Thank you for your e-mail
We are sorry to hear of your sons difficulties and hope that we can be of some help. Initially we would suggest that if your son has not been given any mental health helplines and if he wished to acess these he could contact the MIND website and their helplines which may be of help.
Having spoke to our debt team regarding the debts your son and yourself are coping with please feel able to look at tghe following information from the National debtline on payday loans and a usefool tool at the end of the link called My Money Steps which may be of some help with helping your son take control of his finances
Factsheet | Payday loans
A payday loan is a type of cash loan, normally paid into your bank account. They are called ‘payday loans’ as they are intended to be short-term loans, meant to be paid back when you next receive your wages or benefits.
Important
Payday loans are non-priority
A payday loan is a non-priority debt because you cannot lose your home; lose an essential service or go to prison for non-payment.
Even though these loans are non-priority, they often cause other problems. The interest rates are usually very high and it can be easy for the debt to get out of control. Later in this fact sheet we cover alternatives to payday loan borrowing. We also cover the other common issues with these loans.
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My loan payment is due and I cannot pay
If you are in this situation, there are
two things to watch out for.
1. Loan rollover
Some payday loan companies may offer you a loan ‘rollover’. This means that your loan is rolled over for another month so you get extra time to pay. This may seem like a helpful solution if you are struggling to pay.
However, a rollover usually means you make a new agreement with the payday loan company. More interest and charges will be added so you will owe more than you did before.
AdviceIf you are struggling to pay one month, think very carefully about whether you will be able to afford to pay more the next month.
You should only consider a rollover if:
- your repayment difficulties are only temporary; and
- you are sure you will be able to clear the loan in full the following month.
2. Stopping your payments
If your loan repayment due date is coming up, and you cannot afford to pay, you can take action to stop your payment being taken. The action you need to take will depend on the repayment method you agreed with the payday loan company.
Direct debit or standing order
A
direct debit is an arrangement where you give a company or individual permission to take money regularly from your account. You can cancel a direct debit by writing to your bank or using your internet or telephone banking service. It is also a good idea to notify the payday loan company.
A
standing order is an instruction you give your bank to regularly pay a set amount to another account. You can instruct your bank to cancel a standing order by writing to it or using your internet or telephone banking service. The latest you can cancel a standing order is usually before the close of business on the working day before the payment is due to be made.
Payment by cheque
If you have written a cheque to the payday loan company for them to cash on the loan payment due date, you will need to cancel the cheque. You can do this by writing to your bank or using your telephone or internet banking service.
AdviceGive your bank as much notice as possible if you need to cancel a payment. They may not be able to stop the payment to the payday loan company if they are only given very short notice.
Continuous payment authority (CPA)
This is a payment method often used by payday loan companies. They are sometimes called ‘recurring payments’. A CPA means you give the payday loan company your debit or credit card details, and permission for them to use the card to take payment or payments, to repay your loan.
There has been a lot of confusion about CPAs, and the right to cancel them. If you have agreed to repay your loan in this way, you
can take action to stop the payment being taken. See the following section ‘Continuous payment authority’.
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Continuous payment authority (CPA)
Continuous payment authorities are covered by the
Payment Services Regulations 2009. These regulations set out how payment service providers, such as banks, building societies, credit card companies and so on, should operate payment systems.
Information
Know your rights
The Financial Services Authority (FSA) has a simple guide to your rights and bank accounts. It's called
Bank Accounts Know Your Rights, and can be found at
www.fsa.gov.uk.
The Payment Services Regulations make it clear that you can withdraw your permission for a payment, or series of payments, to be made using your debit or credit card. The regulations say the following about consent.
- “Part 55 (3) The payer may withdraw its consent to a payment transaction at any time before the point at which the payment order can no longer be revoked under regulation 67.
- Part 55 (4) Subject to regulation part 67 (3) to (5), the payer may withdraw its consent to the execution of a series of payment transactions at any time with the effect that any future payment transactions are not regarded as authorised for the purpose of this Part.”
- Part 67 of the regulations deals with time limits for stopping payments. For continuous payment authorities, this will usually be the end of the business day before the payment is due.
Information
Cancelling or withdrawing?
Technically, you need to withdraw your consent for payment to be taken, rather than cancel the CPA. However, the result is the same, so don't be put off if you hear different terms used.
How do I stop my CPA?
In the FSA booklet
Bank Accounts Know Your Rights, it states.
“In most cases, regular payments can be cancelled by telling the company taking the payments. However, you have the right to cancel them directly with your bank or card issuer by telling it that you have stopped permission for the payments. Your bank or card issuer must then stop them – it has no right to insist that you agree this first with the company taking the payments”.
To stop your continuous payment authority:
Advice
If your payday loan company is hard to contact
If you are finding it difficult to contact the payday loan company, for example, because they are an online company, contact your card issuer. Use the ‘
Withdraw your continuous payment authority from your card issuer’ sample letter (B) at the end of this fact sheet. Your bank should stop the payment or payments being taken, even if you haven't told the payday loan company.
Advice
Don't give up
You do have the right to stop your continuous payment authority. Because there has been confusion in the past, you may find that some banks say you can't, but don't give up.
If you withdraw your continuous payment authority and the money is still taken from your account, this is an ‘unauthorised transaction’. Your card issuer should give you an immediate refund. This should include any interest or charges added to your account because the payment was taken. See ‘
Complaints’ later in this fact sheet.
Remember
Get advice
Stopping payments to the payday loan company may help you pay your essential bills and living costs, but it does not mean you no longer owe the money. You need to get full advice on how to deal with the debt in the long-term.
Phone us for advice.
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Increasing your income
You may have taken out a payday loan, or be thinking about it, because you are finding it difficult to manage. Lots of people get into debt because they are not getting all the help they are entitled to.
Our ‘
Dealing with your debts’ pack has a section on increasing your income. The pack is available at
www.nationaldebtline.co.uk, or
phone us for a copy.
What benefits you might get will depend on your circumstances. Use an online benefits checker, for example:
Alternatives to payday loans
- Social Fund – this is a government scheme which offers a range of loans and grants. There are rules on who can apply. See our ‘Dealing with your debts’ pack at www.nationaldebtline.co.uk or phone us for advice.
- Credit unions – if you have a local credit union, you may be able to get a loan from them. Usually they only give loans if you have saved a certain amount with them first. You can search for a credit union near you at www.abcul.org.
- If you need money for food, furniture or white goods, see if there is a food bank or recycling project near you. You can search for a food bank at www.trusselltrust.org. For furniture, electrical items and white goods, try www.smarterbuys.org.uk. Your local advice agency, for example your citizens advice bureau, should also have details of furniture and white goods schemes in your area. See ‘Useful contacts’ towards the end of this fact sheet.
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Complaints
If you withdraw your continuous payment authority, and payment is still taken, your card issuer should give you an immediate refund. This should include any charges or interest added to your account because the payment was made. Use your card issuer's complaints process. If you still have difficulty, you can complain to the Financial Ombudsman Service (FOS). See ‘
Useful contacts’ towards the end of this fact sheet.
You can also complain to the payday loan company. If this is not successful, consider complaining to one of the payday loan trade associations. Not all payday loan companies will be members of each association. Contact the association to see if your lender is a member. See ‘
Useful contacts’ towards the end of this fact sheet, or
phone us for advice.
Information
Office of Fair Trading (OFT)
The OFT will not take up your individual case, but they can collect evidence which may help them to decide whether to renew the lender's consumer credit licence in the future.
Phone us for advice.
Advice
Dealing with your debts
If you have other debts, it is important to get advice about how to deal with all of them. See our ‘
Dealing with your debts’ pack at
www.nationaldebtline.co.uk, or
phone us for advice.
My Money Steps
My Money Steps is a secure, confidential, online debt advice service, available from National Debtline's website
www.nationaldebtline.co.uk.
If you would like to use My Money Steps you will need to enter some details about your circumstances, including your income and expenditure. My Money Steps can help you to work out a budget and give you personalised advice about what options you might want to consider to help you deal with your debts
We hope this may be of some help. In respect of your sons benefit situation it may be possibkle for him to access our service for a benefit check. He can do this by ringing our telephone advice line no on 08444 77 10 10 and we may be able to arrange for an adviser to contact him to provide this.
Kind regards
Birmingham CAB