Payday loans help needed to get the ball rolling

[BRIGADIER2JCS]

They are posturing and prattling, they are entitled

to nothing, their rules are meaningless.

I would reply saying.

 

''Please inform me as to which court ordered me to

provide my personal and confidential finance and health

details, until you provide this information no further

correspondence can be entered into.''

I'm thinking this will wind them up and more mistakes

will be made.

[willnotdoitagain]

This is the email i sent

 

Client Reference xxxxxxxx Name

 

I wish to make a complaint as I have been trying to set a repayment plan up with you for the last few weeks as I am in severe financial difficulty. I was told I didnt meet the criteria to set a repayment plan up with you but have been advised that I am as set up by OFT.

 

I have recieved loads of texts and calls from you but this has not sorted a repayment plan.

 

I can only afford to repay £xx per month as I have high priority debts mortgage, council tax etc as well as other low priority debts like payday loans, catalogues etc.

 

I would be grateful if you would accept the £xx per month until my financial situation will allow me to repay more.

 

I am in the process of setting other repayments up for other debts (as I have explained in my previous emails to you).

 

As I said in my previous emails I want to repay what I owe but it will take me a while to get my finances all sorted as I have high priority debts and this debt is classed as a low priority debt.

 

I wish only to be contacted by email or letter as I need this in writing for my records.

 

I would appreciate it if we can come to some arrangement as soon as possible to pay the outstanding balance of £xxx.

[jacktheladuk]

Thanks brigadier, it's going off now as we speak!

[jacktheladuk]

That's a fab letter, willnotdoitagain. Thanks I shall use yours and hopefully it'll work for me too!

[willnotdoitagain]

I hope it does keep us informed.

Its only the people on here giving the advice that have helped me, was losing my mind with worry, sleepless nights etc but out of the 9 pdls i had there is only QQ, Mini credit, Poundstilpayday that i am having problems with, CFO am making payments to but they still keep phoning me, i have recieved an email saying they cant accept my offer they will only accept £50 per month, i have emailed them everyday for a week now and no reply but they are still phoning despite sending the harrassment letter.

[renegadeimp]

I hope it does keep us informed.

Its only the people on here giving the advice that have helped me, was losing my mind with worry, sleepless nights etc but out of the 9 pdls i had there is only QQ, Mini credit, Poundstilpayday that i am having problems with, CFO am making payments to but they still keep phoning me, i have recieved an email saying they cant accept my offer they will only accept £50 per month, i have emailed them everyday for a week now and no reply but they are still phoning despite sending the harrassment letter.

 

If they are phoning despite your instructions, you NEED to complain to the OFT and OFCOM. If OFCOM finds them in breach of your instruction, they can get up to a £50,000 fine. Possibly per breach.

[jacktheladuk]

Yeah same here, it's the peeps here are ab fab with their advice etc. Like you I have 9 PDL's and in complete mess with my finances but decided to get out of this mess and address these issues, started on 4 and got 5 more which become due at the end of the month so I think a bit of thick skin has been build up in anticipation!

 

As for CFO keep going and stay strong. btw how are you paying these PDL's? standing order? pre paid card?

[jacktheladuk]

Hey brigadier, just sent off this to the PDL as you suggested:

 

''Please inform me as to which court ordered me to

provide my personal and confidential finance and health

details, until you provide this information no further

correspondence can be entered into.''

 

 

And almost straight away, here's their reply,

 

We are simply requesting proof of unemployment, not an unreasonable request considering you have an outstanding balance with ourselves and are advising us you are unable to re-pay this balance in full due to unemployment. If you are not willing to co-operate and provide this information then we will not be willing to arrange a re-payment plan for you and you account will be processed. This means we will try contacting you with regards to the balance owed and will try to recover the outstanding balance using account and card details you have provided us with.

The card has been reported stolen and new one issued, the account is no longer used anyway, I have withdrawn my authority to them and cancelled CPA with the bank too yet they still want to take payments from the account!

What shall I do, just ignore them?

[renegadeimp]

Send the same info. Make sure to state that the info they request as they are a short term, low risk, unsecured and unregulated lender, is covered under the data protection act. Only a judge can order you to reveal that info, and even then you only have to give it to a judge, hence your original question about which court gave permission for the info to be released, and why did that court break the law, as you only have to reveal it to a judge not the pdl, and only to a creditor if it is a secured loan.

 

They are also breaking O FT rules with the comments: "We are simply requesting proof of unemployment, not an unreasonable request considering you have an outstanding balance with ourselves and are advising us you are unable to re-pay this balance in full due to unemployment. If you are not willing to co-operate and provide this information then we will not be willing to arrange a re-payment plan for you and you account will be processed"

 

Just because you have an outstanding balance, does not give them the right to demand proof. You simply saying you are experiencing financial hardship is enough for them to change a repayment plan.

 

Have a read of http://www.consumeractiongroup.co.uk/forum/showthread.php?349703-Payday-Loan-Companies-and-OFT-Guidance-on-Debt-Collection(6-Viewing)-nbsp

[BRIGADIER2JCS]

YES send the very basic data, then ignore all else.

Get the card and account stopped on Monday

and get a ''parachute'' account in place.

Your bank MUST not allow further payments

to be taken.

[jacktheladuk]

Thanks rene, will do. For a moment, I though you'd done a disappearing act from this thread!

[renegadeimp]

Nah. Busy doing things in the house atm, so have to pop back and forward whenever my mobile phone beeps

[jacktheladuk]

:razz:Fantastic fantastic keep up the good work

[willnotdoitagain]

I pay by them by standing order

[jacktheladuk]

Is that from your old account or your new "safe" account?

[willnotdoitagain]

The old bank account is closed its a new safe one

[jacktheladuk]

oh right, I was worried in case they trace the standing order to your new account and start raiding that account too, surely that's not possible, is it?

[willnotdoitagain]

No they cant do that as they dont have my bank account details and it keeps you in control,read some of the advice on here

[jacktheladuk]

Well well the saga continues with WDA. I sent them the 2 letters drafted up by brigadier and also included rene's comments about about them asking me to provide the information about proof of losing job and as them being being an unsecured, unregulated etc lender is covered under the data protection act. This was their reply a short while ago:

 

Thank you for your e-mail.

 

Please be advised we are not demanding you send any information, simply advising you that if you do not send the information requested we will not be willing to arrange a re-payment plan of £5 per month for you without confirmation that this is all you can currently afford to re-pay. You were happy enough to send us confirmation that you are in the middle of an application to become a self employed taxi driver, but unfortunately as this does not confirm you are currently unemployed we cannot accept it as such. As a creditor you have already supplied us with information and personal details, but now are refusing to supply basic information regarding your current employment status, this gives us cause to believe you may still be in employment and can therefore afford to re-pay more than what you are currently offering. Upon receipt of confirmation showing you currently are not working we would be willing to help you in your current financial situation and come to a re-payment arrangement to clear your outstanding balance with us.

 

With reference to your last e-mail, please be advised we are regulated by the “British Credit and Cheque Association”, “Consumer Credit Association”, “Trading Standards” and the “Office of Fair Trading”, and all information provided to us is protected under the Data Protection Act 1998.

What next? Just ignore them and wait till I start earning when I get my taxi drivers badge in the next few weeks?

[sillygirl1]

Tell the OFT, simple, they are trying to confuse the issue here, that you do not need to supply the informtion for them to come to an arrangement, they have sufficient information already about you and do not need any more.

 

They are going against the OFT Guidelines in Debt Collecting.

 

I would write back

 

"Sorry but I am unable to provide proof as you ask, and as my financial situation is increasing in severity I am now offering a token £5 per month until an arrangemet as previously stated is in place."

 

Keep it short and sweet and do not fall into their trap of misquoting legislation.

[jacktheladuk]

Thank you sillygirl1, I shall get that short and sweet letter fired off to them now!

 

PS What if they still despite the above letter keep insisting?

[sillygirl1]

Report them to the OFT as previously advised. You are now in control, not them.

[jacktheladuk]

Thanks. You couldn't help draft a quick letter to send to OFT please?

[sillygirl1]

You don't need a letter, you phone them up and talk to them, and then they may send you some forms to fill in. Do the same for Trading Standards, I don't know if both lots are open on Saturdays but check on the websites below.

 

http://www.oft.gov.uk for the OFT

http://www.tradingstandards.gov.uk

[renegadeimp]

Or use http://www.oft.gov.uk/shared_oft/Credit/complaint-form.pdf if you are very lazy like me