Jump to content


  • Tweets

  • Posts

    • Sorry I didn’t think to come and update this.    So the outcome was that he went to court. Apparently the judge told the landlord off for not sending a letter before action but did nothing about it. He didn’t accept all the damages the landlord claimed, and told him off for accusing my friend of deliberately and maliciously damaging anything, and he awarded him small amounts of the damages he claimed for. The landlord had also made an awful lot of things up that never existed and accused my friend of stealing them, and the judge didn’t accept any of those claims.   However, I’m back asking advice now. So he made an offer of payment via the court forms, sometime before Christmas and straight after the hearing. The landlord didn’t reply so the court accepted the payments.  My friend has been paying the £10 a month each month. Then a couple of days ago he had received a letter from court with a hearing date in a couple of weeks, and a very irate letter from the landlord saying that my friend has consistently lied and that nothing he says should be believed, and that he wants the bailiffs to be called on him and that he absolutely refuses the payment plan. The letter is marked as received by the courts in December and this is the first that’s been sent since then. My friend and his wife are now panicked, what does this mean? And can they now get bailiffs sent round? He earns an ok wage, which somehow the landlord has referred to in his letter, but he equally has a lot of expenditure and can’t afford to pay any more. What will happen at this hearing and can they send out the bailiffs just because the landlord wants them to?    I have no clue what to advise him, can you help at all please?
    • Thanks Bank – I took your cynicism / experience on board and responded thus: Thank you for your response Mr Schnur  I set out my position quite clearly in my letter of claim and nothing has changed. Your insurance requirement is unlawful and is contrary to section 57 of the Consumer Rights Act, and also section 72 of the same statute. I would also refer you to the outcomes in PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729).  My deadline for action - 1 May 2024 - still stands.
    • The other thing is that you are making a big mistake imagining that they are at all concerned about wasting court costs et cetera. They are only concerned about being obstructive and discouraging others.  
    • I have dad's last will from 2019 which mentions the trust. I am in the process of going through probate as the only thing that needs probate is a couple of shares he has (under £3000).  Speaking to my brother and my dad's wife they wouldn't mind going with another solicitor if we need to pay extra for the trust.   
    • That's fine. My taste is for something rather more brusque and that he won't forget – but it's your letter
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Help with CASH ASAP


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2527 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello

 

I'm wondering if you can help me.

 

I've got myself in a mess with payday loans. I've put a stop to the borrowing and tried to get some payments reduced etc.

 

One of the longest borrowing periods is from CASH ASAP and I'd had a loan from them every month for 18 months. I recently asked for current loan to be written off and some of interest to be refunded as a gesture of goodwill.

 

They have responded 6 weeks later saying they can't uphold my claim because of what I filled in on the expenditure form made it look like I had a lot of disposal able income - when I really didn't, otherwise, why would I be taking a loan every month for 18 months....

 

This is there response

 

-----------------------------------------------------------------------------

 

We have investigated your complaint and our findings are presented below.

 

We consider a variety of factors before approving one of our clients for a cashasap.co.uk loan and always carry out credit and affordability checks. We considered the information that you provided to us in the application form, the information that we store in our own database and your credit file information that we received back from Callcredit Information Group before we made our lending decision. You can get a copy of your credit file by contacting Callcredit Information Group directly:

 

You had a total of 15 loans from us including the loan that is currently overdue. You evidenced the accuracy of our assessment by settling 10 of your loans in advance of your scheduled repayment date, 2 loans on your scheduled repayment date and 2 loans 1 day after and 5 days after your scheduled repayment date which was after you contacted us in advance to notify us that you made a mistake with your pay date. You can always access your Summary of Borrowing in the My Account section of our website.

 

You are responsible for the information in your application form being accurate and not misleading. You told us that you earn £1,180 for your first two loans, and you confirmed a steady increase in your income over several months.

 

You summarised your expenditure at £400 for your first 4 applications. We asked you to give us a breakdown of your expenditure for your 5th loan onwards and you explained that you are living with your parents and spend your money on rent (approx. £200); clothing and food (approx. £35); Internet, landline and mobile phone bills (approx. £45); other loan or credit card payments (approx. £45); travel (approx. £30) and other regular monthly expenditure (approx. £150).

 

We did a credit check for each of your applications and your credit file showed that you did not have a single default in the last 3 years and made all your repayments in a timely manner. Given the amounts that you were looking to borrow, relative to your monthly income and expenditure and your credit history, we approved your applications.

 

It is also clear from your income and expenditure that you did not have to borrow again if you spent the loan proceeds on your living expenses. If you chose to spend your loan proceeds on discretionary expenditure and not your living expenses those were the choices that you made and it does not mean that the lending decisions which we made were unaffordable. The average cost of your cashasap.co.uk loan was £49.70 which we hope you would consider affordable and a fair and reasonable price to pay for the times when we helped you out with your cash flow needs.

 

We therefore cannot uphold your complaint.

 

Although we cannot uphold your complaint we want to help you settle your cashasap.co.uk loan in a way that you can afford and close this case in a way that is acceptable to you and recognises the fact that we appreciate you being our customer. Your cashasap.co.uk loan was due on 28th April 2017 and your account is currently overdue. Your current balance is £425.06 and we can write off all interest and charges on your loan and accept £172.63 as full and final settlement of your complaint.

 

To take advantage of the reduced balance settlement offer please make your payment by bank transfer using our bank account details below. We can also accept the repayment of this amount in manageable monthly repayments of £30 a month if that helps you to manage your current financial commitments.

 

----------------------------------------------------------------------

 

Where do I stand here? Thanks

Link to post
Share on other sites

Were you borrowing to repay other loans?

 

 

I must admit, I am at a loss to understand why you needed to borrow from them every month as well ?

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

Link to post
Share on other sites

I'd take it to the FOS and see what they say, worse case is they say their offer is fair so nothing ventured nothing gained. Personally I think you have a realistic chance of getting some money back, lending to you 18 months running on what is supposed to be short term loans isn't very responsible from them. No defaults on credit report could be meaningless, how many accounts have you opened during this period? you've opened 18 with cashasap alone, if you have been borrowing from somewhere else that will be on there too and it suddenly paints a lot worse picture than a single default.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...