Pay day express help

[Cknigte]

Hi all,

 

Recently I noticed a default from payday express, I had never received a letter about this so sent them an email questioning it, after reading on here I sent them a template letter asking for proof, the 28 days went by and I heard nothing back so sent another, still nothing!

 

I then sent an email to the credit agency who replied that they had contacted PDE and couldn't get it removed as they said it was valid.

 

I'm stuck now, what do I do next to get this removed ?

 

Thanks,

[rebel11]

Thread moved.

[BRIGADIER2JCS]

Did have an account with them that

has not been kept up properly.?

 

You will need to do a CONSUMER CREDIT AGREEMENT request (CCA)to them this costs £1

send an unsigned postal order.

Use the template in the CAG library, get proof of posting, they have 12+2

days to reply.

Also check your credit reports.

Brig.

[Cknigte]

I've done that and they ignored it, I fell behind but sorted an agreement with them so I never actually defaulted, nor did I receive a letter

[BRIGADIER2JCS]

Send the account in dispute letter

fro the library, get proof of posting.

 

Brig.

[Cknigte]

Thanks,

 

If they continue to ignore me what are my options ?

[BRIGADIER2JCS]

That's a wait and see the should respond

to that, if not they are on thin ice I think.

brig.

[brokebutnotbeatn]

If you 'fell behind' that that means you defaulted...

[BRIGADIER2JCS]

B BNB is right any payments lower

or less frequent than those required by

the original agreement is a default.

[Cknigte]

True, but i never received a notification in the post. Does this not matter ?

[BRIGADIER2JCS]

I think the activation of the agreement to pay probably

had a default notice built into it.

It makes in this case I think little difference as you

have entered into the payment plan which as said is

a default on the original agreement, all they have

to say is that they have note on file that a notice was sent.

[brokebutnotbeatn]

no, not really. You defaulted and they reported as such on that account.

[Cknigte]

Ok, well i never received anything in the post, the dates on the default are all wrong and it is not updated saying that anything has been paid off it though i paid it since December and paid it off in March.

 

Is there nothing I can do to have this removed ?

 

Thanks.

[BRIGADIER2JCS]

As said before you must raise a FORMAL COMPLAINT

with the creditor who placed the default and give the

a time limit to reply I suggest that should be 14 days from

their receipt of the complaint, copy this to the compliance manager

of the CRA.

Again as said before the CRA CANNOT amend or

remove any entry unilaterally.

MAKE SURE THE LETTER IS HEADED FORMAL COMPLAINT

and that your complaints are clear, explicit and concise,

and include copies of previous correspondence.

[Cknigte]

Ok, thanks, but the account is not really in dispute as it has already been settled, this has just never been updated on my credit record so i want to address that and the fact i never received the default notice.

 

Thanks for your advice, please can you suggest a template to use as my next step ?

[BRIGADIER2JCS]

As said before you must raise a FORMAL COMPLAINT

with the creditor who placed the default and give the

a time limit to reply I suggest that should be 14 days from

their receipt of the complaint, copy this to the compliance manager

of the CRA.

Again as said before the CRA CANNOT amend or

remove any entry unilaterally.

MAKE SURE THE LETTER IS HEADED FORMAL COMPLAINT

and that your complaints are clear, explicit and concise,

and include copies of previous correspondence.

[Cknigte]

Did you mean to post that twice ?

[BRIGADIER2JCS]

The creditor need only state that their

records show that a DN was sent, they are

generic letter filled with the relevant

debtor details as need, and the normally

just not the default on file and don't

keep hard copy of each individual DN.

this is best tackled without a template

as these companies have seen them all

just the same as everyone has seen the DCA's

template threatograms, a person letter I find work

better.

 

Brig.

[BRIGADIER2JCS]

No the bl**dy thing said the first was

''Too Short''??? and wouldn't let me

edit it:madgrin:

[Cknigte]

The creditor need only state that their

records show that a DN was sent, they are

generic letter filled with the relevant

debtor details as need, and the normally

just not the default on file and don't

keep hard copy of each individual DN.

this is best tackled without a template

as these companies have seen them all

just the same as everyone has seen the DCA's

template threatograms, a person letter I find work

better.

 

Brig.

 

Brilliant, seriously your advice is so helpful, so there is no law stating that they have to show me proof of a default notice ?

I am sorry to be a pain but can you outline anything in particular I have to mention in this letter ? I sent them a template one originally which went something like

 

"After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against my account. Further to this neither I nor my wife have a recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 1587 716732.

2. You must supply me with a signed true and certified copy of the original default notice

3. Any deed of assignment if the debt was sold on

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

Yours faithfully"

 

They didn't reply to that, so i sent them a reminder which they also ignored.

Edited August 19, 2011 by Cknigte
Spelling mistake

[BRIGADIER2JCS]

I wonder if as the account is settled and

your complaint is about the default is it worth

actually requiring any more information by way

of the CCA request which provides very little info,if

you want all the data you need to do a SAR.

As to the DN it's self as said they are generic

and the process is to place a note on their files

to say a DN has been issued.

Your letter I think should address the removal

of the default from your files.

 

Brig.

[Cknigte]

Thanks, i will have a read and give it a go later.

 

Not sure if it makes much difference but although the account is settled as in I am not paying any more repayments on it they still have it on my credit report as having not had anything paid off it.

[BRIGADIER2JCS]

That,s the basis for your complaint then.

[Cknigte]

Will that get it removed or am i barking up the wrong tree ? And is there a time scale that I should expect a reply within ? Sorry for all the noob questions here.

[BRIGADIER2JCS]

No problem, a response should be made

within in14 days I would suggest.