Money Shop (Instant Cash Loans) PDL now Lantern - CCA Agreement Request: Wrong Address

[Stephen L]

Hi to make it simple as I can.

 

I have been chased by Debt Collector over a small debt which at first I didn't recognise. I was sent a statement of account and a Fixed Loan Agreement with all terms and conditions electronically signed in 2016. This was enough to confirm I owe this debt therefore I commenced a repayment plan.

 

Tonight upon studying the Fixed Loan Agreement I noticed it is showing my current address. However at the time I took the payday loan ( Summer 2016) I was living at my previous address which I vacated in 2018 due to landlord selling the property. Since have been living at my current address since late 2018 which is now showing on the Loan Agreement.

 

With the address not showing correctly to what it should have been in 2016 has the Debt Collector committed fraud?

 

I am not attempting to weasel my way out of my own debt (I am obliged to pay this) but if the Debt Collector has done something wrong I would believe it should be reported.

[dx100uk]

might not be the DCA that did it, but, name names please 

who was the original creditor and who's producing this CCa return?

 

[Stephen L]

Hi dx100uk, the original Payday Loan in 2016 was The Money Shop Online (Instant Cash Loans Limited).  It is Lantern whom provided me the documents when I originally first didn't know what the debt related to.

 

As part of the documents I received yesterday from Lantern one was a letter dated 22/01/2021: Notice of Assignment from Instant Cash Loans Limited to tell me this was being assigned to Lantern Debt Recovery Services Ltd.  This letter confirmed the assignment is in effect from 30/12/2020.

 

Hope this info helps.

Edited May 20, 2021 by Stephen L

[fkofilee]

Heres my thoughts, I'd complain - As long as you know that you didnt update the address with ICL / TMS and you are very direct with Lantern - They will back off. 

I know that because I managed to get them to do it. I believe this would likely resolve your issue. 

 

Others may have a different opinion. 

 

[dx100uk]

surely it doesn't matter if the address was/wasn't updated, the loan originates from before the time of the move and holds the wrong address for that time period.

 

sadly Lantern (MMF) are very well known for doing these dodgy CCA's which id why they changed their name, 

 

10 hours ago, Stephen L said:

I am not attempting to weasel my way out of my own debt (I am obliged to pay this)

throw the morality card out the windows.

 

pers i'd simply stop paying.

[Stephen L]

Thanks both for your comments.

 

I'm worried that if I cancel the Repayment Plan now they will initiate Court Proceedings.  If I were to make a formal complaint telling Lantern the address is incorrect, I'd suspect they could go a bit further and replace my current address to show my old address (obtaining it from Credit Referencing) and forward it back to me again.

 

Was thinking on the idea of a Formal Complaint telling them the Fixed Sum Loan Agreement is invalid without telling them what is inaccurate about it.

 

What's your thoughts on this?

 

Thanks for your replies.

 

 

[fkofilee]

Its a hard one... 

 

A) Go to court and let them shoot themselves in the foot.

B) Complain and see if they close it down. 

 

I honestly cant advise you because Im not in your position but If I were in your shoes, I might complain - You have them bang to rights here if they have messed up in the way you suggest.

[dx100uk]

so they are going to goto court when they have already produced fake paperwork...

not a chance. exp when MMF were fined by the authorities for doing exactly the same thing many many times years ago and changed name to hide the fact.

 

stop paying and stop being scared of a DCA, they are NOT BAILIFFS

and have

ZERO legal powers on any debt ..no matter what it's type.

 

 

 

 

[Stephen L]

Thanks both again for your answers

 

I will fire out a Formal Letter of Complaint today telling the Fixed Sum Loan Agreement is invalid but I won't tell them why.  I will also tell them I want the proposed repayment plan which was setup for Direct Debit 1st June 2021 to be put on Stop and that I am obligated to contact the Financial Conduct Authority regarding the agreement.

 

I can't believe these DCA's would actually do things like this.  When I read the agreement after giving my proposal of payment I felt like hitting my head off a table multiple times for not seeing it right away when I saw the incorrect address.

[slick132]

Don't rely on anyone cancelling the DD mandate for you - do it yourself by instructing your bank to cancel the instruction.

[dx100uk]

don't bother with pointless letter tennis to a DCA!!

simply cancel the DD on your online banking portal

dx

 

[Stephen L]

I got a little too eager and sent the Letter of Complaint only a few minutes before I saw your reply there dx100uk.

 

I'll not get into any games with them from now onwards.  I'll keep you posted on what they reply with.

 

I appreciate everybody's replies over this issue, I never really use forums but certainly will do my bit to contribute where I can.

[fkofilee]

Arh dont worry - Just donate to us for helping you today 

It helps with our server costs etc

[dx100uk]

you should not ever be using email for debts

gives them a free way to harass you..

 

and of course gives the game away upon what is wrong with their bogroll.

[Stephen L]

Hi, been quite a while since posting in regards to this thread.  Things went quiet a while with Lantern concerning my complaint.  On Friday past I received a final complaint response from Lantern upholding my complaint however they told me I need to put a repayment plan in place as the debt is not unenforceable.

 

They confirmed I was right the Fixed Sum Loan Agreement document was incorrect therefore apologised only, and remedied this by amending the address back to my old address after using a Credit Reference Agency.  Apparently they can do this as they said it was a reconstituted agreement.

 

I had to start a payment plan with them as it seems I have no defense now they have sent me a new Fixed Sum Loan Agreement.

 

If I were to forward this complaint onto the Financial Ombudsman do you think I would be in a good situation to report Lantern's poor business practices?

[dx100uk]

i wouldn't trust lantern (MMF) to do anything correctly

 

can you please scan up the letter.

you keep forgetting they are a DCA and have zero legal powers.

 

dx

 

[Stephen L]

Hi I have attached the Final Reponse which was sent to me via email.  You'll notice a few red areas in it where I have removed some of my personal info before uploading (not sure if the file can be seen publicly is why).

 

Complaint Final Response (Personal Info Removed).pdf

[dx100uk]

ignore them until/unless they send a letter of claim

they are obviously constructing fake reconstructed documents which is a very old trait used by them going back many years under their old name of MMF, so they are trying the old tricks again!! they got heavily fined by the authorities before for doing this and thats why they changed names. just read a few threads here.

 

send them ONE further email stating email is NOT to be used for any further comms writing ONLY.

 

they give up in the end

5 hours ago, Stephen L said:

I had to start a payment plan with them as it seems I have no defense now they have sent me a new Fixed Sum Loan Agreement.

 

nowhere did we state do the above!!

[Stephen L]

Thank-you for coming back to me on that I'll follow your advice contacting them to write only and no longer use email to communicate.  Then will choose to ignore until I get a Letter of Claim.

 

Much Thanks