TOWER CAPITAL have tricked me

[xvickyx]

Hi

 

OK so basically I have an ongoing dispute with TOWER CAPITAL LIMITED, I took a payday loan out with them some time ago & I defaulted on the payments.

 

I asked if I can pay £20 per month (£250 outstanding balance) and they said that if I increased the payments to £50 per month they would not take any further action (meaning no register a CCJ against me!)

 

So I set up a standing order thinking everything was OK with the payments, my first one came out 1st September ok and cleared, I then receive papers from the court about a CCJ being registered against me, I had filled in forms I had received from the Money Claim Online that they did, but they said I should fill these forms in and send back and then if I keep to my £50 they would not register a CCJ against me, and they have done.

 

I am really angry about this, and they just don’t seem to be helping me, I have evidence that they have said this and confirmed to me many times that they will not register a CCJ.

 

I feel tricked and deceived by them!

 

I have put in a complaint with the Financial Ombudsman and also have sent a letter to Northampton Court with emails from TOWER CAPITAL attached.

 

What else can I do to get this CCJ removed?

 

I am desperately trying to clear debt and get back on straight and this has really set me back a lot!

 

Thanks

Vicky

[26072004]

do you have it in writting from Tower Capital they agree not to register the CCJ providing you stick to the agreement??

[xvickyx]

Yep - this is what they have said and I have sent this to the courts and the FO.

 

They have just emailed me saying they will accept £150 settlement figure, but this is not through the Courts, I think they are taking me for a ride & as a result I have a CCJ registered now!! :mad2:

 

Dear Miss Farrell,

We cannot cancel a claim, however should you not make payment as agreed we will then apply for a full county court judgement. You currently do not have a full CCJ, as mentioned below the claim registered against you had had already been done. BY increasing your offer to £50 per month, we agreed that we would not apply for a full County Court Judgement

If you can make a one off payment off £155.00 on your next pay day we will accept this as a full and final settlement, we will then get in touch with the courts and advise them that this matter has been resolved. This is a concession of £175.00

Kind Regards

[26072004]

What is the difference between a CCJ and a full CCJ??

 

If you have a letter from them confirming no action and you can prove you have kept to the agreement the court should have to remove the CCJ.

 

If you decide to take them up on the final settlement figure still change your account dont trust them not to take more money afterwards, the CCJ episode tells you they cant be trusted.

[xvickyx]

Yes I have a letter from them confirming they won't issue a CCJ.

 

I have paid them by standing order, so I have proof that I have paid them...

 

They are taking the :mad2: realy unfair!

 

Hopefully the court will remove the CCJ once they have seen the letter & evidence I have sent them

[26072004]

fingers crossed for you.

 

maybe there is another thread on this site that can help you with the court, can any one help with that???????

[robjam1969]

fingers crossed for you.

 

maybe there is another thread on this site that can help you with the court, can any one help with that???????

 

First of all just because they want to take you to court doesn't mean they will win. For example their default notices are usually invalid as rarely give the 14 days plus 2. They can't register any CCJ without the court awarding it to them. Even if the court did you would have 14 days to pay in full and the CCJ would not exist.

 

I would be tempted to follow the courts proceedures and defend yourself on the basis thay have deceived you. I have a thread on here somewhere where I beat them in court (legal forums) and know of at least one other CAGGER who got the same result.

 

They may have registered a default against you and you would need to check your credit report to see if they have. Then you can challenege this if need be.

 

Only you can decide if their settlement offer is fair to bring an end to this.

[skyblue2027]

This awful company at its worst, hey Rob!

 

I took on and defended against these following help from fellow CAGGERS and had my case struck out.

 

My advise is defend if court papers are offered. you have emails showing you are being reasonable with your offers and you have proof that they are trying to deceive you. As per Robjam's advise, check your DN. I did noty mention mine in my defence but it was incorrect so that was another string to my bow.

 

Tower will not give in but if you defend and share your experiences on here, you will get sound advise and will be able to take them on if it gets that far.

 

DO NOT GIVE IN!