Quick Quid D/D issue and DPA breach **

[lord_tiger_putin]

They also registered a DN against my name without the required notice. Did send a SAR to them and are waiting to see what they will com up with!!

[richardmc]

I think this situation is daft.

 

If you borrow money from these companies you have to expect that there are going to be charges if you do not pay them back on time. What on earth makes YOU think that you can make them wait and simply cancel the DD? Surely the best option would have been to call them to make alternative arrangements.

 

I have used Quick Quid in the past and I think the service they offer is reasonable and fair. Yes it is expensive, but a short term, instant loan without a credit check is always going to be expensive as it is a risky business to be in.

Your personal situation of not having enough money at the right time is your fault not theirs....

[26072004]

Troll

[postggj]

o dear

 

yet another troll

 

yes you borrow money, the creditor expects you to pay it back

 

WITHIN THE LAW

 

THATS UK LAW

 

NOT AMERICAN

[vjohn82]

I think this situation is daft.

 

If you borrow money from these companies you have to expect that there are going to be charges if you do not pay them back on time. What on earth makes YOU think that you can make them wait and simply cancel the DD?

 

Are you saying that a company can take money from your account without authorisation and that, in the event of owing money, that this would be considered an acceptable practice?

 

 

 

I have used Quick Quid in the past and I think the service they offer is reasonable and fair. Yes it is expensive, but a short term, instant loan without a credit check is always going to be expensive as it is a risky business to be in.

 

Your personal situation of not having enough money at the right time is your fault not theirs....

 

Did I make this claim at any stage? No. Would me being placed in this situation still grant them authority to remove money from my account without authorisation? No.

 

Bye troll.

[robjam1969]

If you have ever seen my thread on the online conversations with Muck Hall then you will know I am very tongue in cheek on these matters

 

I will sort out a new account number for the missus and keep you all updated on the outcome.

 

Out of curiousity... do they mess up your credit file too?

 

Cheers

 

This is handy as one of the DCA's they pass to is Muckhall, you can always hope. Gothia are also a favourite.

[vjohn82]

Looks like this one is going to turn into a court case.

 

Default has been registered for the value of the original loan + interest. Trouble is the "default" has been registered in the absence of a Default Notice served under s.87 of the CCA 1974 and the figure defaulted contains punitive charges.

 

The default is also registered in the name of "CashNETUSA".

 

Here's a copy of the record:

 

 

Note that the account balance is "0" and that the default has a "settled" date. All quite peculiar!

Edited October 30, 2010 by vjohn82
title

[vjohn82]

This is the legal letter they received from me two days ago but keep replying (via email) to speak to Mackenzie Hall who are handling the account.

 

 

WARNING – LETTER BEFORE LEGAL ACTION

28/10/10

 

Served via email to:

settlement@quickquid.co.uk

support@quickquid.co.uk

 

Quick Quid

Communications House

26 York Street

London,

W1U 6PZ

 

REF: 1469060

 

Notice of Legal Proceedings

 

 

To Whom It May Concern,

 

I am expressing my dissatisfaction with the entire process I have endured with QuickQuid and I have compiled a report of all financial irregularities and Data Protection breaches committed by your association collection agents (Mackenzie Hall and Meritforce).

 

The outline of my main complaint, which I believe gives rise to a cause of action in the courts, is the issue of the default placed on my credit file. I have attached a copy for your perusal. The following issues are evident:

 

1) The information is being recorded by CashNETUSA whose registration with the Information Commissioner is non-existent. As their registered office is in the USA there appears to be a jurisdiction issue aside from the fact that the group that controls CashNETUSA (Cash America Net Holdings, LLC) also own CASHEURONETUK LLC. Proving jurisdiction in this matter is a mere formality in this regard. Therefore a default has been registered on my credit file by a non-existent company for the purposes of Data Protection Act 1998 and the company responsible for filing such data is liable to a fine and criminal conviction under the Data Protection Act 1998.

 

2) The actual default itself is not verified with any written Default Notice formed and served in accordance with section 87 of the Data Protection Act 1998.

 

3) The Default sum registered is not accurate; the sum is made up of unlawful punitive charges which are not recoverable in common law. The balance recorded is made up of these charges therefore any default notice which included these charges would be inaccurate and therefore not correctly filed under s.87 of the CCA 1974. I also refer you to the UK precedents in:

 

a) Dunlop Pneumatic Tyre Co. Ltd. v New Garage and Motor Co. Ltd. [1915] AC 79

b) Wilson v Love [1896] 1 QB 626

c) Bridge v Campbell Discount Co. Ltd. [1962] AC 600

d) Murray v Leisureplay (2004)

 

4) The record states that the date the account was satisfied was also the date that the Default occurred. It is non sequitur to have a record in default the date it was also satisfied; this demonstrates that a company is acting in a vexatious manner as recording an account in default where in fact the company has taken the decision to reset the amount to “zero” does not give any prospective creditor the opportunity to make an informed decision on the creditworthiness of the prospective debtor.

 

Conclusion

 

In my opinion the record is filed in error and without reference to the laws laid down by British Parliament in the form of the Consumer Credit Act 1974/2006 or with any respect to the Data Protection Act 1998 and associated schedules therein. The cause of action is damage to credit profile and the unlawful recording of personal data not in keeping with the principles of the Data Protection Act 1998 found within Schedule II of said Act.

 

Furthermore, it is a fact that the account was subject to a significant complaint (regarding direct debit conduct) prior to the filing of the default and it is felt that the account was defaulted in a vexatious manner in order to dispose of the complaint rather than deal with it in line with the Acts and regulations mentioned above. As you already have these complaints in writing it would be uneconomical to repeat them here but if you require copies please state so in your reply.

 

Settlement

 

I am willing to discuss any matters pertaining to this prospective legal action and of course discuss a way in which these matters can be resolved outside of the court process. Part of any settlement discussion will involve removing the default record from my credit file in its entirety, and certainly in its present form, and to open a line of discussion where matters can be settled conclusively between us. You may also discuss these matters with my husband, xxxxxx xxxx, who has my full authority to act in any way benefiting my needs in this action.

 

I require a full response to this letter, dealing with the points above in a comprehensive manner, within 14 clear days of receipt. This gives you until Friday 12th November 2010 to provide a response to prevent a court claim from being issued. Please note it is my intention to file this claim without further notice on expiry of the deadline as your firm have been in receipt of my previous complaint since August 2009. Please note that the Pre-Action Protocols require both parties to communicate outside of court with a view to settling matters. I trust your firm are interested in opening up a dialogue in this respect and it goes without saying that any such refusal will be reported to the courts upon the filing of the claim.

 

They keep replying with this:

 

Edited October 30, 2010 by vjohn82
title

[vjohn82]

Could be relevant I suspect...

 

Section 19: Unfair relationships between creditors and debtors

 

46. Section 19 inserts a new section 140A after section 140 of the 1974 Act.

 

Section 140A(1) enables a court to make an order under the new section 140B, inserted into the 1974 Act by section 20 (see below) if it finds that the relationship

between the creditor and the debtor arising out of a credit agreement, or that agreement taken with any related agreement, is unfair to the debtor. A relationship

may be unfair to the debtor because of one or more of the following:

 

• any of the terms of the agreement or any related agreement;

• the way in which the creditor has exercised or enforced any of his rights under

the agreement or any related agreement;

• any other thing done (or not done) by, or on behalf of, the creditor (whether

occurring before or after the making of the agreement or any related

agreement).

[broken arrow]

Subbing

[dadofholly]

Subbing

[vjohn82]

Enjoy reading through the credit agreement attached...

CCA Info Removed.pdf

[coledog]

Subbing

[postggj]

you need to find out to begin with if quick quid have sold the debt by absolute assignment to muck hall

 

if muck hall are only collecting on behalf of

 

QUESTIONS NEED TO BE ANSWERED

 

i need to know how much was the original loan and how much was the interest payment ,ON THAT MONTHS LOAN

 

did you ever roll over the loan

[vjohn82]

you need to find out to begin with if quick quid have sold the debt by absolute assignment to muck hall

 

if muck hall are only collecting on behalf of

 

QUESTIONS NEED TO BE ANSWERED

 

i need to know how much was the original loan and how much was the interest payment ,ON THAT MONTHS LOAN

 

did you ever roll over the loan

 

Hi,

 

Muck Hall are only the collection agent.

 

Original loan: £200

 

Original APR: 924.79%

 

Loan was "rolled over" and the newest interest rate is as contained in the attached CCA was 1.733,54%.

 

As a point of note my wife took out a payday loan with them a month or so previously and the APR was 3.210,19%. WOW. Never knew.

 

Why is this information important anyway?

 

Oh and thanks for dropping by

[postggj]

These payday loans are on a monthly agreement unless you roll it over by consent

 

if you default, the max they can charge is one months interest as after that the agreement is terminated

 

i make it £200 loan

interest rate £70

total £270

 

so where does the £324 come from

 

are muck hall adding there own charges

 

anyway the default notice (amount) is inacurate so woodchester comes into the equation

 

you need a full statement of account

[vjohn82]

These payday loans are on a monthly agreement unless you roll it over by consent

 

if you default, the max they can charge is one months interest as after that the agreement is terminated

 

i make it £200 loan

interest rate £70

total £270

 

so where does the £324 come from

 

are muck hall adding there own charges

 

anyway the default notice (amount) is inacurate so woodchester comes into the equation

 

you need a full statement of account

 

Key points:

 

1) There is no default notice (none has ever been served)

 

2) The £324 appears to come from the £250 (£200 original loan + £50 roll-over fee) + £50 (interest fee on roll-overed loan) + £24 worth of punitive charges

 

3) Muck Hall adding no charges

 

4) The default is marked as "settled" on the credit file with an outstanding balance of "0"

 

5) The loan wasn't repaid following a dispute over their deduction from my account multiple payments to cover the roll-overed debt despite this not being in accordance with the D/D Guarantee. QQ refused to uphold the complaint so we reached a stand off

 

6) I was made an offer of £162 to clear the account in full and final settlement

[postggj]

Roll over fee of £50

 

all you should be paying is the extra months interest

is that in the t&c

 

did qq give a final response as such with the option of passing up to the fos

[vjohn82]

Roll over fee of £50

 

all you should be paying is the extra months interest

is that in the t&c

 

did qq give a final response as such with the option of passing up to the fos

 

Yup; £50 roll-over fee.

 

I think it is in the t&c.

 

I'll post the entire correspondence string since the original complaint from QQ (I don't have copies of what I have sent them).

[vjohn82]

Email replies received...

 

Dear xxxxxxx,

Customer # xxxxxx

Date 10/08/2009

 

We received your email regarding your loan balance and your situation has been noted. Your account is been forwarded to a manager for review you will be contacted regarding this issue.

 

Collection procedures will continue until an acceptable payment arrangement is made.

 

Niyoka B

 

Dear xxxxxxx,

 

 

I have reviewed your loan history, and the two direct debits you are referring to is a redeposit of a direct debit that was submitted on 31 July 2009 and dishonored by your bank on 03 August 2009. These transactions were authorized by you when you sign the contract at 01:03 AM on 24 June 2009.

 

According to Section DEBIT AUTHORISATION of your loan contract:

 

“If a debit is returned unpaid or dishonored for any reason when it is first presented by QuickQuid for payment, QuickQuid may re-present the debit for payment to Your Bank Account or your Debit Card by presenting two separate debits for the total amount that is payable by you. QuickQuid may do this on more than one occasion.”

 

Your signed loan contract authorises QuickQuid to access your bank account or debit card in order to collect on outstanding balances.

 

As of 10 August 2009 your account has a default balance of £62,00 due immediately.

 

Please be advised that collection procedures will continue until an acceptable payment arrangement is made.

 

If you have any queries, please contact our Customer Support team via phone, email or online chat.

 

Curtis T

 

Notice of Payment Past Due

 

Dear xxxxx,

 

Customer ID#: xxxxxxxxx

Total Amount Due: GBP 312,00

 

You currently have one or more payday loans from QuickQuid which are past due. Because of these overdue payments, your customer status has been changed to "In Default".

 

Below is the list of loans which are past due:

 

ID: xxxxxx

FUNDING DATE: 26/06/2009 AMOUNT: GBP 200,00 DUE DATE: 31/07/2009

 

At QuickQuid, we value your business and ask you to contact us immediately to resolve this matter.

In order to keep your customer status in good standing, and avoid further costs, it is essential to repay these loans in full within 15 days from the receipt of this notice.

 

If we do not receive a response, we will take that as a refusal to pay and will take appropriate collections measures which include, but are not limited to, the use of a third party collections agency.

 

If you have already made payment arrangements for the entire balance, please disregard this email.

 

If you have any queries, our Collections Department is here to help.

 

QuickQuid Collections Department

 

Dear xxxxxx,

 

This email is to confirm that your complaint has been resolved.

 

Your initial complaint made with Quick Quid states Quick Quid took funds from your account in an illegal manner. As you have requested in your emails, Quick Quid has postal mailed a letter in response to this complaint. However, since you have been continuing to send emails in regards to the complaint, below are the contents of the mailed letter you should receive via postal mail:

 

*Address removed*

 

Customer xxxxxx

Date: 10 August 2009

 

This letter is in regards to your complaint made with Quick Quid. This letter is being sent via postal mail as you have requested in your last email received by Quick Quid on 10 August 2009. Your initial complaint made with Quick Quid states Quick Quid took funds from your bank account in an illegal manner. However, Quick Quid has confirmed there have been no payments retrieved at this time for your loan 452236. Your current balance owed is £62,00. Your payment was due 31 July 2009 in the amount of £50, 00. However, that payment returned as unsuccessful. Therefore, you were charged £12,00 for Non Sufficient Funds. Please refer to your contract to understand the agreement made between you and Quick Quid. Per your contract under DEBIT AUTHORISATION:

 

If a debit is returned unpaid or dishonoured for any reason when it is first presented by us for payment, we may re-present the debit for payment to Your Bank Account or your Debit Card by presenting two separate debits for the total amount that is payable by you. We may do this on more than one occasion. If we are required to do so under any applicable law or other legal requirement, we will provide you with advance notice before we re-present for payment a previously returned or dishonoured debit.

 

That information above is the last paragraph under DEBIT AUTHORISATION in your contract. Quick Quid was not liable under any law to provide advance notice to you for the attempt to re-present the payment for your loan 452236. Therefore, collections activity will continue. Please be advised that no changes have been made to your profile at this time. However, there might be changes by the time you have responded to this letter, or even received this letter. You may log into your profile to view your loan information. Please contact our Collections Department to schedule payment arrangements. Their contact information is below:

 

Collections Department

Telephone Number: 0808-234-4561

Fax Number: 0808-101-1381

Email: collections@quickquid.co.uk

 

If there are any further questions or concerns, you may respond. Thank you for choosing Quick Quid.

 

Lisa T.

 

Dear xxxxxxx,

 

This email is to confirm that your complaint has been resolved.

 

Your initial complaint made with Quick Quid states Quick Quid took funds from your account in an illegal manner. In regards to your last email, please review the entire DEBIT AUTHORISATION section located in your contract to have a complete understanding.

 

As you have been informed before, in the last paragraph of the DEBIT AUTHORISATION, it states:

 

If a debit is returned unpaid or dishonoured for any reason when it is first presented by us for payment, we may RE-PRESENT the debit for payment to Your Bank Account or your Debit Card by presenting two separate debits for the total amount that is payable by you. We may do this on more than one occasion. IF we are required to do so under any applicable law or other legal requirement, we will provide you with advance notice before we RE-PRESENT for payment a previously returned or dishonoured debit.

 

As stated previously, Quick Quid is not liable under any law to provide an advance notice for a RE-PRESENTED debit. You keep reiterating the part under DEBIT AUTHORISATION that states:

 

We will give you a notice if you or we make any changes to the debit arrangements under this Loan Agreement ("Advance Notice"). If you have elected to pay by Direct Debit, you and we agree that the period of Advance Notice that we will provide to you is 3 Business Days.

 

However, Quick Quid did not make any changes to the debit arrangements that were due on 31 July 2009. Your payment was not successful. Please understand the difference between changing the debit arrangements and re-presenting a payment that was not successful. Quick Quid would have provided you advance notice if your repayment date of 31 July 2009 was changed for any reason by Quick Quid. However, this was not the situation. That payment date did not change. Your payment was due 31 July 2009 in the amount of £50,00 which returned as unsuccessful.

 

In regards to the £12,00 Non Sufficient Fund Fee, please review the KEY INFORMATION in your contract. You will review this information below:

 

You may be charged:

(i) £ 12,00 each time a repayment is dishonoured on a Payment Date ("Dishonour Fee")

 

Quick Quid is willing to accommodate you by waiving the Non Sufficient Fund Fee. However, this offer is only being made if you contact collections today to make payment arrangements on your defaulted loan and update your method of payment on file. If you refuse to accept the offer made by Quick Quid, this is the last correspondence you will receive in regards to your complaint from Quick Quid. We do apologise for any inconvenience this matter may have caused. At this time, your account will remain under collections activity. Thank you for choosing QuickQuid as your trusted online lender.

 

If you have any queries, please contact our Customer Support team, Monday – Friday 08:00 to 22:30 by calling 0808 234 4558, emailing support@quickquid.co.uk or chatting online.

 

Lisa T

 

Dear xxxxx,

Customer # xxxxxxx

 

We received your email regarding your loan balance and your situation has been noted. Our records indicate your account has a default balance £62.00.

 

Be advised that you agreed to the terms and conditions of repaying this loan back signing the contract # xxxxx & xxxx you may review the contracts via the below mentioned website.

 

Collection procedures will continue until an acceptable payment arrangement is made.

 

If you have any queries, our Collections department is here to help.

 

Niyoka B

 

Dear xxxxxxx,

Customer # xxxxxx

 

We received your email regarding your loan balance and your situation has been noted. Collection procedures will continue until an acceptable payment arrangement is made on default balance of £324,00.

 

Please call our Collections Department to set up a scheduled payment plan.

 

Niyoka B

[vjohn82]

Latest email:

 

"Dear xxxxx,

Customer # xxxxxx

 

We have received your email in regards to your account. Your account has been forwarded to a Manager for further review. You should receive a response within the next 24-48 hours.

 

If you have any queries, our Collections Department is here to help.

 

Meaghan T"

 

Looks like they might be taking the LBA seriously after 4 attempts!

[vjohn82]

Any luck with the SAR?

[lord_tiger_putin]

Any luck with the SAR?

 

The silence is deafening! I sent a follow up which they complely ignored as well!!

 

My wife is selling some property in her native country which could provide us with some funding. I am waiting for that and then I will take these cretins to court, I do not want to wait for the ICO. Once legal proceedings start they will have to explain why they think they are above the law and ignoring the DPA and CCA!

[sillygirl1]

Funny how they like to bombard you with calls and emails and when you do the same they run away and hide...

 

I think these companies should be heavily legislated against, especially on the 'additional fees' and contract terms, they are supposed to be short term loans so why do they have a term such as

 

If the sum is overdue by more than 120 days you cannot enter into a debt managent plan nor bankruptcy and if you do have a dmp or bankruptcy this debt will be come immeidately payable once the period of dmp or bankruptcy has failed....

 

Complete rot....

[AbiB]

Hi Guys

 

My situation with Quick Quid is a little different. I have used them a number of times in the past and have never had any issues with them until now. I took a loan out with them for the small sum of £50 just before Christmas - I took it out on the 2 month repayment option and expected the interest to be taken on my next pay day. I recieved a call from them a couple of days after my pay day demanding payment - I said it should come out automatically and that none of my details had changed. I confirmed all my debiot card details with them over the phone, they attempted to take the mey again and it was declined. I said I'd speak with my bank and call them back. I went into my bank as I was close by and they looked in to my account, I had just been paid and had more than enough funds for the payment to come out, they also checked my debit card and there were no issues. I called QQ back and explained this - the man I spoke to was very rude to me and said I would be charged a default fee of £12 (considering the loan is only £50 I found this ridiculous) I asked them to try my card again and again it was declined. The man told me to 'get proof' my card worked - was very rude, I'd also just been to buy my lunch and knew my card was working.

I called back again the next day after recieving more missed calls and an email about the default fee from them - I got a nicer lady this time who said if I could email a copy of my bank statement showing my balance and my wages going in then no fee would be charged. I did this and recieved an email back saying that they couldn't open the documnet - it was PDF but I also copied it in to the body of the email!! Totally ridiculous - I contacted them several times over the next week and finally spoke to someone that could miraculously open the doc but said they couldn't dismiss the default fee and that collection proceedings would continue until I paid!

I told them I was more than happy to pay off my loan and the interest as it's waht I owed but that I refused to pay a default fee becase their system didn't accept my card. I told them they could take the loan and interes from my bank account rather than my card but when they quoted the amount tey were going to take it was including the deefault fee. I told then they were under no circumstances to take any money out until this was resolved. I spoke with my bank again who told me that they have repeatedly being trying to take money from my debit card - without my authorisation!! I can't block them without blocking my whole card but luckily it seems their system doesn't accept my card anyway.

I really don;t know where to go with this - I'm half tempted to just pay the default fee but I'm seriously loathed too as it's not money I owe and it's not like I'm refusing to pay what I ACTUALLY owe. I have used them in the past and have always paid back on time and with no issues with my card - I'm at the end of my tether - can anyone advise?