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    • Yes, Hotpoint UK has been a subsidiary of Whirlpool for over 20 years. And unlike some domestic goods manufacturers you can buy from them direct and I believe they employ their own service engineers, Is that your situation? You bought direct from Hotpoint and Hotpoint sent out their own engineer?
    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
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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.
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      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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