Speedy Loan which I have not had now demand payment

[bikerchic2]

Hi

My son has just recently been getting demanding letter from Gothia regarding an alleged loan he took out in December 2012. The loan was via the internet and was for £500 and is now standing at £1076.00. We have written to Gothia explaining that my son has never had any dealings with Speedy Loans and we would need to see any documentaion they have regarding this alleged debt. Gothia have sent us an electronic credit agreement which was allegedly signed by my son electronically. They have also sent a copy of a statement which we have never seen before. Apparently the loan was to be paid back by debit card each month and surprise surprise no payments have been made. We have never had any calls. emails or letters from Speedy Loans and have only had 2 letters from Gothia. What would be the next step and where do we stand legally. We have no idea how or where the money was loaned to.
Thanks
Sally:tinysmile_cry_t:

[wales01man]

Re: Speedy Loan which I have not had now demand payment

whose DEBIT CARD WAS GOING TO BE USED TO PAY THIS ALLEGED LOAN BACK@

[Inca]

Re: Speedy Loan which I have not had now demand payment

Ok,,Devils Advocate here...........is your son telling the absolute truth that he never had this money?
As wales says...check the account the payments were to be made from.

I believe that once you have absolute proof this is not his debt he can pop to a court and swear a declaration to that effect.
Is it possible he has been 'cloned' btw?
I'll flag this up for a better informed Beagle to pop in

[charitynjw]

Re: Speedy Loan which I have not had now demand payment

Hi bikerchic2,

Cybercrime is estimated to cost the UK £27 billion a year, £3 billion of that to individuals.

http://www.telegraph.co.uk/news/poli...ys-Cooper.html

If you/your son are sure that you have been victims, report it to ActionFraud, & inform Gothia of same, & ask them to put a hold on collection activities.
http://www.actionfraud.police.uk/

[charitynjw]

Re: Speedy Loan which I have not had now demand payment

Damn! - I forgot the Golden Rule; ALWAYS get proof of postage!

:tinysmile_cry_t: Site rules - punishment is 100 lines!

I must not forget the Golden Rule.
I must not...........................

[enaid]

Re: Speedy Loan which I have not had now demand payment

You say they sent you a copy of a statement that you have never seen before,what was on that statement and in whos name?
Is it a statement showing the £500 was paid in?

[bikerchic2]

Re: Speedy Loan which I have not had now demand payment

Hi
The statement was showing a payment of £500 debited but it just says internet !! no account details. The branch used was in London and we live in Derbyshire. I have reported it to Action Fraud and told Gothia that we dispute this debt and for them to put it on hold. They did hold back until they sent us the statement and the copy of the alleged agreement, now they are chasing payment again. I have asked my son re is he sure and he says that 100% not him. He was unemployed at the time so nothing other than jobseekers payments going into his account.

[labman]

Re: Speedy Loan which I have not had now demand payment

Payday Loans are regulated by the Consumer Credit Act. I would send the statutory £1.00 fee with a S78 request:

Address

Date

Dear Sir,

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

I look forward to hearing from you.

Yours faithfully,


TYPE NAME (Do NOT Sign)

[enquirer]

Re: Gothia chasing my son for a loan from speedy cash he did not take out

This needs to be addressed at once.

Contact his bank and the police. Inform Speedy Cash (in writing, send Recorded Delivery), that this is a fraudulent transaction and that should they pursue the matter they will be required to disclose where the money was sent, from which IP the transaction was initiated, and so forth.

It might also be wise to consider a Statutory Declaration.

[charitynjw]

Re: Speedy Loan which I have not had now demand payment

& ensure you get proof of postage.

[Inca]

Re: Speedy Loan which I have not had now demand payment

Keep absolutely every piece of paper connected with this,,keep a diary of everything,,don't talk to them on the phone...and as Nobby pointed out GET PROOF OF POSTAGE

Good luck

[bikerchic2]

Re: Gothia chasing my son for a loan from speedy cash he did not take out

Thanks enquirer, I have reported it to Action Fraud. I will write to Speedy Cash this week and send recorded. Thanks for the advice and I will let you know the response.

[bikerchic2]

Re: Speedy Loan which I have not had now demand payment

Thanks for the advice guys. my son is really worried bless him as he's never dealt with anything like this before. I will keep you posted re the response from them.

[labman]

Re: Speedy Loan which I have not had now demand payment

Just to check as I can't see it has been mentioned yet. If you know which bank the money is being taken from, have you cancelled any recurring payment authority? If not, you need to do so. I know it is allegedly fraudulent, but worth mentioning just in case.

[CleverClogs]

Re: Speedy Loan which I have not had now demand payment

Just to check as I can't see it has been mentioned yet. If you know which bank the money is being taken from, have you cancelled any recurring payment authority? If not, you need to do so. I know it is allegedly fraudulent, but worth mentioning just in case.

Try reading the original post:

Apparently the loan was to be paid back by debit card each month and surprise surprise no payments have been made.

What recurring payment authority had you in mind?