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johealey

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  1. Hi, could someone point me in the direction of a template re the above please? Lowells have put a Default on my credit file for an old Avon account - an order I never received and Avon seem to be passing it around DCAs! I tried to click on the library for the templates but it tells me to register, I am already logged into my account Thanks
  2. That's the words I was looking for I don't hold out much hope as its already been rejected once, however, given the state of my credit file at the time I cannot see how they can get away with winning this one!
  3. Hi, I submitted the above letter as I sadly didn't hear anything on here and had a deadline to hit. The letter has been rejected and they are standing by their decision. I have asked for this to be escalated to the final hearing to see if they agree or whether I get a positive outcome
  4. Amazing thanks, I am not sure what to type as this is the first time I have got to this stage with the FOS, but my letter below is a start and would appreciate any comments/amends to suit: Complaint about MYJAR Limited - Trading as MYJAR Reference Number XXXXX Thank you for your email of the 29th June 2020, the contents of which are noted. I have to say I am somewhat surprised and disappointed by the outcome of this and I would like to explain why. Firstly, I attach a spreadsheet showing the state of my credit file. This show the Default date to/from the amount of the Default, including CCJs. In total I had 10 Defaults and 3 active CCJs at the time of the first loan taken out with MyJar. Two of the CCJs were paid off in July 2017, however, and still remain on my credit file until September 2020/March 2021 respectively. This should have been a sufficient warning to MyJar that they should not have lent any monies to me whatsoever. However, they went ahead and, as you can see continued to lend to me each time, when all of the Defaults and CCJs were still active on my credit file. Also, with regards to the table below, you can clearly see that another loan was taken out straight after the existing one. I understand that you cannot have more than one MyJar loan at any one time, but what I would do is use my salary to clear the loan and then borrow again from MyJar to cover the amount that I had paid off….. in a sense “robbing Peter to pay Paul”. Loan Date Taken Date Repaid Instalments Amount Highest Repayment 1 05/11/2017 22/11/2017 6 £1,000.00 £284.63 2 05/12/2017 06/02/2018 12 £1,475.00 £266.20 3 16/03/2018 18/07/2018 12 £800.00 £117.87 4 23/07/2018 outstanding 12 £725.00 £110.82 I would also like to state that Loan 4 is still outstanding as the account has been placed on hold whilst the investigation took place with yourself. They have, however, offered me a settlement figure of £600 and to clear this balance at a rate that is acceptable to myself. Looking back at previous correspondence, I still feel that all interest and charges that I have paid should be refunded. This totals £725.90 across all loans. This would therefore settle Loan 4 of £600 and the remaining monies of £125.90 owed to myself. I would therefore ask that my case is reviewed with the additional information stated above.
  5. I did in the original letter, but I am now putting together a response along with a spreadsheet showing all of these and ask for the decision to be reviewed. Would it be ok to put the draft letter on here for advice before sending please? Thanks
  6. In 2017 I had 10 Defaults and 3 CCJs. 2 of the CCJs were paid and settled in July 2017. One falls off in Sept 2020 and the other in March 2021. October 2019 was the first Default to drop off and they have all started to drop off in the last few months, so yes during each loan period all 10 Defaults would have shown on my credit file
  7. it has been some months and the FOS have now come back to me and have denied my complaint! Any advice as to whether this is it or whether I can go back to the FOS would be greatly appreciated, first time I have ever done something like this so any guidance, would be great, thanks Dear XXXX Your complaint about MYJAR Limited trading as MYJAR I’m getting in touch to let you know that I now have an answer for you. This assessment is based on the information provided so far. If you or MyJar is able to provide me with further information by 13 July 2020, I’ll be happy to look at it. From what I’ve seen you were given the following four loans by MyJar: Loan Date Taken Date Repaid Instalments Amount Highest Repayment 1 05/11/2017 22/11/2017 6 £1,000.00 £284.63 2 05/12/2017 06/02/2018 12 £1,475.00 £266.20 3 16/03/2018 18/07/2018 12 £800.00 £117.87 4 23/07/2018 outstanding 12 £725.00 £110.82 MyJar have made you an offer on loan 4 which is inline with our approach had I upheld this loan. I have not included loan 4 in my assessment as MyJar have confirmed that this offer is still available to you. I’ve reviewed all the evidence provided by both sides in this case and I’m not upholding your complaint. What we think about when looking at short-term lending complaints You were provided with high-interest loans, intended for short-term use. So MyJar needed to make sure that it didn’t provide them irresponsibly. In practice, what this means is that MyJar needed to carry out proportionate checks to be able to understand whether any lending was sustainable for you before providing it. Our website sets out what we typically think about when deciding whether a lender’s checks were proportionate. Generally, we think it’s reasonable for a lender’s checks to be less thorough – in terms of how much information it gathers and what it does to verify that information – in the early stages of a lending relationship. But we might think it needed to do more if, for example, your income was low or the amount lent was high. And the longer the lending relationship goes on, the greater the risk of it becoming unsustainable and the borrower experiencing financial difficulty. So we’d expect a lender to be able to show that it didn’t continue to lend to a customer irresponsibly. What I think this means for your case I’ve thought about all of these issues in the individual circumstances of your case, and I don’t think MyJar irresponsibly provided your loans to you. I’ll now explain why. I’m sorry to hear that you were struggling financially and that repaying these loans may have been difficult. But given your loan amounts, what was apparent about your circumstances at the time and your history with the lender, I don’t think it would’ve been proportionate to ask you for the amount of information needed to show the lending was unsustainable. There wasn’t anything in the information you provided or the information MyJar should’ve been aware of, which meant it would’ve been proportionate to start verifying what you were saying. For the later loans, I think the lender should’ve taken steps to build a more detailed picture of your financial situation. But I haven’t seen anything in the information provided which suggests the lender would’ve known that you wouldn’t have been able to sustainably make the repayments you needed to for these loans. Finally, I don’t think that the number of loans you took, the amounts they were for or the period of time you were borrowing meant your loan history, on its own, should’ve shown MyJar you might’ve been experiencing underlying financial difficulty. I understand that loan 4 is currently outstanding and would remain so after the offer has been applied, as such I would like to remind MyJar of its obligations to treat you fairly if you’re having difficulties repaying the loan. What happens next I hope my explanation has been helpful. If you’re happy with what I’ve said, you don’t need to do anything – and we’ll close your complaint. I think this is a fair outcome in the circumstances, for the reasons I’ve explained. But if you decide that you don’t accept what I’ve said, then please let me know by 13 July 2020. If I can’t resolve things then an ombudsman here can look at everything again and make a final decision. If I don’t hear from you by that date we might not be able to look at your complaint again. If you have any questions – or need more time – please get in touch by 13 July 2020 and we’ll be happy to help.
  8. I have attached the FOS response, where it shows XXXX I have taken out my friend's name. There is currently £200 in interest and charges which she is fighting to get removed from this loan. Cashfloat - FOS Reponse.pdf
  9. Yes, she had an email from them a few days ago. I don't believe she has had any contact with Western Circle, its all be done through the FOS
  10. Firstly, I hope everyone is staying safe during this trying time Back in December 2019 I opened a topic with regards to a friend of mine having issues with Cashfloat - I think the topic has been dormant for so long it has been closed off, however, if you are able to add this new topic to the existing one that would be great. to update you, she agreed a payment plan of £10 and went to the FOS on the basis of an IRL claim. Due to the Pandemic the FOS are some months behind, however, she received a response a couple of weeks ago to say that the FOS had written to Western Circle suggesting that they remove all interest and charges, and add the 8% interest etc. Western Circle have refused their request and have asked for the Ombudsman to make a final decision. Personally, I have never experienced anything like this so I do not have much to tell her re the next steps. Has anyone else had this experience and is there much chance of her being successful and having the interest/charges removed which amount to around £200? Thanks
  11. Amongst all this horrible pandemic, I have some good news Lowell have sent me a copy of the notice to discontinue the court case against me for a CCJ for a debt I apparently owe! They confirm they have filed the same at the Court. So............does that mean they will no longer chase for the debt that they seem to think that I owe (not that I know anything about it!). Thanks
  12. Hi has anyone had any success with getting interest and charges frozen on a credit card from Creation please? I wrote to them back in October asking for a 30 day breathing space, asking to set up a payment plan of £50 per month and I am just going round and round in circles with them. They ignore my requests and just tell me that they cannot set up a payment plan until they see my bank statement. They are continuing to charge interest, late payment fees, and interest on the late payment fees! Then they sent me a letter after a few months to say my payment arrangement had come to an end - there was no payment arrangement in place! They are asking for a copy of my bank statement which I am refusing to give them - not sure what they are playing at here! I have asked them to send me their final response, but they refuse! I am wondering if I could try and go down the route of claiming back these charges and any advice would be appreciated please? Thanks
  13. So, I have an update I had the usual form for mediation between Christmas & New Year, tried god knows how many times to get through and just couldn't, recorded message just kept telling me to try again! Sent them an email on the 27th Jan advising that I was out of the country until the 8th Feb (got their automated 10 day reply email - still waiting for a response), when I returned from holiday I had a letter from them to say they couldn't arrange mediation as they couldn't get hold of me - perhaps they should answer their phones or read their emails...... just saying! Rang the mediation line on the 10th February and was 56th in the queue, so after about an hour of waiting on the line, I finally got through and they told me the same as what the letter said. Yesterday, I received a "Notice of Allocation to the Small Claims Track" Hearing for a date in April. Lowell have until 4pm on the 19th March 2020 to submit their £80 fee to proceed with the case. So, my question is............how likely is it that Lowells will proceed with the case? Having seen some on here, i would say not likely and that it could get struck off and no longer exist.........it's not like Studio have any record of this debt and Lowells cannot provide me with a copy of the CCA! Do I need to do anything other than to submit my case 14 days before the court date, or shall i just sit and wait until the 20th March to see if they submit their fee? I am assuming that the Courts will advise me one way or the other? Thanks
  14. Case now closed, Default fell off CRA and I have received a letter from Lowell to say that they can no longer pursue the debt due to it being Statute Barred
  15. Thanks and sorry for the delay in responding! QQ - before I go to the FOS, do I just send them a covering letter and attach all correspondence so that they can review the case? I have another one to do for another PDL company so just want to ensure I am following the correct process
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