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spursgirl1

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  1. Hi there I have had the same issue with The Finance Facility, who have today taken £79.95 from my debit. I have contacted Lloyds, my bank, and stated that I would like a chargback, which they have refused as I ticked the T&Cs when applying online to The Finance Facility, now had this back from FF: I refer to your telephone call and email of today, please see the following response.... Firstly, I would like to say that I am sorry you have had to contact us, I will try to answer your query as full and as best that I can. We do not take any payment without knowledge, permission or authorisation and a customer confirming they have agreed to our T&C's, you have electronically signed and verbally confirmed that you had read, understood and agreed to our T&C's. I have looked at your account, you applied firstly on-line on the 22nd of November 2013. Our Terms & Conditions are on our website and they are very clear and precise. You had to type your full name into the box to say that you understood and agreed to them, this is before we would speak to you to finalise your application. Your putting your name in the box is a legal signature acceptance of your agreement to our Privacy Policy and our Terms & Conditions which are therefore now legally and contractually binding. Our T&C's are very clear, we charge a fee of £79.95 once you have been accepted by one or more of our lenders, not when you accept a loan. I can see from our systems that you were accepted by 1PLUS1 Loans who have also informed us that they have already sent you out a loan pack by text and email, so you can quickly complete your loan, sometimes in the same day. You have also been accepted by Amigo Loans. Our systems are automatic and payment then became due and payable and was duly and correctly taken. I am sorry but we are not a free service, or do we imply that we are. We clearly display that we take a fee and the amount, in two separate and prominent places on our website, they are not hidden or in the small print as there is none. Please re-read our terms and Conditions in their entirety, as they are very explicit. I have also listened to the telephone conversation (all calls are recorded) you had with our operative when you completed your application. At the start of the call you were asked the following... "BY CONTINUING WITH THIS CALL YOU ARE CONFIRMING THAT YOU HAVE READ AND AGREE TO OUR TERMS AND CONDITIONS ONLINE", you replied with a 'positive' response, if you hadn't the operative would have said that until you have agreed, not only by electronic signature but also by verbally confirming this, the application would not then be processed and you would of been asked to go back and re-read the T&C's and only once you were happy with them and you confirmed this positively would the application then be finalised. As previously stated our T&C's specify clearly in two separate places that we charge a fee and the amount that we charge, one is in our FAQ section under "what will it cost to apply" and the other is in our "Terms & Conditions" under the heading "FEES". Prior to completing your application over the telephone, you also had to complete the agreement box (with your full name) on our website to confirm that you had read and understood our T&C's (we would not of contacted you to verbally complete your application over the telephone otherwise). You were also clearly advised by our operative that by continuing with your application you confirm that you have read and agree to our T&C's and you also verbally do acknowledge this. If you do not confirm this (you clearly did), the operative would have asked you to go back to our website and read the T&C's and only once you are happy and agree to them, to then call us back to complete your application. We do state that we will check that your card account is valid by debiting a small amount (usually under 50p) and then refunding the same amount back to the card instantly. This validates that you have given us the correct information and we then continue to process your application, there is no point in us continuing with the application otherwise, as you may be giving us false information. To reiterate, you are and should be well aware prior to speaking with our operative of the charge we make, as you have already confirmed (by typing your name in the box on our website) that you have read and agreed to our T&C's and also verbally confirmed this to our operative! The following is a direct extract from our T&C's..... "We will ask you for your Debit/Credit Card details, this is initially to check that you have a current UK Bank Account, by agreeing to these Terms & Conditions, you give us the authority to carry out a pre-authorisation on the account you have supplied in the sum of less than 0.50p (this pre-authorisation will then be cancelled and it will not show on your account) this is to validate your Card account details. In the event your application is processed and you are accepted for a loan by one or more of our lenders, you irrevocably authorise us to use the same Card Account & details you have provided to pay our fee of £79.95. We will only charge this fee once". If you would like to hear the relevant sections of the call that you had with our operative, you can call our office between 10am & 5pm, Monday to Friday. If a supervisor is available he or she will play it back to you, if no one is free, someone will call you back as soon as they can. Having read our T&C's, you will be aware that once an application has been processed, it cannot then be cancelled and that we act as your Personal Broker for a period of 6 months and we will continue to put you to any new lenders as they come on board. Also, this type of service is exempt from the The Financial Services (distance marketing regulations) 2004, the section 11.(b) of that particular Act of Parliament applies. The definitive words in your email are: "6 months". We do operate a refund policy, this is stated in our T&C's, namely in the event you do not take a financial solution in the period of the 6 months we act for you and only once this term has expired, we will refund the fee less a £5.00 admin charge. This is in full compliance with the Consumer credit Act 1974, section 155. In accordance with our T&C's you have to write (they do not accept emails, faxes or telephone calls) to the refunds department when the term has expired to: The Refunds Department, P.O. Box 215, Prescot, L35 1WA. They can take up to 21 days to refund any money due. In the event you have taken a loan in the exclusive 6 month period with anyone, they are not then obliged to refund anything. WE ONLY CHARGE THE ONE FEE. We do not store Card details, once the Card details are taken they are kept securely until the payment has been processed and then they are removed and only the Bank has a record of them. We also only ever take one fee, so you can be assured we do not and will not apply for any other payments from you. Do I have any recourse?
  2. Hello Flyboy I am in a similar position with regard to credit, I am in a Debt Management Plan and now need a new mortgage. I have tried a regular broker and they said they couldn't help. Would be grateful for any reputable Adverse Mortgage broker advice
  3. Hi All I too have fallen foul of the PayDay loan companies. As with the rest of the Country, I was paid earlier in December (21st) and had a £99 charge go out OK on that date, then got an email stating that they would be recovering the loan amount - £649 - on 31st December!! Obviously, I tried to contact them to explain why this wasn't possible but could get no answer. In desparation, I tried the online chat link on the web site and spoke to a guy who said they would put me on a 'pre-default payment plan' designed for customers who knew that they would not be able to make the next payment. I took screenshots of the entire conversation (luckily). Then, lo and behold, I have received a default sums email from them stating that they had tried to take the £649 from my account and had been declined. I rang them straight back and explained the situation to two different women who then stated that they would have to go back into their live chat records and recall the matter and that a Manager would call me in the next 24-48 hours. I now have £12 in default sums from them and a further charge from Lloyds TSB due to the DD bouncing - NICE!!! Any ideas?
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