Cecilia PDL diary

[cecilia]

Re: Cecilia PDL diary

Hi Cecilia

Apologies, I've not been around for a few weeks as had some of my own personal stuff to deal with that needed my 100% attention.

Have you heard any more from Motormile?

No apologies needed SnV, I hope you are okay. I have not heard from Motormile, but you know they handed it to Moriarty law. Will let you know as soon as I hear.

[SaltnVinegar]

Re: Cecilia PDL diary

Hi Cecilia

Apologies, I've not been around for a few weeks as had some of my own personal stuff to deal with that needed my 100% attention.

Have you heard any more from Motormile?

[cecilia]

Re: Cecilia PDL diary

No and yes - you cannot predict what a creditor may or may not do. Knowling Motormile they're more likely to embark on a course of harassment as a next step.

But the reason I asked you whether you could PM me a redacted copy of the credit agreement was to see whats in the prescribed terms, and whether they could for example, make a claim for statutory or contractual interest. Its important to know the risks so you can make a fully informed judgement on how you want to approach things.

Chances of them being successful in claiming the latter are minimal, and you'd argue a breach of the unfair relationship provisions, but lets concentrate on next step, not theoretical future steps.

SnV, I don’t know whether this is the information you want. I was unable to send you the PDF of the document via PM, and the email was returned. I have given you some of the terms that I think you may be interested in.
Amount of credit £800
Interest£ 544
Total charge for credit £544
Total amount payable £1344
Total amount payable by first instalment £112
Rate of interest 108.61% pa fixed
Apr 182.8% calculated at the time of making this agreement on the assumption that this agreement remains in force for the term of the agreement and that you promptly perform your obligations under this agreement.
Default interest and charges
We may charge you default interest in accordance with clause 4 of the terms and conditions of this agreement, at above the interest rate, that is 108.61% for each day you still owe the payment. We can charge this interest even after we have obtained a court judgment against you.
We may also require payment of our reasonable charges arising from late payment for (a) each payment reminder letter or document to which you are not otherwise entitled (b) each cheque, card payment, standing order or direct debit which is rejected, dishonoured stopped or otherwise not paid by you. Where known at the date this of this agreement, our costs for the above are (a) £10 and for (b) £15 and otherwise as we will notify you.
See also clause 4(b) for our costs for enforcing this agreement, which includes recovery of our costs or charges payable by us to third parties acting on our behalf. We may vary our charges for business, operational or legal reasons and will give you notice if we do so.
Clause 4 Default interest and charges
a)If you fail to pay us any amount you owe us under this agreement by the due date we may, in addition to our other rights, charge you default interest on that from the due date of payment until its receipt by us, at the interest rate shown in this agreement, both before and after any judgment.
b) you agree to pay us any costs and charges shown in this agreement, which may become payable by you, and our reasonable legal and other costs for enforcing this agreement, including any payable to third parties acting on your behalf.
c) we may vary our charges for business, operational or legal reasons and will give you notice if we do so.

Clause 5 our right to demand earlier payment
We will be entitled to assume that you refuse to comply with the terms of this agreement and to demand payment of the outstanding balance under this agreement, after giving you a default notice, if:
a) you break any of the provisions of clauses 2(payment by you) or 3(change of address) of this agreement.
b) you provided false information when entering this agreement.
c) Not withstanding our rights to do so, we forego our rights to institute bankruptcy proceedings against you or take out a charging order against your home.

[Pixie]

Re: Cecilia PDL diary

Oh right. I know Niddy was talking about doing away with our forum emails. Then maybe post up here with any identifying bits blocked out.

[cecilia]

Re: Cecilia PDL diary

Thanks Pixie, I have just emailed SnV. My email has just bounced back as undeliverable.

[Pixie]

Re: Cecilia PDL diary

Hi cecilia. Unfortunately you can't attach a pdf file to a PM but SnV's forum email address is in his signature.

[cecilia]

Re: Cecilia PDL diary

No and yes - you cannot predict what a creditor may or may not do. Knowling Motormile they're more likely to embark on a course of harassment as a next step.

But the reason I asked you whether you could PM me a redacted copy of the credit agreement was to see whats in the prescribed terms, and whether they could for example, make a claim for statutory or contractual interest. Its important to know the risks so you can make a fully informed judgement on how you want to approach things.

Chances of them being successful in claiming the latter are minimal, and you'd argue a breach of the unfair relationship provisions, but lets concentrate on next step, not theoretical future steps.

Hi SnV,

How do I attach a Pdf file in a private message, or do you have a site email address.

[cecilia]

Re: Cecilia PDL diary

Thanks JLC , I have a windows phone, just checked, and sadly its not available.

[JLC]

Re: Cecilia PDL diary

There is a very good app called scannable (available on apple not sure about android). I've used it a few times now and it works well.

[cecilia]

Re: Cecilia PDL diary

Thanks SnV, I did not receive a PM from you if you have sent any this week. They sent me a paper copy of the agreement. I won't be able to get to a scanner until tomorrow. Have sent you a PM.

[SaltnVinegar]

Re: Cecilia PDL diary

What is the next step given that they have provided me with this information, court?

No and yes - you cannot predict what a creditor may or may not do. Knowling Motormile they're more likely to embark on a course of harassment as a next step.

But the reason I asked you whether you could PM me a redacted copy of the credit agreement was to see whats in the prescribed terms, and whether they could for example, make a claim for statutory or contractual interest. Its important to know the risks so you can make a fully informed judgement on how you want to approach things.

Chances of them being successful in claiming the latter are minimal, and you'd argue a breach of the unfair relationship provisions, but lets concentrate on next step, not theoretical future steps.

[cecilia]

Re: Cecilia PDL diary

What is the next step given that they have provided me with this information, court?

[cecilia]

Re: Cecilia PDL diary

Speedloan(Part of Albermarle and Bond)
Started approximately 2004 as cheque cashing, stopped cheque cashing a few months ago, and converted into a loan.
Interest paid to Albermarle and Bond from 2004 to 2013 £16,320
Loan £800
Owe £1120 including interest
Default charges £112
Monthly payments £112
Last payment beginning July 2013
Defaulted August 2013
Received text from Speedloan 2nd September
Wrote to Speedloan 4th September
Received letter in the post from Speedloan 7th September rejecting my offer.
Received letter in the post from Speedloan 18th September, asking me to contact them urgently, give bank account and debit card details,to set up direct debit.
Received text message from Speedloan 26th September to discuss account
Received default notice in the post from Speedloan 3rd October in normal post
Wrote to Speedloan 10th October
Received Notice of sum of arrears in the post from Speedloan 12th October in normal post
Received a letter in the post from Chantry collections re my speedloan dated 19th October, received 23rd October
Received a letter in the post from Chantry collections re my Speedloan dated 24th October received 28th October
Wrote to Chantry collections 7th November
Received Important notice from Chantry collections in the post re my Speedloan dated 5th November received 9th November
Received letter from Chantry collections in the post re my Speedloan dated 8th November received 11th November
Received letter in the post from Speedloan dated 13th November received 14th November
Received call from Clair Westbury at Speedloan 19th November asking me to send my I&E to put this matter to a close.
Received call from Clair Westbury at Speedloan 20th November asking me to send my I&E to put this matter to a close.
Resent to I&E to Speedloan 21st November.
Received letter from Speedloan 23rd November dated 22nd November.
Received letter from Speedloan 23rd January dated 21st January 2013
Received letter from Speedloan dated 29th December 2014
Received letter from Motormile Finance dated 3rd September 2015
Received letter from Motormile Finance dated 29th December 2016
Received letter from Moriarty Law dated 12th January 2017
Received letter from Motormile Finance dated 7th January 2017
Received letter from Moriarty law dated 31st January 2017

Received a letter from Moriarty law dated 31^st January 2017.
Re: Motormile Finance UK Ltd
Please find enclosed the relevant documents in response to your query regarding your account. In order to discuss your account please contact us on 0203 126 4544. Contact must be made within the next 14 days otherwise further action will take place on your account.

They have enclosed a loan processing checklist, fixed sum loan agreement regulated by the consumer credit act 1974,direct debit instruction, credit and identity check authorisation, affordability calculator, a copy of my wage slip, a copy of my passport,a copy of my debit car, and copies of my bank statement

[SaltnVinegar]

Re: Cecilia PDL diary

Thanks SnV, would they be aware that I made an offer to Speedloan in 2013 which was refused.

I rather doubt it.

I guess the question is what do you want to do with this? The choices haven't changed from all that time ago, my only thought is that we're over 3 years down the line so personally I'd be a little more reluctant to be offering payment plans and more inclined to be hardball.

[cecilia]

Re: Cecilia PDL diary

Thanks SnV, would they be aware that I made an offer to Speedloan in 2013 which was refused.