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Hello. i obtained a loan through andrew hart/payday overdraft. However in the same month i became homeless and unemployed. i explained my situation and advised i would pay the debt asap. however i did break my repayment plan. i understood i would have charges and asked if he could just freeze them and when working i would make proper payments. i got a job and in total have paid between 400-500 to him. however i felt this was enough. but andrew hart has now said i owe him over 2grand. I stopped making payments and asked him to provide me with a breakdown of why i owe more. i sent him countless emails asking for this, he ignored them all. eventually he responded with a breakdown, which is ridculous!!He is now threatening court action, AGAIN. i dont have a good credit history, but my other debts are all with nice payment plans, charges frozen and its great im clearing them all. How the hell is it good to charge some one a further 2k, on top of the near £500 i have paid, for what was a £60 loan? Any advice would be great. ThanksRachael

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Well i will fight it all the way. i made payments whenever i could, i did contact him, i have emails to prove how many times i chases him for a breakdown. i have a breakdown but it doesnt show my payments. its as though he ignores them! luckily i have emails confirming he recieved payments.

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https://www.paydayoverdraft.com/cms/Terms-Conditions.html

Have had a look at this, and they justify charges on the basis that you don't make repayments nor do you communicate with them. Have you gone through their complaints procedure? If not, go on the offensive and make a complaint. Put together a case file for the Financial Ombudsman: include copies of emails sent and received; payments made; original loan amount and date taken out; and a covering letter stating that they are causing you extreme distress and failing to take into account extenuating circumstances (unempoyment etc.). Check out the irresponsible lending document, available from the FOS site.

 

'Failing to treat borrowers in default or arrears difficulties with

forbearance.

The OFT would encourage creditors to consider suspending any further interest

and charges and/or allowing deferment of payment of arrears under

circumstances in which a requirement for immediate payment of arrears may

either increase the borrower's repayments to an unsustainable level or otherwise

necessitate the repayment period for the borrower being substantively extended

such that it becomes unreasonably excessive.35

In the OFT's view, creditors should consider reducing or stopping interest and

charges when a borrower evidences that he is in financial difficulty and is unable

to meet repayments as they fall due or when he can only make 'token'

repayments such that his level of debt would continue to increase if interest and

charges continued to be applied.'

 

This is a quote from it that may be relevant to your situation. Refer to this in your letter to the FOS and in your complaint to the company. You can download a form (the letter) from the FOS site and fill it in to send with your documents substantiating your claim that Andrew Hart has not adhered to pint 7.4 on page 66 of the irresponsilble lending pdf. Best of luck Fight fire with fire!

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i am going to pursue it with financial ombudsman. i never ignored his emails, obv i never got any post mail as id left the propertyWhen i tried to make a complain with payday overdraft, andrew hart said this is my company so tough basically. i cant complain about his vile nasty attitude. He talks to me like something off the bottom of his shoe. he doesnt answer my questions just says court action court action. he's a vile man

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i am going to pursue it with financial ombudsman. i never ignored his emails, obv i never got any post mail as id left the propertyWhen i tried to make a complain with payday overdraft, andrew hart said this is my company so tough basically. i cant complain about his vile nasty attitude. He talks to me like something off the bottom of his shoe. he doesnt answer my questions just says court action court action. he's a vile man

Explain his attitude to FOS on the form you download. If there isn't enough room, add another sheet. His attitude is, he thinks, going to wear you down to such an extent that you will just do what he wants. Believe me when I say that if you direct your energies to filing your complaint with the FOS you will gain strentgh. It is tiring and upsetting but it is a positive thing, and far better than becoming more and more depressed trying to deal with someone who is hell-bent on not listening to you. The FOS has the power to recommend withdrawal of his consumer credit licence and the threat of the FOS taking action will hopefully go a long way to 'putting the boot on the other foot'.

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You could get a PO BOX no from the post office, I am sure the FOS would understand if you have not got a stable place of residence.

 

Back in the old days people used to be able to use their bank as a place for post to be kept if they were travelling, doesn't seem to happen now!

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I dont have a stable living situation at the minute, and if they needed a postal address i couldnt provide one

Is there someone who would allow you to use your address for post? The FOS form does ask for an address, and an email address. You could go to your local CAB and ask for their help with your complaint to the FOS, who can also be contacted by phone. The CAB may give permission for you to use their address on the form, but if they contact the FOS on your behalf, in your presence, it adds further strength to your case. It adds to your vulnerability. Please don't be offended: this company is exploiting your vulnerability. I have used the FOS on behalf of my son, and they intervened and the matter was resolved fully.

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His attitude mentioned seems to be present from the very start of his relationship with customers.

 

9. INVESTIGATION COST

In lending money to you the client we expect you to honour your repayment on time. If you fail to do so we will incur time and cost to recover the debt that you are avoiding.

PLEASE NOTE THESE ARE AVOIDABLE AND ARE COSTS THAT YOU WILL INCUR BECAUSE YOU ARE AVOIDING COMMUNICATION AND REPAYMENT SO WE ARE IN OUR LEGAL RIGHT TO CHARGE AND COLLECT THESE BY YOU SIGNING THE AGREEMENT HERE. IT IS BECAUSE YOU ARE MAKING US SPEND OUR TIME AND USE INVESTIGATIVE TOOLS TO FIND YOU AND PURSUE THE DEBT YOU COULD HAVE WITH US

 

It would seem that you also incured time and costs, and without response, so you can tell him that your fees have cancelled out his fees and without negotiation.

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Hi rach

 

Report them to the OFT, that can be done online.

Report them to Trading Standards that can be done online.

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT664Rev.pdf

 

http://www.financial-ombudsman.org.u...complaints.htm

 

Send them a SAR request, they have 40 days to respond with all the data they hold on you.

Template in the library. Once you get a postal address sorted out. Then ask for further advice.

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Hi Rach

 

From monday 8th Jan I believe that a Credit Union can help you.

 

http://www.itv.com/daybreak/money/ph...islation-2012/

 

http://www.abcul.org/media-and-research/news/view/193

 

Finding a Credit Union :- http://www.findyourcreditunion.c o.uk/home

 

 

thank you every one. i hope i can get this resolved. he is a horrible man and advise anyone against trading with him again x
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Please report mr (deliberate little 'm') Hart to Trading Standards and the OFT.

 

having looked at his websites (3 in total) all the charges within them are unfair and unenforceable at law (IMO)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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There are more than 3..

Ignore and log his calls, laugh at him down phone and hang up. Keep all emails & Text's.

I went through it all with this company so I know how you feel.

http://www.consumeractiongroup.co.uk/forum/showthread.php?297067-Company-says-that-I-owe-them-money-but-have-no-idea-who-they-are...-is-it-a-con

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There are more than 3..

[/url]

 

Are you sure?

 

the OFT throw up 3 names

Doshloans

Paydayoverdraft

Wagepayday

If he has more than that, I would like to know as any others are not allowed

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Hart's ability to create problems should not be underestimated; he is all the more dangerous because he is stupid. Despite complaints the OFT have failed to act and unfortunately individuals like Hart will only end their activities when they are stopped by the authorities. We can only wonder how the OFT could imagine that someone as utterly unprofessional and unpleasant as him is fit to hold a consumer credit licence.

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Hart's ability to create problems should not be underestimated; he is all the more dangerous because he is stupid. Despite complaints the OFT have failed to act and unfortunately individuals like Hart will only end their activities when they are stopped by the authorities. We can only wonder how the OFT could imagine that someone as utterly unprofessional and unpleasant as him is fit to hold a consumer credit licence.

 

As far as I can tell the OFT are about as much use as a chocolate fire-guard..! I would be seriously considering instigating a commercial lien against him for the Tort of harassment myself.!

ʎɐqǝ uo pɹɐoqʎǝʞ ɐ ʎnq ı ǝɯıʇ ʇsɐן ǝɥʇ sı sıɥʇ

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Hi im looking for some help I did have a loan off this company but missed a payment. I did try talking to them to say they were unhelpfull would be an understatement they said my offer of payment was too low then I started getting texts and emails and phone calls saying they cost £5 each sometimes 3 or 4 a day I tried communicating via texts and emails getting threating genric replies al while the added charge after charge a default charge now legal charges. Iv got to the point saying ok issue the claim Ill challenge part of the claim as the unfair charges. He still emails and texts and calls I asked why he was doing so if he had issued a claim no reply to that have been waiting a week for this claim not had it yet. Do I have any chance disputeing the charges ?? I wouldnt mind I said Im happy to pay the original loan and some FAIR charges but they said no. Any help would be appreciated James

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I think I would be inclined to say 'well stuff you because that is all I'm paying', that's me mind you.

 

Duplicate post removed.

 

I have considered that but the keep trying to take the full amount from my card Im worried about giving new card details to make a payment now incase they take all my wages. They tried to do it so many times on my old card my bank fraud dept called me

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