Hi admin, couldn't find a Payday Express forum, could you please move this conversation to correct place for me.

OK I have made a complaint to payday express re a loan provided even though my credit rating at the time was shot to bits with lots of defaults and other pd loans. They have come back to me and said they have'nt been able to look into my complaint due to a heavy workload.

So now I want to take my complaint to FOS but need help on how to word my complaint now that PDE have failed to respond within the weeks they were given.

Thread moved to correct forum.

So, basically they are saying they won't even investigate the complaint due to the workload? You couldn't make it up could you.

I think a basic letter (or email) to the FOS should state just what you have put above. I would think PDE are hoping you won't continue with this.

After the first 25 complaints (which are free) the FOS will then charge PDE for each complaint which will cost them far more than they would have to pay out in the first place.

Strange!

am still waiting for their official response, but it boils down to the fact due to a heavy workload etc etc.....but that they still might come back with a response at some point in the future, and that I am free to contact FOS if I am not happy.....my complaint as above was for 2 loans back in 2013 - one in june and the 2nd in july, the 2nd one i defaulted on and although I cant remember how much the original loan was for, with default charges late fees etc the debt now stands at just over £800....my complaint was to get back all loan charges and write the unpaid debt off.....does the fact that they have failed to respond with a final offer make my case stronger to get the debt written off?

As they have said they 'might' come back with a response, I feel that to complain to the FOS may be fruitless unless it already is over the 8 week response time.

Just because they have a heavy workload is not your fault so they should investigate.

The FOS has made many decisions in the consumers favour however, it isn't a given.

Detail what you have done previously to resolve this, include any letters (or emails) they have sent you. Don't make it too long and include bullet points to make it easier for the adjudicator to understand.

PDE have had 8 weeks to respond and they have stated that they are still investigating - so it is over the 8 weeks period as of right now

Escalate to the FOS then. That will cost them another £500 on top of any compensation to you.

Bear in mind the FOS are also VERY busy so it will take time unless PDE fold at the first contact.

ok then, this would be my complaint to FOS and what I would like as a resolution;

My complaint is that Payday Express failed to carry out the appropriate credit reference checks on 2 loans taken out in 2013. Should they have carried out even a basic level credit check they would have clearly seen that I had taken out numerous payday loans in the recent past, had numerous defaults against me and at least two CCJ’s which had only recently been settled and therefore the loans would not or should not have been granted.

I have raised a complaint with Payday Express regarding both loans asking them to remove all references for these loans from my credit files, to refund all loan charges, interest charges and default charges and to write the unpaid debt off. I gave Payday Express 8 weeks to respond and they have advised that due to a heavy workload that they have been unable to look into my complaint within this time period, but that they may still come back to me with a final resolution, although no time frame has been given for this.

Secondly, after receiving an email from Payday Express dated 4th April 2014 stating that I owed £850ish to which I replied that “To whom it may concern, I have neither admitted this debt nor have I made any agreement to any form of payment. Please ensure your records show this”, that Payday Express failed to respond with any form of reply and that on the 17th April 2014 another email was rec’vd from Payday Express stating that they had still tried to take the amount of £850.50 from my account even though they had provided no to information to prove that I owed this debt. (Copies of these emails are included).

I also think that it would have been clear to Payday Express that any loan would have been a risk as I also failed to pay back on time previous loans taken with them. (A copy of an email sent to Payday Express on the 01/03/2013 relating to a previous loan is included).

What I would like to be done;

I wish to ask that all references to loans taken out with Payday Express to be removed from my credit files.

Any and all interest charges, loan charges and default charges on loans taken out with Payday Express - not limited to the 2 loans mentioned in this complaint but associated with any loans tkaen with Payday Express to be refunded to me.

The loan that is currently outstanding to be written off.

I've had the same response. When I asked PDE what the issue is I just got a standard reply "you are free to contact the FOS etc"

I've had the same response. When I asked PDE what the issue is I just got a standard reply "you are free to contact the FOS etc"

Do you have a thread on this?

My suspicion is that they are fobbing people off as they know a lot of complainants won't go as far as the FOS.

Do you have any idea of how much you think they may owe you? If not, you may need to get the statements to get a better picture.

It would be a lot quicker to take court action BUT never threaten them with action unless you are prepared to follow through.

If you have good enough figures to make a claim, a Letter Before Action is the first step giving them 14 days to respond. On day 15, claim!

update - final response rec'vd due to the intervention of FOS - PDE have accepted no liability, said everything was done, credit checks etc etc - unless its a typo error on their part thay state in their final response that my "your net monthly salary as £12,152.00" ...I wish it was....I took 2 loans with them at a time when I was reliant on PDL's - the first loan was for £200 paid back on time - the 2nd loan was for £500 taken out the day I repaid the 1st loan. Anyways usual story could afford to repay it and now the debt stands at £850 - they have offered as a gesture of good will to waiver the £250 of charges - but not stated what is to appen to the remainder nor have they confirmed that they will remove the details of these loans from my credit files

they also state in their final response/offer - Our Settlement offer is made without any admission of liability and will remain open for fourteen days from the date of this letter. Our offer is strictly confidential and conditional upon you agreeing not to disclose to any third party details of the offer, the fact that an agreement has been reached and the terms of our agreement.

Well, you have just breached the terms of the agreement but I don't think it matters because it is only binding if you agree to it. I suspect they don't want the Ombudsman doing anything more.

Personally, I would reject it and let the Ombudsman make a decision. Remember, it is an adjudicator that makes the initial decision and if you disagree, they will escalate it to the Ombudsman. If the Ombudsman doesn't agree with you, you can still reject the offer and take matters into your own hands (legal action)

i didnt think they could stipulate terms in their offer

Well I would point out to them that if you were earning that much a month, then you wouldn't have had to borrow from them in the first place ? Also, if they can make such a mistake in a letter to a customer then what other mistakes have they made ?

yep - i have decided to thank them for their response and emailed them asking for confirmation f a few things, like if i did state my monthly take home was that much then it would have shown on my credit files, and why on earth would i want a payday loan if i earnerd that much - and given them 3 days as theyve already had 10 weeks

i think i read somewhere that FOS will charge PDE £500 if FOS deal with my complaint - if this is correct???? would it be worth reminding PDE of this as I would still owe them £500 and am happy to make an arrangement to pay it off providing they remove it from my credit files

From my own recollections (and as posted above #2) each firm pay a fixed amount each year and for that they get 25ish cases free of further charge. After that, for each complaint accepted by the FOS, they will charge the company approx £500 for the privilege of investigating them. Pay day loans are still high with the FOS so I would imagine that PDE has already exceeded its free ones.

Any news?

Any news?

Hi, they found in my favour for the 2nd loan as this was over twice the amount of the first loan. I still have to pay the loan amount back but all interest, defaults etc are to be removed and when it is repaid removed from my credit files.