Marshall Hoares - Can they say this

thebull91

Long time lurker here

Been in quite a mess with my own payday loans recently (I know, my own fault) but officially had my plan set up last week with CCCS. They told me to ignore NDR and their 'fees' and that these were scare tactics etc...

I receieved a letter through the door today from Appleton Massey Solicitors with the usual 'if you dont contact us' something about a CCJ. I'm not being ignorant here, as I am conciously making an effort to solve my debts... I'm just SICK of reading this stuff from them!

I sent NDR a recorded letter 2 weeks ago and every reply/contact I've had stated I've 'made no effort' bla bla bla.

I just want to confirm, Appleton Massey Solicitors are just another Debt Collection Agency right? And if I'm correct the letter they've sent me doesn't hold in regards to the fees being added legally as they claim? OR is it likely they will be pursuing a CCJ? (I've also noted that the letter is dated 04/07/12... I received it today being 09/07/12.. giving me '2 days' to act effectively)

Another thing, as I was reading this thread I though 'wow, I received any of these text messages that people are talking about' and them BAM:

NDR: XXXX you committed to a payment plan to settle your Toothfairy Loan. A payment of 36 is due tomorrow. Failure to honour this will lead to extra fees


Wow thanks... Am I correct in thinking I shouldn't worry here, or are these new letters/texts something I should be worrying about?


UPDATE: I have just receieved an email (so that a letter from AMS, a text from NDR and an email stating Toothfiary - really? 3 companies in 1 day?)

Stating the same as the text but with threats to issue home visits etc (in my recorded delivery letter i sent them 2 weeks ago I used the template stating I did not wish to receive home visits etc)... WHAT TO DO NOW

Mrs_Arcanum

I am presuming these PDL companies are not party to The lending code

Which states

Interest and charges concessions

224. Subscribers should consider reducing or stopping interest and charges when a customer evidences that they are in
financial difficulties. Such reduction/suspension decision should be based upon an income and expenditure statement
indicating that they are unable to make repayments sufficient to meet contractual terms. Where a customer is able to
make only token payments, their debt should not increase as a result of interest and charges levied. The assessment
should reflect the customer’s lack of ability to pay rather than the stage an account has reached in the arrears cycle or
whether they are using free sources of debt advice. Where a firm declines to allow concessions, they should be
prepared to explain why to the customer or their adviser if requested to do so.

225. It is inappropriate for interest and charges to continue to be taken where the result would be that the repayment period
for the customer becomes excessive. In forming a judgement on what might be excessive, a subscriber should take
into account the type of product and the individual circumstances of the borrower.

226. Concessions should not be arbitrarily withdrawn irrespective of a customer’s ability to pay or without any evidence of a
change in the customer’s circumstances. Expiry of a repayment arrangement should not automatically lead to the
withdrawal of concessions. This does not rule out regular reviews and if a customer’s position has improved then
interest and charges can be reintroduced.

227. Where possible, subscribers should have consistent policies for customers holding more than one product type in
terms of charges and interest concessions.

I know this does apply to banks, building societies and credit card companies, and quoting this to GE Banking did eventually (after a year) get my interest removed.

Hope it helps someone though.

billinghamfan

thebull91 wrote: »

Long time lurker here

Been in quite a mess with my own payday loans recently (I know, my own fault) but officially had my plan set up last week with CCCS. They told me to ignore NDR and their 'fees' and that these were scare tactics etc...

I receieved a letter through the door today from Appleton Massey Solicitors with the usual 'if you dont contact us' something about a CCJ. I'm not being ignorant here, as I am conciously making an effort to solve my debts... I'm just SICK of reading this stuff from them!

I sent NDR a recorded letter 2 weeks ago and every reply/contact I've had stated I've 'made no effort' bla bla bla.

I just want to confirm, Appleton Massey Solicitors are just another Debt Collection Agency right? And if I'm correct the letter they've sent me doesn't hold in regards to the fees being added legally as they claim? OR is it likely they will be pursuing a CCJ? (I've also noted that the letter is dated 04/07/12... I received it today being 09/07/12.. giving me '2 days' to act effectively)

Another thing, as I was reading this thread I though 'wow, I received any of these text messages that people are talking about' and them BAM:

NDR: XXXX you committed to a payment plan to settle your Toothfairy Loan. A payment of 36 is due tomorrow. Failure to honour this will lead to extra fees


Wow thanks... Am I correct in thinking I shouldn't worry here, or are these new letters/texts something I should be worrying about?


UPDATE: I have just receieved an email (so that a letter from AMS, a text from NDR and an email stating Toothfiary - really? 3 companies in 1 day?)

Stating the same as the text but with threats to issue home visits etc (in my recorded delivery letter i sent them 2 weeks ago I used the template stating I did not wish to receive home visits etc)... WHAT TO DO NOW

Hi

I was advised to contact the FOS, I phoned them and they are writting the first letter of complant on behalf of me.

I then contacted all the companies asking them to stop interest and cease contacting me till the complant is resolved, FOS gives you a reference number.

Hopefully this will help you.

thebull91

Thanks billinghamfan

I called CCCS today, they said to ignore it, and not to worry since they wont be pursuing a CCJ at the moment.

I will contact the FOS tomorrow

Mrs Arcanum (or for anyone who knows): is there any advice for decreasing the amount that NDR/Toothfairy/Appleton are adding on all the time? I've read elsewhere that it should only ever be the initial loan amount due plus 1 month of interest...

I don't want my DMP to be going towards these 'legal fees' (which I have expressed concern about) but not sure what to do in regards to that?

billinghamfan

thebull91 wrote: »

Thanks billinghamfan

I called CCCS today, they said to ignore it, and not to worry since they wont be pursuing a CCJ at the moment.

I will contact the FOS tomorrow

Mrs Arcanum (or for anyone who knows): is there any advice for decreasing the amount that NDR/Toothfairy/Appleton are adding on all the time? I've read elsewhere that it should only ever be the initial loan amount due plus 1 month of interest...

I don't want my DMP to be going towards these 'legal fees' (which I have expressed concern about) but not sure what to do in regards to that?

By contacting the FOS and making a formal compliant this should reduce the fees and interest but I will let you know when I receive a response.

Longhardslog

Hi I'm having issues with Speed Credit who aren't willing to enter into a debt management plan. I've just lost patience with all of these pdl companies Who charge extortionate rates, dont follow or act as responsible lenders and basically make our lives a misery. I want to know is anyone willing to provide any complaints to help me bring these sham organisations such as Speed Credit to justice.

(Text removed by MSE Forum Team)

Thanks guys

Ray

Small_Loan_Turns_Big_Debt

Hi there,

I took out a loan with Speed Credit of £400. Then I notified them that I could not pay and I had no reply. However they did reply after the date I needed to pay on and added charges; which totalled £1059!!! From a £400 loan.

Now I see you did ask for a payment plan with Northern Debt Recovery, I did the same thing and got the same !!!!!! response! We cannot enter you into a payment plan... Blah Blah Blah...

Although eventually I contacted Speed Credit themselves through there online form and requested a payment plan 'n' what do ya'know! Within hours I get a response from Northern Debt Recovery telling me that they have received the response from Speed Credit and are willing to put me on a payment plan. Now we all know that Tooth Fairy Finance, MCO, Northern Debt Recovery, Marshall Baliffs, Speed Credit, etc etc etc are all one and the same.

But I advise contacting Speed Credit directly, not only asking for a payment but also I complained about the service, how I was being ignored and also that I have tried contacting them so many times and they even had the cheek to say I hadn't been in touch!!! AND AND AND PLEASE DO REMEMBER WHEN YOU GET IN TOUCH WITH SPEED CREDIT USING THEIR FORM INSTEAD, TELL THEM YOU WILL COMPLAIN TO THE OMBUDSMON!!!!

Thanks,

fermi

MSE News: Payday lenders face OFT crackdown over debt collection

All the more important that people complain to the OFT now.