Payday Loan CCJ

[kate84]

Hi all,

I have been a lurker here for sometime, reading through various forums for advice.
I now have a problem of my own.

In 2009 I took out a payday loan with Tower Capital, I won't bore you all with my reasons for non-payment but it resulted in a CCJ registered against me in December of 2009.
I did receive the papers from the court to ask whether or not I accept responsibility, I agreed that I did.
The bill was the least of my worries at the time, that is no excuse but I was in a messy relationship, pregnant etc....

I forgot all about it until last year, I never received any letters from the company or the court from mid 2010 onwards...last year I checked my credit file and reality hit me that I had been a fool.
I researched Tower capital and could not find any information, a few sites informed me that they were no longer trading, after a few weeks of researching I left it alone.

This morning I received an email from Tower Capital, informing me that despite correspondence I had failed to pay my arrears.

I automatically replied to the company, informing them that I dispute the amount they have added the CCJ for and that they have not contacted me at all until now.

The loan amount was £100 and they CCJ is for £299.

The gentleman was quite rude, (I didn't expect him to be nice, I have owed this debt for years now!)

I asked for a breakdown of court fees, interest and a copy of the credit agreement, funnily enough, his previous two emails were sent in less than 10 minutes, I have been waiting for a reply to this one for nearly two hours! I informed him that I did accept responsibility for the debt, but not the amount. He informed me that for £149 the CCJ will be marked as settled.

My question is, is it worth me applying to the court to argue the CCJ as I do not agree with the amount or should I just suck it up and pay the £149? I'm also concerned that a judge would not be very impressed that I am only now arguing it, especially since I agreed in the first place.

I agree that £149 is a fair amount, I don't really want to apply to a court and pay a fee to be turned down and then have to pay the full £299 to Tower Capital.
I would rather not have a CCJ but I have lived with it for nearly 5 years anyway.

Does anybody have any similar experiences or advice?


Thank you,

Kate
x

[Amethyst]

Re: Payday Loan CCJ

Tower Capital of 15-16 Quay Street, Newport, Isle of Wight P030 5BG. They were told to stop lending in 2013 but haven't gone into administration or anything as far as I can see (So can still claim the CCJ from you as they have a judgment)

Hmmm, coincidentally,

14/08/2014

APPOINTMENT TERMINATED, DIRECTOR THOMAS EASON

wasn't Mr Eason that emailed you was it?

[Amethyst]

Re: Payday Loan CCJ

With regards arguing it in court I really wouldn't bother now, you're only a year off the CCJ falling off your file, and it's very unlikely you'd be able to actually challenge it after 5 years anyway.

So it seems they are offering you f&f settlement of £149.... I'd see if he comes back to you with the info you have asked for before doing anything further though.

[kate84]

Re: Payday Loan CCJ

Thank you Amethyst,

No, the first email was from 'collection manager', then a Martin Townend.

I did think that it was a bit pointless to try and argue it now, I also do agree with the figure they are asking for.

I told him that before we continue I would like a full breakdown. It is actually quite annoying that he is taking his time! I do want this over once and for all.
Although I am suspicious as to why he is taking his time!

Thank you for your advice.

x

[Amethyst]

Re: Payday Loan CCJ

Just a little odd they have waited 5 years before contacting you then just giving a massive discount. See what he comes back with though and ensure its in writing that any payment is in full and final and will mark the ccj as satisfied.

[kate84]

Re: Payday Loan CCJ

A little unreasonable but I sent another email half an hour ago, asking if he can give an approximate time-frame for the requested documents, still no reply.
I have just checked my bank statement and it was 5 years ago today that I took out the payday loan....yes, very strange that they waited 5 years!

In the first email I was informed that I had 7 days to make the payment or the account would be referred to a debt collection agency...I wonder if they are holding onto the documents until the last minute to then claim I did not pay and then charge the full amount again?

I will let you know if they ever do decide to get back to me.

x

[kate84]

Re: Payday Loan CCJ

I am now very confused, whilst waiting for Martin to reply to my email I went through my bank statement for 2009.
What I originally thought was a transfer from Tower Capital on 21/08/2009 was a transfer from txt loan.
In the year 2009 I had three payday loans, payday express, text loans and another company, no transfer was made by Tower Capital.
The only company that I had problems paying was txt loan.
Tower Capital did take £0.01 out of my bank on 27/08/2009 but nothing more, at that time I also had £200 available balance.
I must have taken out a loan with Tower Capital for them to take me to court yet I cannot find them, did they use a different name in 2009?

Anyway, 24 hours later Martin replied,

The paperwork you ask for was all included with the original Default Notice we sent, and has also been supplied to the Court prior to the Court Judgment being issued. This listed a breakdown of the total amount due under the Judgment and was accepted by the Court.As mentioned in my previous email - I can accept the sum of £149 as full settlement for a one-off payment which is the original amount owing plus the £25 court costs we had to pay. This will reduce the total amount by £143.
We will also then advise the Court that the Judgment has been settled so they can update their records to reflect this.
Please advise how you wish to proceed?

--------------------------------------------------
Dear Martin,

I appreciate that, but I am asking for a copy of all that information.
Once you have forwarded that information to me by email, I will then contact you in regards to payment.
Is there a particular reason why you are not sending the information to me?
As I have said previously we can continue once I have this information.
Whilst you are gathering the requested information could you please inform me of the date that the agreement was signed?
I would appreciate your full cooperation.
Kind regards.

--------------------------

The information has already been provided, both to yourself and the Court, so we are not obliged to send details again. You already stated that papers were previously received.

You can contact Liverpool County Court for clarification – CCJ reference ***********, however please also be aware that the account will be passed to our Collectors as per our original email.

I have been more than fair with the offer to reduce the charges significantly in order to resolve the matter.

------------------------

Dear Martin,

As this has been outstanding for some time it would be in the best interests of all concerned that this matter was closed, with payment being made. Yet you are being defensive and with-holding information for me to proceed.

You are putting words into my mouth as I said I received a court paper, I never said that I received any information from your company!

What is interesting is that you advised that I had 7 days, yet you are now informing me that this will be passed to a collection team. There are still 6 days left from your original comment.

I would like to add that I have been more than reasonable in contacting yourself to discuss this matter, yet you are being very unhelpful in allowing me to continue.

The CCJ was registered by Northampton Court, not Liverpool.

I am more than happy for you to transfer my account to a debt collection agency as they will be more willing to provide me with the information that I have requested.

As a further note, there is no record of Tower Capital/Tower Credit transferring funds into my bank account in 2009!

I am very sorry that this matter has not been resolved but as I have mentioned previously all I needed to proceed was the requested documentation.

I look forward to hearing from the debt collection agency.

Kind regards


-----------------

Why are they being so cagey? Over and over I have offered to pay the outstanding debt (all I want is the documentation first.)

What should I do now? Should I just pay it or wait for the DCA to contact me and ask them for the information?


Many thanks

x

[Amethyst]

Re: Payday Loan CCJ

Does the CCJ actually show on your credit file?

[kate84]

Re: Payday Loan CCJ

It does, it says it was added in December of 2009.
Martin has not replied, I'm assuming he won't now.

I am not trying to get out of my debt, I was willing to pay by bank transfer as soon as I received the old paperwork.

x

[Amethyst]

Re: Payday Loan CCJ

It's okay was just checking the CCJ was definitely there as in the past there have been 'misleading' documents sent out. Usually when you make an admission and offer to pay through the court you'd get an order to pay a certain amount each month.

May email Phil instead of Martin .... Philip.Valler@TowerCapital.co.uk

[kate84]

Re: Payday Loan CCJ

I may have received an order but in all honesty that period of my life is a bit of a blur. I don't understand why they have not tried an attachment of earnings.
Company check say Philip Valler left the board on 22/04/2013.

I will try and find another email address and email them instead.

Thank you for all your help, hopefully I can resolve this once and for all!

Will keep you updated.

x

[cathmac30]

Re: Payday Loan CCJ

Do you have a valid email address for anyone at Tower Capital. I have an unsettled ccj with them from 2009 and am in the process of trying to rent a new place so am desperate to get this old debt paid off but cannot find an up to date phone number or email address for them anywhere online. Thank you.

[Amethyst]

Re: Payday Loan CCJ

How old is this debt you have with them ? Have a look at the OFT requirements from Feb '14. Tower Capital Limited (company registration number 3065199)

Ahh 2009 CCJ - what does it say on your credit file ?

''£-2,061,742 Net Worth'' ouch but nothings happened with them at Co House since August -
Document
TM01 14/08/2014 APPOINTMENT TERMINATED, DIRECTOR THOMAS EASON
is the last thing.

[cathmac30]

Re: Payday Loan CCJ

The Lettings agency have told me to pay the debt and get a receipt and that way they can pass my credit check. It was actually a fairly small debt, I was in a bad mess at the time, and I am ready and willing to pay this immediately. Just frustrating as I can see no way of contacting them and actually getting this paid off.

[Amethyst]

Re: Payday Loan CCJ

Have you tried Philip Valler ? ( email addy earlier in thread ) or https://www.linkedin.com/pub/philip-valler/63/b30/8b0

Did they bring the claim themselves or through a solicitors firm ?