Hello All,

I’ve a feeling that I’ll need to go to the Ombudsman but would be grateful for any assistance.:

Long Story short, I approached PayDay UK/MEM Capital last July 2017 and requested a settlement figure as I released equity in a property I own to clear my feet. I was given the figure and when the funds cleared acouple of weeks later, I received 2 text messages (16/8/18) 1st text said I was £8 short due to accruing interest since the initial settlement figure was issued, and literally acouple of hours later I received another text saying my loan was settled in full.

As a result, I received zero correspondence from the lender until December 17 when they started requesting a payment of £180 which was pure interest – I contacted them, they said that because I never completed a settlement form, they didn’t action this so I requested another copy of said form as I hadn’t received it - this was on 29/1/18 and today, no response to the email I sent saying I didn’t have the settlement form but I did get confirmation that they’ve issued a default!

I’m in the middle of trying to clear my credit file up and have been slwly imporving my credit score –any advice on how to approach this? Last email (copied in a company director too) has requested confirmation they’ve removed this default before close of play or I’ll escalate to the Ombudsman.

Absolutely fuming with this.

:-x:-x

Have they sent you a Final Response yet? If so then you can now escalate to the Ombudsman.

They have pal, yeah.

Disappointed that it's come to this not to mention the damage to my credit file.

They never actually sent me the settlement form, asked them at the end of January for another copy & they never sent it

You say that the text messages are dated 2018 – but you mean 2017 I think.

Have you got copies of these text messages?

Have a read of this about the section about the FOS

Could be of some help

https://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=71215

You say that the text messages are dated 2018 – but you mean 2017 I think.

 

Have you got copies of these text messages?

Unfortunately not. But I've asked them to retrieve all texts they've ever sent - yeah I did mean 2017 sorry.

The settlement figure increased between when they sent me it & when my funds cleared to settle the account -they text once saying I still owed them £6-£8 and another time a few hours later saying the loan was settled in full.

They've repeatedly referred to a settlement form I had to sign & didn't - checked every email I've had from them and I've never received it. One email I have from December claiming to have said attachment contains a random HTML with details of how to complain to the ombudsman..

Have you asked them for this information by way of an SAR? In fact have you send them an SAR?

Have you ever read anything about cobs?

TBH i was hoping it wouldn't have gone this far -was hoping to move on & had assumed they'd settled & was happy to leave it at that.

I'm relatively familiar with the process, had to do it for a summary cause I Was cited for last year, hopefully they come back to me today but I don't see how I can trust them anymore to resolve this.

I'm surprised that you have a trusted them in the first place. I recording your phone calls? (I think I know the answer).

You will either eventually have to go to the ombudsman or you will have to do think about a County Court claim.

If you wanted to make a claim then I would suggest claiming under cobs which is an enormously powerful piece of legislation and would give them a real slap. You have to decide how you want to play it.

This is a PDL company that we are talking about here - OF course you shouldnt trust them...

Anyway ... DSAR and off to FOS