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    • Well send off the letter of claim when you're ready. There's really no need to hang around. In terms of the particulars of claim – you don't need to send anything extra. Do not click any boxes.   I wasn't aware that you actually had to calculate the daily rate of interest. I'm giving a shout to my site team colleague @Andyorch
    • By the way, is there a telephone number for the mystery handset? Have you tried calling it?
    • Who made the complaint to the ICO? Did we recommend it? An uncharitable side of me wonders whether they aren't considering erasing all data in order to get rid of evidence of their bungling. Have you checked your credit file? I think you need to make sure the get copies of everything you can from anywhere just in case various records get cleaned up. I think should set about that straightaway although it's a nuisance. Keep a note of the time you spend doing it. Are you sure that the problems with Vodafone and also with Three were caused by your blighted credit file – blighted by virgin? Can we take it that your credit file before this was clear? I think it could be an idea to send an SAR to Vodafone and also to Three to see if they have any reference to the problem setting up your account with them and that those problems might have been caused by virgin. Your credit file also might show searches by Vodafone and also by Three. If there's anything else you can think of – then try to get the information.  
    • No they are not entitled to see payslips. Only if this ever went to Court and it was part of the Court process would this be required. So the information you provide needs to be accurate, in the remote possibility that your information is passed to a DCA who uses it in Court in the future.   Just enter all information onto your income/expenses sheet in Pounds Sterling.        
    • Hi, I am drafting the pro-rata letters and putting a income expenditure sheet together. One question, as I am overseas the expenditure currency is different to the debts. Are they entitled to see pay slips (also in anther currency which isnt indicated on the slips)?
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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Hi - havent been here for a while although still struggling !!

 

I wonder if anyone can help with an issue I have with Lending Stream

I recently changed my bank details and for some reason this info was delayed getting to Lending Stream and consequently resulted in me missing a payment of 85.40 + 12.00 fees - they called me and I setup a payment plan - giving them all my new details - I was asked if I could meke the missed paymen first and told them it would leave me a bit short - hence the above payment plan was put in place to start 30 th October (my payday) - I logged in to my bank account the next day only to find a payment of the said ammount 97.40 was taken? - I called them as RBS couldnt reverse the payment (another long story?) an agent from Lending Stream then said I will send an email to their manager as she admitted in not suppressing their automated system after setting up the payment plan and told me the money would be reversed and in my account by COB today - I checked and its not?

 

Any ideas where I should take this now?

 

All ideas most appreciated - thanks

 

Zelig33

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Appreciate your reply Jamie - but they took money because I gave them my card details to pay off my debts - but they took it 2 weeks earlier than they should have done? and guess what? - they did reverse and pay me back - unfortunately to my old bank account which is no longer in existance !! - guess another phone call on Monday from me then !!!

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Jamie - strangely enough they did send me the money back .....but to an old account of mine with A/L - Santander which is in dispute with FSA and is already overdrawn - so they made me slightly less overdrawn now? - Santander say they cannot send the money back? and Lending Stream say they cannot take it as i never gave them my new details (bank account-sort code) even though they took the money originally from the card attached to the account.?

 

Any ideas?

 

Ta

 

Zelig33

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Write a letter to them stating this has now made you financially disadvantage, they KNEW your detals and they KNEW you had changed, they DO have the capabilities of doing this properly, so as a consequence you now have to lower your payments to them.

 

Report Lendingstream to the Office of Fair Trading, Trading Standards and the Ministry of Justice for this, they are just making life even more difficult than it should be for you.

 

Don't forget to copy your bank in with the letter (old and new) and your local MP... they might be able to help here.

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Zelig, try what sillygirl says, i would perhaps try and negotiate, telling them the truth of the situation and seeing where it gets you, you can kind of "threaten" to default unless you have the situation dealt with to your satisfaction but i wouldnt be too blunt about it...

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Sillygirl/Jamie thanks both for your advice - I have just had the Collection Dept call me and say they have listened to my original call and nowhere did I mention my new bank details only my card details - this is why they sent the payment to the other bank as this was the only bank details they held? - even though they took a payment from my new account 4th October?

 

I have "composed" a letter to their Complaints dept - but as I am very short cashwise - I will have to find out if my job is in jeopary as petrol costs are going to eat into my housekeeping??

 

Thanks Again

 

Zelig33

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  • 4 weeks later...

Hi Zelig33 - would you be able to let me know how you got on with Lendingstream - any update since your last post on 18th Oct please?

I have two accounts with them, which I have offered to clear over the next two months. After some messing about I got an email today accepting my payment plan along with bank details to make the payment - the concern I have is whether they will still seek to use my debit card or set up direct debits etc etc - any advice would be much appreciated.

Thanks

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Sorry for the delay- been away - I wouldnt let them have any access to your Bank Card at all - this is where I went wrong- ask them to accept cheque or PO - the more access they have to your details the easier it is for them to take money - they are a pretty unscrupulous bunch !!

Zelig33

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Hi zelig33 - thanks for the advice. I have reviewed other people's posts about payday loan companies (in general as well as specifically lending stream). I changed my debit card and withdrew (in writing) any continuous payment authority consent that I may have given to them when I signed up to their terms. Having read horror stories about how some payday companies set up direct debits without consent I am still a little concerned, but I do have their agreement in writing, so I hope they will keep their end of the bargain. I know they cannot use my debit card now as all the details on that, including the security code etc changed. I will post back whatever happens

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The ONLY way to stop them 'appropriating' your income/funds is to have an alternative bank account for the income, and transfer any money from there into the one you pay from. Sadly the banks take the attitude 'the money is owed therefore it must be paid' which whilst technically is true morally stinks.

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Sadly I became a victim of Payday loans when I lost my job ...it was the only way I could make ends meet - at one stage I had 4 Payday loans with various companies and I defaulted on all 4 - I think I took out around 400.00 and would have had to payback around 1200.00 until I contacted Citizens Advice who made arrangements with all 4 to pay back minumum of 50.00 a month. 1 company agreed on a final settlement of 80.00 for a debt of 180.00! but am still paying back the others (from a seperate back account to my current one) - Hard lesson to learn but I would advise everyone never to take these loans out if you can. I beleive one of the companies APR was 2500% !! - Nice lot arent they??

 

Incidentally regarding my original post Lending Stream have never accepted they were in the wrong and actually dont answer my emails or phone calls now !!

 

tripinit - Hope everything works out for you..

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hi zelig,

 

who have you spoken to to set up a plan with lending stream as the people i speak to can not do anything,

 

cheers

 

 

Hi I wrote a letter to their address - do not call them !!

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