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swingtop

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  1. Sorry dx I'll rephrase I said I was considering. Cheers
  2. Thanks for your replies! Off I go then! How would I evidence the other PDLs and CCJ I had on my credit record at that time? They have dropped off also I replied I was going to go to the FOS. Peeeter thinks I shouldn't. Dear Mr We are sorry to hear that you do not agree with our assessment. Unfortunately however, we have made our final offer and we are unable to change our decision or offer any more. We have made our offer in an attempt to help you during your difficult times and to resolve the complaint in an early stage but if our offer is not satisfactory then you are now welcome to escalate your complaint to the FOS. Please find their contact information in our original response. We would like to advise you however, that even in the unlikely event that the FOS does decide the loans were provided irresponsibly, they don't usually expect the lender to write off the original amount borrowed. They will expect businesses to refund the interest you have paid but if you have paid less than what you borrowed, then you would still be required to return whatever is missing from the capital. Therefore, regardless of the decision (your complaint upheld/not upheld by the FOS) covering the principal borrowed is a must. Just to clarify your borrowing amounts. In total you have borrowed £300, whilst the total interest you have paid is £31.10. You have not made any payments towards the last loan, meaning that even if the FOS decides that all loans were irresponsibly given, then you would still need to cover the remaining principal sum you borrowed. Furthermore, we would like to advise you that in 2011 it was not standard practice for short-term lenders to run credit checks as the checks needed to be proportionate to the amounts borrowed and the repayable amounts. On the other hand, if the FOS agrees that the complaint should not be upheld, you would be required to pay the principal capital as well as the interest on the loan or any default charges. In this case, our offer will also no longer be valid and we’ll expect the full payment. You are however welcome to come back to us in case you change your mind and would like to accept our offer (if you have not lodged the complaint with FOS). Please do not hesitate to contact us should there be any further information you require. Kind regards, Peeter Poll Complaint Handling Specialist Peachy Complaints Department http://www.peachy.co.uk
  3. I have read the guide, really well written by the way! What realistically what I hope to get from FOS? Cheers
  4. All, Continuing on with my IR claims, I had a reply from Peachy who admitted they never carried out credit checks as there was no requirement! The question I have is because its so old and has dropped from my file and is statute barred, is it worth continuing? I still get the odd threatening email from MMF. Here is their 'full and final reply' Dear, We are writing to you in response to your complaint we received on 21/01/2018. We have investigated your complaint competently, diligently and impartially. We have assessed the subject matter of the complaint and would like to provide you with our views on it. We want you to know that we are deeply sorry to hear now that you were struggling financially already before the loans were issued to you and that you consider us responsible for causing you further difficulties by approving your loan requests. We can assure you that it was never our intention to harm you in any way. As creditors, we abide by our statutory obligation under the Consumer Credit Act 1974 to undertake a sound, proper and appropriate assessment of creditworthiness to assess the borrower's ability to afford the proposed credit commitment. In addition to assessing creditworthiness, we do our best to always undertake an adequate assessment of affordability. Firstly, to ensure you have a clear overview of your lending history with us, we would first like to provide you with a breakdown of your borrowing with us. You took out 3 loans from Peachy between 11/11/2011 and 01/12/2011. The first loan of £100 was taken out on 11/11/2011. This loan was scheduled to be repaid in a single instalment and you repaid the loan one day after the originally scheduled due date. The second loan of £100 was taken out 22/11/2011. This loan was scheduled to be repaid in a single instalment and you repaid it 1 day before the scheduled due date. The third and last loan of £100 was taken out on 01/12/2011. This loan was scheduled to be repaid in a single instalment. However, this loan fell into serious arrears and despite having discussions about repayment options, we did not receive any payments towards the loan and as such, the loan was handed over to a 3rd party Debt Collection Agency called Motormile Finance. We contacted them and we can confirm that no payments have been received towards the loan and that the outstanding balance is £175.00. The affordability check is based on information, obtained from the. The affordability assessment is also based on the borrower’s financial position as a whole and takes account of information that we are aware of at the time the credit is granted. As creditors, we employ the use of a variety of types and sources of information to assess affordability. When you created the account, you provided us with the following information that you confirmed to be correct. You stated that you were in full-time employment, earning against which you listed no expenditures. When you provided this information, you also confirmed that you have provided accurate information and considered potential future income and outgoings in determining your ability to repay. We note that we are not obliged to ask for copies of your bank statements and at the time you took out the loans there were no specific requirements to run credit checks. We trusted the information you provided us with to be true and accurate. Our application form is designed to provide customers with all the information they need to make a well-informed decision about whether the loan is affordable for them. When you requested the loans, you were also presented with information about the full cost of the loan, SECCI and the Credit Agreement. In addition, by signing the Credit Agreement, you also confirmed that you are not: “a) in a Debt Management Plan (or similar scheme) or considering entering a Debt Management Plan (or similar scheme); b) in an I.V.A or are considering entering into an I.V.A.; c) bankrupt or considering filing for bankruptcy; d) under notice of termination of employment, redundancy or any other notice which could affect my employment status; e) in receipt of Statutory Sick Pay or suffering from any medical condition which would cause me to apply for Statutory Sick Pay during the period of the loan; f) in receipt of any benefits instead of my usual wages, salary or other income declared in my application." Having investigated your complaint, we are certain that the extent and scope of our assessments in assessing the affordability of your loans was in compliance with requirements set by the FCA as in accordance with the rules set out by the Office of Fair Trading. Based on all of the above, it is our view that your complaint should not be upheld. However, as a gesture of goodwill, we propose to reduce the outstanding balance of your loan to the principal sum you borrowed, £100. Please let us know whether you agree with our proposed resolution. This offer is made in full and final settlement of your complaint and acceptance by you will indicate your agreement to this condition. This has been our final response. Should you remain dissatisfied with our explanation and the outcome of your complaint then you have the right to refer your complaint to the Financial Ombudsman Service, free of charge – but you must do so within six months of the date of this letter. If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if the Ombudsman believes that the delay was as a result of exceptional circumstances. You can find information about how to do this on the Financial Ombudsman Service website: http://www.financial-ombudsman.org.uk. There is helpful information about how to complain in the leaflet Your complaint and the Ombudsman which you can find at: http://www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm. We have also attached the leaflet to this email for your convenience. Kind regards, Peeter Poll Complaint Handling Specialist Peachy Complaints Department www.peachy.co.uk
  5. Two replies I had from Mr Lender; Dear Mr Reference: Thank you for your email dated the 25th January 2018. As you have made us aware of your dissatisfaction with the service you have received, we have conducted a thorough investigation in order to address the concerns you have raised. Please find below a summary of your complaint and the explanation for our decision. Your complaint outlined: You believe you are a victim of irresponsible lending You have CCJs, defaults and other payday loans on your credit file You have gambling issues Investigation: We have reviewed your account and can see that you have taken out just one loan with Mr Lender Before your loan was issued your application was subject to Mr Lender’s responsible lending assessments. These included thorough affordability checks as well as a credit check with the information provided by the credit reference agency, Call Credit. These were conducted in line with our Responsible Lending Policy to assess your suitability. The results of your credit check showed you had a credit score of. This score is considered above average when compared to the scores we had seen during 2017. You also had no accounts registered as defaulting or in delinquent status within three years prior to your application dates. There was no evidence of any advances against income which would indicate short term borrowing from other lenders. There was also no evidence of IVAs or Bankruptcy on your credit file. We conducted an employment check in order to ensure that you were receiving a regular monthly income. Upon application of your loan you informed our underwriting staff that you were employed by. Our lending decisions are also based on the information a borrower provides to us, as a consumer it is your responsibility to provide the correct information to assist us to determine the affordability of your loan application. We should be able to trust that the information provided by a customer is a true and accurate reflection of their situation. You confirmed the following upon application: Your net monthly income was Your expenditure was which consisted of: Mortgage and Rent - Electricity, Gas and Water - Food and Travel - Telecommunications - Council Tax - Other Loans - Other regular outgoings - All of the above information was confirmed verbally over the telephone at the time of your application and would have left you with a disposable income of . We can also confirm when questioning outstanding payments on your credit file you confirmed you had a card, which you were paying a month towards. We can confirm that based on the information provided by you during our affordability checks, your highest instalment due during your loan will not exceeded any more than 12% of your monthly disposable income of £. The checks we conducted were proportionate to the amount of capital borrowed and the results of these checks were deemed sufficient. Based on the actual loan amount borrowed, the loan issued is under 14% of your monthly income and therefore affordable as per the information provided and confirmed by you. At the time of applying for your loan, you would have had to confirm that you had read and understood the Adequate Explanations document. We would not have been able to process your application unless this was confirmed. This document states the following: ‘Your agreement is intended to provide funding over a short term period of no more than four months. It is important for you to know that entering into this agreement would be unsuitable to support sustained borrowing over long periods and would be expensive as a means of longer term borrowing, such as over a number of years. You should not consider taking out this loan if you are unsure you can meet the required monthly repayments, including if you are already in financial difficulty’. Having reviewed and investigated your complaint, we believe that all checks were carried out in line with the company’s responsible lending policy. All of the assessments conducted by Mr Lender were completed in accordance with the regulatory requirements and guidance at the time of your loans set out by the Financial Conduct Authority. The result of our investigation: We make lending decisions based on the information a borrower provides to us at the time of application, this is in addition to credit checks and our underwriting evaluation. When you provided us with your monthly income and expenditure at the time of your application and signed the Consumer Credit Agreement, you agreed that the information was accurate and that you would be able to repay the loan based on this information. There was no indication at the time of application that you could not afford the loan that we issued to you. You have only taken out one loan with Mr Lender just one month ago of which is still outstanding and would not be viewed by ourselves, as irresponsible. We can confirm Mr Lender has complied with all regulatory requirements and guidance set out by the FCA when funding this loan, along with offering you the relevant support to help you with settle your loan. Please find attached a copy of your original contract; your first instalment of is due today (25th January 2018). If you are unable to make the payment, please note we can to set you up on a repayment plan to support you. This will allow you to repay any money owed over a longer time than what was originally outlined in your contract and allow you to repay your loan more comfortably. However, we must make you aware this may show as an 'arrangement to pay' on your credit file and may also affect your ability to borrow from Mr Lender in the future. This is our full and final response to your complaint; we look forward to hearing from you. Additional Information We are committed to providing the best possible outcome. However, should you feel dissatisfied with our final response you may refer your complaint to our Trade Association, the Consumer Credit Trade Association (“CCTA”) by writing to the Chief Executive, Consumer Credit Trade Association, Airedale House, Aire Valley Business Park, Dowley Gap Lane, Bingley, West Yorkshire, BD16 1WA. You have the right to refer your complaint to the Financial Ombudsman Service, free of charge – but you must do so within six months of the date of this email. If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if the Ombudsman believes that the delay was as a result of exceptional circumstances. You can contact the Financial Ombudsman Service by visiting http://www.financial-ombudsman.org.uk/, calling 0800 023 4567 or emailing complaint.info@financial-ombudsman.org.uk. You can find below a link to the Financial Ombudsman Consumer Leaflet, should you require a hard copy we can send this to you via post. http://www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm Your right to complain to the FOS is independent of your right to take your complaint to the CCTA. You are not required to approach the CCTA before the FOS. Kind regards, Amy Complaints Department Telephone: 0208-532-5022 Web: www.mrlender.com Post: Mr Lender, PO Box 366, Loughton, IG10 9EW Dear Mr, Thank you for your email and sorry to learn you have been dissatisfied with our response to your complaint. Please be aware we can take up to eight weeks to investigate a complaint, however as you have only had one loan which was taken out just one month ago we already had all the information we needed for a response. In regards to your credit file, all of our customers must meet our lending criteria in order for us to ensure that we are lending responsibly. 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 loan affordable. 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. You confirmed upon application that you had a disposable income of, the highest instalment outlined in your contract was your first instalment for. This is just 12% of your disposable income. Your loan amount as a whole of is precisely 14.2% of your monthly salary of. As you took the loan was taken out just one month ago, you would have been fully aware of your financial situation and that you should not have considered taking the loan out if you were unsure you can meet required monthly repayments. We can confirm Mr Lender has complied with all regulatory requirements and guidance set out by the FCA when funding this loan. The first we have been made aware of your financial difficulty is through your complaint just before you were due to make your first instalment, if a customer advises us that they are struggling financially, as a responsible lender we will always offer further help and support. Which is why we have offered to set you up on a repayment plan, allowing you to repay your loan in smaller monthly installments. We can confirm to support you further you we will be able to freeze your account for a period of 30 days, giving you enough time to organise your finances and get in contact with us to set up a repayment plan. If we do not here from you within this time the daily interest that would have accrued on your account may be reapplied. Unfortunately if we do not hear from you after this time and you become over due, then interest will continue to be charged on the capital at 0.8% per day. If the payment is not received, this may affect your credit and payment history. We report our customers’ payment history to credit reference agencies and this information may be seen by other lenders. As advised in our initial response, this our full and final response to your complaint. We look forward to hearing from you. Kind regards, Amy Complaints Department Telephone: 0208-532-5022 Web: www.mrlender.com Post: Mr Lender, PO Box 366, Loughton, IG10 9EW
  6. Hi all. I had a loan with Mr Lender. I emailed today regarding a claim for irresponsible lending as I have issues with problem gambling. I have stopped gambling and taking it one day at a time. I had a reply within the hour. They said they carried out proper checks and I had no defaults or problems in the last three years. I already had two loans open with sunny and one with money boat. My credit card was over its limit and I was overdrawn. They stated that the installments that are due are never over 12 per cent of disposable income. But the next sentence said my installment was under 14 per cent???? There was no mention of the gambling issues nor the multiple searches that are on my file. What's the next step? A reply outlining what I said here then the FOS? Any advice great-fully received. Feel free to move thread if needed
  7. It was taken off the defaulted sum. They said it was reduced and the principal sum remained. MMF placed the default on my file for £200.
  8. Hi. They said it was Cash Genie, who i already had a small redress from
  9. Hi. I had a payday loan which was defaulted in 2013. I had an email from the above company who said they now own the debt. They placed a default notice on my account in June 2016, three years after the account was defaulted. Are they allowed to do this? Thanks in advance.
  10. There is no way I will be letting them get away with it. I still want the previous payments refunded! Thanks for all the help and input.
  11. So confused now! I phoned up customer services who put me through to debit card services who have put a charge back on my account so the money is being refunded. I never mentioned any breaches either! I don't know how it was so easy this time but the last time they wouldn't do anything! Surely they have set a predent and can't argue about the previous payments that were taken?
  12. Hi, no nothing there. Can i send you a pm? edit: was in my junk mail folder! thanks
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