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Posts posted by barafear799

  1. Thanks DX for your comments and views.


    Sorry not had access to a computer for a few days - so a bit tricky for me to reply fully.


    So, going back to my OP - I was somewhat surprised to be getting the letter from Mr Lender ;


    I have since tracked down which loan it was - looking at my bank statements, I did actually repay the loan early, but only because I got another loan from another lender. So on this basis, the loan probably was unaffordable.


    Clearly, the starting point has to be "why has Mr Lender" only deemed this one loan to be unaffordable? Surely, my first point is to reply to them, rejecting their offer (i.e. the refund of interest from this single loan as "settlement for all loans in the last six years) and make a claim for all my loans and see where I get. 


    In terms of other lenders - I've had quite a few Satsuma loans - who always used to annoy me because they "front loaded the interest" meaning that any early repayment was not really an option - and at times I had at least three separate loans from them - however, doing a bit of research shows that they've been very bad in dealing with complaints with people waiting way longer than the statutory time.


    Which other payday lenders?



    As I say - a lot have gone under - ones that still exist I think:



    Money Boat



    Lending Stream (many years ago, possibly before 2014)



    Have any other users had any IRL claims with any of these?



  2. weird question. Received a letter out of the blue from Mr Lender. I have had several loans from them in the past. I have never claimed for non affordability of these loans even though they may probably were due to certain issues in my life at various times.


    Also, to my knowledge, I have not asked for extra time to repay....I may have taken advantage of interest only options at various times.


    Anyway my out of the blue letter states that as part of an historic review of affordability one particular loan was described as "we believe we could have carried out further checks to properly determine whether the loan was affordable, that we took into account all relevant information  at the time, and that our customers received the right outcome" 


    The outcome is that for one loan they are repaying the interest I repaid. This begs the question as to what about any of the others? Was it my circumstances  were different at this particular time or were there checks just a big rubbish? 


    They haven't given me a date of the loan but state they carried out a review between 1/4/14 - 1/3/2020. During that period I estimate I've probably had between 6 and 10 loans from them. 


    I have six weeks to accept the offer of refund or they will assume I don't want to. 


    Should I query the other loans or specifically  ask why just this one?



  3. Doing a quick Google search on discontinuance, I note something about "paying the defendant's costs"


    Am I pushing my luck in chasing this up?


    As for the contribution - that's a given


    1 hour ago, shamrocker said:

    Well done! This is more than likely the end of it, but you should check with the court at some stage that they've officially discontinued.


    They can still chase you for the debt, and they might, but you can just ignore. If they were to issue proceedings again, you can refer to this case in your submissions - it won't reflect very well on them if their case is similar to this time. The chances of them trying again are probably slim though.


    The email was to the local court where the claim was to be heard in August; they had until some date in July to pay the fee for continuing with the proceedings. 

  4. Just got an email from the solicitors

    - not sure whether they will have sent copy in Royal Mail too

    - just stating that they will be relying on the evidence in their "premature" WS produced back in October last year. 


    This is the WS that I based my formal defence/Witness statement on .


    assuming they pay their fee by July,

    and the case goes ahead in August,

    it will be a simple case of persuading the judge that their lack of credit agreement and default notice are enough to win me the case?


    Sit and wait


  5. So, do you think I have much chance of a "counter-offer" of "50% discount and repay over 12 months"?


    Do I have anything to lose? Will they think by making such an offer that I should be paying more on my AOE arrangement?


    Also, isn't it a bit curious that the CCJ is not recorded on my credit record? Initially, I thought this was because six years of repayments would not have repaid all the debt, but now that I've read that AOE continues to be paid until all paid off (and not stopped after six years and CCJ dropping off credit record) I am a bit perplexed as to the reason why it isn't showing?



  6. Bit of background story

    - I did have another thread on here with reference to the original court claim and court hearing that I lost

    - and a CCJ was recorded against me.

    I didn't want to link to that case, as my question here is not directly related (at least I don't think so).


    I had a CCJ in the order of more than £13k recorded against me about 2 years ago.

    There was no way I could pay this quickly,

    I agreed informally with the company (Arrow Global) to repay in instalments.

    This was set at an amount of £120 per month (based on me completing a statement of earnings and expenditure and other debts I owed).

    This was a "suspended AOE order". 


    I repaid for a number of months

    - but occasionally, my repayments were a few days late

    - until one month my payment was seven days late and Arrow applied sucessfully for an full AOE order against me. 


    £120 has been deducted from my salary for over a year

    - I've never had a statement from Arrow

    - no idea exactly what was left

    - all I knew was that it was going to be a long time before I got rid of this. 


    At no stage have I been asked for an updated Earnings/Expenditure statement.

    And also at no stage has this CCJ appeared on my credit record.


    I wasn't sure whether I'd "get away" with repaying for six years and then it would stop

    - but a bit of research shows that although a CCJ may drop from my credit report after six years,

    an AOE continues until repaid in full (or if I move jobs - but then I am obliged to tell the court this)

    - I guess the only real way I could get out of repaying the whole amount would be to become unemployed or earn significantly less so that the minimum threshold to live on was breached by payment of any amount to cover this debt. 


    I did notice that Arrow had conducted a credit serach on my file - around six months ago - I thought nothing of it

    - apart from the legalities of whether companies could carry out credit checks without your express consent at that point in time

    - I think it was a soft search so I didn't think anything of it. 


    To cut to the chase: 


    Out of the blue, I received a letter from Drydensfairfax solicitors.


    The first paragraph of the letter states:


    We are conscious that there is a lot of uncertainty at the moment due to the Covid 19 situation and with this in mind, our client has applied a more favourable discount to your account for your consideration to enable you to resolve this matter. 


    and goes on to state that their client is prepared to accept the sum of £6800 (approx) in settlement to clear the account balance in a single payment or in instalments over a max of 90 days. (the current balance outstanding is around £11,300 - so discount appears to be 40%) 


    This raises a couple of questions for me - to you guys on here.


    Firstly, is this a communication error between their solicitors and Arrow

    - and no knowledge of the judgement against me nor the current AOE repayment arrangement.

    In other words, they are pretty much "guaranteed" repayment (unless I become unemployed) by way of AOE - so why offer a discount.


    Secondly, is this a "trap" to confirm how much spare cash "I really have" available

    - in an attempt to significantly increase my agreed (through the court) monthly AOE repayment?

    Clearly, this would be linked to their credit search to determine my outstanding debts or any activity on my credit report. 


    As it is, there is "no way" I could afford to take them up on their offer - but at a stretch, I could perhaps repay over a year - if they offered a 50% discount. 


    what are my chances of responding with an offer of £5700 over 12 months (£475 per month)? 


    Their letter also states that my credit record would be updated with "partial settlement" - but as this date doesn't currently appear on any of my credit files (Experian, Equifax or  Transunion) am I really that bothered by this?


    If I contact them and mention the AOE or CCJ, they might just respond with "sorry for the mistake" 


    They (Arrow or their previous solicitors) already made a mistake in the timeframe of the initial court case process - they offered me a 90% discount - swiftly followed by another letter two days letter stating they wanted "90% of the debt paid" (so only 10% discount!!). 


    As it was, at the time, I couldn't afford to have accept their initial offer - plus I felt I had a reasonable chance of winning the case. 


    Any guidance much appreciated.




  7. A long awaited update - I assume the courts were closed due to Covid-19 - but my case has now been allocated to my local court for August. 


    And before I go on, I do hope everyone on here is safe and well (as can be). 


    This is on the assumption that the claimant pays the court fee before mid-July. 


    Assumed case will take "no longer than 3 hours". 


    Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely on at the hearing no later than 28 May. 


    From my point of view, I assume that will just be a copy of my witness statement/particularised defence. 


    Any advice at this stage please?

    Is it just a case of sending the copies of the details to date to other party and court? 

    Should I be coming up with anything new at this stage?


    Sorry - I know it's been a while and I'm not expecting the helpful experts on here to remember the details

    - the last requirement from my point of view was to send a formal defence to the claim (which more or less took the form of a WS)


    - the claimant had already produced a WS despite the court not explicitly requiring one

    - so that's where we're at

    - my formal defence/WS rebutted their "original t&c" partly based on the reference to pin numbers

    - which were not a feature of credit cards at the date of the original agreement. 


    Thanks for reading and any help at this stage greatly appreciated.

  8. Thanks for the responses Andy. 

    Yes, I was able to call into the court in person - but not overly helpful - first being told to call the number I had been calling (and being an average of no.50 in the queue) and then eventually being given an email address by the court usher - I have emailed them and got an auto response stating a response within 10 working days. 


    I do consider it quite a long delay since the deadline for providing the "Formal Defence" - but I know that sometimes process can be a bit slow. 


    Thanks again.

  9. Still nothing in the post, over nine weeks now since the deadline for producing my "formal defence".

    Getting slightly worried that something's gone amiss and I'm half expecting a CCJ in the post. 


    I have twice tried to phone the court and have been no.36 in the queue and just now no.44 in the queue. 

    I thought contacting the tax office was bad. 

    How are we supposed to get help or find out info if this is the way our court system works?

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