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Should I Sue? Legal Advise Needed Please - Business - Nairaland

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Should I Sue? Legal Advise Needed Please by Palaver: 10:42am On Sep 27, 2018
I was introduced to palm credit (a micro scale lending company) and I took a loan of three thousand naira which I paid back.
Shortly after, I was in need of quick cash, so I patronized them again. However, due to serious cash crunch which I have experienced lately due to decline in my business activities, I defaulted in the repayment of the loan for thirty days.

Before taking this loan, I read their terms and conditions carefully, and I understood that the punitive measure for late repayment was accrual of interest on the principal loan and also reporting to the National Credit Bureau. In terms of confidentiality of agreement, this is what is written on their site;
"When using Palm credit, your data is always secure. Our platform uses world-class standard security and encryption technology to protect all details. When you provide us with information, you can also be assured of your privacy - our loan agreements are always kept confidential. Palm credit never shares your information with third parties unless it is for dedicated business purposes, such as reporting defaulted loans to authorized credit bureaus. We do not sell your data or credit profile."

However, to my uttermost consternation, Palm credit started messaging my phone contacts (randomly) the following "Please inform (my full name) to settle loan repayment of eight thousand, seven hundred and thirty six naira as soon as possible else, actions will be taken against him. If in doubt, please call (my name) on (my mobile number)".

Three things were wrong here;

Palm credit broke our confidentiality agreement.

In a desperate move to embarass me, Palm credit inflated my loan repayment by over a hundred percent. When I checked to see the amount due for repayment, it was actually four thousand three hundred naira and not eight thousand seven hundred naira as claimed by Palm credit.

While using the Palm credit app on my device, Palm credit swept through my phone and copied my phonebook contacts with the callous aim of messaging them to embarass me.

I tried calling their customer care and they refused to pick. I also tried to speak with one of their agents on phone but she also declined to speak but instead ended the call on me severally after realising their foolishness.

I had intended to make the repayment next week as soon as my clients pay me for the previous work I have done for them but I have now decided that I will NOT repay that loan until Palm credit retracts their messages by apologizing to the random contacts they messaged from my phonebook. 

I have contacted a lawyer and I will be suing the company for breach of confidentiality as contacting third parties apart from the credit bureau was not part of the terms and conditions made available on their site and app. This incident is a clear indication that these online lending companies (especially palm credit) cannot be trusted with your information (phone contacts, BVN, and account details). They are rogues!

Re: Should I Sue? Legal Advise Needed Please by warrenweste(m): 4:47pm On Sep 27, 2018
@palaver Palaver

Pls...drop your number bro need to talk to you urgently
Re: Should I Sue? Legal Advise Needed Please by yanmiri(f): 9:38am On Sep 28, 2018
Wait first...you borrowed 3k, then, 8k

Are these coded figures?
Hope you're trolling
Re: Should I Sue? Legal Advise Needed Please by CaptainMitch: 10:09am On Sep 28, 2018
Don't borrow if you have no plans of repaying on the scheduled date.

1 Like

Re: Should I Sue? Legal Advise Needed Please by All4good: 10:44am On Sep 28, 2018
@Palaver listen to your self.
You want to commence litigation. What is the budget for the court processes uptill your winning the case? I believe the lawyer you contacted should have done that.
You want to send over a N100k at least over your error in defaulting on a N4k loan.
Whom are you trying to impress ??
You better pay back that loan + interest as soon as you have the funds.
The lender has only activated step 1 of loan recovery procedure which entails using 3rd party arbitration. They won't stop there and their next move might even a lien on your other accounts in Nigerian Banks. Ask your lawyer about this to be sure he even knows his onions.
Be wise

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Re: Should I Sue? Legal Advise Needed Please by 9japrof(m): 10:50pm On Oct 02, 2018
OP abeg sue if you think your rights have been infringed on, sue the mofos


You never can tell weather you would win them in court, and they would award you ten million naira in damages(maybe na the way wey God wan use blow u..

If the company sees you are serious, i bet you they would settle for out of court settlement to ensure that the court process wouldnt give them negative PR rating

1 Like

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