Final Notice Before Legal Action

[Delboy01]

My wife has received a letter from a payday loan company headed with the above stating "on the 10th Oct the matter will be referred to our doorstep collection agent to recover this debt as they see fit" We have informed them that they must not send anyone round without an agreed appointment, which we will not give of course.

It goes on to state "If we are unable to debit the full amount on the date stated we will start legal action against you on 15th Oct"

This letter is not Dated and also has an incorrect Amount Overdue (as agreed by themselves) and also has no signature either

Am I right in thinking this letter is illegal or at best been incorrectly issued.


Many Thanks

Delboy

[Delboy01]

Re: Final Notice Before Legal Action

PS Am I right in thinking that we shouldve been sent a Default Notice Letter before the above letter??

[Amethyst]

Re: Final Notice Before Legal Action

Can you give us a bit more on the background of the loan please.

They have been very precise about the date on which they will take legal action. Have you been in touch at all since missing repayment day with regards setting up an arrangement ? I assume the doorstep guy didnt show.

[Delboy01]

Re: Final Notice Before Legal Action

Can you give us a bit more on the background of the loan please.

The loan was for 100 pounds just over 2 months ago, the current amount owing includes interest and Debt Recovery costs. ATM the debt stands at 330+

They have been very precise about the date on which they will take legal action. Have you been in touch at all since missing repayment day with regards setting up an arrangement ?

Yes we have, all offers of a repayment plan or the offer of 150 pounds in FanF have been refused point blank as well as refusing to give us their bank details to enable some amount to be paid off the arrears



I assume the doorstep guy didnt show.

He hasnt turned up yet:tinysmile_hmm_t2:

[Amethyst]

Re: Final Notice Before Legal Action

Cool, and they have no access to your bank account (DD set up?) or credit/debit cards (recurring authority etc?) Just to make sure they cant just try whip it out.

you are communicating your offers etc in writing arent you ?

[Delboy01]

Re: Final Notice Before Legal Action

Cool, and they have no access to your bank account (DD set up?) or credit/debit cards (recurring authority etc?) Just to make sure they cant just try whip it out.

you are communicating your offers etc in writing arent you ?

Not in writing but via email which are in a folder. They have now provided us with their bank details which we asked for so can now begin to pay off the debt. Have resubmitted our offer for them to reconsider and to freeze any further interest charges. Although I am baulking at paying the 100 pound "Debt Recovery Costs". I simply do not want to pay that.

[Delboy01]

Re: Final Notice Before Legal Action

Just a little update, received a Court Claim for 460 pounds inc court fee, for a 100 pound loan. We have continuously been sending emails re settlement figure and requesting details of amount owed, and requesting interest freeze and been paying a minimal monthly payment.

We have not received any letter or communication from them for 3 months. Their website is only allowing us to view the growing amount without details of charges and interest rates etc.

So need a bit of advice, we have received it today, stamped 7/1/2011 and got just 14 days from that date??? We intend admitting part of the claim but not all

Help needed pleeez.

EDIT its from Brentford CC can we change that??? We live in Bromley.

[The Debt Star]

Re: Final Notice Before Legal Action

I thought you lived in Peckham Del Boy?

Can't you just make them a Without Prejudice offer to settle this?

[Delboy01]

Re: Final Notice Before Legal Action

I thought you lived in Peckham Del Boy?

Can't you just make them a Without Prejudice offer to settle this?

We did make an offer early doors of 150 pounds which they ignored and havnt communicated with us since, that was 2-3 months ago. Repeated emails from us go unanswered.

We can not now make any offer, I am out of work, we have not paid this months mortgage but hope to be able to pay a tiny amount towards that before end of month.

[The Debt Star]

Re: Final Notice Before Legal Action

We did make an offer early doors of 150 pounds which they ignored and havnt communicated with us since, that was 2-3 months ago. Repeated emails from us go unanswered.

We can not now make any offer, I am out of work, we have not paid this months mortgage but hope to be able to pay a tiny amount towards that before end of month.

There's a CCJ at stake here Del. Will be on your cred files for 6 years. Life sentence. Try and avoid it if you can. Beg, borrow, steal. Find that money, send them a F&F & without prej offer by special delivery so they can't jolly well ignore it.

It aint worth getting a CCJ for £100 debt man. You know that.
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In fact, if you make an offer, DON'T send it without prejudice. Ignore that bit. You WANT the court to know that you've made a reasonable offer and so that you can produce that offer in court if you have to.

[Delboy01]

Re: Final Notice Before Legal Action

How much do I offer?? The debt of a hundred pounds (paydayloan) is now 460 Which includes (see above) a "debt collection" fee of 100 pounds:tinysmile_hmm_t2:

Bear in mind our circumstances paying them 300+ pounds means no mortgage paid for a second month. HMMn CCJ or road to repossession ??

Decisions

EDIT

PS Our Credit profile is shot to pieces anyway.

[The Debt Star]

Re: Final Notice Before Legal Action

Yeah but CCJs are treated differently to Defaults 'n' s**t like that and imo should be avoided if at all possible.

I would make them the offer for the loan plus whatever interest is rightly due on it but not the DCAs fee or court fee. Why should you? You made every effort to contact them direct and to discuss a settlement.

Might be worthwhile you asking Curly Ben for his thoughts on this as its not really my area and I'm just attempting a common sense approach to this, which may be wrong!

[Delboy01]

Re: Final Notice Before Legal Action

Yeah but CCJs are treated differently to Defaults 'n' s**t like that and imo should be avoided if at all possible.

I would make them the offer for the loan plus whatever interest is rightly due on it but not the DCAs fee or court fee. Why should you? You made every effort to contact them direct and to discuss a settlement.

Might be worthwhile you asking Curly Ben for his thoughts on this as its not really my area and I'm just attempting a common sense approach to this, which may be wrong!

Agree but they have deliberately let the debt mature with absolutely no comms from them at all. I do not agree that the since accumulated is fair, we have tried to deal with them, with no reply. I almost want to go to court to explain the unfairness of this matter. Can I file an acknowledgement of service to give me more time??

[The Debt Star]

Re: Final Notice Before Legal Action

Del you need someone experienced in that area, which I am not. Try sending a Private Message to one of the site team and someone should come on board.

I totally understand your point about interest. It just seems such a small amount to get yourselves a CCJ record over. Maybe best to leave the anger out of it and just focus now on getting shot of this problem and moving on?

BTW, don't bother emailing the creditor. Always write to them and get proof of posting eg send it by recorded post.

[Caspar]

Re: Final Notice Before Legal Action

I'm not going to try and advise either as I think you need someone who really knows their stuff. Try send a pm to one of the following (or all of the following):

Curly Ben, Amethyst, Tools, Celtico, Mr Righty, Sapphire, Tuttsi - all experienced and if they can't deal with it will point you to someone who can. CB is normally the one for DCA's, but this goes a bit beyond that in that they're deliberately stalling to run up your debt, so legal expertise is needed as well.