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    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
    • Sars request sent on 16th March and also sent a complaint separately to Studio. Have received no response. Both letters were received and signed for.  I was also told by the financial ombudsman that studio were investigating but I've also had no response to that either.  The only thing Studio have sent me is a default notice.  Any ideas of what I can do from here please 
    • Thanks Bank - I shall tweak my draft and repost. And here's today's ridiculous email from the P2G 'Claims Dept' Good Morning,  Thank you for you email. Unfortunately we would be unable to pay the amount advised in your previous email.  When you placed the order, you were asked for the value of your parcel, you stated that the value was £265.00. At this stage the booking advised that you were covered to £20.00 and to enhance this to £260.00 you could pay an extra £13.99 + VAT to fully cover your item for loss or damage during transit, you declined to fully cover your item.  Towards the end of your booking on the confirmation page, you were then offered to take cover again, to which you declined again.  Unfortunately, we would be unable to offer you an enhanced payment on this occasion.  If I can assist further, please do let me know.  Kindest Regards Claims Team and my response Good Afternoon  Do you not understand the court cases of PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729)? In both cases it was held by the courts that there was no need for additional ‘cover’ or ‘protection’ (or whatever you wish to call it) on top of the standard delivery charge, and P2G were required to pay up in full for both cases, which by then also included court costs and interest. I shall be including copies of both those judgements in the bundle I submit to the court next Wednesday 1 May, unless you settle my claim (£274.10) in full before then. Tick tock…..    
    • IMG_2820-IMG_2820-merged.pdfmerged.pdf Case management was this morning. Here is the Sheriff’s order. Moved case forward to 24/05.   He said there was no signed agreement and after a bit of “erm, erm, yeah but, erm” when he asked them, he allowed time for sol to contact claimant.  what is the next step now? thank you UCM  
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New payday loan survival guide by mike dailly-govan law centre./ correct at 22.09.2015


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Sunday, 14 July 2013

 

How to tackle payday lenders: GLC's new Payday Loan Survival Guide

 

listen_en_uk.gif

Screen+Shot+2013-07-14+at+17.58.25.pngWith 90% of the payday lending market failing to comply with consumer protection laws to the severe detriment of vulnerable consumers, Govan Law Centre (GLC) believes there is now an urgent need to help people in the UK to fight back against payday lenders.

 

The payday lending market was recently referred to the Competition Commission, and in 2011/12 there were 8.2m new payday loans made in the UK alone. There is every expectation that this number will continue to rise, and with it the financial exploitation of consumers across Great Britain and Northern Ireland.

 

GLC has therefore decided to publish a free 'Payday Loan Survival Guide' for consumers across the UK. Our new guide explains how consumers can take back control of their finances, challenge unfair interest and charges, stop payday lenders from emptiying their bank accounts, and pay back debts legally due on a reasonable and affordable basis. The guide has been written by GLC's Principal Solicitor, Mike Dailly.

 

Govan Law Centre's new Payday Loan Survival Guide is designed for all consumers across the UK in difficulty with payday loans, and can be downloaded here (as a PDF) for free.

 

Our guide is free. It has been produced without funding, and we will be posting a link where charitable donations to GLC can be made by those who would feel able to help our work in this field. http://govanlc.blogspot.co.uk/2013/07/how-to-tackle-payday-lenders-glcs-new.html

Edited by tawnyowl
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Thanks for this Tawnyowl

 

Love the avatar :)

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thank you so much.

I am glad you like the avator.

One of the CAG members told me how to do it and helped me put it on some time ago.

I can not recall who, age and the mists of time are my excuses.

I think it may have been SOD-EM.

Definitely a member but also a general reference to Legal Loan Sharks some may say.

Anyway good on you Mike Dailly.

Sharkbiter,extreme.

The peoples champion.

The piece will help many.

Should get a medal and a song for writing such a piece.

Mind you he was or is Scotlands solicitor of the year.

Should be the solicitor of the decade.

I will now shut up and retreat to my perch.

Edited by tawnyowl
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You beat me to it Tawny. I was just about to put this on your thread. :-)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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TOOTHFAIRY are guilty of misselling right away. Their website boasts this - we welcome all customers, regardless of your situation, employment status or income level. You’ll find that we don’t try to tie you in for years, sell you extra products or charge any hidden fees. A letter offering repayment of the original loan of £400 without interest on the way! ..as they now want £2400! we must make it not worth their while lending. A huge thank you for this invaluable guide:)

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a worth while piece of work. will be donating, def worth it.

 

Just to make sure credit goes where it's due, this was produced by Govan Law Centre.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

What about mis-selling on the basis that they seek to improve credit rating but they infact damage credit ratings due to being payday lenders....is there a guide or advice anywhere for that?

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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That had occurred to me...but....first they would need someone to take them to court for a test case presumably...

 

e.g. credit rating score of 1 out of 5...and just because you are working they give you a loan. So much for them doing proper credit checks! Martin Lewis should be the one to know if they can be done for mis-selling they would all be guilty and that would be the end of them...

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I had an e-mail sometime telling me that having one from a company beginning in V I can't remember now but saying that if I took it that it would improve my credit rating which I thought was great for a small price.....surely if that's the basis in which someone took a loan out and it isn't the case, especially given that the lender has the resource and knowledge of the industry to know this isn't the case then they've mis-sold the loan??

 

I might be being a bit too simple here......

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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What about mis-selling on the basis that they seek to improve credit rating but they infact damage credit ratings due to being payday lenders....is there a guide or advice anywhere for that?

 

Do you mean even if you pay the loan off,the fact that the loan came from a payday lender can harm your credit rating.

And maybe other firms take the view-Bit dodgy this fellow he needed a payday loan.

I read somewhere people were turned down for a mortgage due to the fact they had taken out a payday loan in the past.

Found it.

http://uk.finance.yahoo.com/news/payday-loans-could-cost-mortgage-141535900.html

Perhaps a wise one will come on and answer your question.

Very interesting.

If so it certainly needs looking into

And may make some think hard about taking these loans.

Payday loans could harm your future.

When life takes a turn for the better.

Edited by tawnyowl
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Yeah everything repaid on time all hunky dorey.

Absolutely firms must take that view that its a sign of desperation and I've found articles that suggest pre 2012 payday lenders were classed as loans all the same so creditors wouldn't really know the difference but then things changed and CRA's classed them differently so it would, as you've said have that impact as a negative (with a slight twist of sugar that you've repaid on time).

 

Yet they continued to advertise that they would improve your credit file.....surely thats inaccurate leading consumers to take a decision that they wouldn't have otherwise taken.....

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Following it through...mis-selling normally applies to ppi - in which cases people got all their ppi money back. mis-selling of loans?...would everyone get all their interest charges back? Lovely thought that, everyone would suddenly become wealthy, and the economy would improve immediately as more cash can be spent properly...

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Again I might be simple but it depends the damage the individual suffered and the nature of the decision taken so I'd say something re credit file either remove entry or compensate for incorrect advice.....surely they're regulated by COBS which provides that they treat consumers fairly? Could it be a breach of contract that they make misleading statements in their adds which led you to take a decision?

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Again I might be simple but it depends the damage the individual suffered and the nature of the decision taken so I'd say something re credit file either remove entry or compensate for incorrect advice.....surely they're regulated by COBS which provides that they treat consumers fairly? Could it be a breach of contract that they make misleading statements in their adds which led you to take a decision?

 

Hi orfoster Both your posts make perfect sense to me.

This part of the payday loan problem i had really not looked at before,but will now.

I had not even heard of COBS before.

Is this it. http://fshandbook.info/FS/html/handbook/COBS

Interesting thoughts from many

Let us find out.

Warnings should be issued in their shops.This loan could cost you your future dream,a house.Many things

Many credit agencies seem to group payday loans,if you have had them in a separate group on your credit file.

Someone comes along when you want further credit,perhaps in the future,sees this toxic product,goes into shock,and declines.

It will have possibly been covered before but thanks orfoster.

Let us get to the bottom of this.

What can be done,re the thought about you sold me this loan,no warnings were given about possible damage to my credit file,so you missold me this loan i do not know.

Or the breach of contract thought.And misleading statements.

But someone does,somewhere.

And will be along soon i bet.

My simple look at things.

Edited by tawnyowl
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Ooh, tawnyowl, you haven't heard of COBs or BCOBs before.. please have a look a the articles linked in my signature - highlighted in GREEN. :)

 

No 5 is the COBs link :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Oh.Thank goodness.A wise one has appeared.This is what i call the helpers the site team .

Helped me out many times in the past.

Thankyou for pointing out the links.

I will immediately (had to look that up, spelling and old age) take to studying..

Your links on your signature CitizenB are about to warm up.

Orfosters posts seem interesting to me.

Raises a few thoughts.The few i have anyway.Most these days are about the taming of the predators,the payday lenders.And their targeted lending.

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Oh.Thank goodness.A wise one has appeared.

 

:lol: thank you for your kind words.

 

I have been linking PDL health warnings on another thread this morning. I would very much like to see as many examples as possible of any PDL advising /advertising that by taking out a PDL and repaying it on time, would help someone's credit rating.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Good work.Do you think a thread should be started,and get peoples reactions to the credit file problems.Would you start one CitizenB

There is something of the night about it all.

How many people know that payday loans may harm their credit file.Or may affect future purchases

Or the thoughts of misselling,breach of contract.

It may have been done in the past, but faded in the mists of time.

But it could be a big problem.For many

Got me going last night and this morning.

And that takes some doing.

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Yes, I can sort that out, tawnyowl.

 

BRB

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Here you go tawnyowl. If you think I can add something to the first post , then please say :)

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?398164-Pay-Day-Loans-damage-to-your-future-credit-rating

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 1 month later...

Hi, hope this will be helpful. On this occasion, for what it's worth try to get them on the phone. If they are a "responsible" company they will agree to a plan. the O.F.T. says they must not ignore that kind of request. If you go ahead (I know from bad experience) and just decide to pay e.g. £10 a month into their s/c and account number, using your cust ref. number as a reference; unless it is agreed you run the risk of getting a default on your credit rating. You can check it yourself anytime, it's free for life- called Noddle. If they won't speak to you, and ultimately you get a default, contact in advance of that the O.F.T. explain everything to them. Then if the worst happens, you can get back to the O.F.T. and ask to get it removed.

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