Payday UK - claim form received ***Claim Struck Out***

[Zero Tolerance]

Hi! I've recently had a letter from Capital Credit Management chasing up debts totalling just over £1000 that I know nothing about.

 

The tone of the letters were quite nasty, threatening court action if I did not pay up ASAP.

 

Straight away I sent them a letter using the national debt line website template stating that I had no prior knowledge of the debt and asking for written proof.

 

It would appear that they have totally ignored this and have sent another letter even more threatening than the first.

 

I know they received my letter as I sent it next day signed delivery. I'm pretty sure all of what they've done so far is illegal.

 

Should I phone them stating that I need proof of debt? What do you guys recommend I do next? Thanks!

[dx100uk]

nope NEVER EVER phone a toothless DCA.

 

check your cra file

see below

 

noddle is free

 

dx

[Sidewinder]

Personally I would ignore their letters unless and until they respond to your own letter, but if it makes you feel better, then send a simple statement referring them to your original communication and their failure to respond to it, re-stating that you have no knowledge of any debt to them and that you believe that you are not the person that they are looking for, and formally demanding a copy of their complaints procedure. Should they fail to respond again, then you will be reporting them to the relevant authorities.

 

Have you checked your credit file to make sure that nothing untoward has been registered against you?

[Zero Tolerance]

Thanks for the advice.

 

I'm registered with Experian and there have been no changes to my credit record at all. I'm assuming I should also check with the other 2 agencies? I think I will write to them again just for peace of mind.

[dx100uk]

i agree with the view to ot contact them

 

thats the whole idea of threat-o-grams

 

to mak ou contact them.

 

dont forget

they have NO LEGAL POWERS

 

DCA's re NOT BAILIFFS and NEVER EVER will be.

 

dx

[dpick]

Hi as above if you have to contact them do it in writing this keeps a paper trail, if you can record a phone call then you could ring them I would not. But again as above I would not contact them until they sent something that requires an answer.

 

dpick

[BRIGADIER2JCS]

If the original creditor has not been named and the nature of the debt not explained ignore them until these details are provided.

[Zero Tolerance]

If the original creditor has not been named and the nature of the debt not explained ignore them until these details are provided.

 

The original creditor was named as MEM Consumer Finance, a Payday loan company I've never had dealings with. I've never used a payday loan company and never will. I've had no contact from them at all, first I knew about all this was a letter from the DCA complaining about my lack of correspondence and threatening legal action.

[PDLVictim]

Hi Zero Tolerance,

 

In this case I would phone or write to PaydayUK themselves. It seems someone used your details and/or address and took a loan out with them, and PaydayUK itself is more likely to sort this out quicker than the DCA.

[huggy41]

send them this.

 

 

Dear Sir

Thank you so much for your letter dated ****** on the ***** .

It’s been such a long time since I’ve received any form of written communication,

we were not allowed paper due to the fact that we could hurt people with it when we are let out for our meals.

 

Since getting my parole I have been waiting what seems like ages for the postman to bring me anything other than junk mail.

so you can imagine my surprise to get your letter, I do hope that we can continue with this as I’ve been in trouble again and it looks like I’m going back to stay with the Doctor’s.

Yours Faithfully.

[42man]

If you really must write to them (and do it recorded)

 

then send them this.

 

Dear curs

 

I am in receipt of your letter dated XXXX

 

Firstly for the record I will make it categorically clear that I have never had any kind of loan (payday or other) with the company you mention in your correspondence.

 

Secondly if you continue to threaten me with any kind of legal action and or harrassment, I will take this as a clear breach of CPUTR2008 in line with the OFT guidelines on debt collection, I am sure that I have no need to remind you of the case of Ferguson vs British Gas. If you continue with your behaviour and I have to take it to court then when the issue of costs arises I will have no hesitation whatsoever in showing the judge both yours and my own correspondence.

 

I trust this makes my position completely clear.

[Bazooka Boo]

And please ONLY send that letter Brig posted above, as a very last resort.

 

If you do send it then expect them to start the laborious tedious game of letter tennis.

 

You will go from 'not owing' the money they claim, to being marked as 'mug awaits fleecing', seriously by doing the right thing that each and every one of us would do in replying to their computer generated letters, simply gets them all excited and their threatomatic goes into overdrive fabricating all manner of lies.

[BRIGADIER2JCS]

And please ONLY send that letter Brig posted above, as a very last resort.

 

If you do send it then expect them to start the laborious tedious game of letter tennis.

 

You will go from 'not owing' the money they claim, to being marked as 'mug awaits fleecing', seriously by doing the right thing that each and every one of us would do in replying to their computer generated letters, simply gets them all excited and their threatomatic goes into overdrive fabricating all manner of lies.

 

What lettr's that Boo:madgrin:

[Bazooka Boo]

Post#11 Brig...

[Zero Tolerance]

So basically I shouldn't have sent them a letter in the first place? I guess that's what you get for trying to do the right thing. I'm going to take all your advice and not reply to them. is it worth making a complaint to trading standards or does that achieve nothing?

[BRIGADIER2JCS]

Post#11 Brig...

 

42man not me:madgrin:

[Bazooka Boo]

42man not me:madgrin:

 

And thats me without the beer goggles!

 

Yes complaints to the OFT&TS...

[Zero Tolerance]

It seems as if Capital Credit Management has sold off one of the debts to Mackenzie Hall and unfortunately I received a court order for the other, smaller debt. It is a real court order too, before you all ask.

[unclebulgaria67]

It seems as if Capital Credit Management has sold off one of the debts to Mackenzie Hall and unfortunately I received a court order for the other, smaller debt. It is a real court order too, before you all ask.

 

Court claim form or judgement ?

 

If it is a court claim, can you post up the POC, so we can see what they have said and can suggest what you need to do. When did you take out the agreement with the original creditor ? How did you take it out e.g. online, posted forms ? When did you last make any payment towards the debt ?

[Zero Tolerance]

It's a claim form. The POC is as follows -

 

1. The Defendant entered into an agreement

 

with MEM Consumer Finance Limited on the 1st

 

July 2008. The agreement was breached by

 

the Defendant as contractual repayments were

 

not made and the defendant had debt of

 

#437.50 outstanding at the date of default.

 

2. The Claimant had the debt assigned to

 

them by MEM Consumer Finance Limited and a

 

notice of assignment was sent to the

 

Defendant.

 

3. Despite requests, the Defendant has

 

refused to provide a reasonable offer of

 

repayment.

 

4. The Claimant therefore claims the amount

 

of #437.50 from the Defendant

 

 

MEM Consumer Finance trade under the name Payday UK, a company I've had no dealings with whatsoever. I've never taken out a Payday loan in my life, but it seems the DCA just don't want to know this. This is the first time I've been able to find out when the original agreement was dated. I can only assume that someone has used my name and address fraudulently to get a loan. I still have no more information than that to build my defence.

[dx100uk]

moved to legal + title re worked

 

dx

[unclebulgaria67]

It's a claim form. The POC is as follows -

1. The Defendant entered into an agreement

 

with MEM Consumer Finance Limited on the 1st

 

July 2008. The agreement was breached by

 

the Defendant as contractual repayments were

 

not made and the defendant had debt of

 

#437.50 outstanding at the date of default.

 

2. The Claimant had the debt assigned to

 

them by MEM Consumer Finance Limited and a

 

notice of assignment was sent to the

 

Defendant.

 

3. Despite requests, the Defendant has

 

refused to provide a reasonable offer of

 

repayment.

 

4. The Claimant therefore claims the amount

 

of #437.50 from the Defendant

MEM Consumer Finance trade under the name Payday UK, a company I've had no dealings with whatsoever. I've never taken out a Payday loan in my life, but it seems the DCA just don't want to know this. This is the first time I've been able to find out when the original agreement was dated. I can only assume that someone has used my name and address fraudulently to get a loan. I still have no more information than that to build my defence.

 

Acknowledge the claim form and that you will defend in full. You have 14 days to acknowledge and then another 14 days to send your defence.

 

You need to send the claimant a CPR 31.14 request for the documents mentioned in the POC i.e consumer credit agreement, notice of assignment and a separate part 18 request to ask any questions you want to raise. In the CPR 31.14 letter you can mention that you have never entered into any agreement with MEM or any names that they trade under. Tell them that you believe that this may be a fraudulent transaction, as you have never had any pay day loan with any company. Ask the for a copy of the loan application and any information that was supplied in support of the application. In the part 18 request, you can ask questions such as, please can you supply information as to how the loan application was made to MEM. If this was via the internet, please advise the IP address that was used. If the application was made by phone, is a recording of the phone call available. What checks were made to indentify the person making the loan application ? Add any question you think are reasonable.

 

This link explains the letters.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here

 

I would also suggest that you write to MEM advising them of the situation and that you believe a fradulent loan application had been made using your details or a mistake had been made. Send the letter to their compliance manager by recorded delivery.

[Zero Tolerance]

Thanks for the advice, much better service than I got at the CAB this morning. I had already applied for a copy of the executed agreement and a statement of account using section 77 & 78 of the Consumer Credit Act 1974 and also stating I thought it was identity fraud, but that was 1 day before the court order appeared. Do I need apply again?

[unclebulgaria67]

Thanks for the advice, much better service than I got at the CAB this morning. I had already applied for a copy of the executed agreement and a statement of account using section 77 & 78 of the Consumer Credit Act 1974 and also stating I thought it was identity fraud, but that was 1 day before the court order appeared. Do I need apply again?

 

In my opinion yes, as the CPR requests are part of the court process.

 

If you reach the date when your defence is due, but you have not received a reply, at least you can then state an embarrased defence saying that the claimant had not responded to the CPR letters sent. The CPR 31.14 and part 18 requests are your opportunity to obtain the information they are basing their claim on. I bet they don't have the documents proving the loan was taken out by you.

[Mike_hawk]

Perhaps include within the part 18 questions specific to the beneficiary, ie;

 

1. Please confirm method loan funds were drawn down;

 

a. If Cheque... please confirm cheque number, date drawn and name of beneficiary

 

b. If Cash....... please confirm name of beneficiary, date drawn and method of recording the cash transaction

 

c. If Bank/electronic transfer [chaps, bacs etc]... please confirm name of beneficiary, date drawn, name of beneficiary account, beneficiary account number, beneficiary account sort code, beneficiary bank account address

 

d. If Other...... please confirm method of draw down, date drawn and method of recording transaction