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quid 24, 18 months later now with mmile, threat of default and doorstep collector

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  • quid 24, 18 months later now with mmile, threat of default and doorstep collector

    hi all,

    so i have been dealing with these idiots for well over 18 months now,

    i took a loan with quid24 for £100 , when i realised the loan was for 7 days only i rang them to explain of my financial dificulty of paying it back so soon, as i didnt get paid until 14 days after the due date, i explained this to them but the refused to help, they said they could not help until the account had been in default for 14 days ( a bit convenient, ) in these 14 days they added the following charges

    Default Charges
    If you are late in repaying an advance, we will charge you:
    * Interest on the overdue sum at the rate applicable of 8% per annum.
    * £60 for the first reminder letter (which will be sent to you once the advance has become 1 day overdue)
    * £50 each for the second reminder letter (which will be sent to you once the advance has became 2 days overdue)
    * £30 for the third reminder letter (which will be sent to you once the advance has became 4 days overdue)
    * £50 for the fourth reminder letter (which will be sent to you once the advance has became 7 days overdue)

    so as you can see they added £190

    at this point i paid back the original loan (£100) 1 months interest (£10) then paid goodwill gesture of 14days interest at 8% apr (£0.38p)

    they have since added £47.41 for debt collectors fee which isnt outlined in the contract (contract below)

    *************************************************

    This is an agreement for running account credit between:
    (1) Quid24 Limited of 2nd Floor, 145-157 St John Street, London, EC1V 4PY, United Kingdom ("We" "Us")
    (2) **Edited out personal details*** ("You")
    Key Financial Information
    APR: 14,348% variable
    Credit Limit: £100 or other such sum as we may notify to you from time to time.
    Once this Agreement is in force, you can apply for an advance to us. Each time you apply, we will tell you if your
    application has been agreed. If it has, we also confirm the total amount repayable by you and the date upon which this must
    be received by us. You can then decide whether you wish to continue with the advance. You will only be entitled to make
    further applications once any outstanding advance and charges have been repaid.
    Other Financial Information
    Total charge for credit:
    Our charges for an advance of £100.00 for a period of 7 days will be:
    interest charges: £4.50
    Transfer fee: £5.50
    Total charge for credit £10.00
    If we agree to advance you a different sum, we will tell you about the charges for credit which would be payable before
    you agree to continue with the advance.
    Interest: The rate of interest applicable to this Agreement is 235% per annum variable.
    Interest is calculated at the time of each advance and applied to the account immediately.
    In calculating the APR, no account has been taken of any variation which may occur under the agreement either of the rate
    or amount of any item entering into that calculation. We may vary the interest rate and/or charges payable from time to
    time. If we do so, we will tell you about that variation before you agree to enter into any further advance.
    Key Information
    Default Charges
    If you are late in repaying an advance, we will charge you:
    * Interest on the overdue sum at the rate applicable of 8% per annum.
    * £60 for the first reminder letter (which will be sent to you once the advance has become 1 day overdue)
    * £50 each for the second reminder letter (which will be sent to you once the advance has became 2 days overdue)
    * £30 for the third reminder letter (which will be sent to you once the advance has became 4 days overdue)
    * £50 for the fourth reminder letter (which will be sent to you once the advance has became 7 days overdue)
    Interest will be payable on any overdue sums, transfer fees or other finance charges once they are 7 days overdue (see
    clause 3.3 (d)
    In addition, interest will be payable on any unpaid Default Charges from 28 days after we have sent you a notice of default
    sums.
    Cancellation
    There is no right to cancel this Agreement under the Consumer Credit Act 1974 or the Timeshare Act 1992. However, you
    do have a right to cancel this Agreement under the Financial Services (Distance Marketing) Regulations 2004 (see
    Cancellation Rights below).
    MISSING PAYMENTS
    Missing payments could have severe consequences and make obtaining credit more difficult.
    IMPORTANT- READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS
    The Consumer Credit Act 1974 lays down certain requirements for your protection which should have been complied with
    when this agreement was made. If they were not, the creditor cannot enforce this agreement without getting a court order.
    The Act also gives you a number of rights. You can settle this agreement at any time by giving notice in writing and paying
    off the amount you owe under the agreement which may be reduced by a rebate.
    If you would like to know more about your rights under the Act, contact either your local Trading Standards Department or
    your nearest Citizens Advice Bureau.
    Electronic Signature
    Electronic Communications Act of 2000 provides that electronic signatures on documents hold equivalent legal status as
    traditional handwritten signatures. By completing this online application, I certify that my digital signature is the equivalent
    of my handwritten signature.
    Customer's Signature
    This is a Credit Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by
    its terms.


    Signature of Debtor: **Edited out personal Details *** Electronically Signed Agreement:
    07/10/2011 at 01:21

    Cancellation Rights


    You will have a right to cancel this Agreement for 14 days, beginning with the day after this Agreement is signed by us
    ("the Cancellation Period"). If you do not exercise your right to cancel within the Cancellation Period, you will not be able
    to cancel this agreement. You may exercise this right to cancel by giving notice in writing by sending a letter to us at
    Quid24 Limited, 2nd Floor, 145-157 St John Street, London, EC1V 4PY, United Kingdom or by e-mail to
    support@quid24.com. If you do so after you have received payment of an advance from us, you will be required to repay
    the amount of the advance plus interest at the rate stated in Other Financial Information from the date of the advance to the
    date of repayment by you plus the Transfer Fee.
    NOTE- IMPORTANT
    By signing this agreement, you agree to be bound by both the terms contained within the Agreement and the Terms and
    Conditions attached to this Agreement.
    Signed for and behalf of Quid24 Ltd: Johannes Neidorf, Director, Electronically Signed Agreement:





    07/10/2011 at 01:21

    Your Details


    ***personal details edited out as requested ***



    Terms and Conditions
    1 Our business
    1.1 We are registered at Companies House under number 7083850. Our main business is consumer lending and we
    provide short-term credit facilities to debtors in return for the repayment of the credit and the payment of interest. We
    are authorised by the Office of Fair Trading, and our Consumer Credit Licence Number on its register is 0633272.
    2 Advances
    2.1 We will provide you with a four digit (e.g.1234) Personal Identification number ("PIN") within one day of you
    signing this agreement. You will need to use your PIN with each request for an advance from us and therefore, it is
    important that your PIN remains confidential to you.
    2.2 You can make a request for an advance by either:
    i





    L ogging into your account at www.quid24.com. You need to sign into your account and follow the onscreen

    instructions to make a request. We should be able to tell you immediately the amount that we are willing to lend you,

    the proposed repayment date and the amount that you must repay. You will then be provided with on screen
    instructions in order to accept the loan.
    ii





    S ending a text message with the word "QUID" and your "PIN". We will then text you to confirm the amount of the

    advance which you have requested, the proposed repayment date and the proposed repayment amount (including

    interest charges and transfer fees).
    2.3 In the event that a request for an advance is made by you by another means, we may choose to accept this at our sole
    discretion.
    2.4 From time to time, we may agree to provide you with an advance which is a different amount to the amount of your
    credit limit. If so, your credit limit will vary to this amount. In the event that we refuse to provide you with an
    advance, your credit limit will be reduced to nil. You may still make further requests for an advance and if accepted,
    your credit limit will be raised to this sum accordingly.
    2.5 We will arrange for payments to be advanced to you by paying these sums into your nominated bank account ("the
    Account").
    2.6 If we agree to provide you with an advance, you must respond to us by the end of the second working day. Otherwise
    we are not obliged to provide you with an advance and can refuse any requests for a further advance.
    2.7 From time to time, we may decide to vary the amount or rate of the charges shown on the front of this Agreement
    (including interest charges, transfer fees and default charges). We will provide you with seven days notice in writing
    if we decide to change the default charges applicable to this Agreement. Otherwise, we will tell you about any change
    in the interest or the transfer fees upon receipt of a request from you for an advance. Any variation in our charges will
    only affect future advances and will have no effect on any advance which we have already provided to you.
    2.8 You cannot request a further advance if you still owe us money under a previous advance (including interest and
    transfer fees and default charges).
    3 Repayments
    3.1 By signing this agreement, you confirm that your wages are regularly paid into the Account and you agree to ensure
    that there are sufficient funds available in the Account on the repayment date(s) to repay any advance to us.
    3.2 You authorise us to collect repayments from you by debiting the debit/credit card which you have registered with us.
    3.3 In the event that we are unable to collect any repayment for any reason, we will:
    a) Attempt to collect the repayment from the Account or debit or credit card at a later stage, for an indefinite period,
    on more than one occasion in order to collect the amount outstanding.
    b) Send reminder letters to you, in accordance with the provisions contained in the Default Charges section of the
    Agreement.
    c) Continue to attempt to collect these charges using the debit or credit card you have registered with us for an
    indefinite period, on more than one occasion in order to collect the amount outstanding.
    d) d) Be entitled to charge interest on any overdue sums, transfer fees and other finance charges outstanding once
    these sums have been overdue for 9 days. Interest will begin to be charged from the 7th day, at the rate of 8% per
    annum.
    e) Not charge any interest under this condition on any unpaid Default Charge until 28 days after we send you a notice
    of default sums under the provisions of the Consumer Credit Act 1974.
    f) Be entitled to seek interest on any overdue sums both before and after any judgment.
    3.4 You acknowledge that additional taxes, legal costs or other charges may levied which are not payable by us or
    imposed by us in relation to this Agreement.
    4 Cancellation
    4.1 You have a right to cancel this Agreement for 14 days, beginning with the day after this Agreement is signed by us
    ("the Cancellation Period"). You may exercise this right by giving notice in writing to Quid24 Limited, 2nd Floor,
    145-157 St John Street, London, EC1V 4PY, United Kingdom or by e-mail to support@quid24.com.
    4.2 If you do so after you have received payment of an advance from us, you will be required to repay the amount of the
    advance plus interest at the rate stated in Other Financial Information from the date of the advance to the date of
    repayment by you plus the Transfer Fee.
    4.3 If you do not exercise this right to cancel, this agreement will be binding upon you and you must repay any advance
    in accordance with these terms and conditions.
    4.4 If you do not cancel you will still be able to settle any advance prior to the repayment date. You can do this by paying
    the outstanding balance that is due and payable in full (including interest and charges, including transfer fees) less
    any rebate which may apply under the Consumer Credit Act 1974.
    4.5 Any request for an advance made by you prior to the expiry of the cancellation period shall be treated as a request to
    provide an advance. However, you acknowledge that we are under no obligation to make this advance.
    4.6 In the event that you cancel this Agreement, as soon as possible and in any event within 30 calendar days from the
    date on which you notified us of the cancellation:
    a) We will refund any sum paid by or on behalf of you,
    b) You must repay any sum paid by or on behalf of us under or in relation to this Agreement.
    Accordingly, we can charge you for services actually provided by us in accordance with the terms of this Agreement,
    including the amount of any unpaid interest and transfer fees and charges outstanding in respect of any advance.
    5 General
    5.1 By signing this Agreement, you confirm that you are not currently the subject of:
    a) a debt management plan;
    b) an Individual Voluntary Arrangement; or
    c) bankruptcy proceedings.
    5.2 In addition, you confirm that you are in full time employment and you are not:
    a) Self Employed;
    b) Absent from work due to sickness leave, maternity leave, paternity leave, adoption leave, or any other kind of
    unpaid leave.
    c) Under notice of redundancy or any disciplinary action that may cause your employment to be terminated.
    5.3 You are not required to provide us with any security under the terms of this agreement.
    5.4 There is no minimum term of this agreement.
    5.5 If we do not enforce our rights under this Agreement at any time we will not be prevented from doing so later.
    5.6 You agree that we can send any documents or notices to you by e-mail. Any notice or demand sent to you will be
    deemed to have been received by you if sent by e-mail or left or sent by prepaid envelope addressed to you at your
    current address or last known business or private address.
    5.7 You permit us to contact your employer named in your Employment Details at anytime as may be reasonably
    required by us.
    5.8 We may transfer or assign all or any of our rights under this Agreement.
    6 Jurisdiction
    6.1 The law of England and Wales is taken by us as a basis for the establishment of relations with you prior to the
    conclusion of the Agreement, and governs the Agreement. The contractual terms and conditions, and the prior
    information, are in English. We undertake, with your agreement, to communicate with you in English during the
    duration of this Agreement. This Agreement shall be construed according to the laws of England and Wales whose
    courts shall be the exclusive courts of jurisdiction.
    7 Use of Your Information
    7.1 It is important that you provide us with accurate information in connection with this agreement. Prior to entering into
    this agreement, or at the time of doing so, we may decide to check your details with fraud prevention agencies. If you
    provide false or inaccurate information or we suspect fraud, this information may be recorded. Fraud prevention
    agency records will be shared with other organisations to help make decisions on credit, motor, household, life and
    other insurance proposals or claims for you and members of your household.
    7.2 Furthermore, prior to entering into this agreement, we may decide to search your record at credit reference agencies.
    They will add to their records about you, details of our search and your application and this will be seen by other
    organisations that make searches. Our search of records at credit reference agencies may be linked to your
    spouse/partner or other persons with whom you are linked financially. For the purposes of any application or this
    Agreement you may be treated as financially linked and you will be assessed with reference to "associated records".
    7.3 We may also add to your record with the credit reference agencies details of your agreement with us, the payments
    you make under it and any default or failure to keep to its terms. These records will be shared with other organisations
    and may be used and searched by us, and others, in order to:
    a) Consider applications for credit and credit related services, such as insurance, for you and any associated person;
    b) Trace debtors;
    c) Recover debts;
    d) Prevent or detect money laundering and fraud; and
    e) Manage your accounts.
    7.4 If you fail to keep up repayments under the Agreement we may send your personal details, including name and
    contact details and details about your payment history under the agreement, to third party debt collection agencies so
    that they may collect the money that you owe under this agreement.
    7.5 If you require details of the credit reference agencies or any other agencies from whom we obtain, and to whom we
    pass, information about you please write to us at our address stated above. You have a legal right to these details. You
    have the right to receive a copy of the information we hold about you if you apply to us in writing. A fee will be
    payable.
    8 Complaints
    8.1 If you have a complaint, we will investigate it and give any redress to which we feel you are entitled. If you are not
    happy with our final response, you may have a right to have your complaint dealt with under the Financial Services
    Ombudsman Scheme, South Quay Plaza, 183 Marsh Wall, London E14 9SR or telephone 0845 080 1800 or 020 7964




    0500. To do so, you would need to notify the Scheme in writing within 6 months of our final response.




    ************************************************** ******************

    so my question is what do i do from here, i paid back then loan plus one interest payment and then 14days good will interest @8%apr (as i repaid the loan 14days late.)

    anyway i need to put an end to it all because its driving me nuts, they are now threatening to register a default against my credit file, and are continuing with phone calls and threats of door step collection agents, even though i removed their right to call me under the harrassment of debt act, and the abuse of telecoms act, and i also removed their right to know at my door under the tresspassers act. is there anything more i can do ?

    your help is much appreciated,
    thanks
    a.smith
    Tags: None

  • #2
    Re: quid 24, 18 months later now with mmile, threat of default and doorstep collector

    may i also add , they its now with a new debt collector called " MotorMile Finance UK Ltd" not heard of them before but i have no had any notice of change, since i recieved notice in december that it was now with MRS ltd

    Comment


    • #3
      Re: quid 24, 18 months later now with mmile, threat of default and doorstep collector

      I would try to ignore them, none of these charges are enforceable, all they can do is try to intimidate.


      I take it you have changed your banking arrangements so they cannot draw on an active account ?

      Comment


      • #4
        Re: quid 24, 18 months later now with mmile, threat of default and doorstep collector

        yes everything is changed, cards all cancelled, bank is still active but the bank is under instruction not to make any payments from old cards, (which are sometimes set up as recurring payment, so that the company doesnt need new details to collect money from new card) also the account is always just under it limit by 1p so that direct debit bounce automatically, (im not charged for this) so if they try that route they wont get anywhere.

        i have ignored them for so long, if they do register the default on my credit file how do i get it removed? becuase to have it removed you have to prove you dont owe it .

        Comment


        • #5
          Re: quid 24, 18 months later now with mmile, threat of default and doorstep collector

          The unfair answer is , I don't think you could, easily at any rate.

          They would site the terms of the loan and the fact that you defaulted on them. You would have to prove that the terms were unfair and should not have been brought in the first place, this would prove difficult in my opinion(not impossible)

          Comment


          • #6
            Re: quid 24, 18 months later now with mmile, threat of default and doorstep collector

            Originally posted by gravytrain View Post
            The unfair answer is , I don't think you could, easily at any rate.

            They would site the terms of the loan and the fact that you defaulted on them. You would have to prove that the terms were unfair and should not have been brought in the first place, this would prove difficult in my opinion(not impossible)

            is £190 for 5 letters that they never actually sent, not already unfair? they sent me 5 emails not 5 letters, either way £190 isnt justifiable, also the debt collectors fee isnt justified in the contract, plus im sure that somewhere in the CCA is the lender supposed to try and help the debtor once the are made aware of their financial situation? plus there not supposed to force them into more debt, which is what they did , i asked for help and they avoided it until all the charges had been added, and then and only then they were more than happy to arrange a payment plan, why did they refuse this before? .... because they wanted to wait until i owed even more !

            Comment


            • #7
              Re: quid 24, 18 months later now with mmile, threat of default and doorstep collector

              You are right. From my reading of terms they are trying to charge you PENALTIES which are strictly no-no (remember banks and unfair charges). So the question is - are emails the same as letters? Present legal definition seems to be "YES" but then their charges are totally disproportionate to the administrative cost of sending this messages.

              Comment


              • #8
                Re: quid 24, 18 months later now with mmile, threat of default and doorstep collector

                http://www.thisismoney.co.uk/money/s...laim-fees.html follow links in the text
                http://www.bbc.co.uk/news/business-19511542 very good article

                Hope this helps

                Comment


                • #9
                  Re: quid 24, 18 months later now with mmile, threat of default and doorstep collector

                  Originally posted by alham View Post


                  thanks for the info, will denitaley come in handy, think im going to write them a little letter with a bit of legal jargon, also a few people have mentioned a general rule of only having to pay back the loan, and original intrest, is there any law etc that backs this up?

                  Comment


                  • #10
                    Re: quid 24, 18 months later now with mmile, threat of default and doorstep collector

                    Originally posted by okz19ant View Post
                    is £190 for 5 letters that they never actually sent, not already unfair? they sent me 5 emails not 5 letters, either way £190 isnt justifiable, also the debt collectors fee isnt justified in the contract, plus im sure that somewhere in the CCA is the lender supposed to try and help the debtor once the are made aware of their financial situation? plus there not supposed to force them into more debt, which is what they did , i asked for help and they avoided it until all the charges had been added, and then and only then they were more than happy to arrange a payment plan, why did they refuse this before? .... because they wanted to wait until i owed even more !
                    My point was that they have a contractual right to enter the default(you failed to repay within the contractual period), you would have to challenge the unfairness in court, this would be after the DN was placed.

                    I don think there is anything i the CCA about creditors helping debtors, perhaps the OFT guidelines is what you are thinking of.

                    Comment

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