Cecilia PDL diary

[cecilia]

Re: Cecilia PDL diary

Ok no problem - they are actually doing things by the book. They are required by law to send you a DN telling you what the default position is, what you have to do to remedy the default, and the time that you have to do so. It looks like they have complied with the format, but I'm not a legal expert so cannot tell you for sure. However, (and this is only my personal opinion), I wouldn't want to base an entire legal argument on a potentially defective default notice if things got as far as court.

So you asked me what does this mean and would the lender take you to court?

Well it means they are doing things by the book, so this works for both of you. Are they going to take you to court? I really can't answer that. If they do its not the worst thing that could happen, and we can look at ways of coming to an agreement, Tomlin Order, in the event of that happening.

What is much more likely to happen is that they will hand the account out to a DCA and then they will harrass you instead.

I know its easy to say, but try not to worry about things, this is all normal and you have actually seen off the worst of the PDL creditors that you have.

If you want to do something, then I would resend your payment proposal, with the revised I/E form that you did, so that way you can say that you responded to the DN with a payment offer and we'll take it from there.

Best
SnV

Thanks SnV,

I am not worried about court, as my Credit file got trashed as soon as I defaulted.

What is the Tomlin order?

Are you aware that I wrote to them on 4th September with an offer from my I&E form, they responded on the 5th September, clearly stating they could not accept my offer?

[SaltnVinegar]

Re: Cecilia PDL diary

The dreams and nightmares about PDL's have started again.

No, banish them! You have support and are gaining control!

there is nothing worse than lying in bed at night with an over active mind and thoughts merge into dreams which run away. I spent several years lying in bed writing letters, doing maths and fighting court battles. This was before AAD. You have help and will survive.

Hi Cecilia

You are in a far better place than you think if you step back and think on it a little.

• You have an arrangement now with Mr Lender
• Quickquid and Pounds 2 Pocket are going to struggle because of how they have conducted their business in lending to you in the first place, so you have them under control
• PaydayUK are easy to deal with and you have them where you want them also as they are refusing to cancel the CPA which is a breach of OFT guidelines (not that they can get any money anyway)
• Speedloan are doing things by the book which works in your favour
• The others are really quiet as they know there is nothing they can do

So try not to worry if possible. You're doing really well and you have to remember that time is your friend

You will always this initial burst of harassment activity. Remember - they do not WANT to help you, even though they have a lawful obligation to do so. So instead they will try to put you under pressure to make a payment you wouldn't normally if you were thinking things through, and they really don't give a monkeys bum what impact this would then have on you being able to pay the rent, feed yourself, get to work etc.

However, once they realize that this isn't going to work (and you're showing them its not), then you will find they will back off and for most part you won't hear from them again.

So, get some chocolate, kick back and relax

SnV

[SaltnVinegar]

Re: Cecilia PDL diary

Hi SnV, This was sent by normal post dated the 1st October 2013, and came with an Information sheet on Defaults from the OFT.

Ok no problem - they are actually doing things by the book. They are required by law to send you a DN telling you what the default position is, what you have to do to remedy the default, and the time that you have to do so. It looks like they have complied with the format, but I'm not a legal expert so cannot tell you for sure. However, (and this is only my personal opinion), I wouldn't want to base an entire legal argument on a potentially defective default notice if things got as far as court.

So you asked me what does this mean and would the lender take you to court?

Well it means they are doing things by the book, so this works for both of you. Are they going to take you to court? I really can't answer that. If they do its not the worst thing that could happen, and we can look at ways of coming to an agreement, Tomlin Order, in the event of that happening.

What is much more likely to happen is that they will hand the account out to a DCA and then they will harrass you instead.

I know its easy to say, but try not to worry about things, this is all normal and you have actually seen off the worst of the PDL creditors that you have.

If you want to do something, then I would resend your payment proposal, with the revised I/E form that you did, so that way you can say that you responded to the DN with a payment offer and we'll take it from there.

Best
SnV

[SXGuy]

Re: Cecilia PDL diary

I often find, thinking of something else, quite trivial works, and funny enough you wake up the next day with all the answers to the questions you went to bed with. With no stress!

[cecilia]

Re: Cecilia PDL diary

The strange thing, is my mind was elsewhere last night, preoccupied with work, and other stuff.I just woke up this morning feeling quite drained, as I was trying to resolve stuff in my sleep.

[cymruambyth]

Re: Cecilia PDL diary

No, banish them! You have support and are gaining control!

there is nothing worse than lying in bed at night with an over active mind and thoughts merge into dreams which run away. I spent several years lying in bed writing letters, doing maths and fighting court battles. This was before AAD. You have help and will survive.

[cecilia]

Re: Cecilia PDL diary

The dreams and nightmares about PDL's have started again.

[SXGuy]

Re: Cecilia PDL diary

Just barely gives you 14 days to remedy, if the post had been 1 day late, it would fall short. hmm.

[cecilia]

Re: Cecilia PDL diary

Hi Cecilia

Was this sent by email or normal post?

SnV

Hi SnV,

This was sent by normal post dated the 1st October 2013, and came with an Information sheet on Defaults from the OFT.

[SaltnVinegar]

Re: Cecilia PDL diary

Received a Default notice from Speedloan today dated 1/10/13

This Default notice is served under section 87 (1) of the consumer credit act 1974

Speedloan Personal Loan Agreement

Original Loan £800
Balance £825.07
Arrears £112

Description of Breach

You have breached terms of Agreement on your original application form in that you have failed to make the necessary repayments. The breach is capable of remedy if you make a payment as requested for the full arrears outstanding. This action must be taken by Thursday 17th October 2013.

No further action will be taken in respect of the breach if the matter is resolved before the date shown . If you do not take the action required by this notice before the date shown, then further action may be taken against you.

Action to be taken if breach not remedied

1. We will terminate the Agreement by demanding immediate repayment of the monies due being £825.07 plus any interest due.

2. If necessary the debt will be referred to our Legal team to take Court action to enforce the above points.

IF YOU HAVE DIFFICULTY PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU MORE TIME.

IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE FOR EXAMPLE YOU SHOULD CONTACT A SOLICITOR OR OBTAIN FREE IMPARTIAL HELP FROM YOU LOCAL TRADING STANDARDS DEPARTMENT OR NEAREST CITIZENS ADVICE BUREAU.

IF YOU HAVE DIFFICULTY IN PAYING THE SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE YOU SHOULD CONTACE THIS OFFICE ON 08444480528

This notice should include a copy of the current Office of Fair Trading information sheet on default. This contains important information about your rights and where to go for support and advice. If it is not included , you should contact us to get one.

Yours sincerely

Andrew Shuttlewood
Speedloan Finance Ltd

Hi Cecilia

Was this sent by email or normal post?

SnV

[cecilia]

Re: Cecilia PDL diary

Received a Default notice from Speedloan today dated 1/10/13

This Default notice is served under section 87 (1) of the consumer credit act 1974

Speedloan Personal Loan Agreement

Original Loan £800
Balance £825.07
Arrears £112

Description of Breach

You have breached terms of Agreement on your original application form in that you have failed to make the necessary repayments. The breach is capable of remedy if you make a payment as requested for the full arrears outstanding. This action must be taken by Thursday 17th October 2013.

No further action will be taken in respect of the breach if the matter is resolved before the date shown . If you do not take the action required by this notice before the date shown, then further action may be taken against you.

Action to be taken if breach not remedied

1. We will terminate the Agreement by demanding immediate repayment of the monies due being £825.07 plus any interest due.

2. If necessary the debt will be referred to our Legal team to take Court action to enforce the above points.

IF YOU HAVE DIFFICULTY PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU MORE TIME.

IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE FOR EXAMPLE YOU SHOULD CONTACT A SOLICITOR OR OBTAIN FREE IMPARTIAL HELP FROM YOU LOCAL TRADING STANDARDS DEPARTMENT OR NEAREST CITIZENS ADVICE BUREAU.

IF YOU HAVE DIFFICULTY IN PAYING THE SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE YOU SHOULD CONTACE THIS OFFICE ON 08444480528

This notice should include a copy of the current Office of Fair Trading information sheet on default. This contains important information about your rights and where to go for support and advice. If it is not included , you should contact us to get one.

Yours sincerely

Andrew Shuttlewood
Speedloan Finance Ltd

[cecilia]

Re: Cecilia PDL diary

Just read this full press release from the FCA outlining new guidelines for payday lenders, like the bit on CPA's and limiting them.

http://www.fca.org.uk/news/press-releases/consumer-credit-detail

[cecilia]

Re: Cecilia PDL diary

As you say 1 down, 5 to go. Don't you feel much stronger and better for fighting? Good luck with the rest and thank you to s'nv, a voice of calmness and sanity!

Yes, I feel stronger, and better for fighting. Could not have done it without you all on here, very stressful.

[cymruambyth]

Re: Cecilia PDL diary

As you say 1 down, 5 to go. Don't you feel much stronger and better for fighting? Good luck with the rest and thank you to s'nv, a voice of calmness and sanity!

[cecilia]

Re: Cecilia PDL diary

Received another notice of arrears today in the post today from Pounds to Pocket, dated 30th September slightly different to the one they emailed me in #207


This notice is being sent to you as required by the Consumer Credit Act 1974 because you are behind with the sums payable under your loan agreement.

Please review the Office of Fair Trading Arrears publication that describes your rights and responsibilities

Loan ID
Funding date 6/7/13
Loan amount £1,146.66
Opening balance £1,079.38

Two or more installment payments under the above loan from Pounds to Pocket are overdue. Because of these overdue payments, your customer status has been changed to "In Default."

Below is the list of installment payments which are overdue

28th August 2013 £177.23
25th September 2013 £177.23
Total £354.46

As a result of your returned debits on the payment dates above, we have assessed £24 in Dishonour Fees. This amount is also now due. You will receive separate notices in relation to these Late Fees.

No further fees or interest are accruing on these amounts.

Total current outstanding balance of the loan £378.46