bob and MT collect - not my loan!

[sillygirl1]

As I have said, simply changing your card is not enough, you need a new bank account, tell the bank they have a duty to you to provide you with a new account number WITHOUT you having to go through their online security system as clearly your account is now compromised, and because of that you are at severe risk of suffering material and actual hardship.

[snowdragon]

ty silly girl will certainly do that as it is the Easter holidays coming up hope it gets done quick,thing is my JSA is due to go in on Tuesday as I sign on this Thursady

[renegadeimp]

In all honesty i'd advise getting a new bank account and having your JSA paid into it. Then you can transfer money to your old account as and when you see fit, to pay off bills.

 

After the experience i had when i was in debt 6 or so years ago, i now have 3 main accounts and 1 savings. my money goes into a main one, my bills are attached to a 2nd one, and the third is for day to day usage. It allows me full control over my money and who i pay.

[snowdragon]

ok,ty, will ask job centre for a form to have JSA paid into new account and get Bank to give us a new account,we only have one bank here as I live in a village in the countryside,buses only run every two hours if you are lucky!

[snowdragon]

those "nice " people from CFO have today sent me a letter. In an attempt to get your laon agreement with CFO out of arrears we have applied large redutions to your outstanding balance.To take advantage of this discount you will need to call or email us and make arrangements to pay before 27th April 2012.

 

Original Balance £495.65 (news to me )

Reduced Balance £257.15

 

Minimum Payment £72.15

 

 

and it goes on etc, any idea what to do as, 1) I never asked for a loan from CFO (my bank is doing a fraud thing into them taking unauthorised payments from my account )

2) Why a funny ammount,

Any advice welcome

[renegadeimp]

Just ignore it. They cant do anything. If they try and take you to court, submit a full defense and force them to appear in court, then they will have to explain in front of a judge why they are harassing you for money when you have never asked for a loan in the first place.

 

Suffice to say, once they see youve submitted a defense, theyll be rolling over backwards trying to settle out of court. However, keep with it, they will be forced to appear, and if they dont ( which is the norm for them), then you will be granted an automatic win and will most likely have costs granted to you.

 

It's a last ditch thing to do, but really i would take this all the way to court, as youve clearly tried to inform them, even going so far as to get another bank account to stop them stealing your money.

[snowdragon]

thanks for that renegad, CFO say they paid £200 into my bank account at end of Jan 2012, seeing as I losy my job at the end of that month why on earth would I consider getting a loan of any type and tbh if they did pay it in then I would not have realised as all my money got swapped up by d/d's and bank charges.Must say my bank have been quite good up to yet and given me back any money CFO have taken from the account and like I say it is now being investigated

[renegadeimp]

Easiest way to counter that accusation? Go to your bank and ask for a notarised statement for January and february. Then if they take you to court, you can simply say "ok. Where is this £200?" Do it in court though. NEVER give them ANY personal documents otherwise.

 

Your first port of call is to go to your bank and get a complete statement for the timeframe so you can find out IF they have sent you the cash. If they have, you want to find out why, as you have never agreed to any contract or even contacted them to get a loan.

 

Just remember though, if it did go in and you used it for DD's etc, then you have to pay it back. However, you will only have to pay the £200 back because, as above, you never agreed to any contract or asked for it. Therefore you are simply returning the money that was erroneously given when concrete proof was found.

[snowdragon]

thanks for your help,if we find out CFO have put the money in our account what will happen re the fraud investigation? Like I say we did not ask for a laon or sign for one and certainly had no forms/letters re a loan from CFO

[renegadeimp]

Cross that bridge when you come to it. Each bank has its own procedures for investigating fraud. If the money did get put in your account and you spent it, knowingly or unknowingly, you will need to pay it back, however, they will have a difficult time explaining to a judge why the added on interest and charges, for a loan you never authorised.

[snowdragon]

thanks,our bank had instructions not to let any payments go from our account without our authorisation and they have given us back what CFO took out,quite worried now,who are CFO and how did they manage to put money into our account? I always thought any loan had to be signed for?

[renegadeimp]

Any loan does have to be signed for, else it could be considered a gift. However, theyre becoming sneakier and sneakier lately.

 

The PDL's tend to share account information around between themselves, and some even deposit money in peoples accounts who have had a loan before or who have expressed interest. They then add on charges/interest and try and say you owe it to them, thinking because the loan went into your account and no contact was made by the account holder to find out why, then it will stand up in a court as you accepted it.

 

However, they dont realise that since it was 100% unauthorised, all they are entitled to is the original loan back, not including any charges/interest. It's the same for pretty much any loan that went in erroneously.

 

The best thing to do is get a fully itemized statement from the bank that covers around 2 weeks either side of date of the supposed loan and go from there.

Edited April 11, 2012 by renegadeimp

[snowdragon]

thanks once again,I have got the said statement and yes it shows CFO paid £200 into my account end of Jan 2012,guess I am in big trouble

[renegadeimp]

No. You're not. It was an unwanted and unauthorised payment into your account. As i said before, they are entitled to it back, but only for the £200 and only at a rate of what you can afford. Even if this means £1 a week/month etc. No matter how much they kick and stamp their feet, it isn't your problem they gave you £200.

 

If you want, i could write up a quick letter for you saying that you have been in discussion with the bank about the amount and are willing to pay it off, but only on YOUR terms. Not theirs.

[snowdragon]

thank you, that will be good, I am on JSA at mo,any idea what will happen re fraud thing as they did take money from our account which was not authorised

[renegadeimp]

Youd have to check with your bank. They wont give the money back as it isnt their choice to do it. If they try, simply say you are already agreeing a repayment plan with them. Each bank has its own procedures so its hard to advise specifically.

 

Give me a few mins and ill write up a quick letter which you can edit or add to.

[snowdragon]

thanks,the bank has already given us the money back that CFO took out,just worried now as like I said it has been passed to their fraud team

[snowdragon]

we are also paying our bank £10 a month for charges we owe.just how much trouble are we in,CFO should not be allowed to do this,got enough to worry about right now

[renegadeimp]

Everything in red can be deleted or edited as needed.

Feel free to add what you like, but never add any more personal information, nor any specifics that are not related to the amount.

 

If at all possible, send it to their complaints address. NOT the general contact one.

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Re Account No/Reference No:− 4563210025897412

 

I write to you regarding our multiple recent conversations about a loan amount for £200 that was deposited into my account on xx/xx/xxxx.

 

Upon discussion and deep investigation in my bank account by my bank manager, it would appear that the amount stated was indeed deposited into my account as you stated.

 

This loan amount was NEVER authorised by myself, nor was it even asked for by your company. It seems that you took it upon yourselves to deposit the above amount into my account without prior consultation/authorisation or legal contract.

 

However, as a matter of good grace, i am willing to pay back the £200 loan to yourselves in due course at a repayment rate that i can afford, due to currently being on JSA.

 

I am willing to pay you xxx every week/month until the £200 is repaid.

 

THIS OFFER IS FINAL AND NON NEGOTIABLE

 

As i am sure you are also aware, under OFT guidance regulations, it clearly states that ANY repayment offer must not cause me further hardship and will not be unfair to other creditors who have a legitimate right to repayment. As such, the above amount is the absolute highest amount i can offer as a repayment plan due to my circumstances.

 

Please note that i will NOT be paying any charges and interest on the account as the amount, as stated above, was neither authorised or requested.

 

Should you apply ANY charges or interest to this amount, i will have no choice but to inform the OFT and FOS along with trading standards. Should this happen, i will also put the entire debt into dispute; and as i am sure you are aware, you are legally obliged to cease any and all collection attempts, as well as communication with my self until the dispute is settled amicably or until the OFT and FOS's investigation is concluded. This could be a lengthy process.

 

Also note that should the FOS become involved and investigate my complaint, it will cost YOU a considerable amount of money for them to investigate.

 

 

Should you ignore this letter or decline the repayment offer, i will have no alternative but to perform the above actions, along with possible court action, where i will show the court complete evidence that i neither requested nor authorised any loan from your company, and that i am more than willing to repay the monies owed.

 

As you can see, it is in your best interests to agree to the aforementioned repayment plan in order to settle the amount owed and for us to part ways amicably.

 

Please confirm the above in writing ONLY. Any other form of contact will go ignored and unanswered and will be treated as if no response was attempted.

 

Upon acceptance of my offer, i will immediately commence repayment of the debt. Note that i will ONLY pay yourselves by Standing Order, so please supply your Bank details in order for prompt repayment.

 

Yours faithfully

Mr A N Other (Do not sign. Type your signature)

 

 

One thing you MUST remember is that is a LOW priority loan and was never asked for nor authorised. Therefore they need to understand that every other debt you have is higher priority than theres ever will be. As an example, if you have milk delivered to your house, the milkman has more priority than the PDL.

 

Play them at their own game. Show you know your rights and watch them squirm.

Edited April 11, 2012 by renegadeimp

[snowdragon]

brill thanks,will now copy that as not sure how to save it,hope they understand my hand writing! lol much appreciated,just the bank/fraud bit to face now

[renegadeimp]

DONT WRITE IT.

 

Type it by computer and either print or email it.

 

Just left click and drag over the text, press your right mouse button and click copy.

 

The on your desktop, create a notepad file, right click inside the open file and click paste. Then click File > save. You can then edit it to your liking.

[snowdragon]

have no printer

[snowdragon]

tried to copy it from here to save it but it will not let me

[dx100uk]

hold down your keft mouse button and drag the blue over the text you want to copy

 

then let go

the text will stay blue

 

right click on it and hit copy

 

then start your email to them

and in the msg box

 

right click

hit paste

 

dx

[snowdragon]

ty dx