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How Can I Get Out of Debt?

With a simple legislated debt solution you can consolidate all your debts into one lower, affordable monthly repayment. Make one set payment per month for a set period, and after the period expires any remaining debts left are legally written off. This can be up to 90% depending on your circumstances.

Newbie dealing with MYJAR

Hugh1981 asked:

I am after a touch of help fending off MYJAR, i had a loan of 100 off them back in 2011, lost my job and was unable to pay them.

i hadn’t heard anything from them up untill 2 days ago, i had a email off them saying they were applying to serve notice if i didnt pay 662 to them. i have had a look at the template letters and understand the process a bit.. but i’m struggling filling out on them.

how do i find out the details for the CEO so i can start the process? sorry if this is a daft question, but we all have to start somewhere.

thanks in advance guys

Faljay replied:

CEO of MYJAR – Gareth Gumbley.

If in doubt, ask for a statement of account to justify how £100 has spiralled into £662, and also why has it taken them over 3 years to contact you.

But for now begin the 3 letter process from the PayDay loans section in Template Letters and await their response.

Take Care.

😀

sambo1 replied:

Hi Hugh,

I’ve had dealings with MyJar and managed to eventually get my account written off. The original loan was also £100 but they were claiming I owed around 3 times that.

In my experience with them, they completely ignored the 3 letters and estopple, in fact they stopped corresponding altogether for about a year. Then out of the blue they emailed asking me for details of my personal circumstances. I billed them as per the fee schedule for breach of the tacit agreement. They ignored the bill and then offered to settle the account if I paid them the £100. I billed them again which they didn’t acknowledge.

They then said they would waiver the entire account if I could demonstrate I was unable to pay. With nothing to lose, I sent them an email stating I was unemployed with over £10k of debts (which was true to be fair). A manager emailed me back to say they would waiver the outstanding balance and also claimed they would have done so much sooner had they known my circumstances. I’m not sure I believe that or if they are just softening up due to pressure from the FCA / the Wonga saga.

Anyway, they will never be able to enforce over £600 for a £100 loan these days, so there’s no harm in starting with the 3 letter process and go from there. I’m pretty sure MyJar never even defaulted me either, so worth checking that. If they haven’t, they can’t even pass or sell the account on to debt collectors. 🙂

All the best 🙂

Faljay replied:

If they have not issued a Default Notice, they cannot legally take any action whatsoever – not even ask you to pay.

Take Care.

😀

Songman replied:

Wonga rote off my payday loan after I told them I was broke. I had to give proof but that wasnt hard and they just wrote it off.

These muppets will never rip you off for 600 smackers matey, not now.

Write to them and say you cant afford to pay will they write it off – but only if you can really show you cant pay like, dont lie.

Manikbuzzard replied:

Check any emails/letters they have sent you as i have just started dealing with these parasites after receiving an email from them but i happened to notice a discrepancy in the email they sent me as they supplied me with two reference numbers one for a loan agreement and one for running credit account for the same debt, i added a section on to the letter asking them to explain the discrepancy in the email as there seems to be two accounts for the same alleged debt.

Cant wait to see what their response is to why there is two accounts for the same debt.

trolley replied:

Is there a time limit to issue a default? Can they do it 3 years later?

Faljay replied:

They can issue a default notice any time up to 6 years after the last payment made by you, after which time the debt can become Statute Barred, if no contact has been admitted by the alleged debtor. But as you appear to be in contact with them they can issue a default at any time. However, if they have not yet issued a default, they cannot legally take any action.

Take Care.

😀

trolley replied:

I’ve had no contact with them, just an email from them 4 years after taking the loan.

I’ve tried over the last 2 years to clean my file and this will mess it right up 🙁

There isn’t anything on my file about this loan at all at the moment.

Faljay replied:

Then what’s the problem? If the loan, or anything to do with it is not mentioned on your CF, then as far as anyone is concerned, it does not exist.

Take Care.

😀

trolley replied:

But I’ve had recent default notice from them for the 4 year old loan, confused as to whether they can do it or if it was just a threat

Faljay replied:

They must legally issue a Default Notice in order to act to recover any alleged debt. If they have issued one then they can now take debt recovery action, which may mean sending you a demand for payment, or pass off to a DCA.

Take Care.

😀

trolley replied:

I think you’re missing my point / question.

My last payment was 2011, I’ve had no contact since then. There has been no sign of it on my credit file.

Can they add it 3 years later?

Faljay replied:

As I said, they can issue a default up to 6 years from the inception of the loan or within 6 years of your last payment, to remain within the statute of limitations. However, if they contacted you prior to issuing the default asking for payment in full, or threatening any means to recover such as legal action that would be illegal as they had not, at that time, issued a default.

Hope that clarifies the matter.

Take Care.

😀

trolley replied:

So technically they could issue a default 5 1/2 years after the last payment? Then that would show for a further 6 years?

That’s harsh, i didn’t even realise i still had this debt until a few days ago when they issued the notice. There has been nothing on my file about it at all 🙁 All the hard work cleaning my act up will be undone for another 6 years 🙁

Faljay replied:

No, they would need to back date the Default to the time that the breach of the agreement was first made, or simply provide a copy f any default issued at that time, and provide proof they did issue a default at the time stated on the notice. However, the requirement per the CC Act 1974 section 89, is that they issue any default no later than 7 days after the default occurred, that means they must register it within that 7 days, whether or not they send out a notice, although by all legal rights they should send out the notice in that time as well. They could simply state they sent it and obviously it never reached you. Then, in return, you can state they must also have proof of servicing the default notice by proof of postage certificate.

The point of this is that if they did not issue a default and default notice in the required 7 days, then legally they have no powers to act to recover the alleged debt, nor can they assign it to anyone.

I know it’s convoluted, but they will try anything they can to show they acted correctly and within the law, when many times they have not.

Did they send you a default notice within the 7 days they state the breach occurred? if so did it conform to the Consumer Credit Act 1974 and The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983?

If not, then everything they have done since the date you actually defaulted on the account, has been done illegally.

Take Care.

😀

trolley replied:

I understand that a little better now, thank you 🙂

The default notice was served more than 3 years after i last paid anything. I have attached the letter i was sent via email

Faljay replied:

And have they threatened anything or taken any action since this default was issued?

BTW, as I mentioned earlier, they are required to send out the default notice no later than 7 days after the breach to the agreement occurred, under section 89 of the CC Act 1974, therefore this default is not valid.

Take Care.

😀

trolley replied:

That’s sound, no default has been issued as far as my file shows so far.

So i’m guessing this is just a scare tactic?

Faljay replied:

They probably think they are within their rights, but as per the invalid default, they have no rights.

Take Care.

😀

trolley replied:

Thank you, much appreciated 🙂

Jenitul replied:

Hello,

I found this thread after looking for some help on how to tackle MyJar, I thought you would like to know that my situation was exactly the same and they have just listed a default on my credit file and marked the date of default as 10/02/15 despite the account being opened and never paid on 30/12/2011. I have been working hard for the last 3 years to clear my financial history so this is devastating. Original sum for £100, now £272.

I never received letters or emails as notice. I am eager to challenge this with them but i am wondering if anyone has advice on how to go about this initially?

Firstly do i pay the debt, maybe ask for a breakdown of charges?

Do I request a CCA first or fire off a “how can you do this to me” letter first?

It has been suggested to others in various threads to email the CEO also. Pending responses, I intend to report to the ICO and FCA.

Thanks for your help!

Faljay replied:

Did you receive a Default Notice of any kind, and was it within the 7 days of the breach to the agreement? If not then they have no legal rights to pursue you or enforce any debt collection activities whatsoever.

Take Care.

😀

Jenitul replied:

Hi Faljay.

No, received absolutely nothing from them in the last 3 years. I emailed them in January 2012 (have proof of email sent) asking to freeze the interest as advised by the CAB and never received a response to that, which also puts the now £272 balance into query too.

I’ve held off on contacting the lender as I rang the FOS and an adjudicator is investigating this for me. They now have a dedicated PayDay loan department in order to address these issues sooner than other complaints. My main point was that had I received the default notice i can show via a bank statement that I would have been able to pay to avoid getting this default whether i thought the lender acted fairly or not.

I have come across various information on how long a lender has to issue a default. This ranges from 3-6 months to any point within 6 years of the last know payment. The ICO states “should be within 3-6 months” but this seems to be guideline rather than a formality. Hopefully if more people complain about MyJar’s practices then it will be flagged up.

Faljay replied:

No, it must be within 7 days as er the CC Act 1974, otherwise it is as if the breach never occurred and voids any attempts at remedying said breach by way of recovery action, legal proceedings, etc.

No idea why they would say 3 to 6 months when the Act clearly states 7 days, which is Law.

Take Care.

😀

Poor_Man replied:

Guess what?

I am in the same boat. Took out in 2011. Only now they are doing something. They put a default on my file. For 662. Default late March 2015. But account from 2011. No contact in between.

Sigh 🙁

Poor_Man replied:

Trolley, I know exactly how you feel. This is the same thing that is happening to me 🙁