payday loans help please

[leothelion1986]

Hi.

 

This is a long one but sorrry I am completely stressed and need urgent advice please?

I have a few loans that I was happily paying back and juggling, then I lost my regular job (I'm a Uni student) so couldn't keep up payment.

I did the stupid thing and haven't contacted the company's! :/ I will pay them back just am not confident enough to arrange a plan by myself. I need help with this please?

This is not the end of the problem though:

One of the company's (VPMydirect Loan: Trading name of Lending Stream) did not accept any (I had the full amount) payment from me on the deadline day, which then incurred fees and carried on. I couldnt get in contact with them as the website was under construction and the phone number was unavailable. So I contacted Lending Stream via e-mail, they replied with a no record of this account so I was thinkin WTF!

Then VPmydirect loan started withdrawing random amounts of cash off my card at all hours of the day, forcing me into overdraft and defaulting my bank account. I went to my local branch and had a positive meeting with one of the advisors, he manged to jump through lots of hoops and get a investigation put on the transactions. I was refunded the random payments and was happy to be told the company had been cancelled authorisation on my account.---Not so though as a month later they have done the same thing.! Is this legal?

 

Now the toothfairy/NDR/Marshall Hoares have withdrew £90 from my account in three seperate transactions, without any authority to.

The payments were at 3 am!

Now after going to my bank and calling debit card services I have been told they are unable to carry out any investigations etc as this is a financial services company and I have to go to them myself.. I am basically now at a complete loss as what to do.

Also Wonga have taken £200 in seperate transactions from my account without communications, can they do this and can I claim this back

 

Thanks for reading, sorry for the long reply, I have been stupid and am now paying for it, but is ther anythin I can do to reclaim these transactions?

G

[silverfox1961]

Hi and welcome to Cag

 

I have moved your post to a thread of its own so that you don't get missed. Hopefully the guys will pop along soon

[coledog]

Just to repeat what I put on the other thread.

 

The only way to deal with these companies is to report your card as 'stolen' and open a new parachute account for any funds that you have or income you are expecting, even a basic account will do there are a number around. You have to regain control of your own money and then tackle any debts you may owe. Banks will not help if you have given these companies your card or bank details or let them set up Direct debits

[ihateyes]

cancel card, then start dealing with this.... never give them new card or bank details.

Also report to OFT, as these companies arent allowed to withdraw amounts both of you have agreed to...

 

Thieving is a crime, and these companies have all committed a crime imo.

[leothelion1986]

Hi,

Thanks for the advice, I will organise myself and find a parachute account. I will report the theft, however I am hesitant because it feels as though I don't a leg to stand on from me missing payments and not contacting the loan company's, is that likely to hinder me too much?

Thanks again for the advice,

[coledog]

These companies are a level below 'sub prime', they should be shut down IMO but the authorities are concerned that they are a 'cushion' against loan sharks so they still operate.

 

You actually trying to make an arrangement or contacting them would not have stopped them trying to clear your bank account, they do this unfortunately, so make sure that you protect your income. Do not try and agree any further payments to them until we have looked at this and keep everything in writing only, DO NOT speak to them on the phone, ever.

[leothelion1986]

Is there any possibility I will get the cash back that they took from my accounts?

I have reported the Toothfairy to OFT hope to hear back from them.

To be honest I dint have a clue how to report this or take it further.

 

The trick Marshall Hoares are pulling is to send me an SMS saying: WARNING in 5 Days bailiffs will be sent to home addresses, this will incur further charges.

Then each day counting down untill the day comes then BAM money taken from account. I will be interested what happens this time as my card has been reported stolen.

Thing is last time they took the cash was the day some wages cleared from a casual job I have--dont need to go into how much I relied on that cash!!had to dig into savings and am now broke(thanks !!) this time the count down is for a day I am expecting £60 to clear from a new job, coincidence??

I know this is confusing--I am so confused and feel absolutely lost with what to do...

 

Thanks for all your help so far C-DOG & ihateyes

[coledog]

Have a look at the other thread you originally posted on regarding these 'fake' bailiffs, I have been following but not very closely I am afraid. Hopefully someone will come on here and advise who knows more than me.

 

Just ensure that these people cannot access your funds. I do not know how easy it would be to get your money back.

 

I would suggest that you ignore the texts and calls. Email each companies and tell them in no uncertain terms that you are in financial difficulties, are unable to pay at present and that they must contact you in writing only. Also that any unauthorised attempts to access your bank accounts or take action without a court order will be reported to the appropriate authorities including the police.

 

They cannot take action without taking the matter to court no matter what they threaten and these companies are often reluctant to go in front of a judge

 

Give Consumer Direct a ring and explain which companies are harassing you. See if they can get Trading Standards to act on your behalf.

 

Trading Standards via http://www.consumerdirect.gov.uk/contact

 

Also give National Debtline a ring as they can be quite helpful

 

I will ask some Caggers with more experience to have a look in

[sillygirl1]

The 'bailiff' has NO POWERS at all and if they say they are a REAL BAILIFF then they are acting outside their bond and need to be reported to the courts. These companies like to fly 'under the wire' and using bailiff or 'enforcement' firms to frighten people. If anyone does turn up call the police and report that somebody is demanding money with menaces from you.

 

I would also go to the police and say you need a crime number to claim from insurance (even if you haven't it gives you leverage with the bank and other authorities) for all the instances these companies have taken money from your account.

 

As Wonga like to advertise they are ethical go to the Advertising Standards Agency about this as well, and get complaints into the following

 

Trading Standards - http://www.tradingstandards.gov.uk

OFT (via Consumer Direct) - http://www.consumerdirect.gov.uk

 

Remind the OFT that they have already told Toothfairy off for taking money 'at will' from accounts and you have evidence that they are continuing the practice.

 

You may not think your own complaint is worth much but EVERY complaint seems to count now the OFT are becoming more pro-active.

 

Halifax do an online account where you sign up online and get very good banking facilities, its called the Easycash account.... doesn't need credit checks (but I am not sure if they get somebody else to do that .... sneaky or what?) and is quite quick for acceptance.

 

Just simply changing your card won't work, you need to write to your bank stating the account has now been compromised and you will be taking court action and asking for a bank representative as witness to the action... that is another way of making the bank realise you mean business.

 

Keep all offers to these companies in writing and state that if they do take any money out of your account you will consider the contract broken by them and will take action accordingly, including reporting the taking of the money to the appropriate authorities.

[Revenant]

Hi G.M

 

If you can open a folder within you messages section on your mobile and save all thier texts as they will timed/dated

 

It will help to prove that they are harassing you and making threats that they cannot carry out

 

Regards

 

R

[lexihatton]

I defaulted Wonga today and reported my card 'lost' last night. Today got an email saying my payment was rejected from the bank due to insuficiant funds....not because the card was cancelled...so my guess is the lost card trick dosnt work. I have £200 going in tomorrow can they take this with the card reported lost?

I have rung my student finance company and they are only going to put my money in my Basic account with no visa or direct debit facilitity...Im praying it will be safe there but will have to wait 3 weeks for money while they wait for the change of bank details in the post

.

Now I have no funds going into the 2 card accounts they do have (apart from tomorrow), how do I get them to set up a payment plan?

No responce to emails so far and when I have rung after waiting 40 minutes in a queue I was cut off !!!!!!!

gratefull for any help

Thanks in advance

Lex.x

 

[coledog]

Communicate with them in writing only, as I have advised GM above. Inform them that your circumstances have changed and that you cannot make a payment offer at this time but will review your circumstances when your situation improved. Advise them that if they attempt to access your bank account or harass you by phone you will report them to the OFT, trading standards and the police.

 

It is the only way to deal with these companies I am afraid and you have to take control of your own finances first. When your income allows you to offer an AFFORDABLE repayment arrangement, you can do so but you must not be bullied by these companies or let them tell you what THEY want you to repay.

 

IF this was to go to a court, these companies are very nervous of exposing their dubious lending practices and high interest rates - in my opinion and a court would never make you repay more than you can reasonably afford

[leothelion1986]

Alright i seem to be making no progress atall. I phoned OFT for a complaint, they were happy to say the financial contract I entered into gives the toothfsiry the right to remove money from my account! I am so confused I didnt know how to argue, I had to reitterate that I gave no permission and they had broken the agreement by not accepting my communication, so therefore the contract was broken. She said its still within the TF rights to withdraw cash from my account.

 

Crazy,,I went to barclays and they said the same thing plus completely refused to help atall, said I have to take the matter up with TF direct. So I did, they sent me this :

 

Dear Grant,

 

Thank you for your email. You currently owe Ł1194.

 

You need to start making payments as a matter of urgency.

 

It is quite simple. The more you pay and the more quickly you make payments the more we will be able to drop the fees that have been added to your file.

 

This will CONTINUE TO RISE as it goes to your Local County Court for a CCJ.

 

We would prefer to come to an amicable arrangement so we suggest that you INFORM US TODAY OF THE AMOUNT you will be able to pay and when. The minimum we will accept is Ł150 per month.

 

Any payment offer which is too low will simply lead us to go automatically to Courts to secure repayment of the debt. We will apply for a Warrant to seize goods or an attachment of earnings/benefits. WARNING: This judgement will affect your permanent credit file shared by all lenders affecting your ability to borrow in the future.

 

Remember, the more you pay and the quickly you pay it the less work we need to do in monitoring your file and therefore the more we can reduce fees added.

 

Act now and we will be able to stop your credit file suffering any further.

 

If we DO NOT HEAR from you today then we will have no option but to take this through your local County Court. We will seek a Warrant of Execution to instruct Bailiffs to seize goods and seek an attachment of your earnings/benefits. You will be liable for full fees and further Court and Bailiff costs.

 

Act quickly to avoid extra costs.

 

Yours Faithfully

 

Jason Ash (43)

 

Door Collections

 

Marshall Hoares Bailiffs

 

Telephone: 0843 381 1111

 

The content of this email should not be considered as an acceptance of any offer unless we previously review and expressly approve in writing your terms and conditions relating to the subject matter of this email.

 

The information in this email is private and confidential. If you are not the intended recipient(s) or have otherwise received this email in error, please delete the email and inform the sender as soon as possible. This email may not be disclosed, used or copied by anyone other than the intended recipient(s). Any opinions, statements or comments contained in this email are not necessarily those of Marshall Hoares Bailiffs Limited. If you wish clarification of any matter, please request confirmation in writing.

 

Marshall Hoares Bailiffs Limited.

 

Registered Company No.: 6871092

 

Consumer Credit License: 631168

 

We take precautions to minimise the risk of this email containing a software virus but you should use virus checking software.

[BRIGADIER2JCS]

Grant, in this situation if your user name is your real name you can easily be traced by

the the creditor you are fighting, we know DCA's and others are monitoring the site, may i suggest a change of user name.

[ihateyes]

is this guy trying to scare people or what... i notice under his name it has door collections... i bet he has never called on a door at all!!

 

joke!

[BRIGADIER2JCS]

I've got a couple of old doors he can have at a reasonable price + interest at a very high rate:madgrin:

[BRIGADIER2JCS]

Joking aside the court process is extended,

1 they have to bring the claim,

2 they have to win

3 you have to fail to keep to the terms of the judgement if they win

4 Judges are usually much against issuing warrants for relatively small amounts because of the costs involved

5 Attachment of earnings orders are the very last resort as in some cases an individual could loose their job because of it.

[coledog]

Please read through the previous posts.If they have your card/bank details your account is compromised and YOU MUST protect any further funds you receive. You are unlikely to get a refund if you had actually given them your card/bank details, it is how these companies work.

 

DO NOT agree to any repayment they suggest and tell them, in no uncertain terms that your circumstances have changed, you cannot make repayments and will report their threats to Consumer Direct/ OFT and the police. When your situation changes, you will look into making affordable repayments to them.

 

They are not bailiffs and if they were to take court action their ridiculous behaviour would be exposed. Do not be bullied by them and whatever you do, don't be tempted to borrow more money to get out of this - lecture over

[lexihatton]

Send a nice email back telling them after considering there 'offer' of you just paying the money back you are now in the process of looking in to setting up an IVA. They may reply differently then as they know if you have a large amount of debt they would be unlikley to see any of the money your paying in the IVA to pay debts...I did this with Welcome Finance, this was a while ago and the loan is now paid but as soon as I told them that they started to make offers of payment plans AND stopped interest.

These people push and push because they want there money...let them think your letting another company deal with your debt and they soon change there mind.

With the Wonga problem mine is sorted but as I put on an earlier post my friend told me today she 'lost' her card and they didnt get a penny! maybe it takes a week or so to push the payment through but by then her money was safe.

Get a new account and get your money safe, then deal with these bullies one by one.

Good Luck.

[sillygirl1]

Trading Standards MUST be sent a copy of that email, and send it to ripofftipoff as well with your story, they would be very interested indeed in how this debt is being 'racked up', so incidentally would a court, and if they try to go to court with the amount they claim you now owe they could make you bankrupt

 

They are flying very close to the wind and you need to let the people in authority know that they are out of line, even if you have to spell out each of the OFT guidelines the effusion from them breaks.

[sillygirl1]

As stated on other threads, Bailiff firms CANNOT collect common debt on the doorstep, if they do you MUST report them to the Ministry of Justice and they could be in line to loose their licence.... which would be poetic justice.

[leothelion1986]

thanks so much for the help and advice.as said earlier OFT did not offer any sympathy to my case, I won't lose faith though and that email has been forwarded to OFT..In respect to a change of username, am I breaking the law looking for help in thus forum? I have not sold or disclosed any unauthorised info so for this thread I will have to keep my name as any change will presumably be available to the gestapo. thanks for the advice still I'm not trying to be rude,

[coledog]

Was it Consumer Direct that you spoke to? They cannot really offer advice but should record the complaint.

 

I personally think that it will be difficult to get the money back that has been taken, but follow our advice to try and get this sorted for the future.

 

The only problem with your username is that it identifies you, if you are not too bothered about that, fair enough. You can click on the triangle on your post and ask the site team for advice on this

[maria obrien]

Firstly you need to go to the bank and cancel your debit card , tell them you have lost it , and they will send you out a new one all card numbers will be different so the payday loan pepole cannot acces ur account.Next call the debt support company 08000431230 , who will arrange a payment plan.hope this helps

Hi.

 

This is a long one but sorrry I am completely stressed and need urgent advice please?

I have a few loans that I was happily paying back and juggling, then I lost my regular job (I'm a Uni student) so couldn't keep up payment.

I did the stupid thing and haven't contacted the company's! :/ I will pay them back just am not confident enough to arrange a plan by myself. I need help with this please?

This is not the end of the problem though:

One of the company's (VPMydirect Loan: Trading name of Lending Stream) did not accept any (I had the full amount) payment from me on the deadline day, which then incurred fees and carried on. I couldnt get in contact with them as the website was under construction and the phone number was unavailable. So I contacted Lending Stream via e-mail, they replied with a no record of this account so I was thinkin WTF!

Then VPmydirect loan started withdrawing random amounts of cash off my card at all hours of the day, forcing me into overdraft and defaulting my bank account. I went to my local branch and had a positive meeting with one of the advisors, he manged to jump through lots of hoops and get a investigation put on the transactions. I was refunded the random payments and was happy to be told the company had been cancelled authorisation on my account.---Not so though as a month later they have done the same thing.! Is this legal?

 

Now the toothfairy/NDR/Marshall Hoares have withdrew £90 from my account in three seperate transactions, without any authority to.

The payments were at 3 am!

Now after going to my bank and calling debit card services I have been told they are unable to carry out any investigations etc as this is a financial services company and I have to go to them myself.. I am basically now at a complete loss as what to do.

Also Wonga have taken £200 in seperate transactions from my account without communications, can they do this and can I claim this back

 

Thanks for reading, sorry for the long reply, I have been stupid and am now paying for it, but is ther anythin I can do to reclaim these transactions?

G

[BRIGADIER2JCS]

Hi, The only way to stop this is to completely

change banks any ''new'' account with the same

bank will be accessed.

You need to open a ''parachute'' account asap

get all income paid into the new account straight away.

I suggest a Co-Op basic account, quick action is needed

otherwise it will not stop.