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  • FIRST POST
    JayD6
    Payday Express - Cancelling/Withdrawing Loan
    • #1
    • 5th Sep 12, 1:23 PM
    Payday Express - Cancelling/Withdrawing Loan 5th Sep 12 at 1:23 PM
    Hi All,

    I took out a Loan with Payday Express on the 1st September in order to pay an urgent tax bill that i received last week. I have now been given the money from elsewhere and called to ask if I could cancel my loan for 735.
    After speaking to a number of staff at PDE, i have been informed that I am unable to cancel the loan as this is an ongoing loan facility. Below I will supply a copy of the e-mail sent to them. The reply i received, along with a copy of the agreement that was signed in August 2011. Advice would be excellent.

    Email To PDE:
    Good Afternoon,

    I am contacting you once again in regards to my recent loan that was taken out with you on the 1st September that i would wish to withdraw.

    I have been informed by members of your staff that as I am not a first time customer of Payday Express, I am not permitted to withdraw from my Loan Agreement.

    After contact the Consumer Action Group and consulting the Irresponsible lending
    OFT guidance for creditors, I can confirm that this is a breach of the OFT guidelines.

    The Irresponsible lending OFT guidance for creditors states the following.

    "The right of withdrawal
    The creditor should inform the borrower of the effect of the exercise of any right
    of withdrawal from the agreement and how and when this right may be
    exercised.
    The right of withdrawal under section 66A of the Act applies to all
    regulated consumer credit agreements except where the agreement is:
    a) for credit which exceeds 60,260
    b) a credit agreement secured on land
    c) a restricted-use credit agreement to finance the purchase of land
    d) an agreement for a bridging loan in connection with the purchase
    of land or
    e) an overdraft agreement (except for overdrafts for non-business
    purposes where the credit is not repayable on demand or within
    OFT1107 | 26
    three months).

    Borrowers have a period of 14 calendar days (from the date calculated in
    accordance with section 66A(3) of the Act) in which to withdraw from a
    credit agreement without giving any reason.17"

    I requested to withdraw my loan yesterday and was informed that I was unable to. I would advise that you please contact me as soon as possible in order to resolve this issue. This incident WILL be passed to the appropriate authorities to investigate should this not be resolved urgently.

    Kind Regards,
    According to the agreement that I was sent by the team leader it does state that 'this is an ongoing loan account facility' therefore my right to withdraw was 14 days from when that was signed (About a year ago). The loan agreement is then 're-activated' when a new loan is taken out (is this allowed!) I did actually send PDE an email about a month ago, asking them to remove all of my details, so this 'ongoing agreement' should have been terminated at that point anyway, however I am unsure whether i am able to locate this email. Below is a copy of the email that i have recieved from the PDE Team Leader.
    Dear Mr ****,
    I write with regard to our telephone conversation a moment ago, please find attached as requested a copy of your credit agreement which was electronically signed on 19th August 2011.

    To confirm, this is a running account loan facility and therefore you have only electronically signed this one agreement since 19th August 2011. You had the right to withdraw from this agreement at any time before the end of 14 days, beginning with the day after it was signed.
    On every subsequent application you have made, this credit agreement has been reactivated.
    The balance of 937.50 is currently due on 28th September 2012 however should you have any further queries on this matter please do not hesitate to call me on the number below. Alternatively you could respond to our Customer Care department via the email address above.
    Kind regards
    Below is a copy of the original agreement
    Type of Credit: This is a running account loan facility which enables you to draw down on
    your Credit Limit until you have used up the entire Credit Limit shown
    below.
    Credit Limit: SUM 320.00 This amount may be varied to such a sum as may be
    determined by us from time to time and notice of it will be given by us to
    you.
    Provision of
    credit:
    The initial advance will be credited to your bank account on the day this
    agreement comes into force, up to the Credit Limit. You may during the
    currency of your agreement take further advances if the total value not
    yet repaid is less than the Credit Limit.
    Duration of
    Agreement:
    The initial period is 42 days and we may extend it for a further 28 days.
    APR: 596.3% (Variable) In calculating the APR we have assumed that we both
    keep to the terms of this agreement, the interest rate does not vary and
    that you have loaned the full amount up to your Credit Limit and repay it
    on your Repayment Date.
    Rate of Interest: Interest is charged on the amount borrowed at a rate of 25.00%
    equivalent to an annual rate of 217.41% (variable)
    The amount of interest is applied to the loan on the date this agreement
    is made and at the time of the new advance for any subsequent
    advances.
    We may vary the rate of interest charged under your agreement. We will
    only do this in respect of any further draw downs or where you request
    an extension of the initial period. Notice of any change will be given to
    you prior to the interest being applied to your account.
    Number of
    Repayments:
    1
    Repayment Date: Repayment will be taken on 30/09/2011
    Amount of single
    repayment:
    50.00
    Total Amount
    Repayable:
    50.00
    Charges: If you fail to repay the loan on the Repayment Date we may charge you;
    1. interest on any unpaid sums for such period as the payments are in
    arrears at the rate set out above.
    2. each missed repayment will incur a 15 default fee to cover
    administrative costs we incur in assisting you in the management of
    your account, notably letters, emails and telephone costs to you.
    3. any reasonable costs we may incur in taking any other steps to
    enforce, or attempt to enforce, our rights under this agreement. This
    may include tracing you if you move address without notification;
    returned payments, debt collection or court action.
    MISSING PAYMENTS
    Missing payments could have severe consequences and make obtaining credit more difficult.
    If you fail to make the payments on the due date actions we may take include the following:
    1. Refer the matter to our debt collection team
    2. Send your account to external debt collection agency
    3. Commence court action for recovery of the amount you owe
    4. Seek payment(s) from your account on subsequent dates using the payment card you have
    provided (see term 9 below).
    RIGHT OF WITHDRAWAL
    You have a right to withdraw from this agreement at any time before the end of 14 days
    beginning with the day after the day on which the agreement is made. You must notify us of
    your right to withdraw either orally (by telephoning us on 0800 0126 860) , in writing to us at
    Express Finance (Bromley) Ltd, 4th Floor Northside House, 69 Tweedy Road, Bromley, Kent,
    BR1 3WA or by email to
    Once you have notified us that you wish to withdraw you must repay the amount of the credit
    TERMS AND CONDITIONS OF THE AGREEMENT
    without delay and in any event within 30 days after you have given us notice. You must also
    pay us interest during this period (which amounts to 0.24 per day).
    Early repayment
    You have a right to repay the credit early at any time in full or partially. You should let us
    know that you want to repay early either orally (by telephoning us on 0800 0126 860) or in
    writing to us at Express Finance (Bromley) Ltd, 4th Floor Northside House, 69 Tweedy Road,
    Bromley, Kent, BR1 3WA and we will let you know how much you will have to repay.
    Termination by you
    You have the right to terminate this agreement at any time. You will then be required to
    repay the amount you owe us.
    Schemes
    We operate a complaints procedure in the event that you are dissatisfied with an aspect of
    the service we provide. Full details are available upon request. If any complaint you make is
    not resolved to your satisfaction then you may also be able to refer your complaint to the
    Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR.
    Supervisory authority
    We are licensed under the Consumer Credit Act 1974 by the Office of Fair Trading of
    Fleetbank House, 2-6 Salisbury Square, London EC4Y 8JX.
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