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    • It seems to me that you could probably apply for judgement on 30 October. However it's a good idea to keep on checking regularly to see if it is permitted before then. As soon as it allows you, do it.
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Access Fast Money threatening me in writing to pass my file to Action Fraud - terrified


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HI

 

I took out several loans due to some very unexpected and high vets fees.

 

11 payday loans total 1400 pounds.

 

I had no intention of not payng nor of depriving these companies of funds but unexpected circumstances have made me pass to Step Change.

 

I was already with them and doing very well on it and after lots of advice from this forum felt able to contact them and pass these pay day debts to them.

 

They were very understanding and supportive

 

So far i have heard from 9 of the 11 and all but 1 have been OK and accepting of the circumstances.

 

I have made token payments to 6 so far who have supplied me with their bank details ( £10) each and will do so in July also as Step Change cannot add until August

 

Access Fast Money rang me at work this morning and said they will conatct Step Change.

They then sent me an email saying that i have defrauded them and they are passing my file to Action Fraud

and i will die and live in hell for ever!!!!

 

They say they have recorded phone conversations, but they cant use those as they are for training only,

to say that i had no intention of entering a debt plan and that i wasnt in one.

 

i lied a little but i think that Action Fraud will not be bothered over £150, well, deep down thats what i am hoping.

 

Does anyone have any advice, shall i just pay them even though i cant afford,

or pay them more than £10 and just hope they dont tell on me????|

 

Thanks so much in

 

advance

 

Em

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Keep the emails... This is not acceptable, they need to be reported. Also, The fact they say that they have recorded the phone conversations but cant use them is a lie...it is very likely they dont record anything. I wouldnt worry too much. Ignore their calls for now, or if u do answer, tell them everything is to be done via email or letter and hang up. Where is the fraud in this case? it is ur account, ur address and money was paid into ur registered bank account right?

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Hi Em,

 

They are trying to get their money before anyone else. I don't think there is any point in offering them more because clearly they are trying to bully you into paying the whole lot.

 

Stepchange agreed that you had mitigating circumstances and were very understanding. I'm sure they will be equally understanding if they are contacted by Access.

 

Let me have a dig around about Access. Some of these companies can be very nasty but don't worry, you are not going to "die and live in Hell forever." :-)

 

Another payday loan company recently behaved very badly to a cagger who was on an IVA and they reported him and even that was okay.

 

You have offered what you can afford and let's face it, these organizations are under the microscope right now.

 

It might be worth asking Stepchange what they suggest you should do about this company. You don't have to mention the tape. Just say they won't make an agreement.

 

If they threaten you with legal action that would be really stupid because they know that it would cost them money and no judge would ever make you pay more than you can afford - which is £10. They would have absolutely no justification in doing that and they are fully aware of it. Reporting you to Stepchange to cause trouble is just spite, and Stepchange will not be impressed.

 

DD

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Thanks, i have emailed them and said that they cant use recorded conversations in a court of any kind and that they should deal in email only. I sent a token payment of £5 just to annoy them. I will threaten to report them to the OFT etc if they continue I appreciate your advice and feel much better now and not so sick. Just for the record the guy on the phone was a k**b

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They can report you all they like. Actionfraud will simply laugh at them. They wont report you although you MUST report them asap.

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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Surely it is for the court to decide if any recordings are admissible, if it came to it? (RIPA forbids interception / recording of calls other than by one of the parties to that call, but doesn't forbid recording by one of the parties. OFTEL are more cagey in their reply, but it isn't a criminal act to record a call that you are party to, as an individual).

 

As for the person who took a loan while on an IVA : they may have breached the terms of their IVA, as it is usual for one of the terms of the IV agreement (since it is an 'agreement') that no further credit is sought during the term of the IVA (or it is only sought with the agreement of the IP)

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They did breach the terms of the IVA as they really needed the money. They had only five months to go, and their administrator allowed them to continue with it after the payday loan company reported them because she accepted their circumstances.

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I do think there is an element of spite in the behaviour of these companies. Mostly people are asking for time to pay without outrageous daily amounts of interest being added. I really don't see why they refuse to come to a reasonable arrangement rather than try to get the borrower "into trouble".

 

There again, should I use "reasonable" and "payday loan company" in the same sentence? :-)

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Pdls are loan sharks. Nothing more nothing less. If they cant get you to do what they want, they will do whatever it takes to make your life hell. They dont care at all and they know the oft wont do crap in a lot of cases.

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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Make sure you keep any emails/letters or notes of telephone conversations. If they do start litigation, then you will have some evidence of their outrageous behaviour.

 

Please do not simply threaten to report them to the OFT - DO IT!! You can make a complaint via their website and whilst they will not intervene in individual cases, PDLs are indeed being scrutinised at the moment and the more data the OFT can collate on these companies, the better for everyone.

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We see it on these forums all the time. It's usually mini muppets and paydayskankspress who pull the fraud card.

 

As somebody's rightly said. If you've used your own name, date of birth, address, etc... How can it be fraud? If they done sufficient checks at application stage they'd have seen that you were on a DMP at the time.

 

I'd bounce back "irresponsible lending" to them if they attempt that BS fraud accusation again.

 

I'd definitely do as others here are advising and report them to the OFT as soon as possible.

 

Regards

 

BM

It never rains but it pours...

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If they state outright the word "fraud", you Must report them. Do not let it go.

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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