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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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+20 PDLs - Irresponsible lending advice please


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Good afternoon,

 

I have been a regular user of PDL's for several years and am now looking at getting control of my finances and clearing my remaining debts. I have made poor financial decisions over the last few years which i blame a bit on a bit of gambling and drinking - both issues that are now firmly in check.

 

i just wondered if i am eligible for a PDL irresponsible claim:

 

my current debts are below - all i have borrowed from previously. also i have 4 defaulted debts on my credit file from 2014 so i'm sure this would have come up on a credit check. In total there are 18 other settled PDL on my credit file from 2014-17.

 

My noddle account does not show the amounts i borrowed in the settled category, just the live accounts.

 

My questions are:

 

1. is there a standard email to ask for the information of my loans or is it straight away a SAR?

2. some of my income and expenditure was a bit fabricated if im honest but surely i should have been declined if i had defaults?

3. will it make any difference that the payday loans are classed as instalment loans?

 

i want to try and tackle the 4 debts i have first then look at reclaiming others after.

 

any advice is welcome and a donation will be made on any success.

 

LENDING STREAM DATE TAKEN

£500 07/12/2016 Under payment plan

06/02/2018 23/02/2018

15/09/2017 26/09/2017

02/12/2016 06/12/2017

03/11/2016 02/12/2016

03/10/2016 01/12/2016

09/11/2015 28/11/2015

27/08/2013 05/09/2013

 

UNCLE BUCK

£900 04/05/2016 Under payment plan

29/02/2016 31/03/2016

29/01/2016 29/02/2016

 

SATSUMA

£600 10/05/2016 Under payment plan

01/10/2015 28/11/2015

 

PIGGY BANK

£400 23/02/2018 PAYMENT PLAN

£113 06/02/2018 23/02/2018

£372 17/08/2017 24/10/2017

£470 11/08/2016 31/10/2017

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read our pdl guide in the stickies of this forum

its all there

go get 'em

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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ok fully read and 1st step completed (very nervous of it, not sure why)

 

sent the creditors below? do i stand a good chance on this?

 

I am making a complaint to you about irresponsible lending. To help me explain the details, I would like a list of my loans, showing when they were taken out and how much was repaid when. Please note I am only asking for details of my loans, I am not making a Subject Access Request.

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extremely good chance with that amount of loans.

and I bet your credit file was full of defaults already?

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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good keep that safe

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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ok first bit of information back off Uncle Buck so i am attempting to prepare my letter.

 

after reading the guide, is it the interest i am asking for back plus 8% or to write off my existing debt?

 

i have checked my credit file, they completed a credit check and money laundering. at the time there was plenty of other loans that had been settled plus 5 defaults on my alythough not all were PDL.

 

This is my breakdown:

 

01/2016 - loan £100, repaid £148.20

02/2016 - loan £350, repaid £532.99

04/2016 - loan £700, on payment plan - paid £126 so far but have a balance of £900 left

 

here is my first letter. does this look ok?

 

Dear Sir/Madam,

 

I have had 3 loans from you between XX/01/2016 and XX/05/2016, one of which I am in a payment plan.

 

Your loans trapped me into a debt spiral, with the repayment taking so much of my wages that I had to borrow again to cover my next month expenses.

 

For this period my income averaged about £1200 a month.

 

My living expenses were roughly: rent £400 Council tax £70 Utilities and bills £170 Transport costs £180 Clothes £70 Food and toiletries £100. Other debt repayments £140. Total £1140 per month. This shows that there was no way I could afford these loans. When I repaid them, I had to borrow again to get through the next month.

 

You should have realised from the number of times I rolled loans or borrowed again that my debt problems were getting worse. It was not responsible to continue to lend to me. My bank statements would have shown further payday lending and my account being completely empty within a day of payday due to lending from friends and family too. From 2015-2017 I have borrowed and paid back over 20 payday loans from providers along with yourselves.

 

My credit reports would have shown my other debt repayments and problems including late payments on other payday loans and 4 defaults on existing accounts from 2014 inc, XXXX AND XXXXX.

 

You should never have given me these unaffordable loans. I would like to ask you to refund the interest and extra charges I paid. The Financial Ombudsman suggests that statutory interest is added to this sort of refund.

 

I only found out I could make this sort of irresponsible lending complaint in April 2018.

 

I look forward to your reply.

 

Yours Faithfully,

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Hi Skyblue - So sorry i missed your thread!

 

I take it you have read the guide in full?

 

Your letter is good. I would use it. Get it sent off and see how it goes.

IF you have any questions - Please do let us know.

 

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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quick update. all complaints logged and the replies are filtering through.

 

uncle buck have asked for a copy of my credit report showing the defaults and all the settled loans - sent that via email. they are also asking for bank statements from the time of application.

 

is this normal practise for the lenders to ask? issue i have is i closed that account and opened another elsewhere. i can of course approach my old bank for statements if need be.

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IMHO bank statements are none of their business

but an sar [leave it till after may 25 then its free]

will get you every statement.

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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thread tidied

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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straight off to the FOS if you are not happy yes

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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im currently writing my FOS complaint and just wanted an opinion on the wording if possible, please.

 

Complaint:

 

I have made a complaint to this company regarding irresponsible lending.

 

I do not believe i should have been lent the money at the time due to repeat borrowing from this company with 3 loans in the space of 5 months. Any checks at the time should have highlighted i was borrowing with other payday lenders and had 2 payment plans at the time. Also my credit file shows 4 defaults from this time which are still on there now as well as plenty of settled payday loan accounts.

 

Had bank statements been asked for, it would have shown my salary going in and within 24 hours my account empty due to other loan repayments aswell as payments made to family who had bailed me our for bills.

 

This is the tricky bit! am i being cheeky?

 

how do you want the business to put things right for you?

 

I would like them to acknowledge they should not have lent and repay me the interest on the loans with 8% to reduce or write off the remaining debt as still cannot afford to pay the debt off.

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i would like them to acknowledge they should not have authorised the multiple loans and reduce or write off the remaining debt .

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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