PayDay loan company threatening police action

Daz78_2

Hi all
We are in a big mess and owe about 5 payday loan companies aswel as credit cards.
I have now been accepted onto Payplan debt management plan and making first payment next month.

Today one of the payday loan companies ( Swift money ) applied for the money but was declined as wages now go into new account with no debit card.
I emailed them advising of my situtation and letting them know payplan will be in touch within the next couple of weeks, this is reply I had from them :
"
<Forename>
We do not accept debt management arrangements.
When you took out the loan you stated that you were not in financial difficulty and that you would not require the help of a debt management company. This was obviously untrue and you therefore obtained money by deception and your application was fraudulent . We would normally go straight to court and the police, however, if you call us and make a direct repayment programme with ourselves we shall postpone this action. You must call us immediately to avoid this action.
Kind regards,

Swift Money
Customer Services "

I took this loan out nearly 3 months ago, me and partner both realised over xmas we need to get our debts sorted out which is why we are now with payplan.

Any advice ?

Will be speaking with payplan later today as cant really call from work.

Lucascain_2

Do you have a copy of the agreement you signed?

SuzySu

Seems a bit heavy-handed. How do they know that, since obtaining the loan, your circumstances have not changed? One reason why I would never ever ever ever deal with these sort of companies. Good luck.

CLAPTON

There is no realistic possibility of them going to the police... the police would see it as a civil debt matter.

They can of course apply to the courts for a CCJ but then so can any other of your creditors.

Check of course with Payplan

angeldiva

My advice is dont panic, they just sent that to get a reaction and hopefully a payment. Your cicumstances have changed from the time you got the loan to today so it doenst matter what you signed.

Just ingore them until you speak to payplan. Remember its one person on the end of that email which was designed to frighten you.

If you really feel like replying you could say your circumstances have changed since you signed and that the police wouldnt get involved as it is a civil matter this is 100% true.

You could also explain that payplan is a free debt management company (as they probably think you are paying them) and that you have been advised not to contact you at this time other than to let them know you are now with payplan.

Norfolk_Jim

These are just scarey bully boy tactics to try to get you to pay up pronto - which is why you should try at all costs to stay away from the likes of payday loans companies.
I'm sure others will give you more detail on how best to respond. Dont let them frighten you though, the police are not much interested in actual fraud much less people who find their circumstances change for the worse.

Broken_hearted

What a lovely company.:rolleyes: How can they send such crap out.

10past6

Daz78 wrote: »

We do not accept debt management arrangements.

Write back to them and ask them to confirm which part of OFT they're referring to?

Daz78 wrote: »

When you took out the loan you stated that you were not in financial difficulty and that you would not require the help of a debt management company. .

Inform them, that is correct as at that time, you WAS NOT in financial difficulties.

Daz78 wrote: »

This was obviously untrue and you therefore obtained money by deception and your application was fraudulent .

Give them 14 days to amend that statement or you will seek legal advice.

Daz78 wrote: »

We would normally go straight to court and the police.

Inform them "In these circumstances, I would normally hand issues of this nature over to legal representitive", however, I'm giving you 14 days to amend the statement.

Daz78 wrote: »

Will be speaking with payplan later today as cant really call from work.

It's up to you, but I really wouldn't involve Payplan, they'll not reperesnt you, or become involved, trust me

If you really want to make a complaint, contact your local TS / FOS / OFT etc., etc,.

Daz78_2

Thank you all for your advice so far, I cannot do much at min as at work, will be finishing early to get this sorted out.
Will post later as cant stay on net either at work !