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    • ae - i have no funds to appoint lawyers.   My point about most caggers getting lost is simply due to so many layers of legal issues that is bound to confuse.  
    • Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same.   Yes.  But every interested buyer was offering within a range - based on local market sales evidence.  Shelter site says a lender is not allowed to wait for the market to improve. Why serve a dilapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease.   The dilapidations notice was a legal first step.  Freeholders have to give time to leaseholders to remedy.  Lender lawyers advised the property was going to be sold and the new buyer would undertake the work.  Their missive came shortly before contracts were given to buyer.  The buyer lawyer and freehold lawyers were then in contact.  The issue of dilapidations remedy was discussed..  But then lender reneged.  There was a few months where neither I nor freeholders were sure what was going on.  Then suddenly demolition works started.   Before one issues a s146 one has to issue a LBA.  That is eventually what happened. ...legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease   A s146 was served.  It took 3y but the parties came to a settlement.   (They couldn't revert as they had ripped out irreplaceable historical features). The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there.  That's not the case   One can ask for another extension.  In this instance the freeholders eventually agreed with a proviso for the receiver not to serve another. You wouldn't vary a lease through a lease extension.  Correct.  But receiver lawyer was an idiot.   He made so many errors.  No idea why the receiver instructed him?  He used to work for lender lawyers. I belatedly discovered he was sacked for dishonesty and fined a huge sum by the sra  (though kept his licence).  He eventually joined another firm and the receiver bizarrely chose him to handle the extension.  Again he messed up - which is why the matter still hasn't been properly concluded.   In reality, its quite clear the lender/ receiver were just trying to overwhelm me with work (and costs) due to so many legal  issues.  Also they tried to twist things (as lawyers sometimes do).  They tried to create a situation where the freeholders would get a wasted costs order - the intent was to bankrupt the freeholders so they could grab the fh that way.   That didn't happen.  They are still trying though.  They owe the freeholders legal costs (s60) and are refusing to pay.  They are trying to get the freeholders to refer the matter to the tribunal - simply to incur more costs (the freeholders don't want and cant's afford to incur)  Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to.... The property does not qualify under 67 Act.  Their notice was invalid and voided. B petition was struck out. So this is dealt with then.  That action was dealt with yes.   But they then issued a new claim out of a different random court - which I'm still dealing with alone.  This is where I have issues with my old lawyer. He failed to read important legal docs  (which I kept emailing and asking if he was dealing with) and  also didn't deal with something crucial I pointed out.  This lawyer had the lender in a corner and he did not act. Evidence shows lender and receiver strategy had been ....  Redact and scan said evidence up for others to look at?   I could.  But the evidence is clear cut.  Receiver email to lender and lender lawyer: "our strategy for many months  has been for ceo to get the property".  A lender is not allowed to influence the receivership.   They clearly were.  And the law firm were complicit.  The same firm representing the lender and the ceo in his personal capacity - conflict of interest?   I  also have evidence of the lender trying to pay a buyer to walk.  I was never supposed to know about this.  But I was given copies of messages from the receiver "I need to see you face to face, these things are best not put in writing".  No need to divulge all here.  But in hindsight it's clear the lender/ receiver tried - via 2 meetings - to get rid of this buyer (pay large £s) to clear the path for the ceo.   One thing I need to clarify - if a receiver tells a lender to do - or not to do - should the lender comply? 
    • Why ask for advice if you think it's too complex for the forum members to understand? You'd be better engaging a lawyer. Make sure he has understood all the implications. Stick with his advice. If it doesn't conform to your preconceived opinion then pause and consider whether maybe he's right.
    • The Barclay Card conditions is complete. There was only 3 pages. This had old address on. Full CCA. 15 pages. The only personal info is my name and address. Current Address The rest just like a generic document.  Barclays CCA 260424.pdf
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    • 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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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
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Battle with Quick Quid over irresponsible lending


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Hello all,

they have never provided me with full list of loans ( i think I had more than 15 with them) here is their final word...

 

QuickQuid Customer ID: xxxxxxxxxx

 

We are in receipt of your complaint dated 16/08/2017 where you allege that QuickQuid irresponsibly lent to you.

 

Specifically, you mention:

• The loans were unaffordable

• You were dependent on short term lending

 

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

Under the Financial Conduct Authority’s rules, complaints cannot be made where they concern an event that occurred more than six years ago.

Of course, we will still investigate your allegations as they pertain to any loans you have received in the last six years.

 

AFFORDABILITY

In your complaint you allege that QuickQuid did not perform a credit check or affordability assessment.

We 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 .

 

Your credit report is not the only thing we analyse when we make a lending decision.

We also look at the information you provide us in your application,

as well as your loan history with us when we decide to approve or decline your loan application.

 

This information is all input into our internal credit model which is run to obtain your credit model score.

If your credit model score does not meet the minimum approval threshold score then we will decline your loan application.

 

Looking at your record,

I see that your credit model score was never under the minimum approval threshold for any of the loans for which you were approved.

For instance, on 07/12/2007 you had a credit model score of -0.0636 on your QuickQuid loan # 20934 when the minimum approval score was 0.

Your credit model score is higher the minimum approval score which shows that our affordability assessments properly ran per our internal policy.

 

It is in our mutual interest to have a well-designed affordability model.

As a responsible lender,

we provide customers such as yourself with access to credit and take upon ourselves the risk of default.

 

While we will not reject a customer simply because there is a late payment on a credit file,

we will critically assess the details of your credit file to provide you with a reasonable and affordable loan.

 

The investigation of your complaint also considered all relevant information contained in your application.

It was noted your monthly income was stated as £1920 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 never had more than four consecutive loans with less than 15 days between loans.

 

CONCLUSION

Therefore it is for the above reasons we cannot agree that QuickQuid 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.

Tel: 0300 123 9123

Email: [email protected]

Further details are also available on http://www.financial-ombudsman.org.uk

FOS consumer leaflet: http://www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm

 

___________________________________

 

Lost of stuff that makes no sense to me... any advice?

Or is it now time to complaint to financial ombudsman..

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twaddle to throw you off the scent

 

off to the FOS then.

 

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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