Hi all.

I had a loan with Mr Lender.

I emailed today regarding a claim for irresponsible lending as I have issues with problem gambling.

I have stopped gambling and taking it one day at a time.

I had a reply within the hour.

They said they carried out proper checks and I had no defaults or problems in the last three years.

I already had two loans open with sunny and one with money boat.

My credit card was over its limit and I was overdrawn.

They stated that the installments that are due are never over 12 per cent of disposable income.

But the next sentence said my installment was under 14 per cent????

There was no mention of the gambling issues nor the multiple searches that are on my file.

What's the next step?

A reply outlining what I said here then the FOS?

Any advice great-fully received.

Feel free to move thread if needed

Read - https://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=69475

Two replies I had from Mr Lender;

Dear Mr

Reference:

Thank you for your email dated the 25th January 2018. As you have made us aware of your dissatisfaction with the service you have received, we have conducted a thorough investigation in order to address the concerns you have raised.

Please find below a summary of your complaint and the explanation for our decision.

Your complaint outlined:

• You believe you are a victim of irresponsible lending
  
• You have CCJs, defaults and other payday loans on your credit file
  
• You have gambling issues
  

Investigation:

We have reviewed your account and can see that you have taken out just one loan with Mr Lender

Before your loan was issued your application was subject to Mr Lender’s responsible lending assessments.

These included thorough affordability checks as well as a credit check with the information provided by the credit reference agency, Call Credit.

These were conducted in line with our Responsible Lending Policy to assess your suitability.

The results of your credit check showed you had a credit score of.

This score is considered above average when compared to the scores we had seen during 2017.

You also had no accounts registered as defaulting or in delinquent status within three years prior to your application dates.

There was no evidence of any advances against income which would indicate short term borrowing from other lenders.

There was also no evidence of IVAs or Bankruptcy on your credit file.

We conducted an employment check in order to ensure that you were receiving a regular monthly income.

Upon application of your loan you informed our underwriting staff that you were employed by.

Our lending decisions are also based on the information a borrower provides to us,

as a consumer it is your responsibility to provide the correct information to assist us to determine the affordability of your loan application.

We should be able to trust that the information provided by a customer is a true and accurate reflection of their situation.

You confirmed the following upon application:

Your net monthly income was

Your expenditure was which consisted of:

Mortgage and Rent -

Electricity, Gas and Water -

Food and Travel -

Telecommunications -

Council Tax -

Other Loans -

Other regular outgoings -

All of the above information was confirmed verbally over the telephone at the time of your application and would have left you with a disposable income of .

We can also confirm when questioning outstanding payments on your credit file you confirmed you had a card, which you were paying a month towards.

We can confirm that based on the information provided by you during our affordability checks,

your highest instalment due during your loan will not exceeded any more than 12% of your monthly disposable income of £.

The checks we conducted were proportionate to the amount of capital borrowed and the results of these checks were deemed sufficient.

Based on the actual loan amount borrowed, the loan issued is under 14% of your monthly income and therefore affordable as per the information provided and confirmed by you.

At the time of applying for your loan,

you would have had to confirm that you had read and understood the Adequate Explanations document.

We would not have been able to process your application unless this was confirmed.

This document states the following:

‘Your agreement is intended to provide funding over a short term period of no more than four months.

It is important for you to know that entering into this agreement would be unsuitable to support sustained borrowing over long periods and would be expensive as a means of longer term borrowing, such as over a number of years.

You should not consider taking out this loan if you are unsure you can meet the required monthly repayments, including if you are already in financial difficulty’.

Having reviewed and investigated your complaint,

we believe that all checks were carried out in line with the company’s responsible lending policy.

All of the assessments conducted by Mr Lender were completed in accordance with the regulatory requirements and guidance at the time of your loans set out by the Financial Conduct Authority.

The result of our investigation:

We make lending decisions based on the information a borrower provides to us at the time of application,

this is in addition to credit checks and our underwriting evaluation.

When you provided us with your monthly income and expenditure at the time of your application and signed the Consumer Credit Agreement, you agreed that the information was accurate and that you would be able to repay the loan based on this information. There was no indication at the time of application that you could not afford the loan that we issued to you.

You have only taken out one loan with Mr Lender just one month ago of which is still outstanding and would not be viewed by ourselves, as irresponsible.

We can confirm Mr Lender has complied with all regulatory requirements and guidance set out by the FCA when funding this loan, along with offering you the relevant support to help you with settle your loan.

Please find attached a copy of your original contract; your first instalment of is due today (25th January 2018).

If you are unable to make the payment, please note we can to set you up on a repayment plan to support you.

This will allow you to repay any money owed over a longer time than what was originally outlined in your contract and allow you to repay your loan more comfortably.

However, we must make you aware this may show as an 'arrangement to pay' on your credit file and may also affect your ability to borrow from Mr Lender in the future.

This is our full and final response to your complaint; we look forward to hearing from you.

Additional Information

We are committed to providing the best possible outcome.

However, should you feel dissatisfied with our final response you may refer your complaint to our Trade Association, the Consumer Credit Trade Association (“CCTA”) by writing to the Chief Executive, Consumer Credit Trade Association, Airedale House, Aire Valley Business Park, Dowley Gap Lane, Bingley, West Yorkshire, BD16 1WA.

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 email.

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.

You can contact the Financial Ombudsman Service by visiting http://www.financial-ombudsman.org.uk/, calling 0800 023 4567 or emailing [email protected].

You can find below a link to the Financial Ombudsman Consumer Leaflet, should you require a hard copy we can send this to you via post.

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

Your right to complain to the FOS is independent of your right to take your complaint to the CCTA. You are not required to approach the CCTA before the FOS.

Kind regards,

Amy

Complaints Department

Telephone: 0208-532-5022

Web: www.mrlender.com

Post: Mr Lender, PO Box 366, Loughton, IG10 9EW

Dear Mr,

Thank you for your email and sorry to learn you have been dissatisfied with our response to your complaint.

Please be aware we can take up to eight weeks to investigate a complaint, however as you have only had one loan which was taken out just one month ago we already had all the information we needed for a response.

In regards to your credit file, all of our customers must meet our lending criteria in order for us to ensure that we are lending responsibly. We do not lend to those customers who are experiencing financial hardship and would be unable to repay the loan.The credit checks and affordability checks performed upon each application indicated you were a credit worthy customer and deemed the loan affordable.

Responsible lending needs to be matched by an element of responsible borrowing. We should be able to trust that the information provided by a customer is a true and accurate reflection of their situation at any given time and this enables us to assess their personal circumstances better.

As a consumer it is your responsibility to provide correct information to assist us to determine the affordability of your loan application. Borrowers are encouraged to always undertake their own assessment of affordability concurrent with that undertaken by the creditor.

You confirmed upon application that you had a disposable income of, the highest instalment outlined in your contract was your first instalment for. This is just 12% of your disposable income. Your loan amount as a whole of is precisely 14.2% of your monthly salary of.

As you took the loan was taken out just one month ago, you would have been fully aware of your financial situation and that you should not have considered taking the loan out if you were unsure you can meet required monthly repayments. We can confirm Mr Lender has complied with all regulatory requirements and guidance set out by the FCA when funding this loan.

The first we have been made aware of your financial difficulty is through your complaint just before you were due to make your first instalment, if a customer advises us that they are struggling financially, as a responsible lender we will always offer further help and support. Which is why we have offered to set you up on a repayment plan, allowing you to repay your loan in smaller monthly installments.

We can confirm to support you further you we will be able to freeze your account for a period of 30 days, giving you enough time to organise your finances and get in contact with us to set up a repayment plan.

If we do not here from you within this time the daily interest that would have accrued on your account may be reapplied. Unfortunately if we do not hear from you after this time and you become over due, then interest will continue to be charged on the capital at 0.8% per day.

If the payment is not received, this may affect your credit and payment history. We report our customers’ payment history to credit reference agencies and this information may be seen by other lenders.

As advised in our initial response, this our full and final response to your complaint.

We look forward to hearing from you.

Kind regards,

Amy

Complaints Department

Telephone: 0208-532-5022

Web: www.mrlender.com

Post: Mr Lender, PO Box 366, Loughton, IG10 9EW

pers I think they are trying to bamboozle you with al kinds of excuses.

off to the FOS me thinks..

dx

thanks dx

how did you get on with these?

they offered to reduce my balance by quite a lot but i think if they are not guilty of something why would they reduce the balance?