PayDay Loan HELL featuring WONGA, Quick Quid,Tooth Fairy & PayDay UK

[renegadeimp]

Please dont tell me you gave them any specific information in the I&E sheets. They are NOT entitled to that info at all. It is covered under the Data Protection Act. The ONLY info they are allowed to know is the total income per month, total outgoings for high priority stuff, such as rent, electric, food, council tax etc, and then their share of what is left. Thats it.

 

By sending them a ton of specific info, they will try and dictate what you can and cant afford as well as pass your info around to other PDL's ( blatant breach of OFT rules and the DPA) incase they want to contact you. This can be seen in their comment:

"When we have assessed your income and expenditure form we will reply to you, via email, with our decision."

 

In regards to them saying they will still take funds, report your debit card as lost or stolen, and tell your bank to cancel the Continuous Payment Authority for that Payday lender. Then write to the PDL and tell them that if they take ANY money from your account, the police will be involved for theft.

 

 

Are you employed or unemployed? If the latter, then only offer them £1 a month. No negotiations.

[renegadeimp]

Send them the telephone harassment letter and add the clause that if they attempt to contact your employer, then you will reporting them to OFCOM and also will be considering court action for harassment, stress, embarassment and intimidation.

[renegadeimp]

Wait... Per uk law? What? under the data protection act and european privacy laws they must remove your specific details upon written consent

[renegadeimp]

That livechat is worthless. Before you pay ANYTHING, you need to get the agreement in writing. Either by letter or email. Again, do not pay a single penny until you have that agreement in writing.

 

Never use the livechat. Either mail them using recorded delivery or by email and CC it to yourself.

 

Also, have a read of my thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?349703-Payday-Loan-Companies-and-OFT-Guidance-on-Debt-Collection If they break those guidance regulations, just once, then get complaining as much and as loud as you can.

 

 

If you are scared about recieving letters, when you write to the PDL, include the letter found at : http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

 

If they break your instructions in that letter, then complain immediately to the OFT and OFCOM. Please note, you NEED to complain otherwise the PDL will just laugh and keep contacting you.

[renegadeimp]

Send them through your own email address. NEVER through their site. This is so you have a complete information trail. As sillygirl has been saying over and over in multiple threads, you NEED to get these letters to the OFT.

 

Btw:

 

£350 recovery fee

 

100% illegal and can never be claimed. No court would allow it.

 

 

Again, and i cant stress this enough, you MUST get this to the OFT as they are breaking ombudsman regulations left, right and centre. If you dont complain, then you are letting them do this and pretty much telling the PDL that they are fine doing it.

[renegadeimp]

Dont make any payment yet. Keep up with your repayment plan options.

 

http://www.oft.gov.uk/shared_oft/Credit/complaint-form.pdf manual complaint form.

 

One question, and please dont take this the wrong way.. Why are you getting so worked up over them? Everything theyre doing to you is illegal. We have told you that multiple times, but you still try to follow their advice. You even phoned them, which is a HUGE no-no.

[renegadeimp]

I understand loveliness. However, if they bounce back, then thats not your problem. Contact the OFT and advise them that the PDL is giving misleading information and incorrect contact details, so any attempts to communicate with them go ignored on their part and the debt just keeps rising.

[renegadeimp]

To be honest, i would ignore the DCA and go through the Original Creditor UNLESS the DCA is able to give you an easy repayment plan and it pays off the debt directly. A lot of DCA's agree to a plan, but most of the payments go towards their "fee's and charges" not the actual debt.

[renegadeimp]

. QQ are been a real pain one more email and they getting reported to OFT.

 

Why are you waiting? You should have reported them a long time ago and included every letter/email in your complaint.

[renegadeimp]

I thought you had to wait so long before doing this

 

Thats only for the FOS and is 8 weeks from the time you send a formal complaint to the PDL. The OFT which is the regulatory body can be contacted at any time, and they keep a record of all complaints against a PDL. Thats why it is so important that anyone with problems needs to get their complaints in so the OFT can actually crack down on them.

 

If peopel dont complain, then the OFT just thinks that the PDL's and DCA's are working within the law and people are just not paying their debts. They're not psychic. They need to be told.

[renegadeimp]

My original loan of 300 plus 117 interest was due on 30/4/12, as of last week that figure had shot up to 609!! And they saying they cant accept/consider repayment plan until 33 days after default. I hate to think what that figure is going to end up looking like then!

 

Completely against OFt regulation. You need to get that letter/email to the OFT so they can do something.

[renegadeimp]

Make sure to get everyone of those texts etc in your complaint as its classed as harassment.

 

Also that letter is classed as threatening and needs to be reported as such.

[renegadeimp]

See what we've been talking about? They know the charges/interest is not enforceable, and youve actually got them on unsteady feet now

 

You MUST update your complaint with the FOS with details of Appleton Massey. Especially if the PDL, NDR, MH and AM are after the same debt.

 

Also:

Appleton Massey Solicitors saying that they will be applying for a court judgement if I don't pay within 7 days. Today I received a email from Marshall Hoares bailiffs saying they will be applying to the court for a judgement/ warrant of execution against me if I don't pay in 7 days!!!

 

You must report that to the FOS and OFT as it is a blatant breach of the OFT guidance on debt collecting. I'm not sure, but i dont think they are able to take you to court while the FOS have an investigation going on, plus if what i have said is correct in this post, and you can confirm it, they will pretty much lose the case before it even starts.

 

If they do try and take it to court, you can submit a full defence stating what you have said here, or even force it to mediation. Although i would ignore the DCA and force it in front of a judge so a rep for each company has to explain themselves, and thats even if they show up.

 

 

OFT guidance on debt collection:

 

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals

b. pressurising debtors to sell property, to raise funds by further

borrowing or to extend their borrowing

c. using more than one debt collection business at the same time

resulting in repetitive and/or frequent contact by different parties

 

Also, if the original debt is in dispute (edit the following to suit):

 

Dear Sir or Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

ACCOUNT IN DISPUTE

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original/DCA** and has been since DATE 2008. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

As **original/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, Subject Access request and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

Also be advised that I will only communicate with you in writing.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

xxxxx

 

Of course, if you have multiple debts and the DCA's are going for each separately, then ignore the above

Edited June 11, 2012 by renegadeimp

[renegadeimp]

If your situation changes, then you MUST advise them as you did before. This covers your back as they cant say you never tried to inform them so alternative arrangements can be made.

 

Quick Quid have a nasty habit of lying to authorities. They will harass, bully and intimidate you every second of every day, but if you dont inform them of your situation and a regulatory investigation happens, they will simply say " Well, if Mr/Mrs X had advised us of their new circumstances, we would have been able to update their plan".

 

 

Thats why, regardless of what the PDL's choose to do, it is vitally important you keep a creditor advised of your financial situation and keep a copy of the communication and record of delivery. As i mentioned, it covers your back, and stops situations like the above from happening.