1st stop payday loan problems

[fedupandreadytofightback]

Hi

 

Ive been in discussion with a payday loan lender about the charges they are adding to my account.

 

Originally the balance to payback was £405.

It is now over £700.

This is just interest and charges added on.

 

I had an email glitch months ago, meaning I have no copy of my contract, nor their terms and conditions.

I have asked many times for them to forward me a copy, but they refuse to do this point blank.

 

I have now sent a complaint to them, asking for this info, so

im hoping their complaints process will mean i get the contract and statement of account type thing showing when they have added interest or charges.

 

The reason for this post is really to see if there is anything else I can do to argue about the extortionate charges they keep adding.

 

thanks

[renegadeimp]

The charges are unlawful and unenforceable as they are all penalty charges. Regarding the interest, it all depends on what the contract says. If they refuse to give you the contract, you can use that against them, but you may well have to issue a SAR and specifically state you want a full copy of the original contract. They cannot refuse it this way.

[fkofilee]

Imp is right , SAR them and then they have to reply.

 

However also send a £1 CCA Request... See if they have a contract for you.

[fedupandreadytofightback]

I asked which address I needed to send a SAR to, they replied providing me with my contract. I then asked if i could have a breakdown of all charges added, they have now done this too.

 

How do I challenge them about adding £308 extra charges, aside from the 300 loan and 105 initial interest payment.

[renegadeimp]

Ignore them for now, Pay what you actually owe, then deal with charges.

[fedupandreadytofightback]

they have finally sent me all the documents I requested. After being told several times they wouldnt, as soon as I asked where to send my SAR, they sent me what I needed.

 

Interestingly, on the export showing my charges, they sent me an excel worksheet with 3 more sheets on. Payday Loans, Installment Loans and Collections Calculations. The graphs etc show they have a distinct plan to move entirely from payday loans to installment loans. Im guessing that is to avoid laws either in place, or about to be in place that are specific to Payday loans, not installment loans.

[fkofilee]

When they sent you everything, did it include your agreement?

[fedupandreadytofightback]

they sent me the agreement via post, but the statement of my account showing charges etc via email. The email spreadhseet included this other info and graphs about payday loans etc.

 

I didnt take a close look at the agreement, except to see it wasnt signed by me, not sure if it mentions electronic signatures at all...

[renegadeimp]

A simple tick box counts as a signature now.

[fedupandreadytofightback]

Ok. So yesterday I received a notice from northompton county court. 1st stop have filed a claim there. i am registered with stepchange, who have been paying 1st stop. 1st stop keep sending me emails with phrases such as "you have not made any offer to pay by installments, or lodge a defence, we will notify the court within 7 days"

 

Now, this is despite me sending them dozens of emails explaining the situation, making a payment on my own before stepchange contacted them, and for a £300 debt, ive paid about £50, but in the court document it is still £751 + £^0 for court costs now.

 

I have a limited time to respond, can anyone offer me some advice please? It comes across as barking mad to continually say I havent contacted them, or made an effort to payback, when they are receiving payments...

[renegadeimp]

First, make sure you acknowledge the claim using the details on the claim form. Could you post the POC's please.

[fedupandreadytofightback]

hi, do you mean particulars of the claim? if so, all that is written in that box is "1st stop payday loans ltd agreed to lend the defendant #300.00 on 27th august 2013. the defendant agreed to pay the short term loan back after 30 days. the defendant has failed to meet the repayment of the loan despite many attempts to resolve this." thats it.

[renegadeimp]

For a professional lender, those Poc's are pathetic. I think since you are in a nationally and legally recognised DMP, and payments are being made without fail, a CCJ is unlikely. Get that AOS in to MCOL, and ill get someone to advise on your defence.

[AndyOrch]

" For a professional lender, those POC are pathetic."

 

Are there such institutions in PDL,s?

[fkofilee]

Ha ha ha professional and payday don't go in the same sentence :-P

 

I'd like to see the outcome of this case... I personally don't think so CCJ will be issued but let's see

[AndyOrch]

Quite fko...thread moved to the appropriate forum.

 

Andy

[renegadeimp]

Its looking more and more likely that this pdl is a one man band. He doesn't even employ a solicitor. Even carter uses a better poc than that and his are vague at the best of times.

[fkofilee]

Seems that way ... The website is a little bit of a joke to be honest... Recently I did a test of the website and found a load of flaws

[RK08]

Is there any update with this case, my wife had a loan with 1st Stop, we went into financial difficulty and consulted a debt management company who have been paying this PDL for over 12 months. They have been sending her emails threatening Court action for the last 3 months despite payments still going from our DMC to them. This appears to be a similar case and look forward to the outcome

[renegadeimp]

If they tried any type of court action when they are being paid by a DMP, then they would be very very foolish.