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    • 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
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liam1503

Northern Debt Recovery - Help with fees added on and general correspondence

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Hi,

 

I am a new user to this website and have found some of the posts extremely helpful.

 

Unfortunately I found myself sucked into the pay day loan trap and ended up borrowing more and more in order to pay off other debts. I am in the process of setting up repayment plans with my creditors and most of the lenders have been happy to accept my plans.

 

I have received numerous email and phone calls from Northern Debt Recovery regarding on of my pay days loans stating that they have taken over the debt. I have agreed a payment plan of £75 per month in order to pay off this debt but noticed that they have added considerable fees and charges on top of the original loan amount.

 

My question is, is there a limit to the amount of fees and charges they are allowed to add onto my loan amount, and is there any way I can reduce the amount payable?

 

Thanks

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Hi and welcome to CAG.

 

I have moved your thread to the payday loans forum.

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Advice is to repay amount borrowed + 1 months interest.

 

All charges are unlawful

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NDR's usual tactic is to lie or misrepresent the debts status. Usually they say they have bought or "taken over" the debt when in reality, the debt still resides with the original creditor. What you need to do is contact the original creditor and ask for the current status of the debt and its current owner. Until then do not make any payments to NDR. They seem to get people to pay them when they are only acting on behalf of the original creditor, and they keep the additional charges.

 

Regarding those charges, almost every single one of them are unlawful or unenforceable. Use the search box at the top of the forum and type in their names. Theres some good reading .


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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Thank you for your responses.

 

The payment plan I arranged with NDR was in respect of a £400 loan I took out with speed credit.

 

NDR have stated that my current balance is £975 (I have already made one payment of £75).

 

Would I be right in thinking that I only have to pay off the original loan amount (£400) and 1 months interest (£192 according to the speed credit website)?

 

If so does anybody know of a template letter that I can use in order to inform NDR of these facts?

 

Thanks.

Liam

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Before you pay ANYTHING else, get a full breakdown of the debt. Dont start paying their unlawful fee's as you are justifying them as right and correct.

 

Get that FULL and COMPLETE breakdown of the alleged debt, post it up here minus personal info, and we can advise further.

 

Regarding template letters, its better to adapt letters to suit your own situation, as many lenders and DCA's now seem to be ignoring standard templates.


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 have just request a full and complete breakdown of the debt.

 

I will post here when I receive it.

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Below is the original email that was sent to me by NDR

 

 

 

You have not responded to our request to come to a pragmatic arrangement with you to pay off your outstanding debt with our client Speed Credit in respect of your Speed Credit Pay Day Loan*. By ignoring our attempts to contact you and not coming to a reasonable arrangement to settle this debt YOU WILL:

 

1. Incur further charges

2. Suffer further adverse Credit

3. Hinder your defence should this escalate to County Court.

4. Leave us no option but to send out Door Recovery Agents to your property to discuss your debt with you.

 

Once Door Recovery Agents visit it will be very difficult to discount the amount you owe. It is better to make contact with us and set up a reasonable arrangement NOW rather than allow this to escalate.

 

You currently owe: Loan and Interest GBP 784

Cash Transmission Fee GBP 5

Missed Payment Fee 1 (day 29) GBP 10

NDR Accept Case File GBP 200

Missed Payment Fee 2 (day 43) GBP 10

Solicitors - Case Preparation GBP 150

 

Repayments todate GBP 0

Total GBP 1159

 

This can be reduced but you MUST contact us within 3 days on 0843 381 0843 .

 

Your file has been sent for review to our Door Recovery Agents who are scheduling a door visit and your file is currently being review by Solicitors. Please contact us now on 0843 381 0843 .

 

 

We look forward to hearing from you.

 

Yours sincerely,

 

 

DEBT MANAGER - Greg Campbell

NORTHERN DEBT RECOVERY

0843 381 0843

 

NOTICE: The contents of this e-mail are intended for the named addressee only.

 

It contains information which may be confidential and which may also be privileged. Unless you are the named addressee (or authorised to receive for the addressee) you may not copy or use it, or disclose it to anyone else. If you received it in error please notify sender immediately and then destroy it.

 

Northern Debt Recovery Limited (NDR) is a company registered in England and Wales whose registered address is Northern Debt Recovery Limited, 15 Lyndhurst Terrace, London, NW3 5QA, United Kingdom. Company registration number 6956396. Northern Debt Recovery Limited (NDR) is licensed by the Office of Fair Trading under Consumer Credit Licence number 631166

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And this is the repayment plan that I currently have in place

 

Ref ID: 16845397 / PPA / Setup

 

Dear Liam

 

I am writing to confirm your conversation with our agents / debt collection agencies regarding your Speed Credit Pay Day Loan* and your agreement to pay:

 

25.01.13 - £75.00

25.02.13 - £75.00

25.03.13 - £75.00

25.04.13 - £75.00

25.05.13 - £75.00

25.06.13 - £75.00

25.07.13 - £75.00

25.08.13 - £75.00

25.09.13 - £75.00

25.10.13 - £75.00

25.11.13 - £75.00

25.12.13 - £75.00

25.01.14 - £75.00

Total payment of £975.00 to be paid by 25.01.14 to close this loan

 

 

This agreement has been noted on your permanent file.

 

PLEASE NOTE:

 

If YOU fail to HONOUR this agreement, and pay as agreed, our systems will AUTOMATICALLY take the following actions:

 

1. FULL fees and charges will be added to your account.

 

2. Full interest will be add ed retrospectively.

 

3. An application will be made to the courts for a County Court Judgement to be registered against your name, an application will then be made for a Warrant of Execution to either seize goods and/or obtain an attachment of earnings / benefits. Bailiffs may be instructed.

 

This should be taken seriously. It is ESSENTIAL you honour the agreement you made

 

Yours sincerely,

 

 

DEBT MANAGER - Greg Campbell (208)

NORTHERN DEBT RECOVERY

0843 381 0843

 

NOTICE: The contents of this e-mail are intended for the named addressee only.

 

It contains information which may be confidential and which may also be privileged. Unless you are the named addressee (or authorised to receive for the addressee) you may not copy or use it, or disclose it to anyone else. If you received it in error please notify sender immediately and then destroy it.

 

Northern Debt Recovery Limited (NDR) is a company register ed in England and Wales whose registered address is Northern Debt Recovery Limited, 15 Lyndhurst Terrace, London, NW3 5QA, United Kingdom. Company registration number 6956396. Northern Debt Recovery Limited (NDR) is licensed by the Office of Fair Trading under Consumer Credit Licence number 631166

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Ignore those emails/letters. Have a read of this forum. They are actually standard form letters they send out that violate OFT guidance in various ways.


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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Have you checked your credit reference files?

If not do so it should indicate the actual owner of the debt.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Have you checked your credit reference files?

If not do so it should indicate the actual owner of the debt.

 

Thanks for the advice, how would I go about checking that?

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Noddle.co.uk, creditexpert.co.uk, equifax.

 

Noddle is free but is slow to update. The other 2 have trials, but make sure you cancel before the trial period is up.


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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Re loan ref: 447557793902 / 17270244 / 25

 

You have still not contacted us regarding your outstanding debt with our client Easy Finance Club in respect of your Easy Finance Club***.

 

Please note that:

- all evidence and correspondence will shortly be sent to Solicitors and a case file prepared to be presented to the County Court for Judgement

- expect Recovery Agents to visit all addresses we have on file for you.

- your file is also with Bailiffs who will be pursuing this in conjunction with Solicitors.

 

We recommend you call immediately as we may be able to freeze any imminent activity on your file and come to a suitable arrangement with you.

 

You currently owe:

 

Loan and Interest GBP660

Cash Transmission Fee GBP 5

NDR Accept Case File GBP 200

Missed Payment Fee 2 (day 43) GBP 10Solicitors - Case Preparation GBP 150

 

Repayments todate GBP45

Total GBP 980

 

You will be liable for the full amount and further Court fees if you do not contact us immediately on 0843 381 0843 .

 

Yours sincerely,

 

 

DEBT MANAGER - Greg Campbell

NORTHERN DEBT RECOVERY

0843 381 0843

 

 

I have just received the above email even though I requested a full breakdown of charges and fees yesterday.

 

Is there any way I can stop recovery agents visiting the addresses?

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Yes e-mail followed up by RD letter.

 

To Greg Camp - bel.

 

Sir,

Re: account No. xxxxxxxxxx

Please take note I will deal with this matter in writting only, under no circumstance will any '' field agent'' representative or employee of any company visit my property, should you however persist in this manner the person will be ''invited'' to leave the premises immediately, failure to leave WILL result in their removal using any suitable and necessary measure.

 

For clarifcation: NO VISITS, NO PHONE CALL, contact in writting only.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Yes e-mail followed up by RD letter.

 

To Greg Camp - bel.

 

Sir,

Re: account No. xxxxxxxxxx

Please take note I will deal with this matter in writting only, under no circumstance will any '' field agent'' representative or employee of any company visit my property, should you however persist in this manner the person will be ''invited'' to leave the premises immediately, failure to leave WILL result in their removal using any suitable and necessary measure.

 

For clarifcation: NO VISITS, NO PHONE CALL, contact in writting only.

 

Thanks for your help, I have sent the above and requested a full breakdown of the fees and charges added.

 

Does anyone have any advise regarding the total amount to be repaid? I am happy to repay anything I owe (original loan amount and reasonable interest charges) however I am unwilling to pay their inflated fees and charges.

 

Is there a piece of legislation/Law that states a maximum interest amount/reasonable charges?

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There is talk about paying the amount borrowed + 1 month interest, not sure if this is achievable, others may have suggestions liam.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi brig. A while ago, the FOS responded to a poster here after NDR failed to address the complaint in the correct timeframe. Their response was to pay back the Original loan, plus original contracted interest and a default fee, minus anything else. It is then up to them to justify to a court officer the remaining charges. The FOS cant deal with the extra charges due to some legal case that happened a while ago. The FOS's stance is that extra charges arent their "jurisdiction".


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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Thank you for your message.

 

Here is a breakdown of charges to your account:

 

24.11.12 Issue Loan Issued £300

 

25.11.12 Charge Interest-1 £45

 

25.11.12 Charge Cash Transmission Fee £5

 

02.12.12 Charge Interest-2 £45

 

16.12.12 Charge Interest-4 £45

 

23.12.12 Charge Interest-5 £45

 

30.12.12 Charge Interest-6 £45

 

06.01.13 Charge Interest-7 £45

 

06.01.13 Charge Missed Payment Fee 2 £10

 

06.01.13 Charge NDR Recovery Fee £350

 

13.01.13 Charge Interest-8 £45

 

Yours sincerely,

 

COLLECTIONS (224)

 

NORTHERN DEBT RECOVERY

 

0843 381 0843

 

 

I have just received the above email.

 

I am happy to arrange a repayment plan for the original loan amount and 1 months interest + miss payment fee (£300 + £190 = £490).

 

Does anybody have any advise as to how I would go about disputing the extra charges, such as the £350 NDR recovery fee?

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02.12.12 Charge Interest-2 £45

 

16.12.12 Charge Interest-4 £45

 

23.12.12 Charge Interest-5 £45

 

30.12.12 Charge Interest-6 £45

 

06.01.13 Charge Interest-7 £45

 

13.01.13 Charge Interest-8 £45

 

All reclaimable.

 

06.01.13 Charge NDR Recovery Fee £350

 

Very unlawful and 100% reclaimable.

 

Now some might disagree with me, but those added interest charges are unlawful because you have informed them that you cant meet repayments and want a plan, but they go by their motto " we charge interest for every day you have use of the loan". They are also akin to a "rollover charge", which you didnt need, nor want.

 

We have helped many people here contest those unfair charges and indeed, the ones who took our advice successfully got them removed. Either by showing the creditor that you know your rights, or when they tried to take people to court, then the debtor brought complete evidence against them.

 

That is why it is imperative you keep everything in writing and regularly send a letter/email explaining your situation and repayment proposal. If they refuse to acknowledge this and still add on charges, then they are in violation of OFT guidance/regulation and their fitness to hold a credit licence can be called into question.

 

 

What i am wondering though, is how come TFF are still giving out loans when they lost their licence.


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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Thank you for your response. I have drafted the below email that I will send to NDR later today along with a recorded delivery letter. Could you please advise any legislation or law that I could use in order to back up my stance?

 

 

re Loan ref: 17270244

 

Thank you for your email below.

 

I have read through your charges and fees and it appears that most charges are unlawful.

 

I am willing to repay my original loan amount (£300), Interest charge 1 (£45), Cash Transmission fee (£5) and interest charge 2 (£45), which leaves a total to be repaid of £395

 

I propose a repayment plan of £30 to be paid on the 25th of every month for 12 months and £35 to be paid on the 25th of the 13th month to bring my account up to date.

 

Could you please provide me with your bank account details so that I am able to set up a standing order.

 

Best Regards,

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No need for that info in that letter, They will simply ignore it and pretty much every other letter you send.

 

What you need to do is issue a formal complaint and copy in the OFT and FOS. Once the 8 week time limit, or NDR give you a final response is up, then you can escalate it to the regulators.

 

You can of course send that mail so you can show that youve tried to come to an agreement should further evidence be needed, but just be aware that NDR have the attitude of "we are right, you are wrong" and nobody can tell them differently.


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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Have just received the below email from NDR which is rather confusing as the loan as already been passed to third party recover agents (NDR)?

 

Any advice as to how to reply?

 

 

 

 

Thank you for emailing us.

 

 

 

Payment Plans

 

It is always advisable to stay in contact with your creditors to avoid additional penalty charges.

 

Loans are meant to be repaid in full at the end of the initial loan term. This is made very clear in the terms and conditions you agreed to when you took out the loan.

 

We cannot accept a payment plan.

 

Please confirm when you will be making FULL PAYMENT to close your file.

 

Please note payment of GBP 980 needs to be made by 19.01.13 to stop this file being passed to third party Recovery Agents and further fees being added.

 

however......

you can rollover / extend your loan by just paying the interest on day 28 of your loan. You will receive an email explaining this when you are eligible

 

 

Yours sincerely,

 

 

COLLECTIO NS

NORTHERN DEBT RECOVERY

0843 381 0843

 

NOTICE: The contents of this e-mail are intended for the named addressee only.

 

It contains information which may be confidential and which may also be privileged. Unless you are the named addressee (or authorised to receive for the addressee) you may not copy or use it, or disclose it to anyone else. If you received it in error please notify sender immediately and then destroy it.

 

Northern Debt Recovery Limited (NDR) is a company registered in England and Wales whose registered address is Northern Debt Recovery Limited, 15 Lyndhurst Terrace, London, NW3 5QA, United Kingdom. Company registration number 6956396. Northern Debt Recovery Limited (NDR) is licensed by the Office of Fair Trading under Consumer Credit Licence number 631166.

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They pobably mean a DCA with a facility for doorstep collection which seems to be the way they proceed, so if that happens it's easily dealt with.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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If possible I wish to avoid doorstep collections as my family currently do not know about my financial situation!

 

I already have a current repayment plan set up with them in respect of a different account (a speed credit loan) and am unsure as to why they would not accept a repayment plan for this account (easy finance club loan)

 

I did attempt to set up a repayment plan with easy finance club but they said that they were unable to accept a repayment plan and that I would be able to set one up with NDR.

 

I have sent the below to NDR and am awaiting a response.

 

 

Dear Sir/Madam,

 

Thank you for your response.

 

I was in contact with Easy finance club and attempted to arrange a repayment plan however I was told that I would be able to set up a repayment plan with yourselves as stated in the email below.

 

"CONFIRMATION THAT YOU ARE UNABLE TO PAY US BY THE 12.1.13. THIS WILL PASS ON TO NORTHERN DEBT RECOVERY AND YOU WILL BE ABLE TO SET UP A PAYMENT PLAN WITH THEM.

 

Regards

 

Carrie Wallace

 

Support Team

 

Easy Finance Club

 

t: 0843 381 0333

 

w: http://www.easyfinanceclub.com

 

DISCLAIMER: This e-mail is private and confidential and may contain proprietary or legally privileged information. It is for the intended recipient only. If you have received this email in error, please notify the author by replying to it and then destroy it. If you are not the intended recipient you must not use, disclose, distribute, copy, print or rely on this e-mail or any attachment. Thank you.

 

Easy Finance Club is a trading style of Web Loans Processing Limited which is a company registered in England and Wales whose registered address is Web Loans Processing Limited, 15 Lyndhurst Terrace, London, NW3 5QA, United Kingdom. Company registration number 7275227. Web Loans Processing Limited is licensed by the Office of Fair Trading under Consumer Credit Licence number 637426."

 

I am willing to repay my original loan amount (£300), interesticon charge 1 (£45), Cash Transmission fee (£5) and interest charge 2 (£45), which leaves a total to be repaid of £395

 

I propose a repayment planicon of £30 to be paid on the 25th of every month for 12 months and £35 to be paid on the 25th of the 13th month to bring my account up to date.

 

Could you please provide me with your bank account details so that I am able to set up a standing order.

 

Best Regards,

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