Here is a copy of a chat transcript this evening with Quick Quid;

QuickQuid: Thank you for contacting QuickQuid. I'd be happy to assist you with any questions you have. Before we start, can you please verify your full forename, surname and full date of birth?

Me: Hello, I am thinking of taking out a Quick Quid loan because I hear that it will improve my credit score. Is this true? Thanks

QuickQuid: I understand your concern and will gladly assist you.

QuickQuid: QuickQuid reports loan information to a UK credit bureau. If you repay your loan on time, this information will be reported and should have a positive affect on your credit. A missed and or late payment may have a negative affect on your credit. Please be advised that QuickQuid reports on the repayment of each loan that you take. If you repay multiple loans, there will be multiple entries on your credit report.

Here is a copy of the same with Pounds to Pocket;

Me: Hello there, I am not an existing customer. I am considering taking out a Pounds to Pocket loan as I've heard that it can help improve my credit file. Is that correct?

Pounds to Pocket: I am happy to assist you.

Pounds to Pocket: If you take out a loan from Pounds to Pocket and repay it on time, we will inform the credit bureau of your timely repayments, which should positively affect your credit score. However, if you do not repay on time, this could have a negative impact on your credit score.

Me: Thank you

I would have done a few others but they aren't online right now.....

don't thinky ou need to bother with any of this

 

the car was repo'd from private land

without perm

 

end off

 

dx

Hi Dx,

After some days of lengthy research etc, I totally agree with you.

She did VT the vehicle but the car was taken without consent on the day in that......they turned up. She was there but told the guy in no uncertain terms she didn't want the car to be taken, he said she didn't have any choice in the matter and she went off to call me.

When she got back the car was gone. This can be confirmed by a witness.

In addition their "collection report" is unsigned where the repo guy notes "nobody to sign".

So here is what the last letter to them said;

Vehicle repossession

Further to the disclosure of my information I am now in receipt of an unsigned Vehicle Inspection Report “the report” which is dated 15 June 2011, your letter to me dated 17 June 2011 which confirms that I agree to these damages is incorrect, in addition I challenged these charges on 27 June 2011, according to your system notes an entry was made by HOGANA on 28 June 2011, I did not ever receive a breakdown of these charges nor the opportunity to challenge them, I did not receive a response nor has one been provided through my recent disclosure.

On 20 July 2011 a comment was added to your system stating that I was disputing the abort fee, the comment is closed with an action to speak to Manheim (the collection agents), no further comments are added and no response was provided to me in relation to my dispute.

I am appalled to learn that on 15 September 2011 you reviewed the complaint mentioned above and a comment was added “reviewed complaint letter (scanned) damages remain and stated. Whether there was a mix up in collection I don’t feel we should be liable for the mistake and now the invoice has been paid. Closed”. No response was provided in relation to this review for the simple reason that the invoice has been paid.

It is clear that no thorough investigation was carried out relating to my complaint.

As previously stated I did not receive nor agree to the charges which were placed on the vehicle, nor do I accept the aborted collection fee for reasons outlined above, despite requesting this inspection report. I do agree to the damage to the wheel totalling £55.

On the day of the vehicles repossession I had sought advice about the termination and on arrival I advised the gentleman that I did not agree to the repossession because I felt pressured and that my financial circumstances were only for a short period of time, I believe that MotoNovo could have done more to assist me during these difficulties. I was advised by the collection agent that I had no choice and that the vehicle would be taken, I asked him to wait, I went back into my property to seek further advice, however on my return the vehicle had been repossessed.

This is why the remark states “nobody to sign”, I did not agree to the repossession at any time.

I felt at all times that I did not have a choice but to have the vehicle repossessed.

Their response is that although the report was unisgned this doesn't make it invalid. They've now offered £200 but only for the error of the incorrect default amount on credit file. Although this was raised with them months ago, to date it remains unchanged on credit file.

Is the next step LBA re unlawful repo?

Does anyone have any POC for this?

Today I've discovered that a "Pounds to Pocket" loan has been classed differently recently on Call Credit as an "unsecured loan" rather than an "advance against income" which would have a positive impact so it does depend on what the type of borrowing has been classed as on each entry of the credit file.

Actually, my question now is.....who categorises the loan with the Credit Reference Agencies? The lender directly? Do they decide its an "unsecured loan" or a "pay day loan" or an "advance against income", because if so how can they claim it could ever be positive if its the latter two?

I'm looking to issue a BCOBs claim against Lloyds, I've used the spreadsheets, as far as I'm concerned they're fine to use.

How are you bringing a claim for charges from 2002 though? When the rules didn't come in till much later? Is it because they continued to take charges from the point when rules came in?

NB: All of the charges being claimed are before BCOB came in but I'd want to argue that they continued to levy charges and interest after 1 Nov 2009 and that's the cause of action. Does that make sense?

Today I've discovered that a "Pounds to Pocket" loan has been classed differently recently on Call Credit as an "unsecured loan" rather than an "advance against income" which would have a positive impact so it does depend on what the type of borrowing has been classed as on each entry of the credit file.

Breach of Statutory Duty

The defendant is a firm regulated by the FSA under the Financial Service and Markets Act 2000 and as such is subject to the Banking:Conduct of Business Regulations (BCOB) 2009 which requires inter alia that firms treat their customers fairly (R.5.1.1).

 

The claimant is a consumer as defined in the FSA Sourcebook

 

From the [XXXDATE] to [XXXdate] the defendant supplied current account services to the claimant - account reference number [XXXXXXXXX]

 

In breach of their statutory duty to the claimant, the defendant acted unfairly in that they throughout a period of financial difficulty continued to levy excessive charges and interest from the Claimant with no regard to the Claimants financial difficulty.

 

Description of Unfairness

 

The defendant's treatment of the claimant was unfair, not least because:-

 

The claimant has held an account with the defendant for XX years

The charges and interest levied from the account added substantially to a period of financial difficulty

The charges levied from the account total £838 and were levied throughout a short period of time during which the Claimant faced financial difficulty.

The Defendant marked the Claimants credit file in default on 24 December 2010 despite the Defendant alleging that a breach occurred a significant amount of time before, making the default marker inaccurate and unfair due to the added amount of time it will be present on the Claimants credit file.

 

And the claimant claims £838 compensation for actual loss plus interest pursuant to s.69 County Courts Act 1984. Total £1249.59

 

 

I believe that the fact laid out in this particulars of claim are true

Here are the amended version, most of the detail I hope is stripped out.

Where do I add about unfair relationship?

Cheers

Here you go orfoster.. apparently less is more, so you need to pare it down

Thanks both.

I am rewriting now (I have also found a template on the site here too http://www.consumeractiongroup.co.uk/forum/content.php?833-BCOBS-particulars-of-claim-template).

You mention unfair relationship, how is that claimed? Under BCOBs?

orfoster, I will flag your post for site team to comment on.

Thanks, no one has been in yet but I'm sure they will be.

Its just a first draft to see if I'm on the right track.

Hello all,

Just to report that I have discovered that Vivus have added a default on my credit file very recently despite my account being settled on time in Feb and being marked as such.

They've added another entry with a big fat default!

I've contacted them about it.....what compensation is sought for incorrectly issuing a default where the lender does not have the permission of the debtor to process their info?

I posted a copy of my complaint to Wonga today by 1st class post, you know, just in case they missed the e-mail........

My point with Mr Lender is that they seem to be hiding away from the fact that they are the Data Owner and to raise a dispute with Call Credit who will contact them....making me jump through hoops. *thinks should have claimed compensation*.

Ironically tonight I have just spotted that in June Vivus applied a "default" marker despite me paying a loan back in Feb....I've claimed £500 compensation from them due to the mistake, wonder if that's too little or too big.

I've had a total of 6 PDL's in the last 12 months, I took them literally because I was trying to improve my rubbish credit file and I won't allow it that they have misled me (and thousands of others).

Here is what I have drafted so far (any good?)

My issue is that the charges I am claiming for are pre-BCOB but some charges they have only recently refunded in April 13 have caused me to bring the claim for the lot, how can I get this in?

1. The Claimant has a Lloyds TSB Current Account: edited Sort Code: edited "the Account") with the Defendant. Which was opened on or around April 2006

2. The Accounts are governed by the Defendant’s Personal Banking Terms and Conditions (“the contract”)

3. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied.

4. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

5. A list of the charges applied is attached to these particulars of claim “the Schedule”.

 

6. The defendant is statutorily bound by Financial Conduct Authority regulations – Banking Conduct of Business rules (BCOB) contained in the FCA Handbook, implemented under the Financial Services and Markets Act 2000 “the regulations”.

7. The Claimant thus contends that:

a) During the period of 1 April 2008 – 1 August 2008 the Defendant levied £586+, the Claimant claims that these charges are excessive and unfair in accordance with BCOB 5.1.1 “A firm must provide a service in relation to a retail banking service which is prompt, efficient and fair to a banking customer”.

b) The Claimant claims that the Defendant significantly added to a period of financial difficulty.

c) The Claimant advised the Defendant in April 2007 that these charges were unfair, the Defendant subsequently marked its records showing the Claimant as “hardship”.

d) BCOB 5.1.4 further states “Principle 6 requires a firm to pay due regard to the interests of its customers and to treat them fairly. In particular, a firm should deal fairly with a banking customer whom it has reason to believe is in financial difficulty”.

e) The Claimant claims that the Defendant had reason to believe the Claimant was in financial difficulty by the excessive charges levied during (a) and prior banking records marked as ©.

8. The Claimant entered a Debt Management Plan in August 2009 in order to manage the financial difficulties the Claimant was facing.

9. During this period the Defendant continued to levy charges and apply interest.

10. In April 2013 the Claimant complained to the Defendant about the fairness of the charges applied during difficulties.

11. The Defendant agreed to refund charges applied from the period of August 2009 to present date.

I have an identical complaint in with Wonga. Its been in a couple of days now, I will of course let you know the outcome.

WON! One down!!!!!

We would like to refer you to our previous email, we do state that by repaying your loan in full on the agreed date that it may improve your credit report, this is not guaranteed.

 

 

 

We will agree to remove the footprint from your credit report however, you will need to contact Callcredit regarding any amendments that you would like made on your credit report, they will in turn contact us.

 

 

 

Should you wish to find out more information regarding improving your credit report, we would advise that you contact a credit reference agency.

Whoop Whoop!

I shall have a stab at it later on. Cheers

Do we have any BCOBs POC's for charges anywhere?

Hi Steampowered,

Well hopefully they will uphold this one, to be honest, the compensation isn't what I'm looking for it means more to me that they remove the arrears from credit file and remove my ex from the mortgage given the only thing holding us up was the mortgage arrears.

I don't know if they will but hey you don't ask you don't get.

They responded to my LBA today, despite asking for disclosure of documents they've just responded saying "you've exhausted complaints procedure we won't respond further".

I guess its over to the FOS now, they've had the complaint a week. The thing is I don't mind the FOS looking at it (despite me wanting it sorted asap) as long as they actually look at it properly.

Oli

Have updated final draft....off it goes!

If you get one set up please move my thread into it.....http://www.consumeractiongroup.co.uk/forum/showthread.php?392530-MCOB-claim-Incorrect-advice-Fairness

Thanks.

Oli

Here is my draft response;

Dear Jessica,

 

Thank you for your response.

 

You have not addressed the issue in my complaint.

 

You have advised me in your response on 31 July that if I repay my loan on time that this would have a positive impact to my credit file, however, I am finding that although I repaid my loan on time I have received financial advice that a mainstream mortgage lender would not lend to me on the basis that I have had a pay day loan with Mr Lender, this is clearly contrary to your advertisements and your response to my complaint.

 

This is not how you advertise your loans, you clearly state (and have done so in your previous response) that by having one of your loans and repaying it on time won't have a negative impact on how other lenders would view my credit worthiness.

 

I require that you remove all information provided to Credit Reference Agencies relating to Mr Lender, if you fail to do so I am clear that you have mis-sold me a loan on the basis of your adverts which was the sole reason I took a loan with Mr Lender. If you fail to respond positively in this matter I will in addition seek compensation for the damage and distress caused.

 

In addition, you continue to refer me to Callcredit if I require anything amending on my credit file, Callcredit is a Credit Reference Agency, they do not have responsibility for the data held, that responsibility rests with you as the data controller.

 

If you do not agree please provide me by return and in detail the circumstances in which having a loan with yourselves would improve my credit file as you have not answered this point in previous complaints.

 

I look forward to your response.

 

Kind regards

My reply to their response;

Thank you for your prompt response.

 

 

 

I understand your points below but remain dissatisfied as it is not the case that a PayDay loan will affect a credit file in a positive way in any circumstance, Credit Reference Agencies for some time have been categorising Pay Day Loans differently to those from mainstream lenders - many mainstream lenders are reporting that by taking a Pay Day Loan it appears that borrowers are desperate by taking advances towards their income and therefore this is having a negative impact.

 

 

 

I took a decision to borrow from Mr Lender solely on the basis of your adverts that by taking a PDL it would improve my credit file, it has not.

 

 

 

At no time was I advised that taking a loan from Mr Lender would cause this to occur, infact I was advised that taking a loan would improve my credit worthiness as long as I repay on time (as your below e-mail suggests).

 

 

 

While there has been no negative marks registered by Mr Lender the loan itself has had a negative impact on my credit status due to it being categorised as (PayDayLoan) on my credit file.

 

 

 

Given that I received information from Mr Lender that was incorrect I have now suffered a detrmient.

 

 

 

In addition it is not the responsibility of Call Credit to challenge you as the Data Controller on my behalf, issues relating to the data accuracy would be resolved with us directly.

 

 

 

I require that given the above that all information is fully removed from my credit file in relation to the Mr Lender loan, failure to remove the information will result in a claim for compensation due to the damage caused based on receiving inaccurate advice.

 

 

 

I look forward to your response.

Their e-mail back to me today.....

Thank you of your response, It is not a guarantee that a pay day loan with Mr Lender will improve your credit report. All important information will be provided upon application of a loan with Mr Lender to enable our customers to make an informed decision.

 

 

 

If you would like any amendments made to your credit report your should contact Callcredit on the details below;

Here is what my mortgage advisor has told me;

After making some initial enquires I would say that based just on the pay day loans alone we would not be able to find a lender that would consider an application at this stage, one or two of these in the min last 12 months is enough for lenders to decline. I would suggest that we would need to wait a minimum of 12 months since the last one before a lender would consider an application.

Their first response above strongly suggests having their loan would have a positive impact. It seems widespread that this isn't the case.

Raised complaints with both Wonga and Mr Lender here is my response from Mr Lender;

Thank you for your email.

 

 

 

A pay day loan from Mr lender will affect your credit file in either a positive or negative way. When you repay a loan, we will update your credit history with confirmation that you have settled your debt which may make you more desirable lending proposition to other lending institutions. If however you do not pay back a loan to Mr Lender, we will show this on your credit history making it more difficult for you to obtain credit in the future.

 

 

 

After reviewing your archived account we can confirm that you successfully applied for a loan on the 26th October 2012 for the amount of £100.00, £30.00 interest applicable.

 

 

 

Repayment of your loan was received on your due date the 15th November 2012 therefore the loan was paid in full and the account was closed.

 

 

 

As the loan was paid in full on the agreed due date there should be no negative marks made on your credit file by Mr Lender. If this is the case we would advise that you contact Callcredit who will in turn contact us should any amendments to your credit file need to be made.

 

 

 

https://www.callcredit.co.uk/stat-report-online/

 

 

 

Kind regards,

Think they've missed the point!

Complaint lodged with Wonga by e-mail just now.....lets wait and see!

Hello all,

Lets say that the FOS don't uphold my complaint (just because I have no faith).

I just want to understand my legal options, can I bring court action in breach of MCOB rules? Or would I bring a breach of contract claim? How would you sue for receiving incorrect mortgage advice and unfair treatment? Which legal avenues would apply?

Cheers

Oli

Ok, I did send something along the lines of a BCOBs complaint a while ago and they just ignored it because they sent their final response.

The complaints in with the FOS now and is going up to an Ombudsman.

If it doesn't go forward what options for court action do I have? I've heard and didn't quite understand about BCOBs that you can't take court action around them directly?