Son being chased by SLL Capital

[yus786]

Son (Uni student) STUPIDLY took out a £300 loan from Sunny. He clearly was foolish and didn't think of the consequences. This was early 2018

Got a letter today from SLL Capital asking for £988.80 back and if paid now 35% (so £642.72). Sunny have sold the loan to SLL

Luckily i opened the mail as it was red and looked important

We have all intentions to pay back the £300. How can we do this?

Should we write to SLL and offer the original amount?

Please advise

Thanks

[yus786]

Anyone please?

[Amethyst]

Morning YUS, Sorry your son has gotten ensnared by the payday lenders, sadly they target students somewhat

I would put in an affordability complaint https://debtcamel.co.uk/payday-loan-refunds/ and send a SAR to Sunny and a CCA request ( and a SAR too actually) to SSL Capital to find out exactly where things stand. CCA Request
Set Aside Application

Have they made any noises about looking towards court action ?

[yus786]

Morning YUS, Sorry your son has gotten ensnared by the payday lenders, sadly they target students somewhat

I would put in an affordability complaint https://debtcamel.co.uk/payday-loan-refunds/ and send a SAR to Sunny and a CCA request ( and a SAR too actually) to SSL Capital to find out exactly where things stand. CCA Request
Set Aside Application

Have they made any noises about looking towards court action ?

Thanks Amethyst.

No, all we got is a Standard Letter from SSL Capital. I'm assuming Sunny did try to contact my son but he's at Uni so cant check. No noises about court action yet

I was going to send a "Prove It" letter to SSL - would that not be advisable?

[Amethyst]

You can do, but tbh I'd just do a SAR to get all the information they hold, and you can see the application process which might help with an affordability complaint, and the CCA request to get the actual app and terms around the loan - so you can see why it's tripled. Assuming your son applied from home rather than his uni address? He will need to sign the SAR and CCA request letters btw.

[yus786]

You can do, but tbh I'd just do a SAR to get all the information they hold, and you can see the application process which might help with an affordability complaint, and the CCA request to get the actual app and terms around the loan - so you can see why it's tripled. Assuming your son applied from home rather than his uni address? He will need to sign the SAR and CCA request letters btw.

Thanks for this. We wrote a "Prove It" letter last night and passed to my son to post. Not sure if he has yet.

If he has, i'm assuming there's nothing to worry about right?

The letter was to SSL. They would reply with the details of the loan (being passed from Sunny), and i guess after that we can send both SAR and CCA?

[Amethyst]

Nope it's completely fine to send both/all of them. I'd get both the SAR letters off now as it might turn things up that are helpful to you. If you wanted just send the one to Sunny for now while you wait for SSL to respond to your prove it letter. Actually, did your prove it letter include £1 and a formal CCA request ? if not I'd be inclined to send one of those as well separately.

[yus786]

Really appreciate your help on this Amethyst

No, the Prove it letter was just a standard one i found from MSE.

You provided the link for the CCA template. Is there one for SAR? And can they both be sent in the same envelope?

Shall i wait for SSL to get back or go ahead and send the CCA request with the £1?

[Amethyst]

Subject Access Request Letter

I'd use separate envelopes tbh.

If your prove it letter didn't include a CCA request then I'd do that too, as the formal CCA request not being complied with has consequences ( they can't enforce the agreement until they do comply ) - as opposed to the standard 'prove it' letter which doesn't really do a lot.

[yus786]

Subject Access Request Letter


I'd use separate envelopes tbh.

If your prove it letter didn't include a CCA request then I'd do that too, as the formal CCA request not being complied with has consequences ( they can't enforce the agreement until they do comply ) - as opposed to the standard 'prove it' letter which doesn't really do a lot.

This is the prove it letter to SLL

I'll send the CCA request too now to SLL

Transfer of a consumer credit loan (SUNNY / £988.60 / 01/02/2018)

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt being owed to SUNNY

I am familiar with the Consumer Credit sourcebook of the Financial Conduct Authority (FCA) which states the following rules.

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3 

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

"Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt or that the amount is the correct amount owed under the agreement." 7.14.4

"A firm must provide a customer with information on the outcome of its investigations into a debt which the customer disputed on valid grounds." 7.14.5

"Where a customer disputes a debt and the firm seeking to recover the debt is not the lender or the owner, the firm must:
(1) pass the information provided by the customer to the lender or the owner; or
(2) if the firm has authority from the lender or owner to investigate a dispute, it must notify the lender or owner of the outcome of the investigation." 7.14.6

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.

In addition, if any default, adverse information, or account details have been reported to the Credit Reference Agencies regarding this account, I require you to remove any such information forthwith. 

Recording false and inaccurate information on Credit Reference Files is a breach of the Data protection Act 1998, and may also constitute an act of defamation on your part.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the FCA of your actions.

If appropriate I will also take this matter forward as a complaint to the Financial Ombudsman Service and Information Commissioner's Office.

I look forward to hearing from you.

[Amethyst]

Okay - it's a bit, well, extreme ... lol sorry. No harm though - I prefer a "prove it" letter that asks for evidence of the debt without outright denial that it exists. Is that the MSE template ?

[yus786]

Okay - it's a bit, well, extreme ... lol sorry. No harm though - I prefer a "prove it" letter that asks for evidence of the debt without outright denial that it exists. Is that the MSE template ?

Lol, yes. From MSE

I have since sent a separate CCA today to SSL. Thanks for your help and will keep you posted

[yus786]

Okay - it's a bit, well, extreme ... lol sorry. No harm though - I prefer a "prove it" letter that asks for evidence of the debt without outright denial that it exists. Is that the MSE template ?

@AMETHYST - So an update.

I sent a Prove it letter and a CCA to SSL with £1. Got the following today (view attachment):

They have basically said they have used the £1 towards the payment .... hhhmmmm

What shall i do now? Send them an SAR or send a CCA and SAR to Sunny?

Or just wait for SSL to contact us again?

[Amethyst]

Cheeky gits.



Dear SLL Capital

Ref:

Thank you for your recent letter dated xx June 2018. Contrary to the contents of your letter I have not made a payment to your company to be applied against the alleged debt and I require this sum to be removed and applied for the purpose for which it was provided, as detailed in the accompanying letter. For the avoidance of doubt, the £1 xxxxx cheque/postal order xxxx was sent to your company in it's capacity as Creditor as defined by section 189 of the Consumer Credit Act 1974 (The Act) and consitutes payment of the statutory fee required to make a formal request for a copy of the alleged agreement pursuant to s.77-79 of the Act.

You will, one would hope as an FCA authorised consumer credit firm, be aware of your statutory obligations to provide a copy of the agreement on request within 12 working days.

I look forward to receipt of the documents forthwith.

Sincerely

xxxxxxxxxxxx

[yus786]

Cheeky gits.



Dear SLL Capital

Ref:

Thank you for your recent letter dated xx June 2018. Contrary to the contents of your letter I have not made a payment to your company to be applied against the alleged debt and I require this sum to be removed and applied for the purpose for which it was provided, as detailed in the accompanying letter. For the avoidance of doubt, the £1 xxxxx cheque/postal order xxxx was sent to your company in it's capacity as Creditor as defined by section 189 of the Consumer Credit Act 1974 (The Act) and consitutes payment of the statutory fee required to make a formal request for a copy of the alleged agreement pursuant to s.77-79 of the Act.

You will, one would hope as an FCA authorised consumer credit firm, be aware of your statutory obligations to provide a copy of the agreement on request within 12 working days.

I look forward to receipt of the documents forthwith.

Sincerely

xxxxxxxxxxxx

Thanks for this. Will send out tomorrow