Swift Sterling/speed credit threatening bailiffs Advice please!!!

[Sophia1205]

Hi I have a few payday loans and have managed to get repayment plans sorted out with 3 relatively easily. The three I'm having trouble with are

 

Speed Credit - original loan £100 to repay £157 now its £187.

 

Swift Sterling £125 - now wanting £188

 

Cash Genie - arranged repayment plan but not before they took £45 in three seperate amounts (in one day) the day after they had agreed a repayment plan (before I had a chance to cancel my card, which I have now done. I emailed them to complain, and have heard nothing back for ages now.

 

SS, sent a couple of emails to me, standard nasties - I replied back with offers of repayment and have done pretty much every day since but heard nothing at all, for over a week - very sinister silence that is worrying me - do I keep sending the emails offering repayment??

 

Speed Credit absolutely refuse to acknowledge my emails of repayment - just sending nasty emails - threatening with bailiffs etc - just simply refuse to even say they have read my emails - not sure what I should do next??

 

Payday Express said they will consider a repayment plan but are insisting I send them 3 months wage slips and proof of my reduction in hours via a letter from my employer - I really don't want my boss knowing my private PDL hell problems.

 

I am the only worker in my house, part time and receiving benefit help with my housing now

 

Any advice or experiences with any of these companies would be really appreciated, thanks x

[dx100uk]

they have no right to see any of your pers financial details.

nor work stuff

 

sanitise the bailiff emalis and post them here too

 

dx

[renegadeimp]

Lets take each PDL in turn and see what you can do.

 

Cash Genie

 

Instead of getting in touch with their complaints department, you should have gotten in touch with your banks fraud department and possibly the police. They have in effect, STOLEN the money from you, especially since it was debited 3 times in one day AFTER you had agreed a legally binding repayment plan ( I hope you got confirmation of the plan in writing) and WITHOUT your permission.

 

Also, file a full complaint with the OFT and FOS as soon as you can. Provide as much information as possible.

 

SS

 

Only send 1 offer of repayment. Send a simple income & expenditure form to back up what you are saying. Give them 14 business days to reply, after which, we can advise again. If you recieve any "nasty" letters, post them here so we can advise further.

 

Speed Credit

 

If they refuse to acknowledge your letters, then that is their problem. As long as you have proof that you sent them, plus a copy of the letter, then you are safe should your case ever reach a court, as you can show that you want to repay the debt, but the lender refused to acknowledge your intentions, instead preferring to hike up charges and the debt.

 

Also inform them that under OFT guidance regulations that they must make allowances for repayment of the debt and come to a mutually agreed repayment plan. This can include stopping all charges, and interest.

 

With the bailiff threat, remind them of their responsibilities under OFT guidance regulations that clearly states that you must not be bullied or harassed. Also remember that they cannot send ANY balliff to your house. They would need to get the case through a DCA, to a court, WIN their case in court, have you default on the court orders and then have it passed to a bailiff who must them give you a minimum of 2 weeks notice to attend your house. This could take months/years, as well as them incurring charges to get it through court, and you being able to have your say in front of a judge.

 

Payday Express

 

Do NOT under any circumstances send in ANYTHING to do with your employment or bank details. By asking for this they are breaking the Data Protection Act. They do not need these details at all. The ONLY thing you need to send them is a simple Income & Expenditure form. Nothing else. If they don't like that, then that is their problem.

 

Also, you should file a complaint with the OFT and FOS in relation to this as it is classed as bullying and harassment. As well as it breaking another regulation.

 

 

 

 

Hope that helps out. If you get any letters from them, scan them to your computer, edit out all personal info and post them here. Either as a picture, or you can use a free online PDF converter and post it.

Edited March 26, 2012 by renegadeimp

[Sophia1205]

Thank for the advice, I was starting to feel much better. SS have replied at last saying thanks for the email we will pass to our collections team that are ONLY reachable by telephone (hmmmmm)

as for Speed Credit, despite me sending them numerous emails today they sent me this:

 

We have made a number of attempts to contact you by email and SMS to discuss the outstanding balance on the short-term loan you took out on 21.02.12 and you have made no effort to resolve these enquiries satisfactorily.

 

We have also warned you in advance of additional charges you have incurred.

 

As we make clear to all our customers our product is intended to be a short term financial solution. If the loan is extended this product can become expensive.

 

As we have not heard from you and not received payment we have been left with no alternative and are writing to advise you that this debt will be passed on to our Debt Collections Agency in the next 24 hours.

 

As per the terms of the contract b etween Speed Credit and yourself instructing the Debt Collections Team will add a further GBP 150 to the balance you owe. Debt recovery agents will call at the addresses we have on file for you until they are able to successfully collect the sums you owe. If our debt recovery agents, after a reasonable attempt at the addresses on file, cannot successfully recover the monies owed by you, we will issue a claim against you in the County Court for the outstanding balance plus the further charges and recovery costs that have been incurred.

 

You should be aware that a County Court Judgement against your name will remain for 6 years on the National Credit Records (NCR) accessed by employers, insurers and banks and may result in:-

 

a) difficulties in obtaining future credit

b) any current employers being informed so an application against your earnings can be issued

c) difficulty in securing future emp loyment due to an adverse credit history and credit score

d) difficulties in obtaining a mortgage

e) being questioned at a County Court as to your financial circumstances

f) a Warrant of Execution and bailiffs being instructed

 

We will apply for a County Court Judgement followed by a Warrant of Execution and a Bailiff order to seize goods from your addresses to be issued simultaneously to the County Court Judgement. This Warrant authorises Certificated Bailiffs to seize goods at the addresses held on file for you (including what may be your family home). These goods will be taken and put up for sale at public auction until the total amount you owe is satisfied.

 

The initial cost of issuing a County Court Judgement is GBP 45, this will be charged to your account on the date of issue.

The further court costs including solicitors time, application for a Warrant of Execution and the appointment of Bailiffs will also be added to what you owe.

 

As you can see this will ultimately cost you a great deal more if you do not deal with this matter now.

 

It will also cause you a great deal of difficulty for many years to come.

 

We strongly recommend that you settle this amount immediately to limit further costs, preserve your credit rating and your ability to gain full time employment.

 

Please immediately pay 187 by either:

 

1) Paying online by visiting and clicking Pay Now;

or

2) Make a bank transfer for GBP 187 to:

Barclays Bank

Account number 93462382

Sort code 20-50-94

Ref: Use your mobile number (*********) as a reference so we can match it correctly

 

ALSO please EMAIL us confirming that this has been done to stop the debt being passed to the Debt Collection Team and further charges being incurred.

 

If you ignore this and our debt recovery agency is instructed it will be a short matter of time before the CCJ is issued and Bailiffs are instructed to seize goods.

 

We look forward to hearing from you confirming a speedy resolution of this matter.

 

If you have already repaid and this is not reflected in the above statement please contact us so we can investigate this further and correct your file.

 

Regards

 

 

 

Speed Credit - LEGAL RECOVERY

t: 084 3381 3381

 

So now I feel rather shaken again, I don't know how to proceed - any advise in wrting an email to them and what to say? I don't have access to a printer to send one by post right now. I'm so tempted to ring them and shout! How dare they say I've made no effort!! Grrr But I won't ring them.

 

Advise desperately needed!!

 

xxxxx

[renegadeimp]

Ignore it. Its just a typical scaremongering letter. Ignore it. As long as you have proof of the emails you sent then you are on solid ground.

 

Regarding the baliffs, theyre talking complete bull. Baliffs can only come to your house, after its been to a DCA, after theyve tried everything to help you pay the debt, after its been to court and theyve won, and even then you have to default on the courts judgement.

R emember too, that you can form a defense and state that they have refused to acknowledge communication despite your best efforts to start a repayment plan and are intent on harassing and bullying you, as well as breaking the law in regards to telephone communication and threatening doorstep collectors.

 

In regards to the doorstep collectors coming to your door, simply send the DCA letter template to them stating that if anyone does come then the police will be called for trespass.

 

I can write up a letter if you like.

 

But please, do NOT worry about it at all. Everything they have said in the letter is complete crap and has no legal standing. The law in this case is 100% on YOUR side.

Edited March 30, 2012 by renegadeimp

[dx100uk]

There is NO legal remit that ALLOWs them to charge ANY PENALTY fees - End Of! the FSA are quite clear on that.

there is NO SUCH THING as NCR!! they are talking bolwards its the CRA file

and many PDL dont use them as their unlawful business methods would get put them under the spotlight.

there are no warrants issued in the civil courts, if they want to go that way then HCEO that costs more.

CCJ AND warrant is wrong too. utter crap!

they just cant take good either & no they cant force entry to a private dwelling.

they are also VERY WRONG to assume a judge WILL automtically issue a CCJ!

you really need to sent that email to the OFT/TS.

[sillygirl1]

The NCR register is actually called the Registry Trust and employers CANNOT access information about you on it without your permission.

 

That message they sent MUST go to the OFT and Trading Standards who are investigating this murky market

 

http://www.consumerdirect.gov.uk

http://www.tradingstandards.gov.uk

 

Your complaint will count against them and hopefully make them loose their licence. It is well out of order and contains a lot of half-truths and misleading information.

[sillygirl1]

This bit

 

b) any current employers being informed so an application against your earnings can be issued

cannot happen unless you default on a CCJ payment AND they have gone back to court, so they are threatening what they cannot do without a lot of hassle on their part.

 

Should they issue court paperwork get straight back here and we can do a defence which will really show them for the clowns they are.

[Sophia1205]

Thankyou guys so much for the advice, I've been so flippin worried. I had 27 missed calls on my mobile today

 

I will sleep better after reading your advise. Should I send my very first email offering repayment again? I can see how they work now - scare you half to death into borrowing money from elsewhere to pay them.. No way will I ever borrow again.

 

I will send the email to the OFT and complain to them.

 

Thanks again xxx

[sillygirl1]

No problem, there are still very few people out there who realise what a menace and destructive element this type of lender is. Glad to have been of some help.

 

Something is up with the forum as lots of posts are being tripled, but only one email being received by a subscriber to a thread.

 

27 missed calls is definately dodgy.

[renegadeimp]

27? Thats bordering on actual criminal charges for harassment, if not stepping over the line. Ive got some legal stuff coming in the post over the next week or two from one of the main debt management companies as well as from an experienced debt solicitor. Ill write you up a letter tomorrow/sunday with the basics and add to it when i get the actual legal quotes. It should be enough for you to turn the tables on them.

[Iloveathens]

get a letter off to them asap . Report them to OFT as well

[Sophia1205]

They have sent a text to my mobile saying that in 3 days they will be contacting solicitors therefore adding £350 to my balance

 

Should I include that in my complaint to the OFT?

[sillygirl1]

YES YES YES, include everything.

 

They are not allowed to charge £350 to transfer to solicitors, you will then get a 2 days til doorstep collector/bailiff and more money, then another, it is psychological harrassment.

[renegadeimp]

Do what sillygirl said. Take EVERYTHING you have related to these ****, and mail it all to the FOS and OFT. Send a covering letter with as much detail as you possibly can. Don't go into what might happen. Only deal with absolute facts.

[Sophia1205]

Yet another text message, 2 says til they will be adding £350 solicitor fees... like a countdown, if this isn't threatening and bullying I don't know what is - sick really.

 

Thanks for all your help in keeping me calm guys, if not for this forum, I think I would be in a very bad place - I can see how some people let debt ruin their mental wellbeing. I myself feel it nagging away, but with the words of advice I have received on here, feel much more positive and ready to take these crooks on

 

Again, thankyou xxx

[Sophia1205]

Also, as a plan of action, should I just email them to say: seeing as they are ignoring all my emails for repayment I will set one up myself (i have there bank account details) and just set up a standing order and start paying a small amount? I thought perhaps that would help me, if these robbers tried taking it further??

 

What do you think - although I'm so flippin cross with them after all this vile harrassment I feel like giving them a poke in the eye rather than money!

[renegadeimp]

Do not email them or send a letter. Youve already tried to make a repayment, they refused to accept it. It's their problem now.

 

As we said above, take EVERYTHING you have related to them, make copies, write a comprehensive covering letter, and mail it to the OFT and FOS.

 

The only letter you should send to the PDL is a letter of Formal Dispute. When they recieve this letter, it means they cannot pass the debt on to a DCA, and must freeze interest and charges.

 

Send that letter, send the letters to the FOS/OFT and let them handle it. Should it go to any DCA, post back here, we'll give you a letter to force them to send the debt back to the PDL, plus with all the information you have now, if they even try to take it to a judge, you can issue a simple defense with all the information you have, plus you can tell the judge that the OFT and FOS are now involved.

[Sophia1205]

Hi Had another email (below) and text message from NDR stating "YOU REFUSE TO SPEAK TO US CONTACT US NOW TO AVOID COURT ACTION"

 

God knows I've tried and now when I've tried emailing NDR it comes back as delivery notice failure

 

Please please help with a reply and if anyone knows a valid NDR email please let me know

 

This is what they sent this morning:

 

Re loan ref: *************

 

 

You have still not contacted us regarding your outstanding debt with our client Speed Credit in respect of your Speed Credit Pay Day Loan*.

 

Please note that:

- all evidence and correspondence will shortly be sent to Solicitors and a case file prepared to be presented to the County Court for Judgement

- expect Recovery Agents to visit all addresses we have on file for you.

- your file is also with Bailiffs who will be pursuing this in conjunction with Solicitors.

 

We recommend you call immediately as we may be able to freeze any imminent activity on your file and come to a suitable arrangement with you.

 

You currently owe:

 

Loan and Interest GBP196

Cash Transmission Fee GBP 5

Missed Payment Fee 1 (day 29) GBP 10

Solicitors - Case Prepar ation GBP 150

Missed Payment Fee 2 (day 43) GBP 10

NDR Accept Case File GBP 200

 

Repayments todate GBP0

Total GBP 571

 

You will be liable for the full amount and further Court fees if you do not contact us immediately on 0843 381 0843.

 

Yours sincerely,

 

 

DEBT MANAGER - Greg Campbell

NORTHERN DEBT RECOVERY

0843 381 0843

 

I can't cope with this worry

[dx100uk]

as in post 18!!

 

dx

[sillygirl1]

Stop worrying, they CANNOT justify the £150 and £200 charges for chasing £196 of original debt.

 

Get complaining pronto... http://www.consumerdirect.gov.uk for the OFT, http://www.tradingstandards.gov.uk for Trading Standards

 

They are using this holiday period to try to scare you - all you really owe is the £196.... nothing more (at least in my opinion). Should this go to court the level and tone of the threat messages can be higlighted and the level of their crazy charges questioned.

 

Sit back and relax, there is nothing they can do until the courts open on Tuesday, and even then if you get paperwork we can do a short defence which will upset them greatly and cause them a lot of work.

[Sophia1205]

Thankyou sillygirl - I can't believe the orginal amount of £100 has escalated to over £500!! Is it worth emailing Speedcredit again (even though they just ignore me anyway)

 

Thanks again xxxx

[sillygirl1]

I would cheerfully play them at their own game - and I would get one of thos emails set up where you can email hourly without you doing anything... can't remember which program does it offhand but there are plenty of free apps which do that.

 

They wouldn't send anyone round, if they do you just have a letter handy which shows you have paid off the original debt in full and give it to them and tell them to vanish or you will call the police and tell the police somebody is demanding money with menaces on your doorstep.

[renegadeimp]

Hahah i remember NDR. Complete bunch of monkeys with ZERO legal powers. I ran into them 2 or 3 times when i was in debt. Suffice to say, with a few little things done, there was absoutely nothing that they were able to do to me, and it REALLY annoyed them to realise that

[renegadeimp]

I would cheerfully play them at their own game - and I would get one of thos emails set up where you can email hourly without you doing anything... can't remember which program does it offhand but there are plenty of free apps which do that.

 

They wouldn't send anyone round, if they do you just have a letter handy which shows you have paid off the original debt in full and give it to them and tell them to vanish or you will call the police and tell the police somebody is demanding money with menaces on your doorstep.

 

Actually sillygirl, if you set up a program delibrately to send spam mails or unsolicited mail, then, IF caught, you can be liable for prosecution. The PDL's, DCA's and other companies get around this by saying you owe them money so they are simply notifying or reminding you of your obligation.

 

The ONLY way that a regular person can get around it is if they set their email program to send a reply to a specific address if an email is recieved from a specific one. That way, you can simply say you were replying.