Please help I'm in serious trouble

[floricita]

Hi, I don't have a dmp and I haven't sent a budget yet as they haven't requested it.Any idea on how to repsond?

[renegadeimp]

Ok. Lets start fresh.

 

What you need to do is get an I&E form, either from CAG or the National Debtline and spend a good few hours filling it in truthfully and accurately. Then you can work out exactly what you can afford to repay them and when. Your budget summary will be a legal document and will be proof of your circumstances.

 

Send this letter with a polite and professional request for them to stop charges and interest and for them to agree to your repayment offer. Make sure you include that you are willing to review it every 3 months.

 

If you need help with the letter once you have filled out the I&E and budget summary, we will be more than willing to help you with a letter.

[floricita]

Hmmm I don't know how that will work because I have been so stupid I can't afford my normal expenses and will have to rel on creditors to hold debts and landlord too. My incomings withou work at th moment is zero, and outgoings very high

[renegadeimp]

Youre overthinking things. Calm down.

 

PDL's are very low priority creditors. Your high priority creditors are more important. Food, electric, rent, car maintenance, fuel etc. After all your high priority outgoings have been worked out, if all you have left is £3 a month for example, then thats all the PDL gets. If they took it to court, a judge would side with you, and the PDL would get dealt with pretty quick.

 

If you are unemployed, and on benefits then they get £1 a week/month whether they like it or not.

 

No offense, but i think you are falling into their trap by worrying and trying to prioritise them above all your other, much more important bills.

[floricita]

Thanks.

 

What I'm saying is that I don't have money to pay priority bills either u til I get a job and am relying on goodwill to pay these back when I get a job.

[renegadeimp]

Thats why you MUST write to yoru creditors and advise them of your situation. A lot of companies are willing to put bills on hold or stop charges/interest from accruing. However, they cant do that if you dont tell them.

[floricita]

Update payday uk, stopped emailing me, have not agreed a plan, phone me 1 a day.

 

Quick quid ignored my mails, sent me overdue notice followed by default notice and. 12 pound charge.

 

Paydayexpress sent one email saying they are applying charges and interest then they replied to my email later and said they need evidence of redundancy.

 

What is the best move now?

[renegadeimp]

They dont need to see evidence they only need a budget summary and a statutory declaration that its true.the £12 by the other pdl is unenforceable as its a penalty charge.

 

Send the telephone harassment letter to the other pdl and make it 100% clear that contact is only to be done through email or letter or complaints will be going to OFCOM.

[floricita]

Thanks mate. Pay day uk have stopped calling and are waiting for confirmation of documentation for unemployment.QQ and Paydayexpress are calling me 6 times a day and sending texts throughout the day. Has anyone a link to the harrassment letter?They too are asking for evidence of unemployment before they enter into a plan. I've just been accepted for JSA, should I just send them a scanned copy of this to keep them off my back?

[renegadeimp]

If you ar eon benefits, just get your benefits advisor to type up a short letter confirming you are in receipt of them. Thats all the creditor needs. Dont send them your JSA details. This is considered confidential info and even the Jobcentre only gives it out once.

 

QQ and PDE are the same company. Send the telephone harassment letter again, and make sure you state in big bold black letters that if ANY phone calls are recieved after they get your instruction, then the OFT, FOS, trading standards, and OFCOM will be notified. Remember, if OFCOM find them in breach of the telephone communications act, QQ/PDE are in for a very heavy fine.

[floricita]

Thanks. I'm not due to see him for another 10 days though

[renegadeimp]

Then wait the 10 days. Ignore the Creditors and DCA's threats. Keep a level head, go next week to the Job centre and get the letter, send it to the PDL, and in nice big black letters, tell them " here's the proof i am on benefits. You will now only get £1 a month until such time i am able to pay more. Now eff off".

[floricita]

Thanks. Do you know where the harrassment letter is located? Can't seem to find it. Phone calls are increasing now to every hour.

[renegadeimp]

Give me a sec and ill get the letter. You MUST complain to the oft AND ofcom about the extreme harassment you are getting.

[floricita]

Thanks

[renegadeimp]

http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

[floricita]

http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

 

Thanks. It's mainly paydayexpress who are doing this. Now calling me every two hours. The whole thing is making me feel very I'll now. I do know it's my own fault, but why call me every couple of hours when I have written to them already.

Hopefully this will stop them calling but I doubt it

[floricita]

Hmmm just got an email from pde saying that they are adding charges and will continue to try and extend the loan unless I phone them.

 

Jesus

[renegadeimp]

If they extend it without your permission, they are going to be in a world of trouble.

[floricita]

If they extend it without your permission, they are going to be in a world of trouble.

 

They are attempting to d it. But I don,t have an money in that account to pay for the extension interest.

 

Hopefully my bank isn't charging me for all these failed attempts

[renegadeimp]

If they try and youve said no, then its basically theft of your money, plus they are breaking multiple regulations. If your bank charges you ( its unlikely, as its the creditor that gets charged), then you could sue the lender for making all the charges against your instructions in the first place.

[floricita]

If they only try or only if they do?

[renegadeimp]

If they only try then its an "attempt", however, if they manage to do so, then it could be seen as theft, or simple fraud. If you tell them no, and then they take the money and extend the loan, then you need to be complaining to anyone who will listen, and also consider formal legal action.

[floricita]

Thanks ren

[floricita]

Ok I sent them the below email. Would appreciate if someone could let me know if they think this is ok. To note I sent this yesterday 7pm and today still received 6 phone calls and 2 texts from PDE Dear sir/madam.I can only re-iterate my previous mail sent to you on 6th august regarding the loan.Due to a change in financial circumstances, me losing my job. I am unable to pay back the loan amount. I do not have any assets and re dive £70/week in benefits that do not even cover essential expenses.However, I am doing my very best to seek new employment, of which time I will be able to set up a repayment plan with you. Until that time I can only make token payments of £5/ month. I would like to stress again that this is the absolute maximum I can pay until my situation changes.I have paid back in full previously when I have been in full employment.I will get a letter from the job centre confirming my employment status at my next appointment. next Thursday.Please in the meantime freeze all interest and charges.I have previously requested all correspondence to be made via email as is my right under oft collection guidance. So far you have ignored this so I have to attach the below.Harassment by telephone - response letter Dear SirsI am writing in relation to the quantity and frequency of telephone callsthat I have received from your company, which I deem to be personally harassing.I have verbally and written to you requested that these stop, but I am still receiving calls. I now require all further correspondence from your company to be made by email onlyI am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.Be advised that any further telephone calls from your company will be recorded. Yours faithfully,