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About Crashed767

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  1. So for those that have been following my complaint I have had a decision from the ombudsman. The ombudsman has agreed with the ajudicator that only part of my complaint be upheld. Mainly that the last loan in relation to my income was unaffordable. That the rest (10) in relation to my income were affordable. Basically because I didn't inform them I wasn't in financial difficulties they were not to know. "I also note that Mr C made his payments on time and didn't tell Wonga he was in financial difficulties". From what I understand from the decision and what the ajudicator has told me at the time I took the loans it was general practice for payday loans to be based on income alone and therefore Wonga were not to know. So, the same day the ombudsman contacted me the ajudicator called to say that she had made her decision on the other case she had which was about wageday advance. She said the same reasoning will be applied and that therefore all their lending was responsible. I have my own thoughts on the impartiality of the same ajudicator dealing with both but well thats how they roll. Anyway, luckily I did send WDA a bank statement showing I had loans with Wonga and they still lent to me so I'm going to go down that avenue with them. And I'll carry on this on the WDA forum going forward. Still, I have won and with Wonga and to me that's the most important thing, and every complaint made about their lending practices is one step towards making them think twice about praying on those who are obviously stuck in debt, and that was always my point! Good luck guys! C x
  2. Hi, I was just wondering how you got on with this? I am in a similar situation, the ajudicator thinks that Wonga are not obliged to carry out any specific checked when it comes to affordability and that taking only my income into consideration is sufficient. They have disregarded my other debts and bank statement. I am currently waiting for an ombudsman to make a decision on this. Did you choose to go to an ombudsman?
  3. A template won't get you very far, just complain explaining that the loans were unaffordable, that proper checks were not carried out and that therefore their lending was irresponsible. It has to be based on your own circumstances. Make it clear that if they do not offer a satisfactory response you will take it to the FOS. FOS route takes months, I'm now on 6th month and and only just waiting for an ombudsman to make a decision so bare that in mind.
  4. Thanks, guess I just sit tight and wait. The whole process at the FOS is inconsistent and not very transparent. This is the second time this has gone to an ombudsman, the first time Wonga produced some information which meant it went back to an ajudicator to look at.
  5. Out of interest how long did it take from an ajudicator passing it to the ombudsman to the ombudsman making a decision?
  6. So... I have spoken to her and it is her view that as I paid every loan on time Wonga was not to know that I was in financial difficulty. She also stated that in the T&Cs of the loan Wonga state that a customer is obligated to tell them if your in financial difficulties. She dismissed the fact I took out 13 loans in 12 months, completely disregarded that payday loans should be used for short term lending only. She said "there are no set rules on how many loans they can give". Basically she feels the onus was on me to ensure the loans were affordable & not Wonga. She said Wonga did agree to refund interest on the last loan which she felt was unaffordable, I explained that they would agree because they know all the loans were unaffordable. Anyway, we both agreed that we were at an impasse so she is sending it to an ombudsman on Monday. So I'll just wait and see how that goes. I have to go through this all again yet with the same ajudicator for wagedayadvance
  7. I wouldn't fear it, its been a very long process for me though. Wonga have not been very forthcoming with information so this has taken a long time. However, my ajudicator has gone from saying; "I’m unable to determine what measures were taken to make sure he could afford to repay these loans, however Mr Crashed has informed me that although you asked him what his income was, you did not ask about his outgoings. Mr Crashed has given me some information about his income and expenditure which suggests that he could not afford to repay these loans." To sending me the email above today. One word of advice I would have is that you really do need to argue your point and not leave it to the ajudicator to just gather whatever information they feel like asking for, as you can see from the above she hasn't even asked for evidence that Wonga completed a credit check before issuing her final view on the case - although she has basically said she doesn't feel that they needed to in any case. I am in a position where it is not about the money, I have complained due to the practices of Wonga being irresponsible, so to me whatever the outcome Wonga have still had to pay the £500 FOS charge so its win/win for me. I've just tried phoning my ajudicator however she is in a meeting until 1.30, going to phone back later and just get some clarifications before it goes to an ombudsman.
  8. Email from ajudicator today: "Just a quick update to let you know that I still haven’t heard from Wonga in regards to the questions you raised about whether a credit check was conducted. I’d like to highlight, that pay day loan providers are not obliged to conduct a credit search for customers, however must satisfy themselves that the customer is able to pay back the loan by taking a customer’s income details. From the information that Wonga have provided me with, I can see that the risk status was not high in order to show that they had lent irresponsibly to you. If you would still like to know whether they conducted a credit check, please let me know. I have chased this up again as of today, however I haven’t received a response from them for the past 2 weeks." I've just emailed back asking for this to go to an ombudsman, stressing that I believe that taking income into account is irrelevant unless considering outgoings.
  9. I agree, I feel like one complaint can prejudice the other - although they say it shouldn't.
  10. I received a letter yesterday informing me that a cheque had been sent to a previous address and to confirm my details with the company. The letter was dated 17th September. I tried using the telephone number which is currently "not in service", their website is down and my email was returned as not delivered. . Just about to email FCA. **Update** just contacted FCA. It appears CG have been sending out letters with incorrect contact details which the FCA "are aware of". Anyone trying to contact CG should use 0333 366 0023.
  11. Email from the ajudicator, she has requested more information from Wonga to address my most recent concerns, complaining to the FOS really is a long drawn out process. She also said that she has taken on my complain about another pay day loan provider... not sure if that is a good or bad thing
  12. I sent the ajudicator another email basically asking what exactly Wonga have replied & asked how she come to her conclusion that they only have to consider income etc.. She replied "Thank you for your response. I was away from the office and have just read your response. I will be referring the matter to a colleague for discussion and will get back to you shortly." Which hopefully means I made a strong argument in relation to her view on the case & she needs a second opinion. I'll be waiting for her response and make my final response on the matter and ask for an ombudsman to make a decision. What I really don't understand is how she can say in her first view "Mr X has given me some information about his income and expenditure which suggests that he could not afford to repay these loans." (I provided bank statements, so her view was based on my actual financial position at the time). Then in her second view "Wonga took into account your monthly net income of £X, and with this, they were able to assess what the maximum amount they are able to lend you in accordance with what you earned. From looking at the amounts that they had granted you, I feel that they were not too high or unaffordable." It just makes no sense whatsoever - its like Wonga cast a magic spell on her or something. Anyway, I'll see what she says and then ask for an ombudsman.
  13. My adjudicator has gone from agreeing that the loans were unaffordable (based on my bank statements) before Wonga replied to now saying that all but 3 loans were affordable. She says that the only checks they were required to carry out were income. This is way out of line with other adjudicators and ombudsman who say that by only taking income into account they "put yourselves at risk of lending irresponsibly". I have replied stating that by not asking my outgoings that they did in fact put themselves at risk of lending irresponsibly. She also says that I did not make Wonga aware I was experiencing financial difficulties until the last loan I too from them. I have replied saying that the should have known this has they carried out proper affordability checks. She says she has been told that they are not required to carry out any affordability checks specificity and in general they ask income. I have replied saying thats true, but by not asking outgoings they put themselves at risk of lending irresponsibly. The game continues...
  14. Looking at previous decisions Wonga have tried to argue that they have written a loan off under the forbearance scheme so therefore they should be able to reduce the redress by that amount. The FOS's stance is that they the forbearance scheme is a separate issue and therefore nothing to do with the redress on loans now. Wonga seem to have stopped requesting that now but looks like the ombudsman is just spelling it out to them anyway.
  15. He is also saying if they have already refunded you / written off a loan under the forbearance scheme they do not have to refund interest and charges from that loan just the rest.
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