compared to other DCA's), they will let you pay by standing order. You can never be totally safe when they have your card details.

[Cait116]

I have had ENOUGH of PDE. They keep calling me and I keep telling them NOT to call me because they won't accept my offer, so what is the point of calling me! They send me texts and emails telling ME to call THEM and tbh I have had enough. The last straw is this - received an email from them

 

Dear customer- Payday Express has been trying to contact you without success. We have instructed our agent to call within the next 3 days between the hours of 8am & 7pm. If this is not convenient please call us on 0800 012 6347 to arrange a more suitable time.

 

What a bunch of liars! God only knows how many times I have emailed them and told them on the phone not to call me! Sent them this back:

 

Despite numerous emails requesting communication via writing only, you have continued to harrass me. I suggest you read the paragraphs below that are emboldened. I DO NOT wish your agent to visit me, in fact, you would have to make an appointment with me in order for you to carry this out.

 

My "fair and reasonable" offer still stands. I am willing to pay you £55 per month for my original loan plus one month's interest only initially for a period of 3 months. You can then review it as my mortgage arrears will be paid in full.

 

If you do not think this is fair then I suggest that you sue me. However, I intend to vigorously defend any action.

 

I only wish to communicate via email or letter so please do not telephone me or send me texts.

PARAGRAPHS FROM THE OFT DEBT COLLECTION GUIDANCE

Final Guidance on Unfair Business Practices

July 2003 (updated December 2006)

 

OFT664

 

THE DEBT COLLECTION GUIDANCE

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

 

2.6 Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals

 

b. pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing

 

c. using more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties

 

d. not ensuring that an adequate history of the debt is passed on as appropriate resulting in repetitive and/or frequent contact by different parties

 

e. not informing the debtor when their case has been passed on to a different debt collector

 

f. pressurising debtors to pay in full, in unreasonably large instalments, or to increase payments when they are unable to do so

g. making threatening statements or gestures or taking actions which suggest harm to debtors

 

h. ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

i. disclosing or threatening to disclose debt details to third parties unless legally entitled to do so

 

j. acting in a way likely to be publicly embarrassing to the debtor either deliberately or through lack of care, for example, by not putting correspondence in a sealed envelope and putting it through a letterbox, thereby running the risk that it could be read by third parties.

2.12f: Visiting or threatening to visit debtors without prior agreement when the debt is deadlocked or disputed.

 

By 'deadlocked' we mean where a debtor (or debtor’s adviser) agrees there is a debt and has offered a repayment programme which has not been agreed by the creditor or debt collector. We are not saying that any offer must be accepted but we have seen cases where offers are disregarded and a debtor is told that 'we are sending field agents'. Many debtors are unlikely to understand this term and are likely to view the visit as a threat designed to make them offer more money when they can pay no more. Some letters appear to be designed to give this impression.

 

[vjohn82]

They won't send an agent, it's too expensive for them.

 

Wait for PDE to send it to a debt collection agency and eventually they'll accept monthly payments.

[Cait116]

Yeah will do thanks vjohn. They are sorely p***ing me off though, don't know how many times they call and are told "writing only!"

[sillygirl1]

I know, these companies use the phone as they can bully people and leave no trace.... this is why the emails should be kept and can be used in evidence... the company may say that you have posted up on the internet that you are not paying, (I've seen it done in defences a couple of times lately) and when presented with the thread mentioned you can show a different angle, that you DO want to pay and you DO want to contact them.

 

Should it coume to court I have a good skeleton defence that has been used, and some case history to back it up. It is more of a witness statement than a fully particularlised defence but I have found you can't go down the same route as bank loans and credit cards with this area of the law.

[Cait116]

Thank you Sillygirl! I might take you up on that offer.

 

Gawd, I dunno where I'd be without this website. TBH it's good just to let off steam now and again xx

[Cait116]

p.s. what are the differences between credit cards, bank loans and PDLs defences? Is it because of the very high interest rates on PDLs? Just curious really. Would like to know more

[sillygirl1]

It all depends on the particulars of claim, the latest one states a COUPLE took out a loan - when only one person did - so their POCs are flawed straight away.

 

They mention the amount owing but don't tell you any fees added, default interest etc etc etc. It is the fees and default amounts which you argue differently. In most cases the claim is either discontinued or it goes to mediation and they accept the original loan amount plus one months interest (both have happened twice this year alone).

 

Its similar to a mobile phone scenario rather than a bank loan scenario due to the dodgy contract terms, dodgy APR calculations and dodgy POCs.

[Cait116]

I see! Would you recommend me sending them a CCA?

[sillygirl1]

Only if you haven't got a copy of the original agreement.... you really need to SAR them to get all the charges information and what payments they have taken etc etc etc, there is a big difference here.

 

What information do you need from them?

[Cait116]

Well, they have charged me £100 default sum and said that there would be more charges added monthly. My original loan was £520 - total repayable - £650 (loan payment due on 28th Jan). If I SAR them it will have to wait until I get paid at the end of the month as unfortunately I don't have a tenner going spare to pay for it.

[IN-Trouble]

glo,

 

You wont be the only one theyll have to sue, 500 loan here to PD express, same situation, constant phone calls, never answered one of them, I keep forwarding them the same email with my repayment plan telling them I am not available by phone, I can go forever, it doesnt cost me a minute sleep.

 

Maybe ill see you in court!!!

[Cait116]

Yeah, sure thing In-Trouble - maybe we can make a day of it

[Cait116]

Hi guys

 

Received a default notice from Payday Express today. Should I send a reply?

 

Thanks!

 

Glo

[jellycubes]

Have they agreed to a repayment plan ? Is your credit rating already ditched like mine ? If so just keep offering the repayment plan and till they accept let them send the threatograms x

[Jamie Kingston]

of course, offer the same amount (or push it up a little if you can) and see what happens.

[Cait116]

will do, thanks guys x

[sillygirl1]

Is it a LEGAL default notice in the right format? If not they are playing games..... a default notice should give you 14 clear days to remedy the situation.

[Cait116]

not sure sillygirl, how do i tell?

[sillygirl1]

Why not post up the details on here then other experts can say whether it is in the 'prescribed format'. Its actually quite unusual for a PDL company to issue a default notice so that makes me suspicious in the beginning.

[Cait116]

Default Notice uploaded, any advice guys? Thanks x

 

BTW the letter is dated 14th April but I didn't receive it until the 22nd!

default notice.pdf

[Delboy01]

Above all dont worry about it, there are a few this MAY happen that MAY happen. The 14 day threat will turn into months. You are in control or soon will be. Its not an easy road and in the next stages there are many fine people on here to assist you through it and allieve your worries. Keep us updated and people will advise you.

You are amongst friends and fine friends they are.

[Cait116]

Thanks Delboy, I know. Don't know where I'd be without the help of everyone here x

[sillygirl1]

A default notice should give you 14 CLEAR days to repay any ARREARS, not the whole sum, that is a wonderful piece to hang the company with, you need to get it to Trading Standards via Consumer Direct and the Office of Fair Trading asap as they are taking the proverbial. They are already carrying out item 1 in the letter which should come after 14 CLEAR days (NOT INCLUDING BANK HOLIDAYS - even some courts get this one wrong!) and have probably carried out item 5 as well... how right they are about Trading Standards though, they would be very interested in THEM!

 

Should they try court you can piece by piece use the dodgy default notice in your defence, it isn't an absolute defence anymore, only a partial one (absolute meaning they will more than likely discontinue than face a judge in person). Keep that safe.