Speed Credit/NDR and now Marshall Hoarse - PLEASE HELP

[timeforachange]

So here's the story so far.

 

On the 8th May i took out a 100 pound loan with speed credit on the 8th May for 100 pounds.

 

Unfortunately my partner left me at this point and left me in a financially difficul position being required to pay rent, bills and everything else as im sure your aware in a household.

 

At this point NDR took over:

(NDR flat out refuse repayment plans when you email them with an automatic email response stating We Do Not Aceept Repayment Plans)

 

To resolve the situation i made the repayment offer on the 7th june for the following installments

 

26th June: 87 pounds

26th July: 100 pounds

 

They stated that this 187 was the amount owed however there website clearly states that its 12pounds per week. This was 4 weeks after taking the original loan so my maths add up to 48pounds so infact in total 148 pounds.

 

This however was refused.

 

At thias point i got dubious when speed credit refused the repayment schedule so ti think this is a completely fair offer.

 

On another review of my finances i then offered - my original calculations had been slightly off.

 

26th June: 62pounds

26th July: 62 pounds

26th August: 62 pounds

 

Again my offer was refused under the basis it was unfair.

 

They are also very clever with there contact us you cannot email them only via the website which means you get to keep no proof you sent anything.

 

On the 29th June i made a repayment of 40pounds towards the balance to hold the charges but they wanted a remainder of 211 paid by the end of the month something i wasnt able to do.

 

again charges continued to build and on the 26th July when i was unable o pay 211 i paid a token amount of 10pounds.

 

I got the usual correspondance saying that i hadnt ried or been in contact with he company and and all charges would be applied in the form of a 350 transfer charge (150 admin charge & 200 solicitors fees)

 

They eventually agreed to 2 repayments of 10.5 but at this point i was unhappy hat i had already paid 40 pounds and wanted a further 210 pounds off me for what was a 100pounds loan and realistically at the time i could not afford it.

 

At his point i had made multiple offers of repayment tried everything to n luck so i gave up and was going to ignore them and i didnt think they were contacting me.

 

NDR sent me one final email before all charges were applied completely going against the 350pound charge i would incur and turned up at 386. Onthe 6th of augustthey offered me a final chance to pay 200pounds.

 

unaware to me at this point marshall hoarse started contacting me 48hours later though these went straight to my junk email

 

these were received

 

080812 - for the amount of 386

130812 - for the amount of 386

180812 - for the amount of 410

 

in all 3 they give me formal notice speed credit have legally assigned them the debt yet they are based in the same buiilding. Also can they continue to add charges. They advise someone will visit my property (is there anything i can do to stop this)

 

is there anything i can do though now or is it jus going to spiral? wha should i pay back the loan was originally including interest for 148? Have i shot myself in the foot by setting up a payment plan and breaking it i just felt pressured to set it up in place and sent a long winded letter detailing this plan? - the only reason i didnt make the payments was because i believed he charges were unfair.

 

is there anyway i can stop them coming to my property. should i pay anything to the balance at the moment?

 

finally if they take me to court will i automatically get a CCJ against my name or is that only if i break the repayments issued by the cour i really dont want a CCJ.

 

The marshall hoarse states the following in email

 

TAKE NOTICE: You should accept this letter as formal notification that unless payment is received within 4 days then your account will be fast-tracked and considered for the following:

 

Consequences of inaction:

1. Court Judgement legal action will be automatically started in the County Court for recovery of the full amount outstanding. Any such proceedings will include additional claims for legal costs and interest which will increase the amount you will be required to pay.

2. Warrant of execution will be applied for to enable us to seize goods at your addresses and o r an attachment of your earnings.

3. Register of Judgements any judgement will be entered in a public register, the Register of Judgements, Orders and Fines Credit Reference Agencies, who will supply them to credit grantors and others seeking information on you financial reputation. This will make it very difficult for you to get credit.

4. Credit reference Speed Credit have already advised the Credit Reference Agencies of your DEFAULT. This may seriously affect your ability to obtain credit in the future. Once the balance is paid in full, only then will the default be shown as “Default Satisfied”.

 

thanks for all your help and reading through all of this. im hoping someone here can help me if this goes to court, ive deal with loads of companies like this but never been anything like this. i have repayments with a few payday loan companies.

[timeforachange]

also as you can see the amount seems to fluctuate all over the place. i dont even know what im repaying anymore the emails just states

 

Debt GBP 292

GBP 24

GBP 24

GBP 24

GBP 24

GBP 24

GBP 24

GBP 24

 

NDR told me it would be 386 this was after Marshall Hoarse emailed me today and said the amount increase by another 24pounds for the ignoring.

[renegadeimp]

Normal threat letter. I doubt they would go to court especially when their paper trail breaks uk law, and also breaches OFT guidance on debt collection.

 

Should it ever go to court, show the judge the complete paper trail that shows ongoing harassment/intimidation/breaches of OFT guidance, and the fact that refused any kind of a repayment plan from the outset, instead preferring to hike up the debt to extortionate levels.

 

Also, you MUST get official complaints in to the DCA/PDL and regulators. Remember, a DCA can take no action on a debt. Only the owner can, and even then it needs to be passed to solicitors.

 

Ignore all the charges as they would never be able to be enforced unless you met a judge with total disregard for the law.

 

Im sure someone can help put together a letter of complaint for you. If not, ill be back around 9pm after work and can help out a bit more.

 

Also remember, that Marshall hoares are pretty much part of the same company. The debt gets passed around avery small group of companies, who pretty much cant do anything. On the plus side, the ONLY court action they have ever won is where they got judgement by default.

[timeforachange]

thqanks id appreciate the help on the complaints leter. i will ge it sent oday then.

 

is there anyway stopping them visiing my property? so would it be jus he original amount i lent hat would stand in court. as i said i have paid 50 towards the balance so it would be 98 of the original 148 outstanding. I could pay this this coming week or would you suggest waiting until they offer it to me - it may just be a payment thats lost in there sea of charges. im just more confused over what i acully owe.

[renegadeimp]

Send them a WOIRA (Withdrawel Of Implied Right of Access) or http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members

 

If they break this order, get the collectors name, and informt he police. You can then sue the collector and DCA for trespass without further notice to them.

[renegadeimp]

You also want to obtain a FULL breakdown of the debt and what each charge is for. Atm, you are simply being given random numbers and threats.

[timeforachange]

i will get that sent out this monday thankyou. if you could help with the leter of complaint later i would appreciate it v much. if you could also help on whether i should pay anything now and what i acully owe i would appreciate it. you know things are bad when you dont even know what you owe anymore.

[timeforachange]

i will email them now asking them.

[renegadeimp]

Once you receive a FULL breakdown, dont respond till we give you the letter. Also remember that they might try and say "YOU agreed to the terms of the loan". If they do, thats more ammo for you in court, as they are trying to remove your statutory rights.

[timeforachange]

i also find it unusual to why the emails im receiving are from [email protected]. maybe they are trying to get a response to see if i live here. can i advise them i sent hat letter revoking the approval to come to my property

[timeforachange]

i will email now asking for a breakdown of charges

[timeforachange]

not sure why the fraud department is messagin me. in this same email can i detail the woira

[timeforachange]

am i correct in thinking that speed credit have been closed down now???

 

will tha make any difference to what i owe

[timeforachange]

sorry avbout all the posts but when i tried to email marshall hoares from there site it is down as is the ndr website.

 

now the emails im receiving are from [email protected] it me or could they be determining if my debt is liable to be sold on cause if im correct they had alot of fraudlant accounts. will i just reply to the email in my inbox or should i just ignore these temporarily and see what happens. if you think i should get a breakdown of charges i will send it tonight when you get chance to respond renegade. cheers

[renegadeimp]

Dont worry about their site just yet. They could be in the middle of a redesign, as the error message simply means that there is no directory listing available.

 

Lets give it a day or two and see what happens, then i can give you that letter we discussed before.

 

As for the emails you are receiving, please report them. WOnga did this to their clients as well, and had their credit license actioned for it. In the OFT's eyes, its the same as saying that the PDL is accusing the debtor of fraud, as well as being misleading communication.

[timeforachange]

thanks so should i still contact them to ask for the full breakdown of charges as i will reply to the fraud email. they have never directly contacted me stating fraudulent activity.

 

what is it that you suggest i state to the oft when i make my complaintin regards to the email address. just that they are contacting me from a fraud email address?

[timeforachange]

the only reason i cud think for the fraud email address is that i originally thought i was goin to beu out of work then i kept my job after 3 months thankfully but then my partner left so i continued with communication i never advised them of this however im concerned now im going to get done for fraud cause i originally said i was out of work and ended up keeping the role i never explained the ppartner situation. in my request for breakdown of charges should i ask why they are contacting me from this address?

[renegadeimp]

Theyre not using it for any reason but to threaten or accuse you. Dont think its personal, as they are probably doing it to thousands of other debtors.

[timeforachange]

i have just replied for a breakdown of charges. i will email the oft im going to do a full breakdown of everything again i'll contact the oft again im going to make sure i put everything again and put it all forward to them explaining the issue of originally thinkin i was out of work and then the partner situation and then what has occured since.

[renegadeimp]

I bet the breakdown will show multiple penalty fees which are unenforceable, a "transfer fee" in the hundreds to pass it to their DCA partner, again unenforceable, and probably a couple of other erroneuous charges. Not to mention the interest amounts, which they will be saying its "contractable interest", even though your contract ended after the initial repayment period, and you didnt actually sign a further contract to extend the interest.

[timeforachange]

they originally said there would be a 350 transfer fee but this never materalized on my account im not sure what makes up the original debt when i paid back 50 anyways. all the 24 pounds showing will be extension interest payments. i will post on here soon as they provide a response. cheers for your help this far i'll b in touch soon.

[renegadeimp]

If you didnt agree to the interest and it wasnt in the terms and conditions, then they cant enforce it. Personally i find it funny they try to charge you make interest when you are in arrears, even though its obvious you cant even pay the original debt, and when they finally take you to court, they can only get 8% interest PA.

[timeforachange]

i have just tried to contact them back via reply as theres no site online at the moment. the message however failed hotmail inboxxed the failed delivery message.

[timeforachange]

im not really sure how else i can contact them now there email allows no response and there site is down.

[renegadeimp]

DOnt contact them. Just wait and see what happens for now.