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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Pounds to Pocket Mess


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Hi all,

Below I have attempted to outline my dealings with Pounds to Pocket.

 

 

Agreement No:7166***

Interest Principal

14/06/13 £1150 borrowed

28/06/13 £173.79 repaid 061.75 112.04

31/07/13 £173.79 repaid 131.38 042.41

30/08/13 £173.79 repaid 114.55 059.24

14/09/13 LOAN REFINANCED

£155.00 disbursed to my account

£1145.18 new loan amount (no idea how this was calculated)

 

Confirmation email: "Please note that the status of loan #7166*** will be "paid off" as it's been rolled into your new loan #7734***"

 

Agreement No: 7734***

Interest Principal

14/09/13 £1145.18 borrowed

30/09/13 £172.89 repaid 070.27 102.62

09/10/13 LOAN REFINANCED

£065.00 disbursed to my account

£1145.84 new loan amount (no idea how this was calculated either)

Confirmation email: "Please note that the status of loan #7734*** will be “paid off” as it’s been rolled into your new loan #7857***"

 

Agreement No: 7857***

Interest Principal

09/10/13 £1145.84 borrowed

31/10/13 £181.29 repaid 101.65 079.64

29/11/13 £181.29 repaid 124.70 056.59

31/12/13 £181.29 repaid 122.15 059.14

31/01/14 £181.29 repaid 119.89 061.40

14/02/14 LOAN REFINANCED

£235.00 disbursed to my account

£1147.59 new loan amount (no idea how this was calculated either)

 

Confirmation email: "Please note that the status of loan #7857*** will be “paid off” as it’s been rolled into your new loan #8427***."

 

Agreement No: 8427***

Interest Principal

14/02/14 £1147.59 borrowed

28/02/14 £172.36 repaid 061.62 110.74

31/03/14 £172.36 repaid 123.28 049.08

30/04/14 £172.36 repaid 113.66 058.70

30/05/14 £172.36 repaid 106.90 065.46

30/06/14 £172.36 repaid 102.68 069.68

31/07/14 £172.36 repaid 094.40 077.96

29/08/14 £172.36 repaid 079.63 092.73

 

Repayment becomes erratic at this point - my stepson took his life.

 

P2P sympathetically charged me £24 in late fees, which I did not pay.

 

Interest Principal

31/10/14 £172.36 repaid 076.49 095.87

01/11/14 £172.36 repaid 062.70 109.66

29/11/14 £172.36 repaid 044.86 127.50

 

The final two payments were not made:

 

Interest Principal

31/12/14 £172.36 036.73 135.63

30/01/15 £172.36 017.78 154.58

 

I received a "notice of default sum" (i.e. a £12 late fee) on 01/01/15 and again (a further £12 late fee) on 31/01/15, plus a "notice of arrears" informing me that my "customer status has been changed to In Default".

 

An actual Default marker landed on my credit record on 02/02/15 (for loan 8427***).

 

This was accompanied by 2 emails, both with the subject "Notice of Acceleration", one for loan 8427*** stating "your entire loan amount of principal, accrued interest and fees of £404.72 is now due", and one for loan 7857*** stating "you are in default of the above referenced loan and have failed to take corrective action as detailed in the Notice of Default Sums sent to you at least 15 days ago" (which did not "reference" loan 7857*** at all), and "your entire loan amount of principal, accrued interest and fees of £181.29 is now due".

 

Both emails stated - for the first time - that "We may notify the credit reporting agency of your default on this loan", but, as the default was registered the same day, there wasn't much I could do about it...

 

My loan summary for the final loan only is as follows:

Total borrowed: £1147.59

Principle repaid: £0857.38

Interest repaid: £0866.22

TOTAL REPAID: £1723.60

 

Principle outstanding: £290.21

Interest outstanding: £054.51

TOTAL OUTSTANDING: £344.72

 

DEFAULT FEES APPLIED: £060.00

DEFAULT AMOUNT £404.72

 

It has taken me months to piece this together, partly because P2P advised me that I had been defaulted on the 3rd loan (even though I hadn't - that's when I gave up paying - what's the point if I've been defaulted anyway?) due to an amount outstanding (even though there isn't, because it was refinanced into the 4th loan).

 

The information presented online is very confusing.

 

In my account overview it says:

 

7857*** IS IN DEFAULT, DUE ON 30/09/14 (it was rolled over/paid off 14/02/14)

8427*** IS IN DEFAULT, DUE ON 30/01/15

I OWE £576.01

 

(which could be the £181.29 from loan 7857***, plus £344.72 from loan 8427***, plus Default sums of £60.00, total £586.01..eh??)

 

In my loan history it says:

7857***

£122.15 OWED FROM 31/12/13 (a full payment of £181.29 was made on 31/12/13 and the loan was refinanced on 14/02/14 - I assumed and was told that all payments due on the loan had been paid off due to being rolled into the new loan)

NO LATE/DEFAULT DISHONOUR FEES

AMOUNT DUE £0.00

 

8427***

£36.73 INTEREST/£0 PRINCIPAL OWED FROM 31/12/14

£17.78 INTEREST/£0 PRINCIPAL OWED FROM 30/01/15

£60.00 LATE/DEFAULT FEES

AMOUNT DUE £0.00

 

In summary, according to my online account, I owe £576.01.

 

This consists of £122.15 + £36.73 + £17.78 + £60.00 = £236.66. However the amount due is £0.00, against a default amount of £405 (!!!)

 

I'd like to reclaim the interest charged, default fees + interest, and have the data wiped. I'm particularly annoyed with P2P as if they hadn't told me I'd defaulted when I hadn't, I would have paid them off, and then NOT DEFAULTED! More than anything I am disgusted with their attitude. I did contact them to explain I was having difficulty paying due to a child suicide (which isn't an easy call to make from an open-plan office) - their reply was "right, so can you make a payment today?".

 

I sent a SAR on 12/04/16. However, if the above is any example of the quality of information I can expect from them, should I bother waiting, or just press on with a claim based on my own evidence?

 

Thanks in advance!

 

P.S. Sorry about the tabs completely and utterly not working - I did try!

247 Moneybox - balance written off, default removed

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First and foremost, very sorry for your loss, i cannot begin to imagine.....

 

Onto the loans, have you written to request the interest back and remival of data due to irresponsibke lending practices?

If so have you had a final response?

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Thanks Martin.

 

Other than submit a SAR, so far all I've done is email them regarding their customer redress scheme to which their reply was "We have received your e-mail and your account was not affected by the redress.", which sounds fairly final. Presumably something to do with the magic 1st April 2014 date, the logic of which completely escapes me.

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That is not a final response. Final response has to be a letter saying, this is our final response and enclosing details of the FOS.

 

I think you need to follow up with a letter by recorded delivery stating your case and what you expect. Advise them that if they are unable to come to an agreement with you, that they should issue their final response and you will then take matters further.

 

Too early at this stage to go to FOS or even think about any court claim.

We could do with some help from you.

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Thanks unclebulgaria67.

 

Quick question, for which I apologise in advance, but I've read through so much information my head is spinning. So for clarity, am I correct in thinking that a standard PDL reclaim strategy would be to ask for:

 

1)repayment of all interest paid + 8% interest from the original payment date

2)repayment of all charges paid + 8% interest from the original payment date

3)all outstanding balances (principal, interest, charges) to be written off

4)removal of all data from CR

 

(I know it might sound a bit hard of thinking but I think the prospect of £-signs might tempt some people (me included if I'm honest) to believe they can claim for all interest charged, whether they paid any of it or not.)

 

And finally, which is the correct spreadsheet to use? My brain hurts. :oops:

247 Moneybox - balance written off, default removed

Cash Genie - bogus default removed

Peachy - interest refunded, default removed

1 Month Loan - interest refunded, data removed

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  • 1 month later...

Can anyone answer my previous post?

 

Meanwhile, the SAR deadline passed, but a failed SAR letter produced an immediate response from their Compliance Manager, who even managed to find the £10 postal order (once I'd emailed her copies of the original request, and proofs of posting and delivery). The information has been promised to me by the end of next Tuesday.

247 Moneybox - balance written off, default removed

Cash Genie - bogus default removed

Peachy - interest refunded, default removed

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http://www.consumeractiongroup.co.uk/forum/showthread.php?455382-Were-you-caught-in-a-Pay-Day-Loan-Trap-You-may-be-able-to-make-a-claim

 

The above is a good guide to what you can and cant do and what you should and shouldnt do.

 

You shouls also make a separate complaint about the failed SAR and demand some compensation

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SAR information received today by email. In 24 separate pdf files.

 

My payment difficulty phonecall to them is there in black & white - "finances awry due to the loss and cost of funeral expenses for his son...aware collection activity will continue". My blood boils reading that.

 

Elsewhere, the loan summaries contain something of potential interest.

 

"requested time: 13/06/2013 16:39:06

loan creation time: 13/06/2013 16:40:37

loan approval time: 13/06/2013 16:42:12"

 

and again...

 

"requested time: 14/09/2013 12:01:52

loan creation time: 14/09/2013 12:02:44

loan approval time: 14/09/2013 12:02:46"

 

So their credit checking and affordability assessment process can take anywhere from 56 seconds to as much as 3minutes 6 seconds. There's diligence for you...

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Just to create even more confusion and mess, Pounds to Pocket have registered another default on my credit report. This is for the first of my loan agreements with them (see agreement No. 7166*** above) which was refinanced in September 2013 and thus fully paid off. The default states that the default balance is £576, and also £405, and that the default date is 02/02/15 (same as the other one) but the marker only appeared on 01/05/16.

 

Needless to say, I don't know what the hell is going on here, or where to start. I consider this harassment.

247 Moneybox - balance written off, default removed

Cash Genie - bogus default removed

Peachy - interest refunded, default removed

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If you are happy that you should not have had these loans and feel improper checks were done then its time to put that complaint in including removal of all cra data.

Look for like threads to get you started

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  • 1 year later...

Hello, it's been a while, but I'm back on the case. :)

 

I sent my Prelim to Poundstopocket on 29th September. They replied this morning "We take complaints seriously and confirm that we will be conducting a thorough investigation into your concerns" blah blah.

 

They go on:

 

"To help us reach a fair complaint outcome in a timely manner (and where appropriate provide an offer of redress), please provide us with the following information as soon as possible:

 

• Bank statements (at the point/s you took out your loan/s with us)

• Payslips (at the point/s you took out your loan/s with us)

• Any additional information relating to your financial circumstances (at the point you took out your loan/s with us)"

 

Initial thoughts are that whilst I am not obliged to provide this information (and why didn't they ask for it at the time?...) it does paint a rather dire picture of my circumstances (my bank statement from the month I first took a loan with Poundstopocket alone shows 4 other PDL lenders and £2000 more going out than coming in) and perhaps gives them less room for manoeuvre?

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Quite..they are asking you disclose information to build their response and reject your claim.

 

Andy

We could do with some help from you.

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Alternatively tho, providing the info asked for could show that you were in no financial postion to be able to afford the loan and as such should never have been approved for it, this would then show irresponsible lending on the part of P2P.

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Alternatively tho, providing the info asked for could show that you were in no financial postion to be able to afford the loan and as such should never have been approved for it, this would then show irresponsible lending on the part of P2P.

 

I'm inclined to agree.

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I'm inclined to agree.

 

Its up to you on this one - Sorry i missed your update.

Andyorch and Martin2006 are both correct - Some PDLs are much better when dealing with complaints but Casheuronet and Quickquid companies etc seem to be a pain in the backside.

if they reject then go to the FOS :)

 

Choice is truly yours.

 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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  • 5 weeks later...

Final Response from P2P:

 

"We are in receipt of your complaint dated 29/09/2017 where you allege that QuickQuid irresponsibly lent to you. As a responsible lender, we have reviewed your lending as it relates to QuickQuid and Pounds to Pocket as these brands are both owned by CashEuroNet. Both brands will collectively be called CashEuroNet moving forward in this correspondence. In our assessment we look at:

 

• Affordability

• Creditworthiness

• Dependency

• Hardship

 

I’ve investigated your complaint and would like to bring your attention to the following points:

 

AFFORDABILITY & CREDIT WORTHINESS

I have reviewed your file and can confirm that, in line with our internal process, at the time of each application, we conducted our standard credit assessment, which included pulling your credit report. As part of our assessment, we analyse your current financial commitments, insolvency records, delinquency records, County Court judgements, credit enquiries and other credit accounts currently open.

 

Lenders are required to make an assessment that is proportionate to the type and amount of the loan as well as the associated costs and risk to the borrower. It would not be proportionate for a lender which provides small loans, which are unsecured and which do not require a guarantor, to conduct the same assessment as a bank which provides high loan amounts which are secured by your home or vehicle. Your loans were unsecured. We did not provide a guarantor loan where you would have needed to have had someone else share the responsibility of repayment.

 

The investigation of your complaint also considered all relevant information contained in your application. It was noted your monthly income was stated as £2325 per month. I compared your income to your total monthly repayment for each loan you took with us. From this I can see that the income you made during each payday loan with us was always more than enough to cover the amount you had to repay us for each loan and thus I cannot agree with you that your loans were unaffordable.

 

DEPENDENCY

You are claiming that you were dependent on loans. Yet if you were dependent on taking out one loan to repay the other then you would have taken out numerous loans, for equal or increasing loan amounts, and with very little time between paying off one loan and taking out the other. When I reviewed your loan history I see that you held a total of 1 loans which given the low number does not exhibit financial dependency.

You are claiming that you were dependent on loans. Yet if you were dependent on taking out one loan to repay the other then you would have taken out numerous loans, for equal or increasing loan amounts, and with very little time between paying off one loan and taking out the other. When I reviewed your loan history I see that you never had more than four consecutive loans with less than 15 days between loans.

 

HARDSHIP

Finally, our records indicate that at no point did you notify us of any financial detriment or financial hardship. Had you alerted us to your difficult financial situation, we would have put you in “hardship” status, as is our process. We then would have frozen additional fees and interest while we worked with you to find an affordable repayment option.

 

CONCLUSION: COMPLAINT NOT UPHELD

Therefore it is for the above reasons we cannot agree that CashEuroNet irresponsibly lent to you.

As this is our Final Response regarding your concerns to the above referenced account, if you are not happy with this outcome I need to ensure that you are aware of the ultimate availability of the Financial Ombudsman Service. You have the right to refer your complaint to the Financial Ombudsman Service, free of charge but you must do so within six months of the date of this letter. If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if the Ombudsman believes that the delay was as a result of exceptional circumstances. I have provided you with a link to the leaflet for your information to assist you if you decide to pursue this further course of action. They can be contacted at:

The Financial Ombudsman Service,

Exchange Tower,

London,

E14 9SR."

 

My response to that:

 

"Thankyou for your reply.

 

1)Affordability & Credit Worthiness.

 

If you had indeed examined my credit report, you would doubtless have been aware of a CCJ for £9845, and defaults for £59, £226, £471, £1532, £3018, £3648, and £13030. On the whole, credit worthy borrowers do not approach high cost short term lenders. If you had reviewed my bank statements you would have been aware of numerous loans with various lenders, borrowing from one to repay the other in an escalating spiral, month after month after month. You would also have been aware that this was completely unsustainable as the loans were unaffordable. The unaffordability of each loan from each lender, including you, led in turn to other loans. Even if you were not aware at the time, I have since made you aware and supplied bank statements from the period in question. It's all there in black and white, and you calling it affordable despite overwhelming evidence to the contrary does not magically make it become affordable.

 

2)Dependency.

 

"if you were dependent on taking out one loan to repay the other then you would have taken out numerous loans". I did. See above and please refer to my bank statements. You will find ample evidence of numerous loans from multiple lenders.

 

"you held a total of 1 loans". My initial loan was refinanced 3 times to squeeze out £155, £65 and £235 as I was so desperate for money. It is therefore quite disingenuous - or dishonest if you prefer - to state that I only had one loan. Please explain why I had 4 agreement numbers for 1 loan.

 

3)Hardship.

 

See above and please refer to my bank statements. You will find ample evidence of hardship.

 

"our records indicate that at no point did you notify us of any financial detriment or financial hardship."

 

Your records state that I contacted you on 25/09/2014. The account notes state "did not want to schedule payment at this time...finances awry due to the loss and cost of funeral expenses for his son"

 

"Had you alerted us to your difficult financial situation, we would have put you in “hardship” status, as is our process. We then would have frozen additional fees and interest while we worked with you to find an affordable repayment option."

 

The account notes state "collection activity will continue". Again, it is all there in black and white.

 

Suffice to say I cannot agree with your response in any part whatsoever and am "not happy with this outcome". I shall therefore refer the matter to the Financial Ombudsman and consider court action for compensation and damages."

 

B45t4rd5

247 Moneybox - balance written off, default removed

Cash Genie - bogus default removed

Peachy - interest refunded, default removed

1 Month Loan - interest refunded, data removed

Peachy - balance written off, default removed

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  • 2 weeks later...

I'm wondering whether I should take this to the FOS or go straight to a claim. Does anyone have any experience of claiming against P2P?

 

I'm applying for a mortgage at the moment, and the difference between the 2 year deal I can get and what I could get with this off my credit report is something like £400pcm. It really annoys me that I may end up stuck with a mortgage that ends up costing me another £9600 just because companies like P2P insist on doing this long drawn out dance before doing what they should have done in the first place...

247 Moneybox - balance written off, default removed

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Peachy - interest refunded, default removed

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Peachy - balance written off, default removed

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don't think we've seen a court claim on IRL yet/

FOS imho.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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FOS is free - Court not so much although you can reclaim costs depending on the track.

I stick with FOS They are siding more and more with debtors

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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  • 2 weeks later...

email received today demanding full repayment by the 7th of this month.

 

FOS complaint submitted.

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  • 1 month later...

Just had an email informing me that my Pounds to Picket account - currently the subject of an FOS complaint and thus under dispute - is now owned by MMF, along with my Sunny account (recently refunded and removed from my credit report).

 

Muppets.

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bounce the emails

and block them

as long as they know your correct address

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 months later...

FOS decision is in - P2P to refund all interest and charges, plus simple interest, plus £150 compensation for being horrible :-D

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Well done john...let us know when you get payment and we can amend your thread title.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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