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Potato2016

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  1. Yes i mentioned the charges and also the random £200 charge they applied i submited a copy of the complaint i sent, it appears to me that theyve based the whole complaint on the affordability side of it The blatent lying from them is frustrating
  2. Dear xxxxx complaint about Logbook Money Limited The complaint Xxxxxx took out a logbook loan with Logbook Money. Xxxx told us Logbook Money didn’t carry out any affordability checks prior to the loan. Xxx said they have missed information on requesting evidence i.e. payslips and they have conflicting information about a utility bill xxxx provided them. Xxxxxx told us xxxxx had several large payday loans which all had defaulted including a large guarantor loan to amigo, and Logbook Money should have seen this when carrying out a soft credit checks as told. Xxxxxxxx also told us Logbook Money have applied £884 in charges to an initial loan of £1000. Details of the agreements (Logbook Loans) Loan number Start date Capital amount Total repayable Weekly repayment Duration 31 August 2019 £1,000 £2,800.20 £35.90 18months My understanding is the loan isn’t settled yet. Findings Our approach to considering complaints about unaffordable and irresponsible lending is set out on our website. I’ve had this approach in mind when considering what’s fair and reasonable in the circumstances of this complaint. Did Logbook Money complete reasonable and proportionate checks to satisfy itself that xxxxxxx would be able to repay the agreement in a sustainable way? Logbook Money have provided us with the documents they have relied on which includes customer information, income, and outgoings, driving licence, copy of the agreement and bill of sale. They told us they used xxxxxx bank statement to complete the income and expenditure at the time, however due to the lapse of time they don’t hold the statement any longer. The income and expenditure from the time of sale shows net income was around £2,300, this includes private rent, child tax credit and DWP and her monthly expenditure was £764. This left xxxxx with a disposable income of £1,536 of which she would be expected to make a weekly payment of £35.90. Considering everything, I think Logbook Money completed reasonable and proportionate checks based on the size of the loan, the interest charged, the monthly repayments and length of the agreement. Did Logbook Money make a fair lending decision? As I think Logbook Money carried out a reasonable and proportionate checks, I have gone onto consider whether it made a fair lending decision based on the information it obtained about xxxxxxx circumstances at the time. Since Logbook Money said they don’t hold the bank statements any longer, I asked xxxxxxx to provide me with the statements. From what I’ve seen, xxxx monthly income across the xxxxx and xxxxxxx account appear to broadly support her income of £2,333 which reflects in the income and expenditure from the time. However, the bank statement I received from xxxxxxx shows outgoings were higher at around £1,344, which indicated a monthly disposal income of around £937 from which xxxxxxx would be expected to make the £35.90 weekly loan repayment. This indicates xxxx still had enough disposable income to be able to sustainably afford the monthly payments towards the agreement. The screen shot of the credit report xxxxxxxxx sent to me shows Vodaphone, Three and Vanquis account has worsened in August 2019, however this information isn’t enough for me to understand what the credit report reflected at the time - for e.g. if there were any large balances outstanding, defaults, CCJ’s, accounts in arrears, or missed payments I asked for further information on 17 November 2021 – a full credit report from the time, including the statement of the account number xxxxxx and statements for all other active account +/-3months the loan start date. Since I haven’t receive the information, I can’t say what this would’ve looked like. I don’t think there was anything in the information Logbook Money gathered that ought to have highlighted any concerns about xxxxxxx being able to sustainably afford the agreement. I therefore don’t think Logbook Money acted unfairly in approving the finance. Did business act unfairly in any other way Xxxxxx told Logbook Money xxxx is unhappy the way the vehicle was repossessed and how the debt was pursued. Logbook Money told us there were two attempts made to repossess the car prior to the actual repossession on 1 August 2021. The first attempt was made on 10 June and the second one was on 5 July 2021, however both attempts were unsuccessful. This would mean xxxxxxx was aware that the vehicle was at risk of repossession. Logbook Money provided us a copy of the default notice that was sent to xxxxxx in December 2020, which outlines the importance of clearing any arrears outstanding and the risk of repossession. From the information Logbook Money provided us, it shows the vehicle was released to xxxxxxx after xxxxx made a payment. Regarding the personal belongings xxxxxx said she had in the car at the time the vehicle was repossessed - Logbook Money told us the recovery agent left a message for xxxxxx to contact them to arrange to collect belongings. In reviewing this case I’ve thought very carefully about the way the business pursued the outstanding debt and considered whether I felt that business fell short of its obligations in responding to xxxxxxx situation. While I’m sure that this situation may have caused distress and/or inconvenience, I don’t think that this stemmed from Logbook Money making a mistake or acting unfairly or unreasonably. So, I haven’t made any recommendation in relation to this. Next steps I think this is a fair outcome in the circumstances, for the reasons I’ve explained. But if xxxxxx decides that xxx doesn't accept what I’ve said, then please let me know by 10 December 2021. If I can’t resolve things then an ombudsman here can look at everything again and make a final decision. If I don’t hear from you by that date we might not be able to look at xxxxxxxxx
  3. The loan is settled ive got the keys and logbook back but im not happy with the whole process it doesnt look like ill get any joy of the fos though
  4. Hi all Just had the decision they are not upholding any of any of the complaint based on i had enough disposable income to cover the payments
  5. Hi All Quick update and question, fos have taken on complaint and have asked me to provide statements, credit report and income/expenditure from the time the loan was taken out The statements i can provide along with income/expenditure but i had a few default accounts that i wasnt paying at the time should i include theese and can anyone advise how i would get a credit report from 2019 or would i use a current one and highlight 2019 in the data Thanks
  6. Hi theoldrouge Thanks, I wasnt expecting a response so quick from them its logbook money Thanks again
  7. Hi Just want to thank you all for the support/advice, ill keep this post updated with what happens next Thanks again Hi Ive had response as follows pretty quick and looks like a template Final Response Thank you for raising your concerns to xxxxxx via your email. For clarity, we can confirm that we have received your complaint We can assure you that we take all complaints seriously and I am now able to provide you with an explanation and outcome of our decision. Our understanding of your complaint You made a complaint regarding the recovery of the vehicle Our investigation of your complaint All notes, email correspondence, documentation and telephone recordings held on file have been read and considered in this investigation and we formulate this response after having considered your complaint and all the documentation as outlined above. Our Findings to your complaint We have considered the loan account and report as follows: 1. You took a loan with this company on 31st August 2019 for the sum of £1,000.00 over a repayment term of 18 months. 2. Payment terms where £35.90 per week. 3. At the time of taking out the loan you provided evidence of income and expenditure and provided evidence of a disposable income of £384.15 per week. 4. In addition, you signed a contract and statement showing that you believed the content of the statement and income and expenditure schedule to be true to the best of your knowledge and belief. 5. The loan was and is secured against the vehicle (as named above). 6. Considering the historical aspect of your account, payments were not made in a timely manner and there is a pattern of non-payment on your account amounting to arrears, interest, and charges. 7. As a result of your non-payment this company sought to recover the vehicle as is permitted by Law and the Bill of Sale signed by you at the outset of this loan. 8. We attempted to rectify the issue of non-payment with you on numerous occasions whether that be by telephone, email and text, however, you did not engage with us in reducing and/or paying the balance of the loan agreement. 9. Recovery Agents then recovered the vehicle from you with a view to selling the vehicle at auction in order to have our financial interest therein realised. However, an agreement was made whereby you were to pay a balance and the vehicle would released to you. 10. Payment was made and we understand from the agents that the vehicle has been released. Our conclusion to your complaint Xxxxxxx reject your complaint on the basis that we have attempted to work with you in relation to the historical missed payments on your account. As a result of there being no contact with you, we sought recovery of the vehicle as per the loan agreement and Bill of Sale. We can assure you that this course of action is a legal right. We understand that you have decided to take issue with the agent. Unfortunately, xxxxx are not part of this company and should you wish to make a complaint about paperwork or the recovery agent directly then that would be an issue for you to address with them directly. For clarity, your complaint is not upheld. We would also advise that this is not a complaint for the Financial Services Ombudsman, however, please note that, under the terms of our Complaints Procedure, this is our final response, and the complaint has been closed. If you are dissatisfied with it, you have the right to refer your complaint to the Financial Ombudsman Service (FOS), 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.
  8. Hi Dx/Andyorch thanks for your advice i have made the changes as below, is this good to go Loan Ref; xxxxxxxx I hereby raise a formal complaint in relation to irresponsible lending, Unlawful charges, Car repossession, dealing with financial and mental difficulty. I bring to your attention that you have irresponsibly lent to me because you did not do appropriate checks. The charges that you have applied to the account are unfair and unreasonable in total you have added £884 in total charges to a loan of £1000. There are charges on the account that are not specified at pre contract stage and are excessive of reasonable costs. I also demand that you investigate the behaviour and practices of xxxxxxxx the third party company instructed with repossession of the vehicle, The agent knocked on neighbours doors to see if I was home, demanded payment without proof of bill of sale, alleged attempted assault and refused to accept payment as his boss just wanted the car, removing the vehicle with no notification and no opportunity to remove personal belongings. Despite advising you of financial difficulty/unemployment/severe anxiety/stress/pregnancy/partially deaf. You did not treat me fairly and appropriately and carried on with recovery of debt. You ignored messages of offering payments and asking what was happening with the account. I did advise you I was partially deaf and you kept on trying to call me as opposed to email/message. Due to the above I demand that you reverse/credit all charges and interest to the account and revert to the financial position before the loan transaction took place. I would also request compensation for the unfair treatment I have received as per guidelines in CCTA code of practice. If an unsatisfactory response is received then I will take the case to the financial ombudsman services. I look forward to your response.
  9. Thanks again, right here goes Loan Ref; xxxxxxxx I wish to log a formal complaint in relation to unaffordable lending, Unfair charges, Car repossession, dealing with financial and mental difficulty I feel the need to bring to your attention that I believe you have irresponsibly lent to me because you did not do appropriate checks. The charges that you have applied to the account seem unfair and unreasonable in total you have added £884 in total charges to a loan of £1000. There are charges on the account that are not specified at pre contract stage and seem excessive of reasonable costs. I would also wish to complain of the behaviour and practices of xxxxxxxx the third party company instructed with repossession of the vehicle, The agent knocked on neighbours doors to see if I was home, demanded payment without proof of bill of sale, alleged attempted assault and refused to accept payment as his boss just wanted the car, removing the vehicle with no notification and no opportunity to remove personal belongings. Despite advising you of financial difficulty/unemployment/severe anxiety/stress/pregnancy/partially deaf. You did not treat me fairly and appropriately and carried on with recovery of debt You ignored messages of offering payments and asking what was happening with the account. I did advise you I was partially deaf and you kept on trying to call me as opposed to email/message Due to the above I would not deem it unreasonable for you to refund all charges and interest and revert to the financial position before the loan transaction took place. I would also request compensation for the unfair treatment I have received as per guidelines in CCTA code of practice. If an unsatisfactory response is received then I will take the case to the financial ombudsman services. I look forward to your response
  10. Thanks Andy I have cut the complaint down to precise points is this any better Loan Ref; xxxxxxxx I wish to log a formal complaint in relation to unaffordable lending, Unfair charges, Car repossession, dealing with financial and mental difficulty I feel the need to bring to your attention that I believe you have irresponsibly lent to me because you did not do appropriate checks. The charges that you have applied to the account seem unfair and unreasonable in total you have added £884 in total charges to a loan of £1000. There are charges on the account that are not specified at pre contract stage and seem excessive of reasonable costs. I would also wish to complain of the behaviour and practices of xxxxxxxx the third party company instructed with repossession of the vehicle, The agent knocked on neighbours doors to see if I was home, demanded payment without proof of bill of sale, alleged attempted assault and refused to accept payment as his boss just wanted the car, removing the vehicle with no notification and no opportunity to remove personal belongings. Despite advising you of financial difficulty/unemployment/severe anxiety/stress/pregnancy/partially deaf. You did not treat me fairly and appropriately and carried on with recovery of debt You ignored messages of offering payments and asking what was happening with the account. I did advise you I was partially deaf and you kept on trying to call me as opposed to email/message. I look forward to your response
  11. Thanks DX do you have any pointers ill go through the spelling with a fine tooth comb im not very good at putting this together Im concerned about going into detail too much with waffling and pointless information Should i quote the gudence more or is this not needed Thanks
  12. Hi here is what i plan on sending Formal Complaint Loan Ref; xxxxxxxx I wish to log a formal complaint in relation to unaffordable lending, Unfair charges, Car repossesion, Dealing with financial and mental difficulty I feel to bring to your attention that I believe you have irrisponablely lent to me because of the below points; - You did not do appropriate checks. Should you have used the appropriate Due Diligence, you would have seen that I was under a tremendous amount of financial pressure accompanyed by other debts that would make this loan unaffordable. This pushed me into arrears. - Should you have done the appropriate affordability checks at the time of the loan, you would have seen that I had more than 1 loan on the go and a large proportion of my outgoings servicing other accounts. These included Credit Cards / Other Payday Loans / High APR Finance /Other Debts. - On my Credit Files with the 3 major agencies (Callcredit, Equifax / Experian), I cannot find any searches that had been completed at the time of a loan being offered. While the searches may have disappeared, I would have expected to see something that shows your firm did a “Hard” search to check my financial commitments and I would request that you prove you did complete this along with providing evidence you completed affordability checks that include proof of income. I am bringing this to your attention because I believe that you as a lender did not treat me with comply with section 5 of the CONC Sourcebook on Responsible Lending or use Due Diligence upon my application and have allowed me to get into this position. I also would expect a company to check bank statements as part of their underwriting criteria. I would also expect that with your authorisation to trade under the OFT / FCA, you would have had stringent underwriting criteria. The charges that you have applied to the account seem unfair and unreasonable in total you have added £884 in total charges to a loan of £1000. I would like to point you to CCTA code of paractice bills of sale 4.8.4 "Members shall not impose charges, of whatever nature, on customers who are in arrears unless the nature of and likely amount of those charges are disclosed at the Pre-contract stage and are limited to doing no more than covering the member’s reasonable costs" There are charges on the account that are not specified at pre contract stage and seem excesive of reasonable costs. I would also like you to investigate the behaviour and practices of xxxxxxxx the third party company instructed with reposesion of the veichle the agent knocked on neighbours doors to see if i was home, demanded payment without proof of bill of sale, alleged attempted assault and refused to accept payment as his boss just wanted the car. The second time the car was taken early hours sunday morning no attempt was made to notify me and as a result i believed my car had been stolen, as a result i didnt have the oppertunity to remove my personal belongings from the car including my 4 month old babys bag and pram with essentials. Please be reminded that it is your responsability of any company/agent acting on your behalf and not up to me to contact the company. Despite advising you of financial difficulty/severe anxiety/stress/pregnancy/partially deaf. You did not treat me fairly and appropriately and carried on with recovery of debt You ignored messages of offering payments and asking what was happening with the account over the months leading up to the car being possesed but responded immiedietly once the car had been taken possesion of. I did advise you i was partially deaf and you kept on trying to call me as opposed to email/message even one of your agents messaged me to say "ignoring calls wont make this go away" I look forward to your response
  13. Thanks Dx and the theoldrouge i appriciate your time and advice. I have recieved the sar information back Just a quick few questions, i plan on complaining about affordability as i dont belieive they carried any other checks other than a income/expenditure sheet, they have also left the supporting documents/evidence blank on this sheet ie wage slips seen, bank statements provided i dont think they requested any of this from me Other than the affordability side of it, im going to complain about the charges incurred which the only ones listed in the agreement are the £12 ones not the repo fees and definatly not the £200 admin charge which is now showing as a repo fee on top of the £300 repo The fact they removed the car without offering me to remove goods or even tried to advise they were taking it there and then. They ignored my numerous messages telling them to take payment and asking what was happening with account, but replied as soon as they had car in possesion. I told them i was in financial difficulty and also suffering with severe anxiety last year which they brushed off. I even had a message from one of their agents txting to say "ignoring this wont make it go away" after they had called me even though i told them to communicate in emails Should i put all this in one complaint Thanks again
  14. Thanks for the reply Here goes from day one. I took out a logbook loan in Aug/Sep 2019 for £1000 total in 78 weekly instalments of £35.90 total repayable was £2800.20 secured by way of my car (valued at £4500 at the time. No credit checks, proof of earnings/benefits were requested only income/expenditure sheet as far as i can recall. Things got of to a pretty bad start i was charged a £12 late payment fee for 7 day notice email as there had been no instructions in how to pay i thought the money would be deducted automaticly it wasnt. I fell behind pretty quickly with a further 3 £12 charges added to the account and by January 2020 a repossion charge of £300 was applied to the account. On the 12th february 2020 a rather angry man was banging on my door asking me to pay £900 or he was taking my car there and then by right of bill of sale which he refused to show me. I jumped in my car to stop him trying to hook it up to his flatbed and as he went to hook it up i drove it up and down my drive he recorded me doing this and called the police claiming attempted assualt. When the police came out i told the police what had happened and he was refusing to show me documentation which he showed the police quite happily the police agreed with him and said i couldnt stop him. I was told to pay or the car would be taken on top of this the police were now at the point of telling me i allow him to take the car or get arrested for attempted assult and he could take the car anyway. He was on the phone to his boss who was telling him not to accept any payment and just take the car as they had had enough messing around i managed to borrow the £900 at short notice and make the payment this resolved the situation for now. I didnt want to tke it any further at the time due to fear of reprisal. Following the next 12 months i became redundent and was relying on benefits to pay for the loan i advised them of this with no reply Fast forward to May of this year and i have been charged another 3 £12 late payment charges and a £200 admin fee and another £300 repossession charge as in the thread above There is currently £213 left to pay £3471 paid to date £884 in charges inclusive of above I have a copy of The bos Fixed sum loan agreement regulated by consumer credit act 1974 Pre contract form Hope that makes sense Thanks
  15. Hi DX I have had a good look through everything i have the bos appears to be okay. Can i do anything retrospectively with the bos if it hadnt been registered correctly with regards them having instructed collection of the veichle twice in the past. Also im not sure if this can have any bearing but i signed the agreement on the 31/08/2019 the company signed it on the 03/09/2019 the solicitor witnesed it on 02/09/2019 and the court stamped it on the 04/09/2019 Im just going theough everything and it seems a complete mess
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