Payday loans help needed to get the ball rolling

[sillygirl1]

Yes, because they have your bank details... that is how they can 'force' a payment through without a debit card.

[jacktheladuk]

So what methods do I pay these PDL's when I've managed to get the repayments set up? The general advice here seems to be,

 

1. Open a new account, which I've done

2. Do not make any payments to these PDL's by your new debit card, which I have no intention of doing anyway

[sillygirl1]

Pay them from the old account with a debit card or standing order.

[Space2001]

Get all of your income paid into the new account. Once a month transfer the total amount you are paying over to your old account and instantly pay all of your creditors from your old account. Do not maintain any balance in your old account or one of your creditors may take it.

[renegadeimp]

.You can even use a prepaid credit card so they definitley cant get any details

[jacktheladuk]

Thanks for your feedback peeps! To be honest I'm beginning to dread the responses I'm gonna be getting from the PDL's and I know I shouldn't but am getting quite stressed out and I've only sent 3 letters out so far!

[renegadeimp]

I wouldnt even worry at all about them. Simply tell them how much you can repay and by what method. If they refuse, then its tough luck to them. Should they take you to court, the judge will force them to accept and usually for a MUCH lower amount, and usually by way of payment through the courts.

[jacktheladuk]

Thanks renegadeimp for your reassuring words. I am hopeing that they would simple just accept my offers of payment as quickly as possible without much hassle and you know later on down the line, when my financial positions improves then I can get them all paid off eventually. Arrrrhhhh wished I never got involved with these vultures in the first place!!

[renegadeimp]

It's never straight forward with most PDL's. All they are after is access to your bank account. When they have this, they simply throw on random charges, then debit your account for as much as they can whenever they want.

 

It's the main reason we tell people to use multiple bank accounts, and keep their money completely separate from the bill paying account. It's your money, so why take the risk of having someone who is effectively a thief having access to it?

[jacktheladuk]

yep totally agree with you and thank you very much for your (and others) valuable advice, much much appreciated!

[jacktheladuk]

I've had a couple of responses to my emails from the lenders but do not wish to post the replies here in case they get traced back to me. Is there any way I can post somewhere in "private" so I can get the advice from the forum experts here?

 

Thanks in advance

[renegadeimp]

You csn post the replies as normal. Just remove all personal info.

[jacktheladuk]

This was the reply from one of the lenders,

 

Thank you for your email.

 

 

 

Sorry to hear of your present financial circumstances.

 

 

 

Unfortunately we cannot offer you a repayment plan until your loan has been 33 days in default. Therefore we cannot accept your present offer.

 

 

 

Regarding you withdrawing your permission for us to debit your account, I kindly refer you back to the contract in which you signed with us initially. It clearly states under clause 1.3:

 

 

 

* You authorise us to collect any monies owed under the Agreement from any debit card account of which you have supplied details to us. We may make these

 

attempts as frequently and at any time we choose while there is an overdue balance on your loan account, up until the time where the total amount collected equals the

 

total amount owed. At this stage it will be deemed that your loan has been fully repaid. We do not have to give notice of these intended collection attempts.

 

 

 

Therefore we can and will still attempt for payment on your loan.

 

 

 

The contract with us also states the means of communication that we would use if your account fell into arrears and therefore we can contact you by txt,letter, calls and emails.

 

 

 

I will note your account however with your present circumstance.

 

 

 

Kind Regards,

 

 

 

 

 

Collections Admin Team

 

 

 

Please advice how I should respond. Thanks

[jacktheladuk]

Here's a reply from another second lender,

 

Thank you for your email.

 

 

 

In order for a repayment plan to be set up, please can you provide proof that you have lost your job? Once we have this, the payment plan can be put in place.

 

 

 

Regards

[renegadeimp]

They dont need any proof. They have no legal right to any information pertaining to it.

[renegadeimp]

This was the reply from one of the lenders,

 

Thank you for your email.

 

 

 

Sorry to hear of your present financial circumstances.

 

 

 

Unfortunately we cannot offer you a repayment plan until your loan has been 33 days in default. Therefore we cannot accept your present offer.

 

 

 

Regarding you withdrawing your permission for us to debit your account, I kindly refer you back to the contract in which you signed with us initially. It clearly states under clause 1.3:

 

 

 

* You authorise us to collect any monies owed under the Agreement from any debit card account of which you have supplied details to us. We may make these

 

attempts as frequently and at any time we choose while there is an overdue balance on your loan account, up until the time where the total amount collected equals the

 

total amount owed. At this stage it will be deemed that your loan has been fully repaid. We do not have to give notice of these intended collection attempts.

 

 

 

Therefore we can and will still attempt for payment on your loan.

 

 

 

The contract with us also states the means of communication that we would use if your account fell into arrears and therefore we can contact you by txt,letter, calls and emails.

 

 

 

I will note your account however with your present circumstance.

 

 

 

Kind Regards,

 

 

 

 

 

Collections Admin Team

 

 

 

Please advice how I should respond. Thanks

 

Yet again they think their toc's can override law simply because you signed it. If they insist that you wait 33 days for it to default, then that is their problem so they shouldnt be charging you any default fees. You can withdraw permission at any time for them to debit your account. They have no right to tell you that they will debit it regardless. If they insist on doing it, get the debit card reported as lost/stolen and the CPA cancelled on the account. You could also get a new bank account so there is no way they can take money unless you specifically put it in that account.

 

They cannot debit the account for what they want and when they want either. Under law they can only debit your account on a date you have agreed in writing, and for the amount you agreed in writing. They are NOT allowed to change either of these as and when they like. If they do so it is classed as fraud/theft.

 

The last part, they are partly right. They can indeed contact you by letter or email, however, text and phonecalls are not allowed and you should send a notice of complaint about telephone harassment.

Edited April 30, 2012 by renegadeimp

[jacktheladuk]

Yeah the debit card has been reported lost/stolen and new card issued and also sent written notification to bank cancelling the CPA's. New basic account set up for my day to day banking.

 

What shall I do with this 33 default email, ignore them as I have already notified them of my financial difficulties and offer of a repayment plan.

 

Also, the second one asking proof of losing my job, again should i just ignore them?

[renegadeimp]

File it for now. If they try to charge you, you can contest it, as you have advised them well in advance but they are forcing you to wait in order to get more charges.

 

As for the proof of job thing, just resend the same email. They have no right to any proof. Simply asking for it is a breach of the Data Protection Act.

[jacktheladuk]

Thank you renegadeimp. Will do exactly as you have suggested and wait for their next move. Much appreciated for your help once again:-)

[sillygirl1]

I think if you do have proof you have lost your job it is okay to send it, The letter won't have any bank information on or other information, and they are NOT allowed to phone employers anyway. No harm in providing this proof (it could even be the letter from the JSA saying you are signing on... they cannot contact the JSA either...)

[renegadeimp]

The only proof would be a P45 or a letter from an employer sillygirl. Both are covered by the DPA as restricted personal info .

[jacktheladuk]

That's my problem you see, I have no proof from previous employers that I've lost my job as they were just a micky mouse outfit!

 

Rene. I done what you advised and just resent the same letter to the PDL in response to them asking about proof of losing job so hopefully that'll keep them of my back for a while

[renegadeimp]

Just remember, you simply telling them that you cant meet the previous repayment plan is enough in the eyes of the law. Since the loan is unregulated and unsecured they have no legal right at all to demand proof that you cant meet the payments. If they want that info, then they would have to gain a court order telling you to give a judge the details, and then only a judge would see the information when he decides on a repayment plan. The PDL would NEVER get to see it.

 

AS sillygirl1 rightly said, if you are on JSA, then you are classed as low - no income and even a judge would most likely order you to pay 50p/£1 a month, and we have plenty of people who can back that up.

[jacktheladuk]

The other lender is still emailing me demanding proof of my loss of job, as I cannot provide this to them, I have emailed them back saying that they cannot ask for this as they are in breach of the data protection act. Also I have made them aware that I am seeking independent financial advice, I cannot meet their original repayments and that my other creditors are accepting my offers of repayment plan. Hope this is enough for them!

[jacktheladuk]

Hi all

 

A quick update on the 4 PDL's I've contacted so far requesting a repayment plan with them.

 

1. They've accepted my offer, given me their bank details to pay into but have mentioned nothing about freezing interest/charges

 

2. This one said cannot accept or enter into any repayment plan until 33 days after default, I've sent emails saying that's all I can afford to pay them and that's the same offer I've made to my other creditors too, here's their latest reply:

 

Your payment was due to be made on the 24th April 2012 and we require the minimum of your interest payment to take your account out of default and to prevent further interest from being added. Please contact a member of collections on 0208 166 1472 to discuss your account.

 

 

 

We are unable to accept a payment plan of £5 per month however any payments made will come off your outstanding balance.

 

The original £300 loan plus one month interest of £117 has now rocketed up to £609!!, got letter in post advising of this. That's a massive rip off extra £192 added to the account for being just 2 weeks late!

 

3. Now this one is beginning to get on my nerves. I've emailed them several times offering them what I can afford but are STILL insisting proof of losing my job, which I cannot provide. I've provided them proof by way of letter from my local council confirming my application for becoming a full time self employed taxi driver but they are not accepting this at all. I am not entitled to any JSA as my wife works.

 

4. I've contacted this lender which will default tomorrow as there will be no money in account to pay. I've heard nothing of them as yet.

 

Any advice as to what my next move is regarding tackling the above would be most appreciated.