MRS LTD / Payday Express

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Hi all,

 

I took a Payday loan in 2010 out with Payday express - not denying it I had it.. got into dificulty and Clarke Richards started to deal with it.. (I cant seem to find dates at the moment), since Clarke Richards screwed me over, I stopped paying them and hence nothing was going to PDE.

Since that I have had no communication with PDE.

I recieved the following email on Tuesday 9th Oct. from MRS relating to Payday Express.:

 

Original Creditor: Pay Day Express Balance Outstanding: £713.00

09 October 2012

NOTICE OF ASSIGNMENT

 

Dear

We write to notify you that the above mentioned account has been assigned by Pay Day Express to Mercantile Recovery Solutions Limited. We have been informed that our clients have received no notification of any legal dispute that should prevent you from repaying the amount outstanding and as such and we now ask that you direct payment to our firm immediately. Should you wish to discuss this matter with one of our representatives please do not hesitate in calling our Customer Recovery Team on 01563 546 377.Please note that should you choose to ignore this matter further, we will have no alternative but to consider instructing further action against you. Important: If you are not the above named recipient please contact us quoting reference ddddddd. Yours faithfully,Susan TaylorSusan TaylorCollections Department Reply Forward

 

I sen them a reply asking for more info - dates opening amounts etc but nothing back so, I gave them a quick call to get an acknowledge recipet of the email (I know I shouldnt but I kept saying everything in writing, Even talking over her with the exact same phrase that she didnt like ), but they werent forthcoming to send any info in writing but began to read everything off to me, some of it incorrect suchas date I took loan out, oh and how there going to contact my employer to get the funds out of my wages - they quoted a company I got made redundant from 2 years ago! (been on benifits)

 

So I decided to hit the reply button again and sent this (I included there complaints team):

 

This afternoon I have contacted yourselves to see if you did recieve my

email request as no acknowledgement has been recieved.

I was promptly told that you are now taking litigation proceedings because

I have requested the information to be made in writing?

Can you please advise as to the reason you are proceeding with Litigation

when a request for information has been issued to yourseleves only ONE DAY

of first contact by your company?

You can clearly see my timely response to your email below requesting the

following information: copy of the Credit Agreement, and also full

statement if account indicating all transactions. (Opening/start balance,

payments received, intrest charges, other charges with explanation of

charge if not stated).

As I have never heard of your company or owe your company any funds you

will understand my request for the information as to what makes up the

value stated justifiable.

Regards

 

PLEASE NOTE ALL COMMUNICATION TO BE MADE IN WRITING.

 

**NB: Should it be your intention to arrange a “doorstep call” or a “Field

Representative to visit”, please be advised that under OFT rules, you can

only visit me at my home if you make an appointment and I have no wish to

make such an appointment with you.*

*There is only an implied license under English Common Law for people to be

able to visit me on my property without express permission; the postman and

people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2

QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license

under Common Law for you, or your representatives to visit me at my

property and, if you do so, you will be liable to damages for a tort of

trespass and action will be taken, including but not limited to, police

attendance.*

 

Funnily enough Only the complaints email failed as no such address exsits even though it was taken from there own website...

 

Well today (3days after original email) I have just recieved the following:

 

12 October 2012 FORMAL NOTICE OF LITIGATION AS REGULATED BY THE CONSUMER CREDIT ACT (2006) Dear XXXXX, We hereby inform you that Mercantile Recovery Solutions Ltd. have been instructed to collect the above account.

Despite our client attempting to contact you using all means available to them, including all the information provided in your credit application they have, to date, been unable to reach an amicable solution of repayment with you.

We must now make it clear that we are in the process of instructing our solicitors to issue a claim against you in your local court. We are fully confident that such claim will be successful as we are unaware of any legitimate legal reason for non-payment of the debt and again we should make our intentions clear that upon successful award of the claim we will look to enforce the debt by way of an earnings arrestment. As part of your application process you provided your bank account number, sort code, pay date and employer details – all of this information will be utilised to seek immediate repayment of the sum outstanding. Please be aware that your employer will be notified of this order if necessary. Whilst we do not wish to burden you with further costs, (all legally recoverable fees will be added to your outstanding balance) your lack of cooperation thus far leaves us with no viable alternative. Should you wish to avoid this course of action we would recommend you contact our pre-litigation collections department on 01563 546 373 before noon the 18th October 2012. Failure to respond to this notice will only lead to immediate court action being undertaken. Yours sincerely, Mark Sanderson Mark SandersonOperations Manager

 

Now MRS have stated I took a loan out for the value of £715 in November 2011 -- This is the Default amount and date on my credit file!!

 

I've heard that these can be quite nastey and see it as any request for information about the account as a stalling tactic (something that the young girl said when I asked her to send me the info).

 

I'm adament that the £715 is full of intrest and charges and thus require a full statement of account detailing all transactions.

 

Should I do the £1 CCA request as there Loan take out dates seem to differ or are they going to disregard it as a stalling tactic?

 

Any other help on this would be great assistance.

[bigshoes...bigsocks]

Who cares if they see it as a stalling tactic?

 

A CCA request is a valid request for a legal document. Get the CCA request done ASAP and come back on here with what they provided.

[Bazooka Boo]

If this was taken out online in 2011 a CCA request will be pointless, in fact if you took this out post 2007 then a CCA request will still be redundant.

 

Do you still bank with the same that these have the details for? If so, you need to open another bank account, OR inform the bank that under no circumstances is any payment to be made to this outfit without YOUR express permission.

 

You could send PDE a SAR (£10) this will show any charges that have been added which you may be able to reclaim.

 

Keep off the phone, keep everything in writing, or email. Keep a diary of events.

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CCA request has went off to them on the 15th October following receipt of a letter dated, 11th October – Which in fact is a copy word for word of the email they sent on the 12th.

 

Received a phone call from them today (16th October) but I wasn’t available so my mother took the contact number and reference, despite me telling MRS contact in writing only.

So I send them the following email to all the addresses listed on the “Contact Us” on their website:

 

This email is in relation to your repeated contact via email on 9th & 12th October 2012, which was replied to but no reply from yourselves has been received (i have copies of my replies) also a reply to your letter dated 11th October which was revieved on 13th Oct (my reply posted by recorded delivery 15th Oct) which all state ALL COMMUNICATION TO BE MADE IN WRITING TO MYSELF, yet you have contacted me today (16th October) regarding the account.

I find this unbelievable when I have firstly requested information from yourselves and also stated ALL COMMUNICATION IN WRITING.

So with that said please tell me by way of reply as to the reason you found it necessary to contact me today via telephone, yet do not respond to my requests?

 

Please remove any telephone number you hold for me from your system and please also ensure that ALL COMMUNICATION IS MADE IN WRITING!!

Regards

 

The addresses I sent this to are listed on their website under contact us:

 

(1) Sales - [email protected]

(2) Complaints - [email protected]

(3) Litigation - [email protected]

(4) Information - [email protected]

 

Yet I get a message undelivered for (1), (2) & (3), and no response to any of my questions / emails to (4)which is their email address at which they contacted me from on the 9th & 12th October 2012.

 

Does anyone have any other contact email addresses or should I just do everything via snail mail. if via other email should I contact FOS and also start including them on emails?

[Bazooka Boo]

Again a CCA request will be irrelevant if you took this out post 2007.

 

Can you answer some of the questions in my last post?

 

Why are you yanking their tail? If they're ignoring you then do the same.

They have no powers anyway.

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If this was taken out online in 2011 a CCA request will be pointless, in fact if you took this out post 2007 then a CCA request will still be redundant.

 

Do you still bank with the same that these have the details for? If so, you need to open another bank account, OR inform the bank that under no circumstances is any payment to be made to this outfit without YOUR express permission.

 

You could send PDE a SAR (£10) this will show any charges that have been added which you may be able to reclaim.

 

Keep off the phone, keep everything in writing, or email. Keep a diary of events.

Taken out 2010.

No I don't use the same bank.

I have sent PDE cca & sar before, when letters & calls for 600+ started. Then didn't here anything but the 715 is on my credit report as a default and I want it cleared..

Info I want to see is the additional interest and charges as they shouldn't be doing them. I was told at most for a one month intrest & no penalties.

[Bazooka Boo]

IMO then a CCA request would be pointless. Have they cashed the postal order?

 

Who did you send the first SAR to? Did they cash the £10 fee? How long ago was it you sent the SAR and did you receive all of the info you requested?

They have 40 days in which to supply all info you requested, have they done that?