URGENT Possible Court Action?

[TibetanMonk]

Re: URGENT Possible Court Action?

The communication you had from them in post 1 - was that via email or to your postal address? Is the postal address they have for you correct? Email. I presume it's correct as it's not changed since I took the loan out.

And last question for now - have you received any sort of annual statement from them showing balance etc?

Nope, apart from the recent one saying I owe £4k from DFS.

Also just incase, I haven't received a default letter advising me I've defaulted (as far as I'm aware) when I was getting myself into this mess I didn't really take much notice of default letters as I didn't really understand what they meant so it's possible I did and haven't realised.

[SaltnVinegar]

Re: URGENT Possible Court Action?

Ok - so you have a few things to think about...

They have not sent you any communication to your postal address, its all been via email. Its likely that this is all just threats and bluster, especially if you've not responded to them. However, there is always the small possibility that the first written communication you may get is a court claim, which may happen if they are a bunch of chancers.

Now if that were to happen, then I think you have sufficient argument for the unfair relationship provisions to apply (£4k debt from £300 agreement!), plus there is the irresponsible lending argument if they have not sent you pre-contract information during the application.

I do think that there is some use in sending a CCA request for a couple of reasons:

1) It is likely they don't have the paperwork, especially if they have purchased accounts from another company. Looking at their partially built website, I doubt their record keeping is up to scratch.
2) It offers you some protection from a claim being issued
3) If an agreement does turn up, then you can also assess any risk in the event there is a term in the agreement with regard to contractual interest

The risk with sending a CCA request is that you are possibly drawing attention to yourself, if all you are getting is an automated email. However if they are thinking of chancing a claim, it may make them think twice.

[SaltnVinegar]

Re: URGENT Possible Court Action?

I've just received the following from Digital Financial Services (New owners of debts from SpeedCredit)

Just an aside on this, the previous owner of both DFS and Speedcredit is an individual called Tuomo Keri Kustaa Maki, who was also involved in a murky company called MCO Capital, who were on the receiving end of a £500k fine from the OFT resulting in their closure.

Considering this link, I would suspect this is just an operation trying to scare debtors from those previous operations in to paying up. Considering their breach of data protection guidelines, the fact they are not following court pre-action protocol, not to mention the dubious way they offered loans (and look at how Wonga have been caught out and they were one of the 'better' ones) it does fit their history.

[TibetanMonk]

Re: URGENT Possible Court Action?

SnV, I love you. Thank you so much for the above! It's made me a lot less worried. So, POA, send CCA request or no?

Report to FCA?

Yeah Wonga wrote off a lot of debts didn't they. My girlfriend stupidly took one out, but luckily that was written off as she was affected by the affordability thing they were told off about.

[SaltnVinegar]

Re: URGENT Possible Court Action?

So, POA, send CCA request or no?

Depends on what you're comfortable with. Personally, I would ignore anything sent via email, especially court threats, but thats me.

However, sending a CCA request (and they have your postal address anyway), offers you some protection, and if they refuse to respond (highly likely), then it only works in your favour. I would also be interested to see the content of any credit agreement that they may send you should they actually put a response together.

What you have to remember here is why you are sending a CCA request. It's not going to be UE as enforeability applies to normal credit card/personal loan debt, however there are other areas that they may have fallen foul of. At the very least you will be able to establish if they are able to claim contractual interest in the (very) unlikely case of a claim.

Report to FCA?

Not yet, you want to build up some evidence against DFS first - the CCA request would be a first step towards that.

Yeah Wonga wrote off a lot of debts didn't they. My girlfriend stupidly took one out, but luckily that was written off as she was affected by the affordability thing they were told off about.

Thats good news, and this position has massive implications for all payday lenders. I think you have the same argument here as it happens, but I'm a believer in allowing creditors plenty of rope to swing from!

Best
SnV

[TibetanMonk]

Re: URGENT Possible Court Action?

Its a tough one, as you said, I don't want to draw attention to myself but then I also want to protect myself. I'll have a think about it today and then make a decision. I really do appreciate all the help you've given me by the way SnV. Really really calmed me down and helped me realise what's important.

[SaltnVinegar]

Re: URGENT Possible Court Action?

Its a tough one, as you said, I don't want to draw attention to myself but then I also want to protect myself. I'll have a think about it today and then make a decision. I really do appreciate all the help you've given me by the way SnV. Really really calmed me down and helped me realise what's important.

Well putting things back into perspective is the most important thing here, so thats good you're now more relaxed and focused on what matters (i.e. your family).

If you're unsure then I would suggest sending a CCA request (recorded delivery via mail). I'll assume you have registered for the templates website, if so you can find the CCA request template here:

http://www.all-about-debt.co.uk/inde...22-cca-request

With regards to the payment - get a £1 postal order (do NOT send a cheque) and make sure that you keep a record of the postal order number, as you may need to track whether it has been cashed later down the line.

Remember this is not to test s77/78/79 of the CCA but to put them on the back foot, test their ability to provide paperwork and to see whether they are contractually entitled to claim interest, which if they are not, then their 'email before action' would also put them in breach of many guidelines not just pre-action protocol.

Best
SnV