Tower Capital - How to deal with?

mrjam

I took out a payday loan foolishly with this company over a year ago. Now the loan was for 75 pounds, with a repayment of 100 pounds or so, during the loan term of around 3 weeks i opened a new bank account and had my salary paid into there, obviously the direct debit didnt go through so i contacted them to pay the balance, they told me i had to supply debit card details and i couldnt pay by any other method, i saw that as quite suspiscious so i kept emailing them again and again saying i want to pay it but im not giving my new debit card details, they never responded to over 10 emails, i then sent them 2 recorded letters both saying the same, both signed for, one with a cheque for the balance, again they never responded and the cheque was never cashed. 8 months later i receive county court letters stating i owe them 590 pounds, i sent to the court a letter explaining that i had contacted them on more than 12 occasions with absolutely no response whatsoever, and also sent the court copies of all the emails, post office signed for proof, etc etc. The court STILL ruled in their favour so now i have incurred a CCJ and have 30 days to pay almost 600 pounds or get the CCJ.

I had a look at my credit rating a few weeks ago, and saw that Tower Capital had credit checked me on more than 6 occasions over the past 2 months.... i contacted them asking for documentation that i have signed saying that i have given them permission to credit check me at any given time, at the same time i requested they send me a copy of the credit agreement taken out at the time. They responded saying that they would. I then received an email saying they had sent it recorded delivery (after 13 days).... its now been 20 days since i requested the documents and i havent received anything, by normal post OR recorded delivery as they suggested. They are now ignoring my emails again.

I was under the impression that if they dont send you the requested credit agreement within 12 days then the loan isnt valid somehow? They are complete scam merchants and im disgusted they have gone this route when i offered payment on more than 12 occasions.

Hope someone can clarify the above for me.

Tixy

Did you attend the court hearing? Did you complete the court forms and on that did you accept that you still owed the money? If you did then despite your letter the court would rule in favour of them.

If the credit agreement isn't supplied to you within a reasonable timescale they cannot take you to court. However in your case they have already taken you to court and have already obtained a CCJ against you, so whilst they should still supply you with the credit agreement it doesn't prevent them enforcing the CCJ they have already got.

If you felt there was a genuine case to get the judgement set aside that could be an option you look at. But it does cost a fee to do this so is only worth considering if you feel you have a strong case (if you have already admitted to the court that you owe the debt then it could be difficult to get it set aside).

Do you not have a copy of the original loan agreement yourself?