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Myjar/TxtLoan

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  • Myjar/TxtLoan

    I hope someone can help
    In 2012 I took out a payday loan for £100 with Txtloan. I did have a short job (permitted work) as well as my benefits however the job did not work out . I did not repay to anything and to be honest was in total denial . I then got lots of emails from Lucas Credit services which I ignored, I think I may have written telling them not to call me but I can't remember. In Feb 2015 I got an email saying that my account had been sold.
    This is the email

    19/02/2015

    Dear Lee,
    Your account with TxtLoan Limited will be assigned.

    You have an outstanding loan with TxtLoan limited, details of which are as follows:



    Loan reference number
    xxxxxx
    Customer number xxxxxx
    Your loan agreement date 11/06/2012
    Date your took your loan 11/06/2012
    Date repayment was due 26/06/2012
    Amount borrowed £100.00
    Amount now outstanding £272.50

    As you are not making any repayments to your outstanding loan and in accordance with the loan agreement between us, TxtLoan has decided to assign the account to MYJAR Ltd. The contact information for the company is:




    Address
    PO Box 609, Salford, M5 0HD
    Phone 0203 371 3080
    E-mail info@myjar.com

    The assignment is due to be completed on 28/2/15. MYJAR Limited, will then own the debt and all money due by you under this loan agreement, will be owed to them. MYJAR is authorised and regulated by the Financial Conduct Authority with interim permission number 658236.

    You will shortly be hearing from MYJAR and we would urge you to work with them to agree repayment of the sum that you owe.

    If you are in financial difficulty, please see the information on the attached sheet about where you can get free, independent debt advice.

    Yours sincerely,
    TxtLoan Limited


    I did not receive any other communication, no letters, no emails nothing.

    Today I received a txt saying I had an email
    This was the email

    We havecontacted you several times regarding your unpaid loan but have not receivedpayment from you – the balance now stands at £218.00.
    We arenow giving you 14 days’ notice of our intention to register a default againstyou. The default notice together with an information leaflet issued by theFinancial Conduct Authority is attached to this message.
    Registeringa default is the step that we must take before we are able to take legal actionagainst you. You can avoid this by repaying the money you owe or by contactingus and making a repayment arrangement. You must act without delay to preventthe default being registered.
    Yourssincerely
    MYJAR
    Collections and Recoveries






    IMPORTANT - YOU SHOULD READ THISCAREFULLY
    Dated:09/11/2015
    This isa Default Notice served under section 87(1) of the Consumer Credit Act1974 in respect of the Running Account Credit Agreement reference number 949934made between:
    • (1) MYJAR Limited, PO BOX 609, Salford, M5 0HD ('the Company')
    • (2) Lee

    Underclause 1.14 of the Running Account Credit Agreement you were required to repaythe total sum of £117.00 (loan reference: xxxxxx) no later than 26/06/2012.
    As youhave failed to make the repayment amount due on 26/06/2012 you are now inbreach of the terms of the Running Account Credit Agreement.
    As youhave failed to make this payment you have incurred late payment charges and thetotal amount of arrears is now £218.00.
    ActionRequired
    You mustnow pay the total of the arrears £218.00 to the Company before 23/11/2015.
    IF YOUPAY THE TOTAL AMOUNT OF THE ARREARS BEFORE 23/11/2015 NO FURTHER ENFORCEMENTACTION WILL BE TAKEN IN RESPECT OF THE BREACH.
    IF YOUDO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE 23/11/2015, THEN THEFURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.
    FurtherAction
    TheCompany will serve notice in writing demanding payment of the outstandingbalance. If nothing is received, the Company will bring proceedings against youfor the outstanding balance.
    In yourown interests you are strongly urged to contact the Company by telephone on 0203006 2000 quoting the above customer number if you cannot pay the arrears infull.
    IF YOUHAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHERACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE ANORDER ALLOWING YOU MORE TIME.
    Youshould be aware that if we take you to court and get a judgment against yourequiring you to pay us the money you owe us under the agreement, you may haveto pay us both the amount of the judgment and interest under the agreement onall the sums owed by you at the date of the judgment until you have paid thesein full. This means that even if you pay off the whole amount of the judgment,you may still have a further sum to pay.
    IF YOUARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE,YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOURNEAREST CITIZENS' ADVICE BUREAU.
    This noticeshould include a copy of the current Financial Conduct Authority informationsheet on default. This contains important information about your rights andwhere to go for support and advice. If it is not included, you should contactus to get one.
    Yours sincerely
    MYJAR
    Collections and Recoveries

    I have been reading around and can not work out what to do
    1)Was the first email a notice of assignment? If it was from what I have seen it is not right
    2) Can it be right or fair to wait nearly 3 1/2 years to issue a default notice
    3) 1st letter said the amount was £272.50 now it is £218
    4) I have been reading around about people claiming money back from pay day loans , my credit file was full of defaults at that time so they should never have lent me any money

    I don't know what to do, it seems like they are going to take me to court
    I have not acknowledged anything in nearly 3 1/2 years

    Any help please
    Tags: None

  • #2
    Re: Myjar/TxtLoan

    1)Was the first email a notice of assignment? If it was from what I have seen it is not right
    yes, but it's a slightly odd one as Txtloan rebranded to Myjar, so they weren't actually selling your debt to debt collector.

    2) Can it be right or fair to wait nearly 3 1/2 years to issue a default notice
    No. You can complain about this and go to the Information Commissioner if they don't backdate the default to 3-6 months after you failed to make the first payment.

    HOWEVER if you succeed with a claim that the loan was "unaffordable" (see below) then the whole credit record for the debt should be deleted. So at this point in time I suggest ignoring the default date problem and only coming back to it if you fail with an affordability complaint.

    3) 1st letter said the amount was £272.50 now it is £218
    Bank error in your favour ....

    4) I have been reading around about people claiming money back from pay day loans , my credit file was full of defaults at that time so they should never have lent me any money
    Here is my guide to how to ask for compensation for an "unaffordable" payday loan : http://debtcamel.co.uk/payday-loan-refunds/

    Comment


    • #3
      Re: Myjar/TxtLoan

      Also needs reporting to the FCA re the conduct of the company.

      nem

      Comment


      • #4
        Re: Myjar/TxtLoan

        Thank you
        As its 3 1/2 years since I have acknowledged payment would a request for having it removed reset the limitations clock or do you think they are going to take court action?

        I need to think about what to do.

        Comment


        • #5
          Re: Myjar/TxtLoan

          Asking to have it removed would I think reset clock after all you would only want it removed if its your debt
          Although I might be wrong

          Comment


          • #6
            Re: Myjar/TxtLoan

            Maybe I can send a letter asking them to prove what they claim I owe and point out that I understand that placing defaults so late can cause them problems.

            Comment


            • #7
              Re: Myjar/TxtLoan

              I have decided to send a letter , what do you think of this

              Dear Sirs
              Refxxxxxxx
              I recently received a text message from you regarding anemail that you had sent me. After some considerable effort I was able to findan email sent to an account that I no longer use, I have not been a customer ofxxxxxx for over 6 months now and stopped using them as my email provider somemonths before that.

              You email makes reference to an alleged debt to MyJar andincluded a default notice as well as reference to you applying a default to mycredit file in 14 days time . I would like to make the following points.
              1)Theaccount you refer to is one from June 2012 yet you are intending to default itin Nov 2015 some 3 years 5 months later.
              2)Ihave no knowledge of any debt owed to any company called MyJar or similar
              3)I would like to refer you to theguidance from the ICO on defaults; I have provided a copy for you records. In particularprinciple 4 that states:As a general guide, this may occur when youare 3 months in arrears, and normally by the time you are 6 months in arrears….and…Thelender must have notified you of their intention to register a default againstyou at least 28 days before doing so, in order to give you time to make anacceptable payment or reach an agreement with them on an arrangement.
              4)I require you to provide validation ofthe alleged debt including a statement that shows how the sum arrived as hasbeen calculated
              5)I require you to confirm that no defaultwill be registered on my credit file
              6)I shall be forwarding your email to theICO
              7)I am unhappy that you communicated in aninsecure way
              8)Any further communication must be inwriting by Royal Mail, electronic or telephone communication is unacceptable


              I look forward to hearing from you within a reasonabletime frame confirming that no money is owed and that no marker is placed on mycredit file. If you fail to address these points I will forward my complaint tothe Financial Ombudsman Service
              I am thinking of sending it from the email address that it arrived at (assuming it still works for sending emails) as it will be cheaper

              Any commen

              Comment


              • #8
                Re: Myjar/TxtLoan

                Sent the letter off, thank you for the opinions

                Comment


                • #9
                  Re: Myjar/TxtLoan

                  Hi again
                  I received a reply in the post from Myjar that seems to go into fantasy . They have sent me the assignment letter , a copy of a contract with no signature , not even a cross , comments about they didn't report to credit reference files until 2014.
                  I have checked Noddle and since Nov 2014 it has been showing as early arrears

                  They say that 14 days is enough notice to give for registering a default, can anyone tell me if this is correct

                  I want to write back saying
                  1) The assignment is invalid
                  2) Any default date should be from Dec 2012 at the latest
                  3) have checked my credit file and there are no searches from Myjar or txtloan for June 2012.

                  Any thoughts
                  I really need some help on this please don't ignore me

                  scan0001 (1).pdfscan0002 (1).pdf

                  Comment


                  • #10
                    Re: Myjar/TxtLoan

                    Oh I should have said, there was no Fos or FCA leaflet in the letter just a link on a typewritten letter

                    Comment

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