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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well.   But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them.   If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction.   Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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I have only just joined this so forgive me if I'm posting in the wrong place or anything. I took out 200 with speedcredit in May, lost my job, rolled the loan over for another month and when it was due, and then i couldn't pay so called up for a repayment plan. They agreed but somehow tricked me into a agreeing to a repayment plan of £50 a month, adding up to 500 all together when i should have only owed 200 + 2 months interest. When it came to paying back the first £50 i was unable to, so they let me start paying the repayment plan a month later- the catch being that i pay a total of 550 all together. I don't understand how the charges are so high, are they allowed to add so much onto the amount owed?? Anyway, today I am supposed to pay the first 50 pounds, yes TODAY but they have already emailed me saying it is late, when i just haven't put it in yet and should have until the end of the day to do so. Speedcredit sent me this email:

 

"You have failed to honour the payments you agreed to so this file has been fast-tracked for recovery through the courts and by recovery agents.

 

You should contact Northern Debt Recovery within 24 hours days on 0843 381 0843 or we will be left no option but to send our Recovery Agents to all addresses we have on file for you in order to obtain payment. This will incur additional fees.

 

We will shortly be liaising with solicitors to obtain a County Court Judgement against you. Once this is secured we will return with a Warrant of Execution from the County Court and certified Court Bailiffs to seize g oods up to 9 times the value of what you owe.

 

Legal and Recovery fees have been added to your file. Below is a breakdown of what you owe

 

Loan and Interest £344

Cash Transmission Fee 23.05.12 5

Missed Payment Fee 1 (day 29) 20.06.12 10

Closing Amount Discount 30.06.12 191

 

Repayments todate £0

Total £550"

 

I am not sure what to do because I could call them up and give them their first £50 which i can hardly afford on job seekers allowance, but i feel it isnt fair how much they are expecting me to pay back and is there anyway i can make them lessen the extortionate amount i 'owe'??? Help would be greatly appreciated.

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As you are a newcomer to this forum,may I first say welcome you.The second thing to say,is read all about Speed Credit/Toothfairy.There are numerous posts regarding these cowboys,they derive great delight in sending threatening and intimidating emails.You are now a member of the Speed Credit fan club.I am sorry if I sound a bit light hearted regarding your email,but that is the way you must treat them.They will send you deadlines of when the recovery agents and bailiffs are going to visit you,but until the matter has been to court,they will not visit you.They are under the illusion that they will get a CCJ against a defaulter,but after reading a lot of posts,I have heard of no one being taken to court.I have had dealings with them,they are prolific liars.

They will add all sorts of extra charges on,then pretend that they are the good guys in giving you a discount by paying back in one final payment.

As you are on JSA,you could offer them £1 a month.

As other members will tell you,DO NOT phone them,as you have found out,they will coerce you into any agreement to their advantage,not yours.

I am a bit pushed for time now,other members will give you more advice later.

But,DO NOT WORRY.

 

Regards,John.

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Thanks for your reply John, do you or does anyone know the email address I should use to contact them? I think it would need to be the NDR recovery people as it has been passed on to them so I don't think there is point emailing info@speedcredit. Also how would I word the email? sorry for all the questions but if anyone can help i would appreciate it!

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Hi welcome to the forum

 

There first thing you really should get sorted asap is opening a new bank account and have your JSA moved to it, as they will try to rinse your bank account as much as they can. Also you should only be paying them a Token payment of £1 a month because your on benenfits, ive been dealing with this company at the min too, they dont seem to like it , but ive spoken to CCCS and many people on here and theyve all reassured me in court all theyd get in a £1 token payment.

As John said try not to worry they are just threats they are just trying to put fear in you to get you to pay more.

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Thanks for your reply John, do you or does anyone know the email address I should use to contact them? I think it would need to be the NDR recovery people as it has been passed on to them so I don't think there is point emailing info@speedcredit. Also how would I word the email? sorry for all the questions but if anyone can help i would appreciate it!

 

 

Ive been using the info@speedcredit email and NDR always seem to get the message passed onto them since their in the same office.

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Speedcredit and their related companies are on the verge of being closed down. They are trying every trick in the book to get payment from whoever they can. This includes threatening and harassing debtors ( like in your example), which is a complete violation of the rules they must legally agree to in order to operate.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks for the help, I emailed them yesterday offering to pay £1 a month because I am on benefits, and offering to send a copy of bank statement to prove it. Today I got this email:

 

 

BY LETTER AND EMAIL

 

Online payment ID: 14787683

 

Outstanding amount: 550

 

Demand for payment

 

Client: Speed Credit - Speed Credit Loan**

Client Ref: 14787683

 

Date: 02/08/2012

 

Despite our previous demand for payment you have failed to clear your arrears (as stated above) or make suitable repayment proposals.

 

The amounts which remain outstanding to the above named client must be paid in full within THREE days of this demand. Should you be unable to pay the amounts outstanding, within THREE days, you MUST contact one of our customer service operators on Tel: 08433811111 to arrange a suitable repayment plan.

 

If you ignore this demand for payment or fail to arrange a suitable repayment plan within THREE d ays, we will issue this case to one of our debt recovery agents to attend your premises to arrange payment with you.

 

NOTE: DOOR VISIT- please call to arrange a convenient time for one of our Enforcement Agents to visit to discuss repayment. If we do not hear from you we will visit at will. Failed visits may be charged for.

 

NOTE: COURT ACTION - All necessary documents have been compiled into a legal case file to evidence the issue of this credit to you, and your refusal to come to a satisfactory arrangement to settle this debt. This is ready to be automatically submitted to your local County Court in order to seek a Judgement against you.

 

Yours Faithfully

 

 

 

Door Collections

Marshall Hoares Bailiffs

 

I'm really scared coz I live with my parents and if I have people coming to my door I'm in big trouble.

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Dont worry about people coming to your door. As for the letter, you must file a complaint to the OFT. They are breaking every rule in the book with the contents of that letter.

 

For people coming to your door, have a read of : http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members

 

One thing to remember is they have no rights at all, and cannot charge you for "attending at will".


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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How do you file a complaint to OFT? And what, just copy and paste the letter to them, or explain the situation?

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Email them or use their online form on their website and include as much detail as possible, along with any evidence. They wont deal with your case specifically unless it is really serious, but your complaint will be used against them when its time to renew their license or if they have restrictions placed on it.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks for your help so far, but Speedcredit have completely ignored my emails regarding doorstep collecting and offering them £1 a month and sent me this today:

 

 

Outstanding amount: 550

 

PRE-VISIT Notice

 

Client: Speed Credit - Speed Credit Loan**

Client Ref: 14787683

 

Date: 06/08/2012

 

You have failed to make suitable repayment arrangements concerning the above arrears which remain outstanding.

 

Our recovery Agents will now visit your premises to arrange payment . This will involve a person visiting you to demand payment. Should the payment not be forthcoming, further visits will take place until we have payment in full. All visits may be chargeable.

 

You must make the IMMEDIATE FULL PAYMENT of all outstanding amounts (as shown above) to prevent this action from commencing or contact us to arr ange a suitable repayment plan.

 

YOU HAVE 3 days FROM THE DATE STATED IN THIS NOTICE TO MAKE PAYMENT

NOTE: THIS IS YOUR FINAL CHANCE TO AVOID COURT ACTION. NO FURTHER WARNING WILL BE GIVEN

 

A fully prepared case will be sent to your local County Court for Judgment against you as well as agents instructed to your door. After a successful judgement we would seek a Warrant of Execution to seize goods and / or obtain an attachment of your earnings to have this debt deducted directly from your salary, this would require us to liase with your employer.

 

WE ADVISE YOU TO CONTACT US IMMEDIATELY on 08433811111

 

Yours Faithfully

 

 

 

Door Collections

Marshall Hoares Bailiffs

 

What can i do about this? I cannot have people visiting my door, my parents would go mad. I heard something about complaining to the financial ombudsman and they get payday loan companies to drop charges? Someone help I'm so stuck here.

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Ok. You are on benefits. See your benefit advisor and ask them to write a short note that says that you are on benefits and includes a statutory declaration that the letter is genuine.

 

Then you can make the PDL's squirm with a short simple letter. Which we can help you with if you like. These con artists are very easy to deal with, however they love to act like spoiled children, stamping their feet and having temper tantrums. Once you have the letter from your advisor and the letter we can write for you, you can smile and ignore them, and simply pay the £1 a month by standing order or postal order only. Do NOT pay by any other method.

 

Also, ( and this is what they do NOT like), they have to stop charges and interest accruing on the account, as you cannot realistically repay the debt, and they are simply adding on charges and interest purely to self enrich themselves.

 

Should they ever take the debt to court, the judge will not like it one little bit when he/she see's whats been going on :) Depending on the total debt, and your I&E, the judge will consider if there is ANY chance of you paying off the debt.

 

Possible judgements in your favour could be:

 

  1. Debt and payments paused for xx number of months, along with charges/interest
  2. Possible reduction of the amount owed. Again, depending on circumstances.
  3. The debt completely wiped if there is no future possibility of you repaying within a realistic time period. ( This option is rare, and mainly applies to disabled or vunerable debtors)

 

 

Hope that helps. Feel free to reply if you want more info.

Edited by renegadeimp

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I sent them this email:

I have taken note of the fact you have completely ignored my previous emails offering a repayment plan and sent me a threatening/harassing email and text. As explained:

I am on benefits

550 is much more than I realistically owe you, maybe the original loan amount plus 2 months interest would be acceptable, (so around £300 or less) on the condition that my account is freezed and on a repayment plan of £1 a month while I am on benefits. I will happily pay higher amounts (e.g. £50-£80 a month) towards the £300 once I have a job.

Also your email mentions me having a job when I told you 2 months ago I had lost my job- looks like you have no clue about your customers. If you require proof of me being on benefits- this can easily be arranged. Please DO NOT send me yet another email that completely ignores me and just contains random threats and charges- I will take note of that and show it to OFT as well. Every letter you send me breaks OFT guidelines. If you do not wish to co-operate with me and continue acting as unfairly as you are, it will be your company that suffers, not me. Please note that i am recording all of our correspondence for proof if I need to take action against you. I hope you accept the offer I have given you as it is the only way you will get a penny out of me- scare tactics and random charges will NOT work on me as I know my rights.

 

Kind Regards

 

(because i would rather not try to explain to my jc adviser as to why i need a letter proving I am on job seekers unless i really have to) and they completely ignored everything i said as usual and sent me this email:

 

Dear Hannah

 

Thank you for your message dated 06.08.12.

 

You have not kept to your payment plan as discussed.

 

Your current outstanding balance is £550. You will be incurring additional interest charges on the 14.08.12 making your total outstanding £598.

 

You have 2 options regarding the repayment of your loan:

 

1) If you are willing to pay your total outstanding in a one off payment by the 14.08.12 we are willing to reduce your total repayable amount to £500 to close your file.

 

OR

 

2) If you are unable to pay in a one off payment, but you are willing to pay £50 per month starting from this month, we are prepared to FREEZE all interest and charges, but you will need to pay your total outstanding balance, which is £598.

 

Please confirm which offer is accepted by you, the dates that you will be making payment on and whether you wish for us to set this up to take payment automatically.

 

If you have any questions please don\'t hesitate to call us on 0843 381 1111.

 

Failure to make a payment will lead to ground recovery agents being dispatched to all addresses on file and if no agreement can be reached, proceedings will commence against you in your local county court.

 

Yours Faithfully

 

sharon leaver

 

Door Collections

 

Marshall Hoares Bailiffs

 

Honestly not sure what to do as i don't think anyone at my job centre has time to write a letter explaining i'm on benefits and even if they did, it looks as if speedcredit will completely ignore it as i offered them proof and they just ignored that. Starting to feel tempted to take out another loan to get them their bloody 500 by the 14th.

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Don't take out another loan, they point blank ignore everyone I'm havin the exact same problem with them, have a read through my thread with help and the kind advice from people here I have stuck to my guns and not given in they're getting my one pound token payment a month off me and that is t. dont be scared of them they are bullies that are full of hot air. Stick to your guns a keep making token.payments

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If you ask your adviser to write a short letter, they will do so. Its no problem on their part. The problem you face is getting the morons at the PDL to understand basic english.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Dont pay them ANYTHING. As the above poster said, they do not have a license anymore so cannot reclaim any monies owed.

 

If anyone comes trying to claim any money, tell them to get lost unless they provide proof that speedcredit are able to collect outstanding loans. It wouldnt surprise me if SC sold almost all their debts just before they lost the license, and the reason for the last few weeks of masive debtor intimidation was because they knew the license was getting revoked.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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according to the article they can if they decide to contest - i dont know if thats the right advice right now rene.

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IF they decide to contest. However, they do not have a current license and therefore cannot legally collect any debt owed to them. If they sold it, then the new owner can. If they get their license back, then they can. But currently, the debt is owed by them, but they do NOT have a collection license.

 

If they do, then i will retract every comment in this thread that i have made.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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from my understanding it seems clear that they have 28 days to contest - they can therefore continue trading until they loose their license. if they do not contest then their license is lost, if they do then they CONTINUE to trade, meaning therefore in this "limbo" period they could still trade, no?

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They could still trade, but they would need to go into "hardcore collection mode" to regain all the monies owed, incase they were unsuccessful getting their license back.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Well lets look at it a different way. If one of the main free dmps refused to authorise payments to speedcredit and the others theres something clearly happening.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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speed credit wont do much know but closer to the 28days they might try and raid. this is where people need to instantly complain to the OFT and make them aware

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don't see any valid points yet. One of the first responses I received was from one of the site team a few years ago - we never advice people to ignore or not pay debt, or something along those lines, this seems to be shifting in this instance. I have never even used this company or heard of them but the advice seems to hold no ground and could put people into more difficulty if you're telling them not to pay anything...?

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