Toothfairy response to CCA request valid?

[devonlad]

Hi all

 

This is my first post in this forum even though I have spent many hours browsing through the very informative posts since getting into this PDL mess! A lot of the info has definitely been very calming and reassuring after receiving a lot of the standard bullying tactics that some of these companies employ!!

 

Anyway.......to cut a ridiculously long story short, I have a few questions regarding a CCA request I made to Next Credit last week.

 

Basically I have had 3 previous loans with this PDL (all paid off). After the initial loan it is possible to apply for the next loan by SMS. First you send a text containing the word LOAN followed by your surname. The next text you send is for the loan amount.....and that's it. From sending the first text to the money being in your account takes less than 5 minutes (that seems like a very short time to do all the neccesary credit and affordability checks to me).

 

So since then I have missed the payment deadlines, had all the warning texts and emails from NC, been passed onto Northern Debt Recovery and now Marshall Hoares. I understand that all these companies are connected and their ridiculous charges are completely unjustifiable (Inital loan £400, now balance is at £1255).

 

Back to the CCA request. I had a response from someone at NC in the form of an email containing a copy of the terms and conditions of the original agreement and a screenshot of the breakdown of charges on the account.

The T&C's state a loan amount of £300 even though the loan was for £400. I also can't find any date on there except at the bottom which says 20/1/11 which is well over 12 months before I took this loan out! The bottom of the agreement also reads:

 

"Having entered your email address twice during the application process and submitted your application, you confirmed that you have read and agree to the terms of this Agreement."

 

(Oops, looks this this short story turned into a long one!)

So here are my questions:

1. Having only sent 2 text messages, one containing my surname during the application process, does that count as a signature? I never "double signed" anything regarding to this agreement.

 

2. What do you make of the mistakes in the agreement (the loan amount being wrong and the date being from over 12 months in the past)? It seems silly to me to send a legally binding document peppered with mistakes

 

3. Does this satisfy a CCA request? I'm pretty sure it doesn't but I wanted to be sure before I ask for it again.

 

4. Apart from complaining to the relevant authorities what should my next move be? Ignore it? Make token payments?

 

Any and all advice is greatly appreciated

 

Cheers, Matt

 

2.

[renegadeimp]

They seem to be breaking OFT regulations in quite a few places. How did you enter your info twice, when you simply sent 2 text messages?

[devonlad]

Wow, thanks for the mega quick reply renegadeimp! Tell me about it. They have been contradicting themselves in most of the stuff they send me. Varying payment amounts, dates, referring to things that "you agreed to" when, in reality, I didn't.

Should I just thank them for the reply, point out the obvious errors and say that what they have sent me does not satisfy my request?

[renegadeimp]

Well, you NEED to get an official complaint in about them as soon as you can. They have already been actioned by the OFT and had restrictions placed on them for exactly this type of thing.

 

Ask them for a copy of the full agreement that was supposedly signed.

 

As for the dates and amounts, personally i wouldnt mention anything until they try to take you to court. I can guarantee that they will send out more letters and pass it through their inhouse DCA's and you will get multiple different amounts. If you get any letter offering a reduction in a settlement, then you know for sure that their is definitely something wrong.

[sillygirl1]

Was anything paid into your bank account for the second loan?

[devonlad]

OK that will be top priority for now then. I've had all the threatening letters and emails from all their inhouse DCA's. Apart from visiting my house theyve done pretty much all they can to bully me into paying. I'm not trying to avoid this debt but if it has to go to court to come to a workable repayment plan then so be it! I wonder if they've actually ever taken anyone to court themselves! So, until they get a real credit agreement to me with proof of how it was digitally signed I won't carry on trying to get a payment plan sorted. Thanks for the advice! I really needed a 2nd opinion on this bogus agreement they sent me

[renegadeimp]

You NEED to send them the doorstep letter from the library on this site. They have no right at all to come to your house, and if they do, you can tell them in whatever way you like where to go. Remember, they have no legal rights at all. The collectors are on high commission, so they will say and do whatever they like to get that money.

 

Also as Sillygirl said, were you actually paid the second loan?

Edited May 28, 2012 by renegadeimp

[devonlad]

Hi sillygirl, thanks for your response. Tell a lie this is actually the 5th loan I have taken out. All previous loans, including this one, have been paid into my bank account (if that's what you mean?) and all but this last one have been paid off. As a matter of fact, I paid a lot of charges when I cleared my previous loan with them. I wasn't aware at the time that they can't do that so I just paid it. I guess I could claim back those charges? Maybe that's for another thread

[devonlad]

Also as Sillygirl said, were you actually paid the second loan?

 

Yes, all loans I've had with these jokers have been paid into my account. But until they show me a proper credit agreement they can't enforce this debt....correct? It would be nice to get off the hook without paying them back a thing but I think that won't be happening. I just want a strong defence should they take me to court.

 

As for the doorstep visits. I will send that letter out tomorrow but should they turn up I'll get my camera phone out and start recording the whole thing. I don't think they'll like that! I've also been thinking about phoning them and recording the conversation. That way they can't just say whatever they want if they know I can use it as evidence in court. Would I have to tell them I'm recording the call?

[renegadeimp]

It wont happen. If you received the money then you should pay it back. As long as you are in constant written communication with these morons and keep stating a repayment plan that you can afford every time you write, then they're out of luck.

 

If you go to court, you can easily submit a defence saying what has happened and they are breaking the regulations, and also show the judge that you are still trying to get a repayment plan accepted, and you can ask him to force the PDL to accept. However, 99% of the time it either doesnt go to court, or they try their hardest to settle out of it, if they see a defence is filed.

[devonlad]

Hi all.

 

I did a CCA request to TFF a while ago. First they emailed me the terms and conditions relating to someone elses loan agreement (wrong dates, wrong loan amount, wrong reference). I emailed them stating that this did not satisfy my request and that I still require the actual agreement.

 

They have now sent me (by post) a similar agreement. This time the details are correct but the document is headed 'pre-contract credit information'. Does this count as a credit agreement? I'm pretty sure it doesn't but wanted to double check before I email them asking for the actual agreement again.

 

I have another question regarding the same account but will start another thread to avoid confusion.

 

A big thank you in advance to anyone who can shed light on this

 

Matt

[rebel11]

Hi devon

 

Please stick to this thread.

[devonlad]

Sorry rebel11, I have already started another thread i'm afraid. Shall I move the original post to this thread and delete the other one?

 

Thanks

[fkofilee]

Wow, thanks for the mega quick reply renegadeimp! Tell me about it. They have been contradicting themselves in most of the stuff they send me. Varying payment amounts, dates, referring to things that "you agreed to" when, in reality, I didn't.

Should I just thank them for the reply, point out the obvious errors and say that what they have sent me does not satisfy my request?

 

In turn, when you text you automatically agree to their T& Cs... Sorry but it's how the system works...

 

No worries though I've had problems with these chimps.

 

These monkeys won't take you to court. If they phone you just refuse Dpa or tell them your stance hasn't changed.