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Everything posted by fairhead

  1. For how long? I've seen that they are very aggressive with regards to serving court claims. A CCJ isn't going to be ideal... but you reckon ignoring them is the best advice?
  2. I'd rather not give the amount, I know debt collectors read all these forums. But I worked out the o/d fees and interest charged makes up a third of the balance. I've already complained about them phoning non stop but had no reply. Just the continued calls and texts all day long. Would a 'prove it' letter help? Just to buy me some more time? Ignoring them isn't working.
  3. Hi, I've had a letter of assignment from Cabot for a overdraft which defaulted 2 years ago. It was an old student account turned graduate account that I stopped repaying when it went from interest free to £90/month. I'd just like to know what, if any, my options are? I calculated that about a third of the balance is made up of interest and charges. I disputed these with the FOS recently and they didn't uphold my case despite proof of them causing financial hardship. I can't make any payments atm because I'm out of work. Are Cabot likely to serve a CCJ claim on me quite quickly
  4. Keep us posted along the way. Initiating legal action is the most effective way to go now. The FOS are far too soft, inconsistent and incredibly slow. Go straight for the jugular!
  5. There was a non-disclosure term in the settlement... can't you guess who it is though from the rhyme?!
  6. You probably also have a case against them for irresponsible lending of unaffordable loans. If you had other debts at the time and were using payday loans to pay off other debts, I'd put a claim in for your interest back. I think taking legal is best course of action. It's really not at all as daunting as it sounds. I would bypass the FOS and ICO altogether. If they don't respond by the SAR due date, do as BankFodder suggests and send them a letter before action. You can have two aspects to one claim as it falls under the same account... their breach of the DPA and irresponsible lending.
  7. Hi Benny, Did you also send them a copy by email? It's not completely necessary but companies like this use registered offices which just forward mail to another location. Either way, it's time to start the litigation process, starting with your letter of intended legal action (Notice Before Action). This letter should be straight to the point. Ensure it is extremely clear what they need to do to prevent legal action, together with a brief explanation of why they are in the wrong (legally) and allow them exactly 14 days from the date on your letter.
  8. Wrong! A CCJ cannot simply be enforced by a claimant after the order, even if it is made forthwith. They must apply for enforcement through the courts and pay the fee. This can only be done AFTER 30 days of the date of the order and non-payment. Your suggestion that enforcement can be taken as soon as a payment isn't made and in less than 30 days is utter nonsense. Yes appeals must be made within 21 days of an order, but that has nothing to do with payment timescales, enforcement, or the registration of a CCJ.
  9. This is splitting hairs a bit. An CCJ is totally meaningless until 30 days has passed. It is just a placeholder. In effect, said CCJ is never going to be registered therefore it is null and void.
  10. Part Admission doesn't automatically result in a CCJ. A CCJ isn't registered anywhere unless you fail to pay a judgement order within 30 days of the order date. Even then, it is the Claimant who has to apply to register the CCJ against you. If you have an order against you, you should receive a 'General Form of Judgement or Order' letter from the court. This letter is what matters and should tell you what exactly has been ordered, how much you have to pay, and the date it was ordered. Don't trust the court to send this promptly, better to phone them early if you haven't received it or qu
  11. They haven't dissolved, that's just a trading name of the parent companies, Instant Cash Loans Limited and Dollar Financial Group.
  12. There are various templates out there but's it's much better and probably easier to write your own. It's along the same lines of your formal complaint but more succinct. Cross that bridge if/when you come to it.
  13. I would add that the account is statute barred and your complaint is not an admission of any liability to them. I'd also remove the part about the FOS and ICO, you can't take your complaint to the FOS after 14 days, you have to wait the full 8 weeks. You also can't do both at the same time. Just say, if this can't be resolved within 14 days, legal action will be considered as time is of a necessity. Then you're good to go I think. If you don't get the response you're after, then fire off the Notice of Intended Legal Action, which is straight to the point.
  14. I'm aware of this, but the default on a short-term loan account would typically expire no more than 6 months after the SB date. PDL's cannot be reported for longer than 6 years + 6 months after no payments have been made.
  15. Hi Benny, No point paying as it now as it's also Statute Barred. Make your formal complaint with no admission of liability. You could also reiterate that as you have not acknowledged the debt, nor made any payments towards it for over 6 years, it is now Statute Barred (presuming this is true and you make no contact with LS prior to the default?). They can't reset the 6 year clock from you complaining. Just ensure you do not acknowledge acceptance of any debt. It's somewhat regardless as they have sold it, but just be sure to cover all bases.
  16. Quote from 2nd page of your adjudicator decision; "There is no set requirement as to what checks payday lenders should do before lending." - Excuse me, what?? Are they aware of the FCA/OFT regulations? Or just exercising their choice to completely ignore them? The FOS are absolutely unbelievable! The FCA’s rules on responsible lending are set out in CONC 5 and draws upon the “Irresponsible Lending Guidance” which was originally published by the OFT in 2010 (and updated in 2011). You'll find everything you need under CONC 5. I suggest sending a link or print out directly to thi
  17. 25 Loans with Sunny? Between what sort of period? And whilst with other loans presumably? The FOS are a joke imo... said this many times, the outcome appears to come down to a coin flip with them, it's totally bizarre. Do you know the total amount of interest paid to Sunny across all loans? If you have some money put by from your other refunds, I would consider legal action. It may cost you nothing if they settled upon receipt of a Notice of Intended Legal Action....
  18. ..... Just read your initial post again.... it seems both entries should now be long removed from your credit file. You have a very strong case against them and I would say you even have a case to request compensation. As these inaccurate and unfair entries are now preventing you from obtaining vital credit, ie. a mortgage, I would include a compensation claim. £150-£300 is a realistic value and I'd suggest requesting £150 in your formal complaint, rising to £300 should you have to resort to legal action. Inform them that their current reporting is deemed as a deliberate circumvention of Secti
  19. Hi Benny, If the account was fully assigned to PRA, then the LS credit file entry should be listed under 'closed accounts', marked as either settled or assigned with a 0 balance. The PRA entry should be under 'open accounts' if the default is still active. However, you are completely right in saying that the default is dated long after it should be. For short-term loan accounts, the default should be filed between 3-6 months after the relationship has broken down, i.e no payments made. The ICO will side with you on the phone I imagine, but their complaints procedure is a faff.
  20. There's a right and wrong way of complaining against payday lenders. If you get it right first time, you're in the minority. There's almost an art to it. But once you know the system with regards to payday lenders, I believe all justifiable complaints can be settled fairly. The payday lenders that remain in the industry are not here to keep paying out in compensation for their past mistakes. They will try almost everything to dismiss valid causes for complaint. But here's how to go about it properly. NEVER call them! Like never. Not only are you wasting time and effort, but they'll
  21. Well my claim was based on their deliberate circumvention of ICO guidelines, the Limitations Act and the DPA. I did include irresponsible lending too, but who's to say what the victory is actually based on seeing as they still refuse to admit liability. All that matters to me is that they'd rather settle than face court proceedings! I'll reveal the lender once the settlement is complete and I've discontinued the claim.
  22. An update for you all.... I have received a settlement offer just days before I was able to apply for a summary judgement! Their offer is made 'without prejudice (save as to costs)' and 'with no admission of liability', but I am going to accept it as it's a better offer than what my claim is for! They are going to remove the account from my credit file with all CRAs, pay £250 in compensation, and take no further action against me for the outstanding balance on the loan account (effectively a full discharge). :whoo: Just goes to show, these payday lenders do not like it when
  23. Do the FOS never uphold these types of cases any more? Or is it possible but rare? I don't use Lloyds any more, had to open a 'safe' basic account elsewhere. It's been over 2 years since they defaulted it and it's already been with 4 different DCAs so I reckon it's due to be sold on soon I guess. I owe around £1800, but about £700 of that is made up of charges and interest added on top as well. So probably half the amount due is the banks own charges on what was supposed to be an interest-free graduate account. Annoys me how an account designed to financially su
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