Cecilia PDL diary

[SaltnVinegar]

Re: Cecilia PDL diary

I am amazed by the help and advice on this site. We should be getting grants for debt advice from somewhere. Keep up the good work! Continue the fight Cecilia, you WILL win in the end.

The site is funded by Niddy, donations, and the voluntary time of all its members. I think thats far better than certain other sites that are funded via Google Ads and consequently have advertisements for payday loan companies on the PDL sections

[cecilia]

Re: Cecilia PDL diary

WOW!! They seriously never mentioned Notice of Acceleration did they? It's not only irrelevant in the EU but it relates to mortgages ordinarily. Not a PDL...!!

A Notice of Acceleration is just one name for a document from your lender which advises you that ALL of your mortgage payments, including past missed payments, will be due within the next 30 to 90 days. In the UK the closest thing would be a suspended possession order...!!

I'd report them for this. Technically you don't owe anything now as they're referring to an inapplicable legal framework so do not make any offer of repayment. None.

Thanks Niddy, let me know how to go about reporting for this. Last offer was made to them on 30th August

[cecilia]

Re: Cecilia PDL diary

I am amazed by the help and advice on this site. We should be getting grants for debt advice from somewhere. Keep up the good work! Continue the fight Cecilia, you WILL win in the end.

Thanks Enforcer, the advice on here is fantastic, could not fight without it.

[cecilia]

Re: Cecilia PDL diary

Gosh a notice of acceleration. I'm not sure what their 'contractual right' is to exercise a notice of acceleration as I'm sure (though happy to be corrected) that this is an american term, and, if I'm not wrong, your loan would be governed by the Consumer Credit Act 1974 and probably amended under CCA 2006 in which such a term does not exist.

Thanks for the clarification.

[Never-In-Doubt]

Re: Cecilia PDL diary

I am amazed by the help and advice on this site. We should be getting grants for debt advice from somewhere. Keep up the good work! Continue the fight Cecilia, you WILL win in the end.

all grants come from the bank of niddy mate - just how I like it and how we'll remain - forever!

[Never-In-Doubt]

Re: Cecilia PDL diary

Gosh a notice of acceleration. I'm not sure what their 'contractual right' is to exercise a notice of acceleration as I'm sure (though happy to be corrected) that this is an american term, and, if I'm not wrong, your loan would be governed by the Consumer Credit Act 1974 and probably amended under CCA 2006 in which such a term does not exist.

WOW!! They seriously never mentioned Notice of Acceleration did they? It's not only irrelevant in the EU but it relates to mortgages ordinarily. Not a PDL...!!

A Notice of Acceleration is just one name for a document from your lender which advises you that ALL of your mortgage payments, including past missed payments, will be due within the next 30 to 90 days. In the UK the closest thing would be a suspended possession order...!!

I'd report them for this. Technically you don't owe anything now as they're referring to an inapplicable legal framework so do not make any offer of repayment. None.

[Enforcer]

Re: Cecilia PDL diary

I am amazed by the help and advice on this site. We should be getting grants for debt advice from somewhere. Keep up the good work! Continue the fight Cecilia, you WILL win in the end.

[SaltnVinegar]

Re: Cecilia PDL diary

Thanks, SnV will send off tomorrow special delivery.

Don't forget to change the relevant parts of the template

[cecilia]

Re: Cecilia PDL diary

Hi Cecilia

Ok, so Chantry Collections are actually linked to Speedloan Finance Limited and are nothing but an inhouse debt collection agency, therefore you can treat correspondence to them as a continuation of that you have been sending to Speedloan. They are all part of the same group (Albemarle & Bond PLC).

If you would like to put a face to the name of your tormentors here is Liam Moran and Greville Nicholls. Do a bit of digging into their interests and you can see that they have a lot of fingers in a lot of pies...

[ATTACH=CONFIG]10378[/ATTACH][ATTACH=CONFIG]10379[/ATTACH]

Still this helps you as basically you can now treat Chantry Collections as Speedloan on the basis that they have refused your offer and have sent you a dodgy I/E form based on information that does not comply with the CFS format.

What is important is that you do NOT give them your employer details (or any other for that matter). Chantry Collections have been known to write to employers implying that debtors are subject to legal proceedings and demanding contact information etc. I'm almost hoping that they try something as stupid as this with not only would we likely succeed in getting your debt written off but also some compensation for you and a slap on the arse for them too.

But lets not dwell on what may happen.

I'd consider a similar letter as that you sent to Mr Lender as follows:

<Start of template letter>

Dear Chantry Collections

Thank you for your letter dated 24th October 2013, however I note with regret that you appear to be doing nothing to help me resolve my situation but instead continue to make unreasonable demands of payment which you know I cannot afford as well as disregarding the I&E information I have sent you.

I&E Information
You have yet again asked me to complete and return your clients I&E form. Please note that I will not complete the form you have sent me as it does not adhere to the common financial statement format - the recognized format used by all debt charities and accepted by the courts.

You have, however, received on numerous occasions (initially on xx/xx/xxxx and further on xx/xx/xxxx...........AMEND AS APPROPRIATE) my I&E information using the CFS format described above. Consequently you have all the information you need to understand how I have arrived at the monthly payments that are the maximum I can afford.

Payment proposal and demanding payments I cannot afford
As you can see from the I&E information sent to you, the maximum monthly payment I can make towards this account is £xx.xx.

This is a reasonable proposal, as demonstrated by my I&E information provided to you. However in your letter of 24/10/2013 you have refused to accept this offer without providing any objectively justifiable reason for doing so, but instead, you continue to demand a higher monthly payment which you know I am unable to afford.

You should be fully aware that the above conduct places you in direct breach of OFT debt collection guidelines. OFT guidelines on debt collection are very clear and consider actions as either deceptive or unfair where a creditor:

“Refuses to engage, appropriately or at all, with a third party representative, such as a debt advisor at a free advice centre of a debt management business, or with a debtor developing his own repayment plan (for example using CASHflow) unless there is an objectively justifiable reason for doing so.”

To date neither your company or your client have engaged in an appropriate manner nor have given no objectively justifiable reason for refusing my payment proposal but instead continue to demand payments that I have repeatedly demonstrated to you I am unable to afford and pursue a course of harassment.

If you are in any further doubt as to why your refusal to accept my offer in unreasonable the OFT are also clear on this matter:

"We would have particular concerns under circumstances in which a debt recover business rejects a debtors repayment offer as being unacceptable - but cannot subsequently demonstrate to our satisfaction why the offer was considered to be unreasonable (for example, if assessed against the Common Financial Statement of equivalent)"

As my offer made to you is assessed against the Common Financial Statement format I cannot see how you can subsequently demonstrate why my offer to you is unacceptable.

In addition to the above I also should remind you of your clients obligations under section 140A of the Consumer Credit Act 1974 with regards to the unfair relationship provisions, not to mention other requirements the Act which, to date, your client has failed to comply.

I am trying to resolve this amicably and in a responsible manner by offering you a repayment plan which is affordable. I request again that you consider, and accept, this payment plan and look forward to receiving your acceptance of my offer.

On acceptance of my offer, please provide your companies bank details so that I may set up a standing order to commence payments, the first of which will start on xx/xx/xxxx

If you continue to refuse to accept my reasonable offer you leave me with no alternative but to report your conduct (and all communication) to the OFT and other regulatory bodies.

I hope that this will not be necessary and look forward to hearing from you and your acceptance of my offer in due course.

Cecilia

Thanks, SnV will send off tomorrow special delivery.

[SaltnVinegar]

Re: Cecilia PDL diary

Just received this notice of acceleration from Pounds to Pocket

Gosh a notice of acceleration. I'm not sure what their 'contractual right' is to exercise a notice of acceleration as I'm sure (though happy to be corrected) that this is an american term, and, if I'm not wrong, your loan would be governed by the Consumer Credit Act 1974 and probably amended under CCA 2006 in which such a term does not exist.

[SaltnVinegar]

Re: Cecilia PDL diary

Received another letter from Chantry collections yesterday in the post

Chantry Collections Limited Debt recovery Specialists

Our client:Speeloan Finance
Our Ref
Current Balance: 1,130

24th October 2013

Thank you for your offer of £24 per month but I am afraid I cannot accept this as a long term repayment account. I can accept it for this month only to hold your account, you will need to pay this on receipt of this letter.

We do want to help you but we would need you to complete and return the enclosed income and Expenditure form so that we can fully assess your financial situation, only then can we accept a lower monthly payment. If you are struggling to find extra disposable income please contact us and we will try to help you.

I have now held you account for 7 days for the agreed token payment, in the meantime if you have any further questions please call 08444480520.

Yours sincerely

Chantry collections

P.O. Box 35 Wakefield 1YN T 0844 4480520
E enquiries@chantrycollections.com

Have had a look at the I&E and it asks for my Date of Birth, NI number , work telephone, employers name, employers address etc.

The expenditure details they list are Rent,Council tax, Electric,Water,Telephone,Internet,TV licence,Clothing,Food, Credit cards, Other.

Letter is dated 24th, I received it on 28th, they are only giving me 7 days, when it was in the post for 5 days!

Hi Cecilia

Ok, so Chantry Collections are actually linked to Speedloan Finance Limited and are nothing but an inhouse debt collection agency, therefore you can treat correspondence to them as a continuation of that you have been sending to Speedloan. They are all part of the same group (Albemarle & Bond PLC).

If you would like to put a face to the name of your tormentors here is Liam Moran and Greville Nicholls. Do a bit of digging into their interests and you can see that they have a lot of fingers in a lot of pies...



Still this helps you as basically you can now treat Chantry Collections as Speedloan on the basis that they have refused your offer and have sent you a dodgy I/E form based on information that does not comply with the CFS format.

What is important is that you do NOT give them your employer details (or any other for that matter). Chantry Collections have been known to write to employers implying that debtors are subject to legal proceedings and demanding contact information etc. I'm almost hoping that they try something as stupid as this with not only would we likely succeed in getting your debt written off but also some compensation for you and a slap on the arse for them too.

But lets not dwell on what may happen.

I'd consider a similar letter as that you sent to Mr Lender as follows:

<Start of template letter>

Dear Chantry Collections

Thank you for your letter dated 24th October 2013, however I note with regret that you appear to be doing nothing to help me resolve my situation but instead continue to make unreasonable demands of payment which you know I cannot afford as well as disregarding the I&E information I have sent you.

I&E Information
You have yet again asked me to complete and return your clients I&E form. Please note that I will not complete the form you have sent me as it does not adhere to the common financial statement format - the recognized format used by all debt charities and accepted by the courts.

You have, however, received on numerous occasions (initially on xx/xx/xxxx and further on xx/xx/xxxx...........AMEND AS APPROPRIATE) my I&E information using the CFS format described above. Consequently you have all the information you need to understand how I have arrived at the monthly payments that are the maximum I can afford.

Payment proposal and demanding payments I cannot afford
As you can see from the I&E information sent to you, the maximum monthly payment I can make towards this account is £xx.xx.

This is a reasonable proposal, as demonstrated by my I&E information provided to you. However in your letter of 24/10/2013 you have refused to accept this offer without providing any objectively justifiable reason for doing so, but instead, you continue to demand a higher monthly payment which you know I am unable to afford.

You should be fully aware that the above conduct places you in direct breach of OFT debt collection guidelines. OFT guidelines on debt collection are very clear and consider actions as either deceptive or unfair where a creditor:

“Refuses to engage, appropriately or at all, with a third party representative, such as a debt advisor at a free advice centre of a debt management business, or with a debtor developing his own repayment plan (for example using CASHflow) unless there is an objectively justifiable reason for doing so.”

To date neither your company or your client have engaged in an appropriate manner nor have given no objectively justifiable reason for refusing my payment proposal but instead continue to demand payments that I have repeatedly demonstrated to you I am unable to afford and pursue a course of harassment.

If you are in any further doubt as to why your refusal to accept my offer in unreasonable the OFT are also clear on this matter:

"We would have particular concerns under circumstances in which a debt recover business rejects a debtors repayment offer as being unacceptable - but cannot subsequently demonstrate to our satisfaction why the offer was considered to be unreasonable (for example, if assessed against the Common Financial Statement of equivalent)"

As my offer made to you is assessed against the Common Financial Statement format I cannot see how you can subsequently demonstrate why my offer to you is unacceptable.

In addition to the above I also should remind you of your clients obligations under section 140A of the Consumer Credit Act 1974 with regards to the unfair relationship provisions, not to mention other requirements the Act which, to date, your client has failed to comply.

I am trying to resolve this amicably and in a responsible manner by offering you a repayment plan which is affordable. I request again that you consider, and accept, this payment plan and look forward to receiving your acceptance of my offer.

On acceptance of my offer, please provide your companies bank details so that I may set up a standing order to commence payments, the first of which will start on xx/xx/xxxx

If you continue to refuse to accept my reasonable offer you leave me with no alternative but to report your conduct (and all communication) to the OFT and other regulatory bodies.

I hope that this will not be necessary and look forward to hearing from you and your acceptance of my offer in due course.

Cecilia

[cecilia]

Re: Cecilia PDL diary

Pounds to Pocket

Started May 11, have reloaned with them several times.Paid off four loans.
May 11 loan £400
Interest £323.01
Reloaned September 11
loan £1200
Interest £987.41
Reloaned November 2011
Loan £1150
Interest £975.25
Reloaned October 2012
Loan £1150
Interest £1052.24
Last paid beginning August 2013
Defaulted August 2013
Received email from Pounds to Pocket 28th August
Sent email to Pounds to Pocket 28th August explaining circumstances and offering repayment plan.
Received email from Pounds to Pocket 29th August I&E
Sent email to Pounds to Pocket 30th August I&E
Received email from Pounds to Pocket 30th August
Last paid beginning August 2013
Defaulted August 2013
Received text from Pounds to Pocket 3rd September
Received email from Pounds to Pocket 18th Septemberpayment reminder
Received email from Pounds to Pocket payment reminder 21st September
Received email from Pounds to Pocket Notice of Default sums 25th September
Received email from Pounds to Pocket 26th September Notice of Arrears
Received text from Pounds to Pocket 26th September, to clear outstanding balance, before reported to credit bureau.
Received text from Pounds to Pocket 2nd October asking me to call 0800 to cure my outstanding balance before reported to credit bureau
Received notice of arrears from Pounds to Pocket 2nd October in the post
Received notice of Overdue payment from Pounds to Pocket 2nd October in the post
Received notice of arrears from Pounds to Pocket 12th October in the post
Received notice of default from Pounds to Pocket 16th October in the post
Received voicemail to call Pounds to Pocket on 0800 on 17th October
Received email from Pounds to Pocket payment reminder 23rd October
Received email from Pounds to Pocket payment reminder 26th October
Received notice of default sums Pounds to Pocket 31st October
Received notice of arrears from Pounds to Pocket 31st October
Received notice of acceleration Pounds to Pocket 2nd November

Just received this notice of acceleration from Pounds to Pocket


Date: 02/11/2013
Loan #:


Pursuant to the Loan Agreement that you signed and the Terms & Conditions thereof, you are in default of the above referenced loan and have failed to take corrective action as detailed in the Notice of Default Sums sent to you at least 15 days ago.


We hereby exercise our contractual right of Acceleration. This means that:
- Your entire loan amount of principal, accrued interest and fees of £1478.55 is now due.
- We may notify the credit reporting agency of your default on this loan.
- We may sell your debt to a third-party debt purchaser who may exercise any rights available under the law in collecting the amount owed.
- Interest will not accrue from this point forward.

If you are experiencing difficulty in paying the sums owed under the agreement, then this notice serves as Pounds to Pocket’s offer to you to contact our Collections Team and work out equitable relief.

If you have queries, email or ring us promptly. We value your business, and we ask you to contact us immediately to resolve this matter. In order to retain your good standing with our company and the Credit Reporting Agency, we must hear from you immediately. Possible payment methods include:


- Debit Card
- Direct Debit from your bank account

If you have already made payment arrangements for the entire balance, please disregard this email.


Pounds to Pocket Collections
0800 051 8273 Direct Line
0808 234 9327 Fax
collections@poundstopocket.co.uk
www.PoundstoPocket.co.uk


Pounds to Pocket is the trading name of CashEuroNetUK, LLC. CashEuroNetUK, LLC is a Limited Liability Company incorporated in the United States. Head Office: 200 W. Jackson Blvd., 14th Floor, Chicago, IL USA. Correspondence Address: 483 Green Lanes, London, N13 4BS. Consumer Credit Licence #: 603395.

[cecilia]

Re: Cecilia PDL diary

I wouldnt be filling that in anyway, misses loads of things out, and includes loads of questions they have no right asking.

I thought so. The thing is when I applied for the Speedloan initially, they asked for my Payslips, and work information.

[SXGuy]

Re: Cecilia PDL diary

I wouldnt be filling that in anyway, misses loads of things out, and includes loads of questions they have no right asking.

[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 from Speedloan 7th September rejecting my offer.
Received letter 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 from Speedloan 3rd October in normal post
Wrote to Speedloan 10th October
Received Notice of sum of arrears from Speedloan 12th October in normal post
Received a letter from Chantry collections re my speedloan dated 19th October, received 23rd October
Received a letter from Chantry collections re my Speedloan dated 24th October received 28th October

Received another letter from Chantry collections yesterday in the post

Chantry Collections Limited Debt recovery Specialists


Our client:Speeloan Finance
Our Ref
Current Balance: 1,130

24th October 2013

Thank you for your offer of £24 per month but I am afraid I cannot accept this as a long term repayment account. I can accept it for this month only to hold your account, you will need to pay this on receipt of this letter.

We do want to help you but we would need you to complete and return the enclosed income and Expenditure form so that we can fully assess your financial situation, only then can we accept a lower monthly payment. If you are struggling to find extra disposable income please contact us and we will try to help you.

I have now held you account for 7 days for the agreed token payment, in the meantime if you have any further questions please call 08444480520.

Yours sincerely

Chantry collections

P.O. Box 35 Wakefield 1YN T 0844 4480520
E enquiries@chantrycollections.com

Have had a look at the I&E and it asks for my Date of Birth, NI number , work telephone, employers name, employers address etc.

The expenditure details they list are Rent,Council tax, Electric,Water,Telephone,Internet,TV licence,Clothing,Food, Credit cards, Other.

Letter is dated 24th, I received it on 28th, they are only giving me 7 days, when it was in the post for 5 days!