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    • 3rd Try   STATEMENT OF  I Mr will say as follows:    INTRODUCTION  1: I am the defendant and state that the facts contained in this statement are true to the best of my knowledge.   2: There are several documents attached with this statement. (paginated)   3: The agreement was later assigned to the claimant on 29/09/2017 a notice of assignment, incorrectly dated (See Exhibit 1) was sent to the defendant. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. The claimant then issues on mass claims to circumvent and claim the full amount of debt to maximise profit.   4: As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   BACKGROUND   5: The Claim relates to an Alleged Credit card agreement between the defendant and Vanquis bank.   6: Whilst it is accepted that the defendant has in the past had contractual dealings with Vanquis, the defendant is unaware of what alleged debt the claimant refers.   7: The defendant has requested on numerous times a copy of the CCA, the first time, claimant has replied back on 23/11/2020 (Exhibit 1) with a copy of the agreement and notice of assignment, the agreement being a printed out application form, followed by my another letter containing statements(not enclosed). Defendant then again requested on the 07/12/2020 (see letter attached Exhibit 2) a copy of the CCA, claimant has replied back on the 28th Jan 2021 claiming that the evidence enclosed rebuts defendants defence and encloses a statement and default notice. (Exhibit 3) 8: The defendant stated in his defence that no evidence of the CCA has been provided. 9. The alleged account is £less that £200 over the credit limit but the default notice states that the arrears on the account is £200. Under section  87/88 of the CCA the default notice should not include unlawful fees in it sum requested. 10. The defendant sent a Subject Access Request letter dated 30/11/2021, on writing this witness statement nothing has been received.   DEFENCE:   11: The claimant has not provided a true copy of the CCA despite numerous requests being made firstly in September and secondly on the 07/12/2020 in response to claim despite stating in the letter dated 23rd October 2020 `please find enclosed a copy of the agreement. Should the claimant magically supply some form of CCA at trial, defendant would highlight why this wasn't provided, when requested, on numerous times before trial. Defendant would then highly stress to the court that this is indeed not the true copy of the executed Credit agreement.   12: There is no valid copy of an executed consumer credit agreement that complies with the CCA1974   13: The `so called ` copy of agreement stated in claimants letter dated 23/11/2020 is in fact stated as an online application and is no more than a log from either the OC`s operating system or one that has been constructed since with details from the account to look like an application. 14. The notice of assignment dated 11th May 2017 (Exhibit 1) states that the debt was sold to Lowell Portfolio I Ltd on the 29th September 2017. This is confirmed in 2 separate letters. One from Vanquis and the other from Lowell Portfolio I Ltd. Section 82A of the CCA 1974 states that the assignee must arrange for notice of the assignment to given to debtor. The above letters show that the notice of assignment has incorrect dates, thus rendering the notice of assignment invalid and thus the claimant has not acquired the debt correctly and thus cannot claim.   IN CONCLUSION:   15: Without a valid true copy of the executed Credit agreement that complies with the CCA1974 the claimant has no grounds on which to enforce this alleged debt and has in fact attempted to mislead the courts in to believing that they have the necessary paperwork.   16: The incorrect dated Notice of Assignments letters questions the ability of the claimant to maintain correct paperwork and thus the defendant is unsure what paperwork supplied is correct.   17: It is therefore requested that the Claimants Claim is struck out pursuant to the above.   Signed  Dated this day…….      Could you check out this part   "14. The notice of assignment dated 11th May 2017 (Exhibit 1) states that the debt was sold to Lowell Portfolio I Ltd on the 29th September 2017. This is confirmed in 2 separate letters. One from Vanquis and the other from Lowell Portfolio I Ltd. Section 82A of the CCA 1974 states that the assignee must arrange for notice of the assignment to given to debtor. The above letters show that the notice of assignment has incorrect dates, thus rendering the notice of assignment invalid and thus the claimant has not acquired the debt correctly and thus cannot claim."
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Payday Express Problem


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Hi all,

 

I sent out a complaint letter to Payday Express Limited on the 30/10/2014.

 

 

The letter about

them unfairly adding on interest and charges.

Them failing to provide me with the proper statutory pre-contractual information before I entered into the loan

– including a clear explanation of the consequences of missing a payment, default and rollover charge.

 

The company not complying with the relevant consumer credit laws and so on. It was a letter a payday loan help guide told me to send to my payday lenders.

 

I will upload a copy of my letter in this post.

 

Now they sent me a letter on the 07/11/2014 saying we are sorry you have had to contact us.

We will ensure your complaint is fully investigated.

And then it asked to provide full details of your concerns by the 14/11/2014

or we'll assume we have all the information for the complaint.

 

Have I given all i needed for the complaint?

also any advice on how to proceed from here will be much obliged.

Edited by Ftgab19

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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pers details and numbers on attachments

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I think they are being deliberately obtuse.. they have more than sufficient information within your first letter to enable them to understand what the problem is ! IMHO, they are trying to extend the time frame they have to investigate your complaint.

 

You do not need to respond to their letter - give them 8 weeks from the date they received yours which (in the absence of a signed receipt if you sent by tracked method) would be 2 days after you posted if by first class and 4 days after if you posted by 2nd class mail.

 

Please do keep us informed of the progress of this complaint :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi citizanB thank you for your reply,

 

That's what I thought, I made sure I got my point across in my first letter to avoid the unnecessary back-and-forth ow well.

 

I sent the letter 1st class recorded delivery, but when I check the status it still says "We have your item" I sent the letter on the 30/10/2014 so if my math is correct they need to respond by 27/12/2014.

 

I will keep you updated on there correspondence.

 

Many Thanks

Andrew

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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hI dx100uk,

 

I've updated the attachments, what steps do you think I should take from this response?

 

Many Thanks

Andrew

 

 

2nd attachment still has ref number

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

You will probably need to give them a couple of extra days because of the Bank Holiday - however, I would expect them to invest in some due diligence and respond Before the BH rather than leave it until the new year !

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Are right, I didn't factor that into my math. What should the cut-off date be then? and what steps should I take If they send the letter late or not at all.

 

Also I sent the same type of letter to my other payday loan Quick Quid on the same date, but I've not had anything back yet. Should I just wait for a reply?

 

Many Thanks

Andrew

 

You will probably need to give them a couple of extra days because of the Bank Holiday - however, I would expect them to invest in some due diligence and respond Before the BH rather than leave it until the new year !
Edited by Ftgab19

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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Are right, I didn't factor that into my math. What should the cut-off date be then? and what steps should I take If they send the letter late or not at all.

 

Also I sent the same type of letter to my other payday loan Quick Quid on the same date, but I've not had anything back yet. Should I just wait for a reply?

 

Many Thanks

Andrew

 

 

IMHO, they should be addressing this swiftly and not sticking to "Industry Standard" time to reply. However, if you have not received a satisfactory response by say the 1st week of 2015, then I would be escalating my complaint to the Ombudsman.

 

As for QQ - did you send that via Tracked mail as well ? If so, then add two days on to the date of your letter, then count 8 weeks forward from then. Same as above.. if you haven't received a response by at the latest the 1st week of the New year, then escalate.

 

It is good if they provide you with a deadlock letter/or one that doesn't satisfy your requirements.. but it isn't necessary - lack of response after 8 weeks and you can go to the Ombudsman.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks for clearing the dates up for me citizenB,

 

I'll keep this post updated with there response, if they don't I'll probably be asking for help with the Ombudsman ha,

 

Once again thank you for your help, you've been very helpful.

 

Andrew

 

IMHO, they should be addressing this swiftly and not sticking to "Industry Standard" time to reply. However, if you have not received a satisfactory response by say the 1st week of 2015, then I would be escalating my complaint to the Ombudsman.

 

As for QQ - did you send that via Tracked mail as well ? If so, then add two days on to the date of your letter, then count 8 weeks forward from then. Same as above.. if you haven't received a response by at the latest the 1st week of the New year, then escalate.

 

It is good if they provide you with a deadlock letter/or one that doesn't satisfy your requirements.. but it isn't necessary - lack of response after 8 weeks and you can go to the Ombudsman.

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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:thumb:

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi citizenb,

 

Just something i want to run by you, I've just been looking at my credit report and when looking at what payday express have put. I've found they've put a few arrangement to pay and a lot of late payments.

 

Now the arrangement to pay are on March, April and May.

 

June, 2 late payments

July, 2 late payments

August, 2 late payments

September, 2 late payments

October, 2 late payments

 

Now i joined a DMC mid May and ended it in Nov, so I'm wondering can I get theses removed. Because they are wrong on the basis that my DMC was paying token payments, well they said they was anyway.

 

I've already sent my DMC a SAR to see how they've been handling my other creditors.

 

Any advice on how to proceed would be much obliged.

 

Thanks

Andrew

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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Sorry for jumping into your thread but this relates also to Express Finance. I checked my noodle credit file today (having requested a number of months to have my new address linked to it which they have now done). It appears that I had taken a PDL out from them in Dec 2011 for £400 (this is also relected on my bank statement). I did recieive an email to confirm transfer but this was a few days after my request and I had been accepted by this point by another lender. The monies were transfered with advice that £500 would be due on my next payday. I appear to have totally overlooked this loan but am very surprised I have done so. The details of the default are strange stating £470 each month. This would suggest I had paid something toward the debt but I cant find it on my statement. Is it possible they have asked for another company name to be paid (a subsidery)? Also I have had dealings with DCAs in the past but cant find 'westbridge' when looking at my statements. Do they use any others? Obviously I want to clean up my credit file pronto and have not taken any PDL out for 3 months and plan to close all outstanding debt in next 6 months. I want to contact them for clarity but am unsure what to say. Im worried that I have paid them as I cant see I would have overlooked this amount of money and its strange that I have not recieved any letters or followup emails from them since the confirmation of transfer email. Any help would be appriciated. Thanks (in advance).

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Sorry for jumping into your thread but this relates also to Express Finance. I checked my noodle credit file today (having requested a number of months to have my new address linked to it which they have now done). It appears that I had taken a PDL out from them in Dec 2011 for £400 (this is also relected on my bank statement). I did recieive an email to confirm transfer but this was a few days after my request and I had been accepted by this point by another lender. The monies were transfered with advice that £500 would be due on my next payday. I appear to have totally overlooked this loan but am very surprised I have done so. The details of the default are strange stating £470 each month. This would suggest I had paid something toward the debt but I cant find it on my statement. Is it possible they have asked for another company name to be paid (a subsidery)? Also I have had dealings with DCAs in the past but cant find 'westbridge' when looking at my statements. Do they use any others? Obviously I want to clean up my credit file pronto and have not taken any PDL out for 3 months and plan to close all outstanding debt in next 6 months. I want to contact them for clarity but am unsure what to say. Im worried that I have paid them as I cant see I would have overlooked this amount of money and its strange that I have not recieved any letters or followup emails from them since the confirmation of transfer email. Any help would be appriciated. Thanks (in advance).

 

 

its best to start a new thread

 

 

of your own

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

Hi all again,

 

Got a letter on the 03/12/2014 from Payday Express saying,

 

In our previous letter we promised to keep you updated on the progress of our investigation. We are writing to advise you that we need more time to complete our investigation. It goes on a bit, I'll upload a copy but it also says we will contact by the 29/12/2014

 

My question is can they do this or are they just messing about?

 

I sent my letter of complaint on the 30/10/2014 and said in the letter to "write-off the interest and charges you have applied to my loan. If you are not prepared to do so please explain why, within the statutory 8-week period, so I can take my complaint to the Financial Ombudsman Service."

 

They replied to that letter on the 07/11/2014 saying we are sorry you had to contact us blar blar blar and that we are looking into the issues you have raised and will updated you on the 01/12/2014 witch they did in the above letter asking for more time.

 

What should I do?

 

Thanks

Andrew

 

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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Most lenders will send a generic holding letter after 4 weeks so don't be concerned about receiving this.

However, your right to approach the Financial Ombudsman starts 8 weeks after complaining and this will be unaffected by any alternate dates that they might suggest.

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Hi Andybars, thanks for your reply,

 

 

I will wait until the 8 weeks are up then. I sent my complaint on the 30/10/2014 so they have until the 30/12/2014.

 

 

I'm guessing I'll need to inform them that I will be going to the Financial Ombudsman before doing so?

 

 

Thanks

Andrew

 

 

Most lenders will send a generic holding letter after 4 weeks so don't be concerned about receiving this.

However, your right to approach the Financial Ombudsman starts 8 weeks after complaining and this will be unaffected by any alternate dates that they might suggest.

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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  • 2 weeks later...

Hi all again,

 

I had a letter from Payday Express today, dated 17/12/2014, god they have some great post on there end don't they.

 

 

It was titled "Final Response" I will upload the letter for everyone to read because it's 4 pages long. But it's says you electronically signed your loan agreement where you accepted the terms and conditions and consented to our privacy policy. Now from my memory of it, the loan was done over a website and they also said a lot on the phone. I can't remember signing anything.

 

 

The letter goes on to say that you also provided monthly income and expenditure information. I do not remember doing this and the information they say I provided couldn't be more wrong. It says I had a net pay of £1,800.00 at the time of taking out the loan, this is not true because I was only on about £200 a week cash in hand at the time.

 

 

They also say they did an external credit check, I can't see that they did, because my credit file was really bad at the time with loads of miss-payments for Littlewoods.

 

In the last page there is a gesture of goodwill, they say "with no admission of liability Payday Express is willing to waive any charges and interest applied in full final settlement of your complaint. This would reduce your outstanding balance from £659.16 to £496.00. To accept this offer please contact us within 14 days so that we can update your account.

 

They also sent me:

 

Credit Agreement regulated by the Consumer Credit Act 1974

Terms and Conditions of the agreement

Pre-contract credit information

 

I can't remember them sending any of this when taking out the loan, what should I do from here? because I believe a lot of what they have said it bulls**t.

 

Any advice on how to proceed from here will be much obliged.

 

Thanks

Andrew

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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Sorry you were missed. After reading, I can see both sides of the coin perse.

Dont tell payday express you are going to the ombudsman.

 

Just contact them with the final response. Number is on FOS website.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Ok thanks,

 

I contacted them early today, they said they will be sending out a complaint form and letters so I can sent my paperwork back.

 

Will keep this post updated with any news.

 

Andrew

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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  • 1 month later...

Hi all again,

 

Got a letter of the FOS today about my case. They have managed to side with payday express and said I need to pay what payday express offered me in there last letter. Which was £496.00.

 

Now I'm on benefits, so how would I sent up a repayment plan?

 

 

Thanks

Andrew

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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I also got a email from Payday Express at 9:30pm.

 

Email:

We are writing to inform you that Express Finance (Bromley) Ltd. (trading as "Payday Express") has transferred all of its business to another company within our group, Instant Cash Loans Limited, with effect from 28th February 2015. Instant Cash Loans Limited is a company registered in England with Registration Number 02685515; with its registered office is at 6 Bevis Marks, London EC3A 7BA and it is authorised and regulated by the Financial Conduct Authority.

 

As part of this business transfer, your Loan has also been transferred with effect from that date. The transfer of your loan is known in legal terms as an assignment. The terms of your Loan have not changed and, for the avoidance of doubt, you will not be charged any fee as a result of this transfer.

 

For further information, please feel free to contact us by telephone on 0800652466 or email us at [email protected]

 

Many thanks for using Payday Express

 

Yours sincerely,

 

Not sure what to make of this.

 

Andrew

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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