QuickQuid and ARC DCA - Defaulted now and at Dead End with these two

[QueenAnne]

Hi,

Sorry it's going to be long. The background is that I am currently unemployed a few months now, so the financial damages start to mount, I start to reach the 3-months magical limit where defaults would be logged. So I try making payments to everyone from JSA (a true trick.) and I get behind on rent at the end of this week for the first time...
this comes in a situation where I could be working (having spent the past 2 months in a burocratic stall thanks to my home country taking their sweet time confirming I am not a criminal) - I have this role since December but could not start as it requires security clearance and finally the paperwork is compiled ready for submission to request it.

However my financials have changed, thanks to the aforementioned in the subject.

In december I had no Defaults, I had 1-month arrears max. Now I am in 2-month arrears on my CC's but maintained - they received payments this month so no Default gets logged there, and they are kept in the loop.... (thumbsup to Barclaycard offering a 30-day hold without any payment required, when I told them I'm waiting for the clearance.)

The aforementioned Quickquid I had an account with since early summer. I ended up in a situation where I couldn't maintain paying back in full (paydayloans - they get bigger and bigger by paid in full...) I asked them to let me pay in installments. They didn't discuss how much I could pay. They told me upfront it's £375/month. I couldn't afford and told them it's too high but they told me that is the only option.

I paid for the first month and failed the second. I got in touch, explaining I failed because I don't have £375 altogether - as I advised previously - and please look into lowering the amount. They said OK, they do instalments of the £375, 6x£60 will have to be paid. BUT - in their "helpful attitude" they refused to address the rest of the £375 instalments. I told them it's impossible this way, as it means the actual payment is £375+£60 next month... how could I pay this if I couldn't pay just £375? They didn't care.
They told me, to have lower instalments on the £375's monthly, I have to FAIL ON ALL £375 INSTALMENTS.

At that point I contacted Lloyds and withdrew the CPA - I did this by canceling the QuickQuid DD online. I advised QQ that I withdrew the CPA. I had no other choice! I can't pay £60 via DD and refuse the £375, it's all or nothing with the DD - and they didn't give me acc number to pay via bank transfer...

QQ debited my card the month after, Lloyds making the mistake of letting it through, but Lloyds reversed for me after I called them and referred to the relevant paragraphs in the relevant acts 2-3x plus told them exactly when were they advised that the CPA is withdrawn. They were so helpful they said they instal an automatic reversal, which they did, in case QQ tried to use my card details.
--- I say DD and CPA - because it was "Card not Present" but in the QQ agreement, and they use card details not acc details so it'd be according to CPA; but QQ logged it under DD on my account enabling me to remove the authority simply by removing the DD. I removed it online and Lloyds accepted that as notice when I talked to them (saying since it was there I considered that as notice... and ever since if I cancel or edit DD/SO, I do online it always works.)


QQ tried using my card, monthly meaning I was in standstill - either I enable them to use my card and they take whatever they wish or I do nothing - which was their own advice!
In the meantime I contacted them in august when it looked I may be able to pay in instalments of about £200 and offered them this. NO RESPONSE AT ALL to my emails.
They just kept charging my card monthly for amounts in the excess between £450-500 monthly.

I received no warnings, contacts or Default notice from them.

Then I was contacted by QQ (in early January) via email that they pass on the debt to ARC. (I can't recall a default notice - if they sent it was an email notice but I believe I got that from elsewhere not from these two.)
I responded to QQ to query why they never reacted to my offer and gave me these advices and also to get some info on their DCA as I had nothing from the DCA. NO RESPONSE except that they passed on the debt. It took a week to get contact details to ARC. I tried to get QQ to look into their "helpful attitude" and nonresponse to my offer, but what I got was they tried to help me! Literally stating this to describe their "cannot pay £375 so must pay £435 and more" - approach.

When I wrote to QQ becaue they sent me useless answers, that OK, they obviously tried to use my card details after CPA withdrawn, they gav me the advice of "get into late payment we only talk to you afterwards" and refused to lower the instalments, and I wihs to receive a final response, then ARC finally emailed me. The ARC email was an initial one "we took over..." and QQ provided a "final response" quickly maintaining they were helpful and did everything correctly. The QQ correspondence died out at this point. They stated I contacted my bank to get back the moneys charged - but it was automatic, as they had no authority and it has been proven to Lloyds so Lloyds didn't let them debit.
They never addressed why they didn't respond to my offer - not a word about it.

Still at this point, early-mid January, no Defaults on my records, QQ maintained payments.

I responded to ARC - 5 TIMES! I actually started tracking the emails by "this is my fourth attempt in response... " "This is my 5th attempt in response...." and so on. I got no response to my emails. I sent the first one nicely, explaining my situation and asking if they could 1) put the account on hold or 2) if not then advise me of a minimum instalment that could be acceptable for them.

After my 5th email and one that stated if they don't respond then the OFT or FOS or whoever governs them will learn about it, I received a long winded response... WITH SOMEONE ELSE'S ACCOUNT NUMBER, NAME AND DEBT AMOUNT!
I responded, stating this and that the email - as confusing as it is - seems to be unrelated to my issue as well.

They resent the SAME email with a red header "Ignore the previous email, this one has the correct details, we confirm we didn't disclose your acc details." - What do they tell the dude who's details I received?!
BUT - the email CONFIRMED THEY HAVE PUT THE ACCOUNT ON HOLD. 30 days... in early February (my first email to ARC was on 21 Jan... this amount of chasing made it well into Feb until they managed to respond.)

Today I got the call that my request for clearance will be submitted. Obviously I asked to be able to review my paperwork as my financials became a mess from a clean credit history.... but when I ran an updated report on checkmyfile.com.... voila:

DEFAULTS. In November, December and January, on the same account by QQ. 3 Defaults.... while the account has been confirmed to be on hold.



My questions:

1) their practice of splitting only instalments that are late not the whole amount, thus increasing the actual instalments to be paid if you fail to pay a single instalment - is this even legal?

2) my offer to them received no response in august and they kept debiting my DC despite me advising them mid-july that they no longer have the authority to do so - this is not legal either, is it? (I doubt Lloyds would've taken my side if this was legal!)

3) can a company log 3 consecutive default notices for the past 3 months, without serving me, while in touch with me and AFTER I complain about questions 1 and 2? While their DCA claims the account is on hold?

4) What about their DCA simply sending me this dude's name, account number and debt amount?

5) if anyone has any experience with SC's, how can I get granted with this mess. I will disclose EVERYTHING it's not like I want to hide this on my SC form - that's why I asked to be able to review the form - but do I have the slightest chance? My degradation of credit score corresponds with my loss of employment, it's clear from my credit history... but without the SC I will remain unemployed.

PS - QQ and ARC have been informed in early January that I am willing to do my utmost to agree and negotiate as I need to be without Defaults for the SC... and I was without defaults at the time. They logged these 3 backwards... so now my old SC application that was prepared two months ago looks like I was deliberately hiding what was not there 2 months ago. The level of the SC is the lowest.

Thanks a lot to everyone who reads through this and responds. I appreciate!!!

[QueenAnne]

Re: QuickQuid and ARC DCA - Defaulted now and at Dead End with these two

From
http://www.oft.gov.uk/shared_oft/bus.../OFT664Rev.pdf

"If a debtor is, or appears as if he may be, experiencing difficulties meeting repayments (for example, because an attempt by the creditor to recover a repayment is unsuccessful), we would expect the creditor, or the business seeking to recover repayment on the creditor's behalf, to exercise forbearance, and, if appropriate to do so, amend or suspend any continuous payment authority (or any other means of recovering repayments) in order that a more sustainable repayment plan might be agreed with the debtor.
Continuing to seek to extract any or all monies from a debtor's account, where a debtor has failed to make a full or partial repayment, by repeated attempts to exercise a continuous repayment authority would, in the OFT's view, constitute an irresponsible lending practice for the purposes of section 25 (2B) of the Act since such a practice facilitates 'failing to treat borrowers in default or arrears difficulties with forbearance'.
The OFT considers the inclusion of a term in a contract that facilitates the misuse of a continuous payment authority in this way, in itself, to constitute an irresponsible lending practice."

i sent this to QQ after I received yet another high-handed 3 liner complete with an exaggerating statement like "we responded numerous times to your complaint..." Or something like it.

i highlighted I send this in response to the conduct of them refusing to alter the £375 when I contacted before due date to advise I can't afford, and when I failed on payment they basically increased this amount topping it with instalments of the failed payment up to £430.

in my complaint I included that I had loans with them from late 2011 for obvious reasons of rolling over - repayment and having to take out again. I can't access my old account with HSBC yet to list all payments (in progress) but I listed all payments in 2013 and highlighted that during the repetitive take out of the loans they deemed £1560 as a single repayment affordable from a salary of £2300. That's 2/3 of the salary with my rent and bills also disclosed to them.
i listed this after reading through the survival guide that can be found on this site

I mentioned also that I the debtor nominated email as my preferred communication (there's a part of this doc that mentions the debtor can do this), and they never emailed between my offer sent to them (they tried to direct me to chat or call to which I repeated that preferred communication is email) and the debt referral notice.

this time I got some "your issue is being investigated by the resolutions team" and a new ref number.

No one responded here (I know the post is long and confusing sorry) but I found the doc browsing the forum and well, the OFT must regulate these people. I'll update when I get some update. If anyone had ideas for me though please let me know, I'd truly welcome it. (I might be annoying I know. Sorry)

[QueenAnne]

Re: QuickQuid and ARC DCA - Defaulted now and at Dead End with these two

This arrived today from ARC Europe!

I have received instructions this morning that we are to close our file on this matter and QuickQuid has taken back the conduct of your account. I therefore understand that QuickQuid will contact you directly on this matter in the near future.

Any idea what I can expect now?
I complained - A LOT - to QuickQuid about their conduct and how they treated me (see my previous post for example) ever since they emailed me their "debt referral notice" handing me over to ARC - QQ didn't contact me since I sent the OFT document and quoted it, but this happened. I got really loud and angry, I still am really angry at them.

Ps - I understand ARC had issues with the QQ personnel writing "your account has been sold to ARC Europe" when they tried to brush away my complaints and direct me to ARC. Someone please could you explain?

[QueenAnne]

Re: QuickQuid and ARC DCA - Defaulted now and at Dead End with these two

keep responding to my own thread by myself

QQ called from one of their happy Hawaiian number at 20:20 - they don't get picked up because I wrote at least 5 times by now that I want everything in writing.
So I emailed them, advising the same again, directing them to the OFT if they don't know what I am talking about - and to ensure they abide by it, I wrote that under the Data Protection Act 98 I withdraw consent to store or use my phone number. Tho I wondered if those in Hawaii know what consumer rights are and what DPA 98 and ICO and OFT stand for (and QuickQuid's mum, CashEuroNet is incorporated in the US...)

Suppose it gives me silence until tomorrow night when they'll start ignoring this. After all they ignore consumer rights in general, like an all too familiar bad habit they can't break with.

Is anyone reading this thread? Please respond you do... I feel like crazy talking to myself

[Amethyst]

Re: QuickQuid and ARC DCA - Defaulted now and at Dead End with these two

First sign of madness you know xx

Ummm I'll read back but your first post is a little bit long so might take me a while, I'll peruse whilst I have my dinner - looks like you're doing pretty dandy on your own but I will return shortly xx

[Amethyst]

Re: QuickQuid and ARC DCA - Defaulted now and at Dead End with these two

Okay lets try cut this down a little bit so you can get some help

1: You took out a payday loan with quikquid

2. You couldn't repay it because, basically, they are insane

3. You offered lower monthly payments, they refused, continued to charge your card £450 odd each month but you'd cancelled card authority

4. They passed it to ARC Europe for collection but without sending you a default notice

5. You complained to ARC and they said oh bugger and gave it back to QQ to deal with

6. QQ still refuse to deal with you despite you offering affordable payments and sending an IE they want half your income each month for them?



Other issues

You got someone elses details in an email ( write to said person and tell them about the breach and they can complain about breach of DPA )


If I have that wrong can you do a simple point list so we know what needs to be sorted - I think its basically that you want QQ to listen, stop adding charges/interest, quit bugging you, and accept a sane repayment proposal ?

[QueenAnne]

Re: QuickQuid and ARC DCA - Defaulted now and at Dead End with these two

1. Took out a payday loan with QQ in 2011
it started to accumulate into 2/3 of my salary as monthly payment, I tried to break this cycle paying them off but couldn't come up with how to make up for the largeamount

2. Contacted them that I can't pay, they told me the only option then is 4x £375, without any review of whether it's affordable


3. I failed on the second £375 and contacted them, they broke up the missed amount into 6 instalments and added these on top of the other £375. So even though I failed on £375 already I was to pay £435 (approx) afterwards


4. Contacted them again before due date that it won't be possible, they refused to help or change DD (now I know they used dd, but I think they got CPA authority with the contract not dd) and basically they claimed that I must fail in a payment for them to do anything - meaning I must fail on all payments since if I fail on one, they just break it up and add in addition to the upcoming payments thereby every fail would increase the next payments.


5. At this point I contacted Lloyds and they were banned from using my card or debiting. They absolutely ignored this fact and tried to take money from me every month.


6. I wrote to them with an offer - actually the offer was lump payments twice at a later date (within 3 months both) to pay off all. They didn't respond except that I must call their Hawaii number or use the chat. I repeated that I want email and that is my preference, and they never responded. They kept trying to debit me but Lloyds automatically returned these to my account.


7. They never sent a notice, but emailed me a "debt referral notice" that my acc "has been sold" to arc Europe but they failed to give contact details to arc. This was on 14 January.


8. I complained to QQ, questioning their previous conduct in terms of asking why they didn't respond to my offer. To this I got some useless response which prompted me to complain about the whole conduct above and referring to the data protection act, request the disclosure of all account and loans details and communication. To this I got that "if the payments Lloyds charged back would've stayed with them they could've helped" (basically 'pay us full then comes help..'., before it was 'fail on all then comes help..'.) so I wrote a long letter with everything and sent it to them noting that the FOS and oft escalation is next. They returned to the tactic "you're account has been sold to arc, contact them for assistance" - but I pressured and persisted to QQ.


9. After my first complaint they logged three defaults (nov, dec, jan) and 20+ closed accounts on my credit report. I complained again to QQ. Arc during this time did nothing (except once falsely sending me the other guys debt, but his email wasn't included) - arc assigned some legal rep who contacted me to confirm they logged no defaults. Back and forth emails I disclosed my financials to this legal rep, and he confirmed the account is on hold. Then today he wrote that he was advised to close my file cos QQ is taking it back from them.


10. The new development: QQ called at 20:20 so I wrote they should delete my number (again under the DPA 98) and I don't consent to calls, but repeat that they should email. They emailed basically with yet another righteous highhanded email trying to prove me that the above conduct was correct. I just sent a long-winded angry response. It seems to me they took back the account cos I quoted the oft guidelines and said I'll report them but it seems they try to forcefully sweep it under the rug by hoping they can push hard enough for me to give in.
just to end it on a funny note: dude from QQ tonight in his email said I could pay off in a lump sum £1060 and it'd all be dealt with (or can chose their instalment payments: £375/month, no doubt!)

[Amethyst]

Re: QuickQuid and ARC DCA - Defaulted now and at Dead End with these two

Blimey, well I was nearly there, you're shouting into the wind a little bit really aren't you.

So what's on your credit file now, 20 accounts from QQ all saying 3 months in default ?

What does your income/expenditure show is a reasonable offer?

[QueenAnne]

Re: QuickQuid and ARC DCA - Defaulted now and at Dead End with these two

I think you were right for the most part just added my usual ramblings

I'm on benefits only (comes to £640 / month = HB £352 + JSA £288)
I'm 1 month behind rent £1150. So my I&E ATM shows nothing is affordable.

I gave the full picture to ARC just before the account was "taken back" by QQ. QQ does not ask for I&E their approach was "First, I want to tell you that all communication will be with QQ. Second I want to make an agreement how you pay £1060, in short term instalments or lump sum." They didn't ask for affordability at all, again.

I sent an extremely angry, shouting email to QQ last night. I didn't say anything obscene but that's only cos I don't do that in general. We'll see. Cos they also want me to call their Hawaii number, and all the rest of the idiotism they maintained all along. I seriously wish they left the acc with ARC! At least there the legal rep was actually respectful and handled me as a human being, not some inferior animal who has to be kicked until she gives in.

PS - I swear I googled it before asking, what is Shouting into the wind? Regardless, I am sure I do it.

[Amethyst]

Re: QuickQuid and ARC DCA - Defaulted now and at Dead End with these two

What is their Hawaii number?

[QueenAnne]

Re: QuickQuid and ARC DCA - Defaulted now and at Dead End with these two

00 1 (808) 234-4558
hi, usa

[QueenAnne]

Re: QuickQuid and ARC DCA - Defaulted now and at Dead End with these two

Emailed QQ again yesterday, since the statutory time frame for the SAR has passed and they haven't even mentioned it yet, let alone asking questions or advising of fees etc. I highlighted they had the legal obligation to respond within the time frame they ignored. Got this below response in an instant - it also addresses some other issues I have - but does NOT address the defaults. It also talks of two loans and I am lost as to what two loans, I only had one... but I presume it's the fact that they handled the £375's as separate loans to be able to create the instalments if one is late, without affecting the rest.... I find it disgusting imo, and not sure if this is correct without the debtor's approval. As for the default letter, I received it in this email. Could be backdated for all I know and created yesterday.
However I just obtained my January credit report and the account is not defaulted at all, it's 1 month in arrears for December. My February report shows all three defaults dated backwards. So I am not at all happy yet though the response lists some great achievements (I bolded.)

[...removed the surprisingly nice introduction...]

With respect to the overall service received, after careful review of your account Quick Quid can accept and agree that the service was not up to our or your standards. As a result of your overall feedback Quick Quid is forgiving all finance fees associated with the active loan chain, which leads to a total credit of £468.74 for finance fees on loans xxxxxxx and xxxxxxx. In addition to crediting all finance fees on the active loan chain, Quick Quid is providing an additional £100.00 credit off your balance due to the poor service received in relation to your communications. I once again sincerely apologise for any inconvenience caused. My goal from this point forward is to help resolve this outstanding complaint amicably, and I feel very confident that if given the chance we will be able to do just that. Please note that the new balance on the account has been reduced to £492.69 after the overall credit of £568.74 was processed on the account.


In response to your default letter query, please be advised that I have attached the default letter sent to yourself. Should you have any questions on default letter attached, please don’t hesitate to ask. On the matter for your Subject Access Request, we are in receipt of your request dated 23/01/2014, I apologise for any delay in responding to your request – what I would like to know to further assist with the request is what specific information you’re looking to be provided in relation to your file and account. Please note that while there is a charge that comes with this SAR request, Quick Quid will also be waiving that charge as a gesture of good will. Please simply advise what specific information you’re looking to obtain, as well as what address you would like it mailed to, and I will ensure this request is taken care of.


Lastly, I want to be very clear in communicating that your account is currently on a permanent hold while you and I correspond with each other. No further action that would be described by yourself as forcing anyone to pay will be conducted. I want you to know that during the time in which we’re discussing your account, you should not be receiving any further communication from Quick Quid that would pertain to any collection efforts. At this point what I would suggest that we do is put your account on hold for 3 months effective today and reconvene in 3 months to discuss your financial position. At that point we can start up new dialogue in relation to your account.

[Amethyst]

Re: QuickQuid and ARC DCA - Defaulted now and at Dead End with these two

WOW. I'll just pick me self up off the floor. You seem to have got through to them, whether they stick by it or not is another matter, but thats a fabulous start. Keep at them

[QueenAnne]

Re: QuickQuid and ARC DCA - Defaulted now and at Dead End with these two

Yea I thought exactly the same!! It's unbelievable totally. I have read it like 5 times until I could believe they sent this, it's in written form... But I don't believe still that they MEANT TO send this and do these things.
still I'll fight those defaults. I made an offer and they didn't even react, but kept abusing my card - here they acknowledge it wasn't right. If they reacted properly back then I would've never gotten a default, especially since it was logged in February... My complaints were to QQ between 14-25 January so the default is after that... Which stinks! So we'll see how it turns out. If they do these things and plus also waive the defaults then I'll settle.

ps - funniest part that at the end of last month they added separate accounts for every loan rolled over. It gave me the proof against them: 2 years of documented debt struggle on my credit file, for payments around £1500/month, deemed "affordable" though it's over 2/3 of my salary.