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    • yep, there are 2 online versions of the process and whichever you use is quicker than post and you dont have to send a copy to the claimant then.
    • follow this you DONT send an SAR but a CPR    pop up on the MCOL website detailed on the claimform. .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked.  click thru to the end  confirm and exit MCOL. ..  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]
    • Ignore them for now, they have  likely been phishing and come up with the wrong Davey.  Keep an eye on your credit files. Others will be along with advice soon no doubt
    • Hello.  I have Shakespeare Martineau chasing me for a debt at the moment.  I have looked them up and can't find out much about them, has anyone here had experience in dealing with them?   The debt is for electricity from a previous property.  I had a DRO, they asked for a meter reading and I gave one.  They wrote down the wrong number, and didn't write off all the debt.  I have been in touch several times, and even asked for a recording of the call to prove they wrote down the wrong number, but they didn't have it recorded and refused to acknowledge the problem.    Now, it's a couple of years later and I have Shakespeare Martineau chasing me for the full amount.  I'm receiving ESA and waiting to hear from my PIP claim.  I have mental health problems and am also in a deficit each month.  My savings are going down to nothing as my rent is too high, but due to the DRO my options for rental are limited as I have bad credit.   Anyhow, I'm worried that Shakespeare Martineau will take me to court and I'll get another CCJ.  In the past, some debt recovery companies have offered payment plans and reduced settlements.  Do Shakespeare Martineau ever offer this?   I have written to them to complain about their tactics.  They have not taken my mental health condition into account.  They are bullying me asking for full payment or else action will be taken.  They have not taken my limited financial circumstances into account.  They have ignored me when I tell them I do not owe that amount.  Classic bullying tactics... what can I do?   Thanks.
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Quick Quid / Arc Europe help

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August last year i was struggling for money, stupidly i applied for a payday loan from QQ at the time of taking this out my credit rating was appalling.

 

i made the first payment but after that found myself struggling to continue making the payments due to several factors.

 

the loan was for about £400 but since then it has gone up to £700+ .

 

i emailed them a number of times asking to consider writing of the debt and gave them the reasons why including low income, loss of benefits / job, stress of debts, bad credit score etc.

 

I also pointed out that the constant phone calls and emails every couple of days could be perceived as harassment.

 

with all the calls and emails i kept receiving i decided to send them a income / outcome sheet showing there was no way i could afford any type of repayment offer at present and asked yet again if they could put a hold on any action, but was constantly told if i didn't phone them they couldn't sort it out and they would proceed in trying to collect the money.

 

in every email they sent i was told if i didn't offer pay the amount or offer a repayment plan by phone my account would be sold on

 

i told them i would prefer to only correspond via email yet they continued to phone (even after i asked them to stop doing that) and emails still kept coming saying i hadn't made any offer of repayment or tried to contact them (even though i kept explaining my situation in emails!)

 

at the start of January this year i wrote a complaint, that they acknowledged,

i explained all my problems and also that if they had done the correct checks i would not have been granted any loan.

 

 

I also requested the once again that they stop any action unfortunately their reply was they don't stop any action even when dealing with a complaint.

 

today i get a letter from Arc Europe threatening county court action within 14 days of their letter if i do not pay the amount in full or make a proposal to pay off the debt.

 

could someone please give me any advice as what to do now

 

thank you

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Hi

Firstly, we have to see whether ARC are collecting the debt on behalf of QQ. This is usually confirmed by the letter stating 'their client' If that is the case, you should ignore them and their threats as they can do nothing.

I assume they haven't resolved the complaint as yet so they shouldn't have passed it on to anyone to collect. The account should have been put on hold whilst the complaint was ongoing.

 

The OFT originally stated this and the FCA have adopted the same guidance. So long as a customer maintains contact, their preferred method of communication should be used. Where a customer fails to maintain their preferred mode of communication, alternative means can be used.

 

Basically, you have stated tha you want to be contacted by email only. This they should do as you are maintaining contact.

 

I suggest that you keep all those emails and any letters as this could be used in evidence when (if) it goes to the FOS.

 

In the mean time, I would email once more saying that you want your telephone number removed from their systems and to communicate in writing only. Keep a log of all the incoming calls as well.


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ARC down buy debts they only ever chase

 

 

just ignore them.

 

 

they are a DCA

and a DCA

IS NOT A BAILIFF

they have no legal powers whatsoever.

 

 

just block the numbers and the texts

might even pay you to fwd the stuff to the ICO too.

as they've been told writing only.

 

 

have you actually started an official irresponsible lending complaint with them in writing.??


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I wrote a letter of complaint stating irresponsible lending and put in the fact they didn't check properly that i was able to pay the debt back, they also didn't check my credit rating, or if they did they didn't take into my terrible credit rating. I also included other info including the constant emails and phone calls plus their refusal to help me get it sorted by the use of email.

 

QQ was supposed to be dealing with the complaint, but after i put in the complaint to QQ I still kept getting emails and phone calls. I then wrote to them again telling them that i wanted to add to my original complaint saying that they were still contacting me and also threatening to pass on my debt to someone else whilst the complaint was being looked into.

 

QQ then responded with a email simply stating 'Thank you for contacting the Final resolution Department,We apologize you have experienced. Please be advised that while we are reviewing your complaint, that does not cease the Collections activity of any current loan.. '

 

In the letter i received today from ARC it states they have wrote to me previously... this is incorrect... this is the first time ARC have ever contacted me. there is no mention of them working on behalf of QQ, therefore i am guessing QQ may have passed it to ARC, they may have even sold it to them whilst my complaint is in the process of being looked at.

 

If a debt is in question or there is a complaint being addressed can a company still pass on a debt or sell it on?

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typical DCA tactics

to make you react with a supposed false hood claim

 

 

'we' as the Original creditor have written to you

because ARC's client are the OC.

 

 

off to the FOS time then if they've rejected your IR claim.

just ignore them


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8 weeks from day of complaint i received their response whilst waiting i have still been receiving the emails, letters and phone calls threatening action.

 

i sent them a financial statement showing i owed a whole lot more out than i had coming yet that didn't seem to make any difference

 

 

 

We are in receipt of your complaint dated xx/xx/2017 where you allege that QuickQuid irresponsibly lent to you. Specifically, you mention:

 

• The loans provided by QuickQuid were unaffordable

 

• You were dependent on short term lending

 

• You experienced financial hardship

 

I’ve investigated your complaint and would like to bring your attention to the following points:

 

AFFORDABILITY

 

In your complaint you allege that QuickQuid did not perform a credit check or affordability assessment. We have reviewed your file and can confirm that, in line with our internal process, at the time of each application, we conducted our standard credit assessment, which included pulling your credit report. As part of our assessment, we analyse your current financial commitments, insolvency records, delinquency records, County Court judgements, credit enquiries and other credit accounts currently open.

Lenders are required to make an assessment that is proportionate to the type and amount of the loan as well as the associated costs and risk to the borrower. It would not be proportionate for a lender which provides small loans, which are unsecured and which do not require a guarantor, to conduct the same assessment as a bank which provides high loan amounts which are secured by your home or vehicle. Your loans were unsecured. We did not provide a guarantor loan where you would have needed to have had someone else share the responsibility of repayment .

 

At the time you first applied for a loan with us, the regulator was the Office of Fair Trading (OFT). The OFT published guidance on irresponsible lending which stated that as a general principle, the checks done may well be less for a small sum or short-term loan. The OFT also explicitly stated that it would “normally consider it appropriate for a relatively high level of scrutiny to be undertaken in the case of secured credit”; however, the OFT made no such statement for unsecured credit such as the credit we provided you.

Your credit report is not the only thing we analyse when we make a lending decision. We also look at the information you provide us in your application, as well as your loan history with us when we decide to approve or decline your loan application.

This information is all input into our internal credit model which is run to obtain your credit model score. If your credit model score does not meet the minimum approval threshold score then we will decline your loan application.

 

Looking at your record, I see that your credit model score was never under the minimum approval threshold for any of the loans for which you were approved. For instance, on xx/xx/2016 you had a credit model score of 0.5012 when the minimum approval score was -0.25. Your credit model score is substantially higher the minimum approval score which shows that our affordability assessments properly ran per our internal policy.

 

It is in our mutual interest to have a well-designed affordability model. As a responsible lender, we provide customers such as yourself with access to credit and take upon ourselves the risk of default. While we will not reject a customer simply because there is a late payment on a credit file, we will critically assess the details of your credit file to provide you with a reasonable and affordable loan.

 

The investigation of your complaint also considered all relevant information contained in your application. It was noted your monthly income was stated as £xxxx per month. I compared your income to the average monthly repayment for each loan you took with us. From this I can see that the income you made during each loan with us was always more than enough to cover the amount you had to repay us for each loan and thus I cannot agree with you that your loans were unaffordable.

 

DEPENDENCY

 

You are claiming that you were dependent on loans. Yet if you were dependent on taking out one loan to repay the other then you would have taken out numerous loans, for equal or increasing loan amounts, and with very little time between paying off one loan and taking out the other. When I reviewed your loan history I see that you held a total of 1 payday loan which given the low number does not exhibit financial dependency.

 

HARDSHIP

 

Finally, in your complaint you state that at some point during your loan history with us you underwent severe financial detriment. To better assist you during that time our collections team ask to speak with you over the phone. Doing so would have allowed us to adequately and quickly assist you with an affordable repayment arrangement.

 

Any communication over the phone would have been followed up with via email. Including any agreed arrangements or account updates and/or adjustments.

 

Unfortunately, QuickQuid did not have the opportunity to speak with you and complete a financial statement. Had you completed the financial statement, we would have put your account in “hardship” status. And, proactively frozen additional fees and interest while we worked with you to find an affordable repayment option.

 

CONCLUSION

 

Therefore it is for the above reasons we cannot agree that QuickQuid irresponsibly lent to you.

 

obviously credit scores don't make any difference to this company... just checked mine on noddle and it seems my rating is 456 which is nearer to very poor than to poor.

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well they'll say that anyway

off to the authorities now time with it.


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