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    • Served on 16 Feb.   On reviewing the MCOL website today for an updated, I noticed that 1) Hermes has aknowledged the claim, but not yet filed a defence, and 2) that I there was a glitch / error on the form. Essentially, it looks like I had accidentally left the "I will send detailed particulars of claim" box ticke (I thought I had unticked it), with the result that the claim section has been truncated, and some extra text has automatcially been added - in red below):   "...Claimant seeks £XXX, plus I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of..."   This is obviously not ideal. Is it better to try to amend the claim somehow, or to just submit a brief POC that a) clarifies that I am seeking £XXX plus costs (which was automatically truncated), and b) sets out my calculation of the £XXX?  
    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
    • The car finance firm, owned by Provident Financial, voluntarily handed the money to all 5,933 customers potentially affected by the breaches, which occurred between April 1, 2014 and October 4, 2017. It was also fined £2.77m by the Financial Conduct Authority for the way it behaved. The FCA said Moneybarn's actions meant more than 1,400 customers, many of whom were vulnerable, defaulted on their loans after entering into 'unsustainable short-term repayment plans'. This meant that they were punished with extra fees and charges, which many could not afford. https://www.dailymail.co.uk/money/markets/article-8013573/Moneybarn-pays-30m-customers-failing-treat-fairly.html   dx  
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Tawnyowl

New payday loan survival guide by mike dailly-govan law centre./ correct at 22.09.2015

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Thanks for your post.all I want is them to accept my repayment plan I don't care about a default on my credit file iv had 1 nervous breakdown and don't want another 1.not sure what to do or what to write to them as they(CFO lending and Mr lender)won't accept my repayment offer

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Hi robo0708

Sorry about your breakdown,are you now fully recovered

Right-You say they will not accept your repayment offer.How did you send this to them.

Was it a budget sheet, and a letter,or email.,telling them your income and expenditure,and offered what was left. or on the phone.

Have you cancelled any CPAs at the bank.

If you are on benefits,i feel for now a token payment is all you could afford.

However if you feel you want to go down the misselling route,read this carefully,see what you think

As you say Quote

"Also they processed my loan without proper credit checks"End quote.

Affordability etc.

http://www.govanlc.com/PaydayLoanSurvivalGuide.pdf

Tawnyowl.

Edited by tawnyowl

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So sorry about your breakdown, I've just rooted out the email address and phone number of the O.F.T. hopefully they will be able to constructively advise/help on how to legalise an agreement therefore giving peace of mind. Also, if you have borrowed any money say from a friend or relative, get them to write a letter stating this, and this will be included in all your outgoings, keeping repayments to something manageable. They do need reporting to the O.F.T. for improper checks...it's the kind of complaint that helps close bad lenders down, if you are up to contacting them. Hope this helps.

 

For general enquiries and guidance on the work of OFT, phone 08457 22 44 99 begin_of_the_skype_highlighting numbers_button_skype_logo.png08457 22 44 99 FREE end_of_the_skype_highlighting or email enquiries@oft.gsi.gov.uk.

Edited by citizenB

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Daisy, I will start a new thread for you, so any responses do not get muddled on this particular thread. I will pop a link in a message to you and also post in on this thread.

Edited by citizenB

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Friday, 20 December 2013 Govanhill success for GLC's Payday Loan Survival Guide as relaunched with Glasgow University's Student Representative Council

 

listen_en_uk.gif

PDLSGimage.JPGGovan Law Centre's (GLC) Payday Loan Survival Guide has been redesigned and relaunched with the support of Glasgow University's Student Representative Council (GUSRC). You can download the new GLC 'Breaking free from payday loan debt' leaflet here.

 

Working in partnership with GUSRC, we have also launched a separate Glasgow student version of the guide, which is available from GUSRC on Glasgow University's campus at the John McIntyre Building.

 

The guide has been used to help empower citizens to regain control of their finances and challenge unfair charges and interest whereever possible. Govanhill Law Centre (GhLC) solicitor, Rachel Moon, recently used the legal arguments in the guide to secure a fantastic outcome for a client in Glasgow's Govanhill.

RachelMoon.jpg GhLC's Rachel Moon, Solicitor GhLC's Rachel Moon said: "Wonga currently have an advert showing the 'real life' stories of people who use Wonga, however the stories do not correspond with our experience with this pay day loan company and others.

 

Our client was hospitalised and off work and as a result receiving only statutory sick pay. Our client took out pay day loans as she was struggling to maintain her court agreed rent payment arrangement. These loans were continually rolled over incurring the additional fees and costs in addition to the high rates of interest. The money was taken directly from her account leaving her with little or no money to buy food and other necessities and certainly no money to pay her rent.

 

We made a complaint on behalf of our client to the 23 pay day loan companies who had given her credit in a matter of minutes. This was on the basis that the companies had not undertaken proper creditworthy assessments under the Consumer Credit Act 1974, as they are required to do and that the loans should be written off as a result. We argued that it should have been apparent from the assessment carried out that the loan was not suitable or affordable for our client.

 

wonga_2384781b.jpg Payday loans aren't cuddly or cheap We have had some success and a number of the companies have confirmed that they will write off the debt in its entirety; other companies have advised that no further interest will be added to the outstanding amounts and would offer a settlement figure of capital alone. During this process, it was discovered that an administration fee was incurred when our client went through a broker website. When requested to do so, these have all been repaid within a number of days".

 

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