Final Notice Before Legal Action

reidy100_2 · 12 October 2010 at 4:21PM

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

eyeopener2 · 12 October 2010 at 4:38PM

Sounds like the usual scary tactics.

What have you done so far to pay them back. Have you made any offers? Whats the current position?

reidy100_2 · 12 October 2010 at 4:51PM

Hi eyeopener2

Offers of a repayment plan have been made and refused

We asked them to explain the different amounts on the letter and on the email they havent replied yet

We have asked them for their bank details so we can pay some money in to show willing, they have refused to give us their bank details.

Should we have received a Default letter before the above Final Notice.

PS can someone post the SAR Letter link pls

saltnvinegar · 12 October 2010 at 5:01PM

Hi Reidy

Who are the Payday Loan Company?

If you have made offers of payment did you send these via letter and recorded delivery?

Link to SAR - http://forums.moneysavingexpert.com/showpost.html?p=33791917&postcount=23

Best

SnV

eyeopener2 · 12 October 2010 at 5:06PM

I was just thinking...

Is a SAR appropriate? Its just that you will have to pay £10 for that info where what I assume your after is a breakdown of the account, which you don't have to pay for, ie a statement of your account. Your legally entitled to that info.

How much do they say you owe and how much do you owe?

And they always refuse payment plans you just have to pay it anyway. Could you send a Postal order to get things moving?

reidy100_2 · 12 October 2010 at 5:08PM

SnV The offers were made and refused via email I believe

The company is xxxxxxxxxx I do not want to divulge as I do not want to give them pre warning of my actions

Ta for the link

Anyone know if the letter is enforceable please??

reidy100_2 · 12 October 2010 at 5:14PM

eyeopener2 wrote: »

I was just thinking...

Is a SAR appropriate? Its just that you will have to pay £10 for that info where what I assume your after is a breakdown of the account, which you don't have to pay for, ie a statement of your account. Your legally entitled to that info.

How much do they say you owe and how much do you owe?

And they always refuse payment plans you just have to pay it anyway. Could you send a Postal order to get things moving?

The SAR is to spot and confirm any more errors they may have made procedure-wise which I believe they have.

They insist that a breakdown is available online, whether it states what interest rates have been applied I shall find out.

They have also charged 100pounds "Debt Recovery Costs" which I didnt think they are allowed to do???

A postal order is a good idea thanks

saltnvinegar · 12 October 2010 at 5:15PM

I think you need to get something in writing and sent recorded delivery.

If this ended up going to court then you can show that you have tried to come to a payment arrangement.

I'm not sure what you mean by 'Is the letter enforceable?' Are you looking to maybe use this as an arguement in a defence if it did go to court?

The reason why I asked which company it was is that they have their own individual tactics in trying to scare people.

Best

SnV

eyeopener2 · 12 October 2010 at 5:16PM

reidy100 wrote: »

SnV The offers were made and refused via email I believe

The company is xxxxxxxxxx I do not want to divulge as I do not want to give them pre warning of my actions

Ta for the link

Anyone know if the letter is enforceable please??

The letter means nothing Reidy, its just computer generated nonesense. The only things that are enforceable are court orders.

They may proceed to court action as you haven't fullfilled your contractural obligations however.......

Have you received a default notice? That is a prerequisite of any CCJ action.

Other than that there isn't a lot more I can say.

Good luck in whatever it is your planning. But remember that the longer this goes on the more interest could be applied to the account.

reidy100_2 · 12 October 2010 at 5:22PM

No Default Notice Letter has been received, the only letter we have is this Final Notice Before Legal Action
I believe we shouldve been sent the default notice first. (this is another thing the SAR would reveal, whether a Default Notice was issued and on what date).. OR not.

eyeopener2 · 12 October 2010 at 5:29PM

They don't have to send a default notice first, they can also add whatever costs are in the contract you sign.

I had loads of letters from payday loan companys before I received a default.

As SnV says, is this going to be your defence in court?

Good luck in whatever your planning, but be very wary of these sharks.

Final Notice Before Legal Action

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