Please help I'm in serious trouble

[renegadeimp]

If they ignore it, its more ammo for you to use in any court action. Just make sure you send a letter or email once a week with repayment offers. If you have their bank details, set up a standing order for £1 a week/month to show willingness to pay.

[Jamie Kingston]

£1 per month doesnt show willingness to pay.

[renegadeimp]

Actually it does. It is the legal minimum required. Thats why a judge in a court will set a payment of £1 a month or sometimes even less if the debtor cannot afford repayments. It's considered to be a token continuous payment. It cant be seen as you trying to escape responsibility as you are paying it, and therefore have acknowledged it.

[floricita]

Well I got a response today and I need some help as to how to reply.I have already had my final salary and stuff.Thank you for your email. Please provide a letter in regard to the termination of your employment and when you will receive your final salary.Also when you will start to receive your benefits. The account is not on hold and further action may apply until a payment has been made and aa suitable payment plan agreed

[renegadeimp]

They dont need any of that. The only reason for it is so they know when to debit your bank account with or without your permission.

[floricita]

Ok thanks.How should I reply to them?

[renegadeimp]

Personally i would tell them to take a running jump. But you could simply tell them that they have no right to ask for that information. All they need is your repayment plan offer and a current budget summary to back up what you are saying. They might think they are entitled to more info, but theyre really not. Theyll probably come back with some dumb response such as " we need that info to prove you are not employed. Until then, collection attempts will continue. "

 

If they do reply with words like that, then they are breaking OFT guidance.

[floricita]

Thanks mate.Do you have a link or something for the OFT guidance regarding this? Be good to get some quotes prepared.

[renegadeimp]

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT664Rev.pdf

[floricita]

Thanks mate. I will try and work out what to write and email it today.Being bombarded with calls at the minute and leaving messages on answer phone in the house with personal details on it, such as the loan amount and my name. I'm not only one using that phone so not good.

[renegadeimp]

Thats all covered in that link i posted.

[floricita]

Thanks.

 

 

Interesting stuff especially about pressurising g the debtor.

 

I could,nt find the part about not having to disclose financial I fo when repayment plan

[renegadeimp]

Theres no regulation bout that but if they ask for personal info like bank statements or wage slips, thats c[sVIEW][/sVIEW]overed under the data protection act. its why we say give them a budget summary and not a full I&e.

[floricita]

Theres no regulation bout that but if they ask for personal info like bank statements or wage slips, thats c[sVIEW][/sVIEW]overed under the data protection act. its why we say give them a budget summary and not a full I&e.

 

Thanks. Does it cover giving them details of leaving date of employment I.e p45? That's what they were asking for

[renegadeimp]

A P45 is classed as personal info and is a legal document. If you choose to send it, then thats up to you. However, they would need a court order, or your express written permission to get it otherwise. In reference to a court order, only a judge would see it in order to make a judgement. The PDL would NEVER get to see it. The same goes with a bank statement. Even the police cannot see or check your account without your signed written permission or a court order allowing them access.

[floricita]

A P45 is classed as personal info and is a legal document. If you choose to send it, then thats up to you. However, they would need a court order, or your express written permission to get it otherwise. In reference to a court order, only a judge would see it in order to make a judgement. The PDL would NEVER get to see it. The same goes with a bank statement. Even the police cannot see or check your account without your signed written permission or a court order allowing them access.

 

So pdl companies can just take your word that you have been unemployed? Are they likely to do this?

[renegadeimp]

They cant take your word no. But thats what an I&E summary is for. Same with any other creditor. They look at your I&E to see if it backs up your repayment plan. No PDL has a right to a P45 or bank statement. Especially for a debt of £100-£400.

 

If someone is on benefits, then they can arrange for their Job centre to write a simple letter confirming receipt of benefits. Thats all that really needs to be done. Unfortunately PDL's think they are entitled to much more info than they are legally allowed.

[floricita]

They cant take your word no. But thats what an I&E summary is for. Same with any other creditor. They look at your I&E to see if it backs up your repayment plan. No PDL has a right to a P45 or bank statement. Especially for a debt of £100-£400.

 

If someone is on benefits, then they can arrange for their Job centre to write a simple letter confirming receipt of benefits. Thats all that really needs to be done. Unfortunately PDL's think they are entitled to much more info than they are legally allowed.

 

Thanks. The debt is over £400 . I,m still waiting for confirmation of benefits.

 

I also have second Interview next week with a company and three first interviews so I,m hoping to be back in employment by next month where I could then make substantial payments to pay back these debts.

 

In an ideal world what I,m looking for is a period of grace until I,m employed and receive first pay check and then to pay back the debt within 6 months thereafter.

 

I,m not sure how to achieve this in a letter though and I cannot see them just accepting this without evidence.

 

Can anyone help with a letter for this please?

[renegadeimp]

Just ask your creditors if you can pay a token payment of £1-£5 a week/month to be reviewed in 1-2 months. Advise then that you currently have a few interviews lined up and you hope to make more payments sooner.

[floricita]

Ok, and what should I say in response to p45 request?

[renegadeimp]

Tell them that they arent getting it as they have no need or legal right to see it. If comapnies that offer much higher unsecured loans dont require it, then the PDL's definitley dont. Especially the muppets you are currently dealing with.

[floricita]

Thanks. I,ll write a draft and post it here before sending.

 

Really appreciate the help

[floricita]

Hi,Just to confirm, that the full payment cannot be made at this time due to a change in financial circumstances. I would like to make a token payment of £5/month to be reviewed in 2 months. If you could send the account details so I can make these payments please.I also advise that I have interviews lined up currently and I hope to make more payments sooner.I also advise that you have so far ignored my request to be contacted by e-mail only and have phoned my mobile several times. Could you please adhere to the OFT guidelines in this respect.Kind regards

[floricita]

Quick reply. note that nothing has been put on hold alreadyWhat shall I write in reply?"Thank you for your email. As we had previously held your account for 30 days we would require either the paperwork from your debt management company or an immediate minimum payment of £25.00 to hold your account for a further 30 days. You can request your debt management company to fax your paperwork to us direct on the fax number below. Alternatively please contact the office on 0800 280 2666 to make an immediate payment of £25.00. Until the paperwork has been received or a payment has been made your account is not on hold and payments can be tried at any time. Kind Regards,

[renegadeimp]

They cant demand a payment to "hold your account" like that. Especially if you send a budget summary to prove it. If you are in a DMP, or self administered DMP, then you can send the letter regarding that to shut them up if you want.

 

As for saying payments can be tried at any time, i wonder if they realise that once you have revoked the authority for them to process transactions on your bank account, they are breaking the law. Specifically the theft act.

 

The best way to deal with it, is to set up a parachute account with a different banking group, and then you can start to have some fun negotiating with them. The kicker here, is that they wont be able to touch your new account without you giving them the details.