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The Money Shop - default


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I was wondering if anyone could help!!

 

I took out a payday loan a while back but lost my job. I called the money shop to let them know about this and we set up a repayment plan (with interest no doubt).

 

The money shop made it clear when setting this repayment plan up that if by making the two payments (each at the end of the month) I would not be defaulted. All operators after this confirmed that too.

 

two months down the line I have checked my credit file only to see that they have indeed placed a default on my account.

When I called them up to ask why they claimed it was because I was over 90 days past due?

 

But what I don't understand is that I set up the repayment plan on their advise and they said I wouldn't be defaulted if I did make all the payments (which I did, to the dates asked). Every payment made was over the phone and I asked the operators to reconfirm no default actions would be taken...

 

They told me the agreement they setup was 1 day over the 90 day limit!!!! For one day I could have had a family member lend me the money for 24 hours to pay them!!!

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Did you get that in writing? TMS are known for saying one thing then doing the exact opposite.

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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Hi renegadeimp,

No they did not send me any information in writing regarding the payment plan. They do have computer/ phone call records of the payment plan though. Would I have a case for being miss guided or is there any possible way to have this notice removed on those grounds?

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At the start of all of the calls the operators told me the calls were recorded so I didnt make my own recordings. After providing my personal details the operators normally confirmed the details of the repayment plan. If I took out a SAR request would this include voice conversations? I did ask for this repayment plan to be put into writing but did not receive anything.

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Sorry, I think you've been stitched up like a kipper. TMS (and in particular one of their PDL brands and inhouse DCA Castlebridge) promised me the same. When I challenged it after the event - the call "could not be located, as it could not be located it didn;t happen".

 

Send in a formal complaint demanding they adhere to your previously made agreement. Request confirmation what the agreement is, and include that the default is removed. Let them respond. Send an e-mail off to the OFT immediately. TMS will have 8 weeks before you can approach FOS.

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I have a letter in which they reference a repayment plan and that their agents said I wouldn't be defaulted. They Said it doesn't matter about what was agreed on the phone calls as I'm past the 90 days. I'll give them a call tomorrow asking them for call transcripts or request a SAR.

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They are obliged to provide you with copies - if they keep them!!!

 

All I can say in my experience with this company the call which had my repayment plan agreed mysteriously disappeared when I asked for a copy?. I wouldn't trust them or speak to them unless I could keep my own records!!!

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They are only obliged to supply it to you if you request a SAR. And TMS take a LONG time, sometimes almost a year to supply info, and even then they say they cant find it.

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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its almost like 4000% interest inst enough right? All calls are quiet recent so I'll do my best tomorrow. Given that the plan was technically miss sold and I had other means of getting them the money (and that they reference in a letter that they had told me I wouldn't get a default as a part of upholding the repayment plan) Do i have a good case to escalate this to the regulating authorities?

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Do you have a case? You certainly have a case for investigation if you make a complaint to FOS. Remember FOS will charge TMS £550.00 for investigating, whether the case is upheld or not. In the interim, email/write demanding the default is removed.

 

I'd be minded to send a complaint to the ICO if TMS have lodged a default against you without appropriate regulations being followed. Page 16 onwards gives you some fair guidance how an investigation will follow.

 

http://www.ico.org.uk/~/media/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx

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Thanks for the help guys. I have put together a letter to TMS stating my intentions to escalate this matter:

 

It is with regret and confusion that you feel it correct to apply a default notice on my account.

 

As stated as stated in telephone calls made by myself in regards to the notice of default you sent to my address, I was without employment during the time the loan was to be repaid. I informed the Money shop on multiple occasions that I do not possess the original documentation either for the loan amount or the letter of default so the arrangements to repay my loan was based 100% on the guidance of your operators (which on occasions was passed to their line manager for approval). You will recall after reviewing the call logs that I made the arrangement to repay the loan in two instalments both to be made on the 30th of each month which was the date I was paid. On the setting up of this repayment plan your agents stated that by keeping to this plan no default marks would be placed against my credit file. I also requested the details of this plan be sent to me in writing which again was never auctioned.

 

In regards to my calls to the Debt collection department – On every single call I made, to either pay my instalment or request information from yourselves, I reiterated the importance of not being defaulted to which ever agent confirmed I would not (so long as payments were made on time).

If you would have told me that the agreement was out of line my one day I could have made emergency funds available but again this was not communicated.

 

If this matter cannot be resolved on the basis of the above facts, I am hereby notifying you of my intentions to make an official complaint to the ICO and have the case reviewed by the Financial Ombudsman Service. As part of this process I will be submitting a SAR request requiring you hand over copies of all communications (including the call logs you have referenced).

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If you are contesting their default, you have to address the complaint to their compliance officer.

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'm going to contest it, however I'm not overly hopeful as the only thing I can get them on is the fact they miss advised me on the repayment plan and the dates in which it had to be paid.

 

Thanks again renegadeimp!

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  • 3 months later...

Hi all, sorry I've not updated this in a while but I've had some issues to deal with :(

 

I've not heard anything back from them So I'll be submitting this to the FSA and ICO. out of curiosity, how much would it be likely to cost to take this matter to court? given that they essentially admitted they messed up in a letter but are unwiling to help, I think if they wont help the courts might.

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