update, Mr Lender still not accepting responsibility, see below their response. i said they should have taken my defaults into account and that i couldnt service these accounts which is why they still in default since 2013! i have reported this to the FOS, any thoughts on the below?

Dear Mr Campbell,

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

We can confirm all credit scores are different depending on the credit reference agency that you are using; the scores shown on your credit file were confirmed with Call Credit. 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 loans affordable.

Please note, neither the OFT or the FCA have ever stipulated that lenders have a mandatory duty to request bank statements or payslips. However, in some cases where application information can't be verified, we may get in touch to request supporting documentation and we can confirm that upon application for your loan your salary was verified through with your payslip.

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.

Furthermore, part 5 of your contract titled ‘Payment and Continuous Payment Authority’ also states ‘Subject to the requirements of the Consumer Credit Act 1974, we will be entitled to demand that you repay the whole of the balance due under this agreement if any of the following events occur’ Part 5.2 states ‘any information you have given us was incorrect in a material respect.’

As previously advised, you have had just one loan with Mr Lender and we have offered to reduce your outstanding balance from £275.20 to the original capital amount borrowed of £200.00. As you have already paid Mr Lender £30.40 towards your loan, we will reduce your capital to the remaining amount of £169.60.

We have also offered, that this new balance can be repaid via an affordable repayment plan. Further to this as explained, we are able to remove any adverse information from your credit file.

Upon acceptance of our offer, it will mean that you have not paid any interest towards your only loan with Mr Lender.

There is no further offer available that we can give to you. The Financial Ombudsman Service will not ask a business to repay or wipe any of the original capital. As a lender, the maximum we can offer to resolve your complaint is to remove any interest and charges applied to the account. This is what we have offered, therefore meaning you will only repay the remaining capital amount in which you borrowed.

We look forward to hearing from you.

Kind regards,

Brooke

Complaints Department

see now im concerned that when they dont know its with FOS if i dont respond they could just forget about the agreement they have proposed and put all the interest back on.....then what if the FOS rejects this and ive got a bigger bill to pay at the end of it!

makes no odds

makes no odds

how do you mean?

The FOS dont allow them playibg around

Nice divert tactic there Mr Lender... Shame if someone proved you wrong... Again...

Like the 50 times before ^_^

Seriously - Just go to the FOS. If they disagree then you refer to an Ombudsman...

After that... If all doesnt work out - Then come back and see us

yeah i lodged a complaint with fos at weekend so will leave it there, is it worth even replying to the lender or just leave it?

You shouldn't be replying after you get the final response. Simple

You shouldn't be replying after you get the final response. Simple

i wont, i will come back for advice if they send anything else.

why do these companies always come back offering the Goodwill gesture of reduced balance if they are adamant they have done nothing wrong!

that's exactly why..

if they don't say its a GOGW, they are admitting wrong doing...= bigger FCA fines to come..

Sorry i missed this.

A GOGW is used to remove any wrongdoing - They use it to seem like they are helping you and in some cases a GOGW can be a good thing.

I saw an Mob Op case once where someone had their phone stolen and they ended up with a massive bill of fraud charges. The Mob Op refused to do anything and rightly so - But then a public newspaper got involved and the GOGW was full removal of all charges.

Thats when a GOGW is a good thing.

In these cases a GOGW is a cheap get out clause.

Recently it was discovered that the FCA uphold a significant amount of HCSTC IRL Complaints. Even though GOGW had been used in a lot of cases.

Its all up to you. If you are happy with their responses and want to take them up then you should consider it. If not go to the FOS.

The Reclaim guide has been updated today - It now discusses GDPR and getting information.

UPDATE

the ombudsman have seemingly said i have no case bearing in mind all the defaults on my file at the time of applying.

should i leave this now?

Hamilton - he isnt an ombudsman he is an adjudicator...

So refer to Ombs.

That's a fair offer from Mr Lender. They're correct, the FOS will only ask Mr Lender to remove the interest and charges if they uphold your complaint, you still have to pay back the original amount borrowed. So Mr Lender has already offered to do what the FOS would tell them to do if they uphold your complaint.