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    • thank you.   i'm surprised to see no mention of repeated? charges of the repo fee of about £300 a time? how many times was this charged to the balance ? and any mention of the other unlawful fees?  did you not mention these in you complaint if any exist?   dx
    • 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 
    • god this is frustrating for you.   i'll ping @Andyorch p'haps he has an idea, not one of our past history strengths that i can find.   dx  
    • In 2015 I invested £45,200 in a SIPP operated by Guinness Mahon, which is linked to Dolphin, later German Property Group. GPG went into administration to Feb 2020. My SIPP was due to mature in April 2020.   I first took my claim to FSCS. They rejected my claim, I appealed and still got rejected. Their reason was that Wellington CFS signatures were involved in my pension transfer into the SIPP. This was a surprise to me.    I then emailed and called Wellington, several times, eventually receiving an email stating I did not exist in their records.   I then opened a case with FOS. My case has not yet been assigned a case handler.  From what I learned from others caught up in GPG. Wellington are stating their signatures were used fraudulently. Yet there is evidence of them taking fees.    If you want to read more there is a GPG creditors association Facebook site. You will find others on there in the same position. I did write to Wellington CFS and never got a reply.   If you call their Ireland number you get an answer machine. Their office in Devon, does pick up but this is just a receptionist, takes a message and alas no one gets back to you.   I also heard Wellington CFS is linked to Spain. I think the best outcome is that Wellington go into administration, at this point FSCS will be the last resort. 
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Dewars v Halifax


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Hi, I could do with some advice, ive got all my statements of halkifax and discovered that i was owed £3'222,77, so i sent them an LBA and they made me an offer of £1'200 which i refused as a full and final settlement but because i was working out of town and didnt have access to a pc i was unable to continue and this was back in october 2006 will i still be able to continue where i left off or do i have to start again?

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Is this for a Credit Card Dewers?

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Hi everyone think im getting the hang of things round here now so i hope im in the right area, anyway, i started my claim for unfair charges back in November 2006 for £3'222.00 but didnt carry it through as i had work out of town and havent had access to a pc. What do i do now, do i continue from where i left off or do i start the procedure all over again?

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Welcome to the site.What stage did you get to ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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2 threads merged.Try and keep your posts together.

 

You will need to reopen your complaint.If you are just claiming the amounts as before then send them a 14 day LBA with the schedule of charges.

If there are additional charges since then then you can add them to the Schedule and again send the LBA...taking into account the 5k threshold for small claims.

No online claims are being accepted at this time so you will need to file on an N1 laterin open court.

Take some time to read up on the developments since your last contacts including revised letters drafts and POCS which have been revised to take into account of developments in the past 12 months or so.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Sure you will find this in the banks temps library...N1 revised particulars of claim.This is further down the line for you but you can study it as you wait for a rsponse to your LBA.

It should be pointed out also that the waiver agreed between the OFT and the Banks as part of the test case..has given them extensions on deadlines to deal with complaints.Therefore its likely that Halifax will not reply within those 14 days.

However you should proceed and get your claim in ASAP.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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i've been round this site now for a few hours and Im still a little bit nervous and confused... how do i reopen the complaint and do i just send the revised LBA as i have had no contact with Halifax since i threatened to take them to court back in 06 plus i no longer have an account with them

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Hi Dewars

 

It can be daunting and confusing, as Martin said, send your Lba and an amended

schedule of charges, if any more charges need to be added, there is always someone

around to help just shout.

 

http://www.consumeractiongroup.co.uk...lates-library/

 

 

 

Tilly

 

 

A-Z Index

 

 

 

 

 

 

 

HOW NOT TO CLAIM...Click here!

 

HOW TO...DUMMIES GUIDE TO CAG...Read here

 

.please remember that any advice i give is purely my own experience or opinion thankyou

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thanks, i dont think i'll bother with any more charges i'd be happy to just get what they origionally owed me, so do i just send a new Lba with the origional schedule of charges?

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If you do have more charges, just add them on to the list. I know it can be a pain having to redo, but if you have the original spreadsheet saved on your com, it will auto update, then all you need to do is add the new ones onto the bottom. Or failing that, just write them on at the bottom of your original sheet. Seems a shame to miss any off, when you dont have to.

 

Then yes send them to Trinity Road.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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I dont have any more charges however the charges refer upto november 2006 and will i have to redo them because it would be going back 8 years and not 6

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I dont have any more charges however the charges refer upto november 2006 and will i have to redo them because it would be going back 8 years and not 6

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Dewers

 

In your new LBA refer to the older charges using the Limitation Act 1980

 

You shouls add something like this in your letter:

 

I believe also that due to the Concealment of the true costs charged by the Halifax, under s.32 (1)© Limitation Act 1980 the payments were conceded on the mistaken presumption that the said charges did not amount to penalties.

 

It's your money they have taken, get it all back.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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ok ive done the LBA along with your "qoutation" at the bottom of it and printed out the schedule of charges is there anything else i need to do before i seal the envelope and put it in post PS do i need to send it via recorded delivery?

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Not that i can think of, send it recorded other wise they may say they have never received it. Try and keep a paper trail when dealing with any financial institution.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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sugar!! one more thing, the address that all my other post went to was my branch address, do i still send it there or do i send it to another address?--sorry

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  • 3 weeks later...

HI Anyone, ive sent my LBA nearly two weeks ago and am a bit confused about the court claim can anyone help? I live in birmingham and am ready to proceed with a claim but not sure where to start can anyone point me in the right direction please?

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please help, the 14 days for the LBA is nearly up and im still struggling to find out what to do next i dont know what to look for regarding court details and fees etc have looked at templates etc but on the n1 form do i just fill it in then send it to my local courts with the fee(how much) im starting to lose my nerve a bit nowicon9.gif

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First thing is to stop worrying, we will help you.

 

Here are the forms you need to fill in...

 

N1 FORM

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html

 

POC FORM

http://www.consumeractiongroup.co.uk/forum/show-post/post-1066071.html

 

Fill these in, and make 3 copies of everything, as you need to send 3 to the county court

 

Have a good read, and if you get stuck, just ask. :D

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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ok ithink im getting the picture now.. ive filled in the N1 form but theres a piece in there that says "amount claimed "Court Fee "Solicitors costs" "Total amountin the bottom right of the first page do i leave this blank?

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Hi

 

 

 

Amount claimed xxxxxx this is the total you are claiming back

court fee xxxxx if you have paid a court fee,

solicitors - leave blank

 

Total of claim and court fee xxxxx

 

 

Tilly

 

 

A-Z Index

 

 

 

 

 

 

 

HOW NOT TO CLAIM...Click here!

 

HOW TO...DUMMIES GUIDE TO CAG...Read here

 

.please remember that any advice i give is purely my own experience or opinion thankyou

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