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orfoster

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Everything posted by orfoster

  1. Hi, Just a note to say I am going to meet with the FCA at their Head Office next week following an e-mail exchange with someone senior in the FCA about this entire thread and the FCA's investigation. What I will say is there are some public research documents that support PDLs mislead customers about impact on Credit Rating. I will let people know how I get on.
  2. I'm off to meet the FCA about their enforcement activity around misleading adverts of Pay Day Lenders next week.
  3. So far I've compiled documents from the OFT which talk about misleading advertising.
  4. This is a very interesting question. I do have the option to refer it to the ICO but they'll say its factually correct, I'm not sure they'll give a monkey's about the misleading assertion of improving chances of credit. What I really want is to take a claim against them!
  5. Yeah they came back and said its a legal CCA matter so didn't think it was relevant for them.
  6. The thing is I'm so reluctant to do that, I have no faith whatsoever in the FOS. If I do that and the FOS rule against me again I'm stumped for court action...
  7. Also see the latest release about the issue here http://www.fca.org.uk/news/consumer-credit-firms-must-raise-advertising-standards This specifically talks about the issue!! I wonder what action the FCA is taking? I had a no go from the FOS, I guess I can't take my complaint back to them based on new info around misleading advertising. I've reported the ad's to the FCA but they won't let me know the outcome....interestingly all PDL's seem to have taken down the ad's around the offer of helping improve your credit ratings!! What legal redress do we have for this? That's the million $ question!
  8. Hi, Just to let you know (I forgot), I had an outcome email from the ASA on this which said... Is this right? Where in the CCA?
  9. Morning, So I emailed the FOS this morning in order to get a copy of my file they hold as I'd like to see what they did with a complaint I had, here's the reply I got just now. Should you wish to make a subject access request, please contact us with the following: Is it just me or are they saying I can have a copy but I can't??! I might just pay the £10 for the laugh of seeing what I get.....maybe I should go back to bed!
  10. What I've done is complain to Experian asking for information as to what happened. Once I'm forearmed we will challenge it fully. Thanks
  11. I've served a s10 notice on Wonga and am in correspondence with their legal dept via their CEO who I emailed about this. Do not go to FOS as they are an absolute waste of time and don't uphold the complaints on the issue. See the FOS outcome register to see how they treat these sorts of complaints. The new CONC FCA rules will give reason to take action or in my view the DPA. I've now had 5 PDL's (not for me unfortunately) remove credit footprint in full they include; Mr Lender, Pounds to Pocket, Quickquid and Vivus. Cheers
  12. Good evening everyone, Just had a catch up with my Dad who I haven't seen for two years. Which was nice.... Towards the end of the evening, he pulls an e-mail out of his pocket from a loan broker, he says that he's been declined a loan because of me. I looked at him a bit puzzled. On the e-mail shows a number of pay day loans I had in 2012 in my name which he obtained from Experian!!! I was so embarrassed. Surely its a DPA breach if a) he's been linked to me and b) he's been provided with my loan history too!! So I've logged into Experian, there is no record of any search on my credit file in March or April this year at all....so how did that happen? He's not linked to me at all on there. Although his first name is the same as my middle name and part of my last name is his surname. Does anyone have any views on this?
  13. My advice....don't go to the FOS, they're a waste of space. Simply referred to the terms and conditions and weren't interested in the way in which it was advertised at all. Not sure of a way forward if I'm honest but I'm willing to challenge them!
  14. No idea now really. Bit stumped to find BCOBS doesn't apply which was gonna be part of my argument. Hearing is on Friday
  15. I did put in an offer ages ago lets hope they do offer at last minute because I've just researched and I don't think BCOBs applies to bank charges. It looks like it kinda only has limited scope..... ''BCOBS does not contain rules on the level of prices. However, it does require firms to provide information to consumers on interest rates and charges.'' http://www.fsa.gov.uk/Pages/Doing/Re..._a/index.shtml ''BCOBS will not cover all retail banking products and, for example, overdrafts and credit cards will fall outside the scope of BCOBS and continue to be regulated by the OFT.'' http://fwarchive.ifslearning.ac.uk/f...Lunn/16987.cfm
  16. What about Misrepresentation Act 1967 http://www.legislation.gov.uk/ukpga/1967/7 Or Unfair Contract Terms Act 1977 http://www.legislation.gov.uk/ukpga/1977/50 Sales of Goods and Services Act?
  17. Hello, I don't have a PDL now, haven't had one for 12 months or so. My concern is the impact these loans have on ones credit file when it comes to getting a mortgage. In that they make assertions on their website that their loans can improve credit ratings. A statement which isn't true and misleads people about the accurate impact of their products. What I want to do is bring action against them for advertising in a misleading way.....what I'm trying to work out is, what legislation do I have available to me for an organisation making a misleading statement that led to a transaction/contract??? Anyone.......
  18. Hello Silly Girl. How do I do that? Could you point me to a thread? Do you mean it would be easier to challenge under that argument as a strategy and deal with the issue of CRA reporting as part of a possible settlement negotiation?
  19. Hello fellow CAG'ers I have an upcoming hearing on 24th Feb for credit card charges claim against Lloyds. Full bundles exchanged etc and I'm prepared to go to court but I just wondered does anyone know if Lloyds usually settle before hearing or more recently are they the sort to not turn up/defend? Cheers O
  20. Ok I've heard back from the Ombudsman re Wonga & MEM - both not upheld. What I'd quite like to look at now is what options there are for legal recourse, it would seem the The Consumer Credit (Advertisements) Regulations 2010 aren't of any help in this situation. What other case law or legislation could be relevant? Something to do with making a misleading statement that led someone to enter into a contract........
  21. I've emailed Mr Chan and had a very prompt and positive response. Look up ceoemail.com. Remember most of these companies have Executive Complaints Departments that actually do look at your complaint and respond. I reported errors with credit file. They gave me £100 and dealt with the issue. I didn't ask for any compensation!
  22. Thanks everyone. Citizen, ohhhh how do I do that? Sorry I mean procedurally. What are your thoughts on a response? Its the same case officer but I'm not reading too much into it and certainly not calling.
  23. Its so funny though, in their covering letters they keep on encouraging me to call them if I have any questions.....I think its them that must have questions, they've entirely misunderstood my claim! Funnily enough they haven't made that offer on any of my Credit Card claim letters, only relating to this claim is an "offer to discuss the matter".
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