Jump to content


  • Tweets

  • Posts

    • Hmm, so.. basically have to rely on the default notice not containing all that it should and the claimant misleading the court for the reason for the application.. and judge lottery : /
    • Which would require a hearing....so the fee would be £255.00
    • When providing a copy of an executed agreement in response to a request under section 78(1) of the Act:   a.     must a creditor provide a photocopy (or other form of complete copy) of the original agreement that was signed by the debtor or at least provide a copy which is derived directly from the original agreement or complete copy thereof? or b.     can a creditor provide a document which is a reconstitution of the original agreement which may be from sources other than the actual signed agreement itself?   It was held that a creditor can satisfy its duty under section 78 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself.   The judge accepted that as a matter of law, section 78 does not itself require any particular explanation as to how the copy was made. However, as a matter of good practice and so as not to mislead the debtor, it is desirable that the creditor should explain that it is providing a reconstituted as opposed to a physical copy of the executed agreement. This will also explain why the copy might otherwise look a little odd. The creditor can also explain in the letter that this procedure is satisfactory under the Act. The judge also provided that the following information needs to be included in the reconstituted copy agreement (assuming of course that it was present in the original):   1.     Heading: Credit Agreement regulated by the Consumer Credit Act 1974 2.     Name and address of the debtor 3.     Name and address of the creditor 4.     Cancellation clause applicable to the executed agreement.   All of the above may be provided on a sheet which is separate from the full statement of terms and conditions which also forms part of the reconstituted agreement. The creditor may, however, decide to reconstitute the agreement in a different way so that, for example, the information above is populated electronically onto the same sheet as that which sets out the terms and conditions, or some of them. The judge stated that he did not intend to prescribe the precise form of the reconstituted agreement. The key point is what information it should contain, subject to the point that its format should not be such as to mislead the debtor as to what he agreed to.   The judge also considered whether a statement like the one appearing in the reconstructed application form in Carey referring to the agreement to the terms and conditions "attached" needs to be included in the reconstituted copy. Alternatively if the application form had said "I agree to the terms overleaf", should that statement be included. The judge held that this aspect of the form is not necessary for the purpose of the section 78 copy, although there is nothing to stop a bank from putting it in or indeed from furnishing a copy of the type of application form or signature page that the debtor would have signed, as some banks have done. The statement referring to terms and conditions is not itself prescribed information and the supply of the terms and conditions which were applicable at the time will tell the debtor what he needs to know in terms of the content of what he signed up to, including the presence (or otherwise) of the prescribed terms.   In practical terms what this is likely to mean is that if the creditor chooses to use as the section 78 copy the section 63 copy, which would have been provided to that particular debtor at the time following execution of the agreement, this will be sufficient provided that the information referred to above is supplied. This exercise is not a mere formality. The creditor will need to check carefully that the details of the debtor at the time are correct and that those are the particular terms (including prescribed terms) that he/she agreed to. This is to ensure that it is an honest and accurate copy.   Must a creditor provide a document which would comply (if signed) with the requirements of the Consumer Credit (Agreements) Regulations 1983 (Regulations) as to form, as at the date the agreement was made in order to comply with section 78?   A creditor need not, in complying with section 78, provide a document which would comply (if signed) with the requirements of the Regulations as to form, as at the date the agreement was made.   Must the copy provided under section 78 include the debtor's name and address as at the date when the agreement was made, and if so in what form? The section 78 copy must contain the name and address of the debtor as it was at the time of the execution of the agreement. But the creditor can provide the name and address from whatever source it has of those details. It does not have to take them from the executed agreement itself.     If an agreement has been varied by the creditor under a unilateral power of variation, is a copy of the executed agreement as varied, a sufficient copy for the purposes of section 78(1), or must the creditor provide a copy of the original agreement as well?   If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms.     As your agreement is post April 2007  Section 61(1)(a) and 127(3)   Consumer Credit Act 1974 would not apply.   Andy
    • well start a new thread for the court claim.   as for this one i'd await the letter of claim  
    • Useful information...   And....   https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part55
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2521 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi Everyone,

 

I'm new to the payday loan "schemes" and I need some help.

 

I took out a pay day loan with Quid Market on the 8th of November, had to replace my washer and could only afford second hand and didn't want to ask my parents, the money is still in my account. However I was hit in a slight bump with a Renault on the way to work on the 9th, got quite a bad concussion and I was in hospital for about 9 Days. All is well, thankfully.

 

My only problem whilst being in the hospital, my mobile has rang non stop since my payday, I've answered the calls on a few occasions and they've hung up consistently, they are now claiming that i've been dodging my pay day loan.. The fact is I haven't, my dad reported my bank cards missing whilst I was in the hospital, and I ordered new ones just Friday gone. I've come home to 10 (my maximum) voicemails at home, 7 emails at my work email address and a countless amount to my personal emails.

 

I understand they have a right to contact me, yet they were advised by my father and a family friend who answered my mobile that I was in hospital, both times they were laughed at, then asked to pass on a message "regarding my OUTSTANDING account" with them.

 

On Friday I tried to email them within the 14 days to say I didn't want to be part of the agreement anymore and wanted to return the funds and my emails have been sent back automatically.

 

It's not a question about paying back. It's more a question of i've tried to contact them, family members have been met with what i would call a complete disrespect. I tried calling this morning and was huffed at and quite blatantly mistreated.

 

However, i've returned to work today to find out that i've had 7 internal transfers from the main call centre, not only this 2 team leaders have spoken with quid market- whom have made it quite clear who they are and what they are looking for. Not only this one manager tried to explain to them that I was in the hospital and was advised "i don't believe you, why have you had to leave your desk to discuss this?!" I'm told the girl then started laughing at her. I work in a very DPA tight job (mobiles are not allowed on the main floor) personal details about clients/colleagues are extremely confidential: hence why she left the area.

 

So in total i've had 10 voicemail, approximately 30 missed calls, 7 work emails and god knows how many in my personal emails.

I want to know what my rights are when I call them, as I don't feel it's fair that i may incur charges, unfortunately my bank wouldn't allow my dad to order new bank cards for me (dpa) and despite my father and family friend trying to discuss my account with QM they have decided it is far more humiliating to contact my work, on a number and extension on which I did not give them- Surely this has to be illegal?

 

I'm at a complete quivering loss, they're threatening me with court already- which, living in Scotland for £210 would be laughed out of court. However they've broken my DPA rights on more than one occasion, i'd say they are borderline harassing me now. I tried to call the OFT but they're closed by the time I finish work.

 

Sorry i'm rambling, but this is my first experience of a Pay Day Loan company- i wish i'd just sucked it up and asked my Dad.

 

Can anyone help me? Not with regards to setting up a payment plan or anything, but running them through the legal mill. I don't feel my situation warrants this kind of behaviour and to be honest i'm quite scared to call them tomorrow to explain everything again.

 

Thanks

Share this post


Link to post
Share on other sites

Hi and welcome to CAG. I hope you are getting better.

 

First time I have come across Quid Market but it sounds just like the rest of these legalised loan sharks.

 

Have they said to any of your colleagues what the call was about or did they just say "outstanding account" and did they say it was Quid Market? If they did then anyone could access the internet to find out who they are. If any of your colleagues are prepared to state that this is the case you could include that in any complaint you may wish to start.

 

I would be writing to their head office which is:

 

Stagemount Ltd, Foxhall Business Centre, Foxhall Road, Nottingham, NG7 6LH

 

and mark it for the attention of:

Courtney Vaughan


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Share this post


Link to post
Share on other sites

Hi

 

Thanks, it's my own fault for not paying attention when crossing the street, lesson learned!! But i'm much better, thank you.

 

The man who called stated he was calling from "quidmarket, regarding my outstanding agreement/account" and that I was to contact them urgently. My boss tried to explain today that it was my first day back, he asked how they had got his number and the man told him " i asked to be put through to her manager, because I wouldn't answer my extension" I had given them my work extension originally but hadn't given them any permission what so ever to contact me on any other number but mine. They also told the same thing to my father and the family friend. Which after i'd come to for a few hours, my father was absolutely livid at me, which was totally humiliating.

 

I was left shaking at work today after they had spoken with my boss, i managed to make up some excuse to him about who it was, he seems to have bought it. But I just know they'll call again tomorrow and I don't have my bank card yet to pay them.

 

If i was to call them and advise that their call was being recorded and explained the situation then, rather than take the apparent abuse, do you think this would help?

 

Thanks again

Share this post


Link to post
Share on other sites

As I see it (others may disagree) they are in breach of the data protection act as they have stated who they are and the fact they said 'outstanding account' which really means 'debt'.

Ask if anyone will be willing to write a statement regarding calls they have taken and the same for your family.

 

It is very important that you complain to the top and state that all you wanted to do was refund the money within the cooling off period which you are entitled to do only to be met with rude and obstinate 'staff'.

 

DO NOT ring them again. Deal in writing only and either try by email (not recommended) or by recorded delivery (highly recommended). Keep copies of any letter sent and received and if you'must' ring them, record the conversation. You do not need to tell them this of course :)


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Share this post


Link to post
Share on other sites

Perfect!!

 

I really didn't want to call them, I have copies of the emails I sent that were auto returned. So I think i'll include these as well. Thanks for your help, think i'll sleep better tonight now.

 

Is there a demonstration letter anywhere?

 

x

Share this post


Link to post
Share on other sites
Is there a demonstration letter anywhere?

 

Nope!

 

If we did a complaint letter for every situation, this site would be full of letters. Complaints are personal to you and your complaint will be very different to someone else's.

 

What I would do is to keep it as brief as possible making sure you 'bullet point' each part of the complaint. Also put at the end of the letter what you would reasonably expect to resolve the complaint.

 

Before you can take it higher, you have to exhaust the complaints procedure first.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...