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Cariad77

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  1. Have included the contract (minus personal details) so that others may compare/offer advice on the legalities of the agreement and the common myth that an office in Malta gives them the right to do as they please. Check out the highlighted areas, one which states that you agree to communicate by e-mail, I guess that means that under contract you are under no obligation to return any of their calls. The terms and conditions of the credit agreement and the broker agreement are as follows: 1. The credit agreement is made between us, the creditor and you, the debtor named above on the terms set out above and below. The credit agreement comes into force when it is signed and dated by the creditor. 2. The broker agreement is made between the broker and you, the debtor named above on the terms set out above and below. The broker agreement comes into force when it is signed and dated by the broker. 3. The credit agreement has been introduced to the creditor by Northway Broker Ltd. trading as Pounds Till Payday, acting as your credit broker of Level 8 Suite, 3 Plaza Commercial Centre, Bisazza Street, Sliema, SLM15 Malta, whose e mail address is customercare@poundstillpayday.co.uk 4. In the credit agreement and broker agreement reference to; a. "The broker" means Northway Broker Ltd.. b. "Cancellation Event" means the date upon which you exercise your right to cancel under clause 10 below. c. "E mail address" and "e mail addresses" shall be either or both of the e mail addresses specified in the agreement above and any change of e mail address notified from time to time by either party to the other. d. "The parties" mean the parties to the credit agreement and the broker agreement. e. "Payment Date" means the payment date shown in the Key Financial Information section above. f. "Payment Due" means the total amount payable shown in the Key Financial Information section above together with any sum due under clause 12 below. g. "Your Account" means the account of a bank or other financial institution whose details (including debit card details) you have provided to us at the time of your application or provide at a later time with a view to sufficient funds being deposited in that account by you to enable us to take the Payment Due from you. 5. The credit agreement and broker agreement and all other communications between the parties are to be provided by way of electronic means (except where provided otherwise by any statutory provision). By signing the credit agreement and the broker agreement you agree to a. receive all communications from the creditor and broker and to send all communications to them by electronic mail at the e mail addresses notified. b. notify the creditor immediately in the event that you i. Change your e mail address (in which case you must notify us of your new e mail address), ii. No longer have an e mail address or have no means of receiving any electronic mail from the creditor. 6. You agree to pay to the creditor the Payment Due on the Payment Date. You authorise the creditor to take from your account at any time on or after the Payment Date the Payment Due (or, at the creditor's discretion, any part of the payment due). 7. The fee payable to the Broker will be collected by the creditor from the payment due on the Payment Date. 8. All sums owed under the credit agreement shall become due and payable immediately upon the creditor giving you notice if a. you have provided the creditor or broker with any false information when you entered into the credit or broker agreement, or b. a statutory demand is served on you or any other steps are taken by you or any person to make you bankrupt, or. c. The events in clause 5 b) ii above occur 9. You must inform the creditor in writing within fourteen days of any change of name, postal address, job or any other circumstances relating to your ability to discharge you liability under the credit agreement. 10. You have a right to cancel the credit agreement within 14 days commencing on the day after the creditor gives you the loan. If you wish to cancel the credit agreement you can do so by the following means a. By sending a notice to the creditor in writing at Level 8 Suite, 3 Plaza Commercial Centre, Bisazza Street, Sliema, SLM15 Malta or Suite 39, Unit 4, Old Down Business Park, Emborough, Radstock BA3 4FG, UK. If you send a notice by post, then your notice will be taken to have been given on the day it was posted. b. By leaving the notice at Level 8 Suite 3, Plaza Commercial Centre, Bisazza Street, Sliema, SLM15 Malta or Suite 39, Unit 4, Old Down Business Park, Emborough, Radstock BA3 4FG, UK c. By sending a notice to the creditor by electronic e mail at customercare@poundstillpayday.co.uk d. By sending the creditor a notice by fax at 08000 66 45 27 11. If you decide to cancel the credit agreement you will have to repay to the creditor as soon as possible and in any event within a period not exceeding 30 days from the day of the cancellation event a. (subject to b) below) the total of the following: i. the amount of credit stated above, plus ii. 50% of the loan fee and iii. 50% of the broker fee (which the creditor shall collect on behalf of the broker). b. the total amount payable, where the sums referred to in clause 11 a) above are not repaid by the payment date. The creditor shall notify you of the amount payable by you under this section upon receipt of your cancellation notice. 12. You may also be liable for any other reasonable costs and charges that we incur or pay to a third party, including collection agency fees and legal costs which arise out of your breach of the credit agreement and any costs we may incur if we have to trace you. Such costs or charges will be payable by you upon demand being made by the creditor. 13. The "creditor" shall include any successors in title or assignees of the creditor. The creditor may transfer its rights and responsibilities under the credit agreement (in whole or in part) to another person or may appoint any third party as agent to take any steps on its behalf to recover any payment due under the credit agreement. 14. The credit agreement and the broker agreement are governed by English Law 15. The creditor is licenced by the Office of Fair Trading of Craven House, 40 Uxbridge Road, Ealing, London W5 2BS. Our consumer credit licence number is 574990 16. The broker is licenced by the Office of Fair Trading of Craven House, 40 Uxbridge Road, Ealing, London W5 2BS. Our consumer credit licence number is 574988 17. Both the creditor and the broker are members of the Consumer Credit Trade Association (CCTA) and subscribe to its code of conduct. The CCTA operates a reconciliation service and arbitration scheme for customers who cannot resolve a complaint with member firms. You will be given details of this scheme if any complaint you may have cannot be resolved. 18. All terms and conditions, correspondence and any communication from the creditor or the broker will be in English. 19. You should be aware of the possibility that other taxes or costs may exist in addition to the sums referred to in the credit or broker agreement which are not a condition of the loan or broker agreement or imposed by the creditor or broker.
  2. Take care to read the contracts with PTP, the one I signed clearly stated that they were governed by English law.
  3. Hi Lizzie, The address I made my complaint to was Northway Financial Corporation Ltd, Level 8, Plaza Commercial Centre, Bisazza Street, Silema, SLM 1640, Malta. I actually e-mailed them direct with my complaint though have mislaid the address (CC'ing a copy to PTP customer support). I'm sure someone on the forum will have it. They responded within 14 days after investigating my claims. As has been stated here, it is really important that you save texts, voicemails and gather statements from colleagues if appropriate. Thankfully, I had done this, though was never asked to supply it to Northway. As was stated to me over the phone by PTP agents, 'we record every call', talk about shooting yourself in the foot. On reading my contract, I realised that this company acted as a 'broker' (charging me a fee). My contract also stated nothing about waivering the right to call me at work or discuss my account with third parties. The OFT regs are clear and easy to interpretate. The breaches relevant to me included: disclosing private information to a third party causing public humiliation not giving enough warning about a collection agent visiting my place of work (something they cannot do anyway and I had them for lying about this as well). Clearly you can wait for Clarity to take over but unless something is done about this practice, we inevitably allow it to happen to many others after ourselves. Stand strong Lizzie and good luck!
  4. Result! After following legal advice to complain to PTP customer support over their agent's blatant disregard for any of the OFT or DPA laws I have received confirmation from PTP that they will no longer be seeking recovery of my debt and will be investigating the agents in question. It is apparent that PTP customer support and colleagues at Northway Financial are unaware of the illegal bully boy tactics or unwilling for them to be exposed. My advice would be to record every phone call (where possible), save every threatening text and take statements from work colleagues or family members as to the information that was given to them by any PTP collection agent. Then cross reference this to the OFT and DPA laws (easily available online) to see how many have been breached. Despite my grievances with this company, I have been impressed with the response from Northway Financial's head address. Good luck to anyone else currently dealing with PTP.
  5. Am also currently dealing with PTP and an overdue loan. One individual, 'Gerry McGuire', has clearly been assigned my case and regularly calls my work, mobile and family members in complete disregard to OFT and DPA. Sadly, I enjoy the conflict and relative ease of winding his Irish snarl into a rant. Best tactic is to get him to keep repeating what he's just said and throwing his insults, ie. 'you're a liar' back at him in true petty playground fashion. Ringing him a few times a day for a general chat is my next tactic and if he's not available leaving him messages to call back on premium rate numbers. Just wanted to know if anyone else has had dealings with this parasite and how you go about reporting him on a more official level. As much as I enjoy my new friendship with 'Gerry', I can't see us lasting!
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