Mr Lender

[Markie1973]

Hello to everybody on the forum

 

Well I hope somebody can help and/or advise me, I recently applied for a payday loan with peachy.co.uk for £200 at the start of December and was refused by them and immediately referred to Mr Lender who approved me, within 10 - 15 minutes I was contacted by Mr Lender and answered a few questions and was approved for a loan and that the roll over fee of £70 would be taken from my account on the 31st December.

 

In between taking the loan and the repayment dates my debit card was stolen and I was also placed on part time hours at work so I was unable to pay the £70 roll over fee on the 31st December, I informed Mr Lender who sent me back a snotty e-mail stating that they want £70 by bank transfer and that texts,SMS and telephone calls will continue even though I did the right thing and informed them of my situation.

 

After 9am on the 31st December I had a call left on our land line answerphone which is not private and asked me to contact them, the person who called left a message which confirmed who they was from and asking me to contact them,also on the 31st December I had 7 missed calls (without leaving a message) on our landline all within 4 hours and also many missed calls on my mobile and several SMS messages from Mr Lender.

 

I have also received a e-mail from them stating that 'we will have no choice but to mark your public credit file with a negative marker, you will also incur the late fee we advised you about yesterday' - I was not advised of any 'late fee'.

 

And another one a few days ago 'Remember, whilst you choose to ignore the repayment of this loan, you will continue to incur various fees and Interest at 25% of your balance!!! We do not want to have to charge you anything additional to what you already owe us so please call us so that we can work with you in processing the roll over that you requested

 

If we do not hear back from you today via email or telephone, we will have no option but to pass this account accross to our internal collections desk'.

 

Now I have no idea what the 'various fees' are as I have not been made aware of these and also I am very dubious about the interest at 25% of the balance, IS THIS LEGAL FOR THEM TO ENFORCE THE SO CALLED FEES AND INTEREST?.

 

I have not chosen to ignore the repayment of the loan and have informed Mr Lender of my situation and they don't seemingly want to enter in to a repayment plan without me being £70 out of pocket before they will consider a repayment plan or have conveniently decided to ignore me.

 

Also Mr Lender has not contacted my employer to confirm my employment status at the time I applied for a loan and has not contacted my employer since my payment was due on the 31st December, I have also read on the net that Mr Lender passes on debts to a certain company called MMF who I will deal with if need be.

 

I hope somebody on the forum can help/advise me on what the best way is to deal with Mr Lender.

 

Many Thanks

[renegadeimp]

Going by your post, the charges and interest are unenforceable and unlawful. They have no relevance to costs incurred, especially since they state a random number, 25%.

 

Also, please, stay off the phone to them. They will NEVER put anything in writing in regards to what was said on the phone.

 

The problem with Mr lender, is that they are the same as MMF. They completely ignore the law and various regulations that apply to them and prefer to lie, intimidate and basically walk the line between unlawful and illegal.

[Markie1973]

Going by your post, the charges and interest are unenforceable and unlawful. They have no relevance to costs incurred, especially since they state a random number, 25%.

 

Also, please, stay off the phone to them. They will NEVER put anything in writing in regards to what was said on the phone.

 

I have not contacted them by Telephone after taking advice off the CAG forum, the calls got that bad I had to invest in a call blocker and also purchase a new PAYG sim card - by the way has Mr Lender breached the DPA by leaving a message confirming who they are from on our landline answerphone?

[renegadeimp]

Yep. They should never leave a message like that on a landline answerphone. Their message should be " We are calling xxxx in regards to a personal matter. Please call us on xxxxx at your earliest opportunity."

[Markie1973]

Yep. They should never leave a message like that on a landline answerphone. Their message should be " We are calling xxxx in regards to a personal matter. Please call us on xxxxx at your earliest opportunity."

 

What will be the best action to take with Mr Lender?, I have spoken to my manager and he confirms that he was not contacted and also there is no record of any calls being received from them as they apparently use a 0208 number like they did when they contacted me.

[renegadeimp]

IIRC theyre a US based company so cant really do much, apart from threaten random things and sell it on. Best thing to do is to get a formal complaint in to their compliance officer.

 

There arent any templates, so just keep it short and sweet and write down bullet points, and make sure it is headed FORMAL COMPLAINT.

[Markie1973]

IIRC theyre a US based company so cant really do much, apart from threaten random things and sell it on. Best thing to do is to get a formal complaint in to their compliance officer.

 

There arent any templates, so just keep it short and sweet and write down bullet points, and make sure it is headed FORMAL COMPLAINT.

 

Strange, as the person who called me back to confirm my details prior to the loan being completed was not american and had a english accent...

[Bazooka Boo]

Start the complaints process, not only to them, but with trading standards, the OFT and OFcom (regarding the misuse of the communications network)

 

Keep a diary of events with a view of reporting them to the police for the criminal offence of harassment

Edited January 5, 2014 by honeybee13
Pejorative terms.

[Markie1973]

Start the complaints process, not only to them, but with trading standards, the OFT and OFcom (regarding the misuse of the communications network)

 

Keep a diary of events with a view of reporting them to the police for the criminal offence of harassment

 

I'll set the ball rolling on Monday morning, just a tad worried that the likes of MMF will eventually get involved as ML has passed on overdue loans to them going by what's on the net.

Edited January 5, 2014 by honeybee13

[renegadeimp]

Strange, as the person who called me back to confirm my details prior to the loan being completed was not american and had a english accent...

 

Their phones are computer based in a small office that deals with multiple businesses. When you call, it comes up on their computer what company is being called, and they claim to represent that company. Many PDL's do the same thing to try and avoid being chased by people that are borrowing money, or who have a vendetta against them.

[Markie1973]

Just to up date everybody, I've just had a e-mail from Mr Lender a few moments ago:

 

 

'PDL Finance Limited trading as Mr Lender

 

Address: Suite 105W, Sterling House, Loughton, Essex, IG10 3TS

 

Telephone: 0208-532-5024

 

Date of notice: As per this email.

 

 

 

Credit Agreement reference number:

 

This notice is being given to you as required by the Consumer Credit Act 1974 because we have charged you the following default sums under your agreement with us.

 

Description of charge, Amount

 

Late Fee, £20

Letter Fee, £20

Collection Fee, £20

 

Total: £60

 

Please contact us on 0208-532-5024 in order to discuss the state of your agreement.

 

This Notice does not take account of default sums which we have already told you about in another default sum notice, whether or not those sums remain unpaid.

 

Interest

 

We are not entitled to charge you interest on the default sums for the first 28 days after we have given you this notice. However if the sum is not paid in full by that date interest will be charged at the rate of 30% per month.

 

 

Head of Collections

PDL Finance Limited trading as Mr Lender'

 

 

 

 

Any advice on this would be appreciated as they continue to ignore my e-mails and I'm not sure that these charges are legal.

[Markie1973]

Start the complaints process, not only to them, but with trading standards, the OFT and OFcom (regarding the misuse of the communications network)

 

Keep a diary of events with a view of reporting them to the police for the criminal offence of harassment

 

 

I have now sent complaints to Trading Standards, the Office of Fair Trading and also the Financial Ombudsman Service so it will be interesting to see if anything happens.

[renegadeimp]

All those charges are 100% unenforceable as they are penalty charges.

[Markie1973]

All those charges are 100% unenforceable as they are penalty charges.

 

Looks like they cant decide whether or not to charge me 25% or 30% interest per month, either way they can whistle for it along with their charges.

[Markie1973]

Description of charge, Amount

 

Late Fee, £20

Letter Fee, £20

Collection Fee, £20

 

Total: £60

 

Please contact us on 0208-532-5024 in order to discuss the state of your agreement.

 

This Notice does not take account of default sums which we have already told you about in another default sum notice, whether or not those sums remain unpaid.

 

So far I have not received any default sum notices or the letter that they claim to have sent out to me and also they think that they are going to charge me £20 for, so does anybody think that this agreement is unenforceable so far as I have received no default sums or default notice by e-mail or by post?.

[Bazooka Boo]

does anybody think that this agreement is unenforceable

The fees they have quoted, unless you signed and agreed to them in the T&C's are unen, they are simply willy waving in order to try and get a reaction out of you.

[renegadeimp]

Even if you agreed to them in the t&c's, they could be unenforceable dependant on the amount and the wording. The charges must equal the cost of that they are for. So they couldnt charge a late payment fee, as its obviously a penalty charge. Or a 100 admin fee either.

[Markie1973]

I received a e-mail from Mr Lender earlier today:

 

'Dear

 

We are still yet to receive communication from yourself in regards to when payment will be received to bring your outstanding account out of default.

 

We previously had it noted on your account that you would be making an online payment on Friday 3rd January 2014, however this is still yet to be received.

 

Please confirm when payment will be received, as your account will remain in collections until then.

 

Kind Regards,

 

 

Payments Advisor

MrLender

Direct Tel: 0208 532 5020

Web: http://www.mrlender.com

Post: Mr Lender, PO Box 366, Loughton, IG10 9EW'

 

 

Now am I missing something here?, like (1) I have sent Mr Lender many e-mails but they have obviously been ignored and I still have not received the letter that they THINK they are going to charge me £20 for, and (2) Where the hell did they get the impression that I sent them a e-mail on the 3rd January saying that I was going to pay? as I have not sent them a e-mail confirming this - I have disputed this debt with them and also the charges which are unenforceable and also I have made a formal complaint which like my e-mails has also been conveniently ignored as well, I have also submitted a complaint to the OFT and FOS regarding the treatment I have received and also the charges and the dubious monthly interest rates which they can't make their minds up over.

 

Just been looking through the consumer credit agreement which I received by e-mail and NOWHERE does it state anything about charges and also the monthly interest which you will see in my previous postings is either 25% or 30% of the balance per month and they obviously can't make their minds up.

[renegadeimp]

get a FULL complaint into them and tell them that No payment will be made unless they agree to a standing order and they provide their bank details. As you have seen, they are already lying to you, and when challenged, i bet they'll see it was either admin error or miscommunication.

[Markie1973]

I will be sending a FULL AND EVEN MORE FORMAL complaint to Mr Lender by letter and will send it by Special Delivery tomorrow, I'm looking forward to them sending my DISPUTED DEBT to a DCA then I will have the last laugh.

[renegadeimp]

Also, keep the money for each repayment date to one side. That way, when they back down, you can give them a lump sum. Please dont pay them via bank transfer, debit card or by Direct Debit. They WILL clean out your account if you give them the chance.

[Markie1973]

Also, keep the money for each repayment date to one side. That way, when they back down, you can give them a lump sum. Please dont pay them via bank transfer, debit card or by Direct Debit. They WILL clean out your account if you give them the chance.

 

They did send me their bank details but there is no way I was going to even risk entertaining paying them by that method, they also keep mentioning that I can pay by debit/credit card on-line which is a no no as far as I am concerned, and if they want to come to a repayment agreement (that is IF they decide to read my e-mails and then accept any repayment offer when I decide how much to offer them per month) then it will be by Postal Order and for a amount that I can afford.

[Bazooka Boo]

Set up a standing order, this is perfectly safe, they cannot empty your account using this method as your forcing it from your end, they're not sucking it out from theirs.

[renegadeimp]

Yep. A SO is perfectly fine, its the bank transfer that isnt. Just make sure money is in your account to pay the SO, at least 3 full days before it is sent.

[Markie1973]

I'm having issues with Mr Lender, I received two e-mails from them both with different monthly interest rates and also advising me of £60.00 charges to be added to my account (Late payment fee,Default fee and Letter fee) none of which is in the loan agreement and I still have not received the letter that they claim to have sent and think they will charge me for, the day that my loan was due to be repaid I had 10 missed calls from them and a message left on our answerphone stating who they was from and asking me to contact them - I have sent them several e-mails asking that all communication be in writing only for them to e-mail me back claiming that I agreed repay the loan on the 3rd January which I have no knowledge about and did not agree to.

Edited January 20, 2014 by Markie1973