Pay Day Loans - damage to your future credit rating

[orfoster]

GREAT!

I think this http://www.adviceguide.org.uk/england/debt_e/debt_borrowing_money_e/debt_types_of_borrowing_e/debt_loans_e/debt_payday_loans_e/pay_day_loans.htm. Is an excellent survey and basically gives you the option to get a call back from the FOS, it was really quick for me, next working days.

[citizenB]

thanks for that link, I will pop it on the stikky thread

[bpm]

I have also 13 payday loans reported on my Experian credit file from Wonga. I need help to resolve this. Can you send me letter templates or anything to complaint.

[BRIGADIER2JCS]

I have also 13 payday loans reported on my Experian credit file from Wonga. I need help to resolve this. Can you send me letter templates or anything to complaint.

 

I'm afraid if you had the loans, paid off or not they will remain on file for 6 years from the default or 6 years from being paid off.

[citizenB]

I have also 13 payday loans reported on my Experian credit file from Wonga. I need help to resolve this. Can you send me letter templates or anything to complaint.

 

Have a read of orforsters' posts in this thread, as you can see, he has had some success in getting some of these removed from his CR files. Are these just reports that you have had the loans and repaid them on time or have they been defaulted ?

 

If they have been defaulted then I think you probably wont have any success - if however, they were repaid on time and you were misled into believing that taking the loans and repaying them on time would help repair your credit history then you might get lucky.

[bpm]

They are all paid and satisfied. I have now 13 wonga accounts showing on my credit file. i was mislead that they will improve my credit rating. I would like to remove them as it is viewed negatively by most of lenders.

[BRIGADIER2JCS]

The only way is to request a 'gesture of goodwill' from the lender.

 

Explain that these entries are not 'improving' your credit profile as stated in their publicity.

[orfoster]

Hello everyone,

 

I need your advice in relation to my challenges on this thread.

 

So, as you know I have referred Wonga (among others) to the FOS for their incorrect publicity.

 

Today I had a call from the FOS and an e-mail.

 

They have asked me to provide information to show the loan was causing me damage (can provide) plus a copy of my credit report (and score?) for both before and after my Wonga loans to show if Wonga is the only thing stopping me getting credit.

 

My view (please comment) is that my credit report is irrelevant as the nature of the complaint centres around the fact that Wonga advertise (a) but in reality it is (b) and I have it in writing that my PDL's are causing the issue. So on those grounds I want to tell the FOS I am not providing all of the information and explaining why. What do people think?

 

Ok my credit report isn't amazing which is something I am working on because there are inaccuracies on there but I believe sharing it will cloud the issue with the FOS about the matter at hand here.

 

Cheers

 

Orfoster

[citizenB]

Does it look as though the FOS are trying to minimise the damage Wonga caused by saying you have other credit recorded ? If you have it in writing that the damage is being caused by the reporting of the Wonga loans, I would have thought that was sufficient !

[sillygirl1]

I would let them have the credit reports, I can see why you are reluctant but at the end of the day they are becoming more pro-active and the more POSITIVE proof that this company is a bunch of (insert whichever slang term for bad companies you want) the better.

 

Credit reports can also provide the evidence of the 'footprint' these companies leave behind them (if any) and whether or not they actually HAVE credit checked you properly (rather than simply looking to see if you exist on their files).

 

Give it to the FOS so they can get Wonga with real evidence rather than the mis-interpreted stuff you can find on other internet forums.

[orfoster]

Thanks both, my concern is how the FOS spoke to me yesterday, I have little faith in them because of other issues I've raised to them. She told me that essentially if I had any other negative info on my file then it would negate anything Wonga did. Well my view is that I have evidence from a financial advisor who has explored all lenders who have said based only on my PDL they wouldn't lend, I do think if I send my credit report because it clouds the issue.

 

From my experience if I don't send she will assess based on what I do send and I'll have the opportunity to feedback to the adjudicator in which case I could provide it then if it has a substantial impact on the assessment. That's my thoughts this morning.

[citizenB]

 

She told me that essentially if I had any other negative info on my

file then it would negate anything Wonga did.

 

I am not sure this is strictly true. I guess it would all depend on how your score looked if the Wonga information wasn't on there.

[sillygirl1]

This is why they are asking for the 'before and after' reports. I think you have been asking the wrong question here - Wonga said that by borrowing from them it would improve your credit score - end of. That is the key issue.

 

If you can demonstrate that by borrowing from Wonga you HAVE been refused credit (ie a mortgage or other SUBSTANTIAL credit, ie personal loan over £2,000) then you have a solid case against them.

 

If you have been turned down for a mobile phone AFTER borrowing from Wonga, despite having had a contract BEFORE this time then you have them.

 

This is the sort of solid evidence the FOS need. You really have to spoon-feed them this information, rather than ask them questions they cannot answer without weighing up the real proven evidence.

[orfoster]

Hello,

This is interesting here http://www.asa.org.uk/News-resources/Media-Centre/2013/Payday-loan-ads-in-the-news.aspx.

 

I am considering making a complaint to them and see what the response is.....

[citizenB]

Mortgage Lenders Hate Pay Day Loans.

 

 

 

 

They may be a quick fix when you're in a sticky situation, but taking out a payday loan could wreck your chances of getting on the housing ladder, a leading mortgage broker has warned.

 

 

The rising number of mortgage applications, fuelled by Government-backed schemes like Help to Buy, is leading to an increase in people being turned down by lenders because they have previously taken out a payday loan.

 

 

Read more: http://www.thisismoney.co.uk/money/mortgageshome/article-2480360/How-payday-loan-ruin-chances-buying-home.html#ixzz2ljwymX9i

 

 

http://www.thisismoney.co.uk/money/mortgageshome/article-2480360/How-payday-loan-ruin-chances-buying-home.html

[citizenB]

I have just stumbled across this little piece of information as well..

 

 

Open and closed accounts

 

Open and closed accounts will both appear on your credit report, except negative, closed accounts that are older than seven years. Accounts that were closed in good standing may stay on your credit report about ten years after the account has been closed.

 

 

 

http://credit.about.com/od/creditreportscoring/tp/information-on-credit-report.htm

 

 

 

So you take out a Pay Day loan and repay it on time.. and it will have more damage to your credit file than a loan you defaulted on !!

[BRIGADIER2JCS]

How true it has been seen that mortgage lenders may reject applications just because of a credit search made by a PDLC.

[sillygirl1]

I think the CRAs are not fit for purpose now, they have a ton of junk on my files, and insist on me providing previous address proof, despite the fact I have been in this flat for five years.

 

The payday loan market has had its heyday (hopefully) and hopefully the new regulator will close down the firms who continue to misbehave and raid peoples bank accounts, send threatening texts and leave messages on work phones.

[time2soar]

I have learned that PDLs only are reported, generally, to the credit bureaus for delinquent, late, and no pay accounts. As far as good standings, they are not reported.

[orfoster]

I have learned that PDLs only are reported, generally, to the credit bureaus for delinquent, late, and no pay accounts. As far as good standings, they are not reported.

Unfortunately they are reported now routinely, certainly with Call Credit and Experian but I haven't seen anything about Equifax.

[orfoster]

Hello everyone,

 

Thanks for the recent posts. Ok I had the outcome from the FOS yesterday and have been giving it some thought and a bit of research but I need some help.

 

1. The FOS advised that the PDL is obliged under legislation to share info with CRA (clarified and they have conceded they are not, simply contractual issue).

2. They have stated "repaying any loan on time will help your credit rating, however this does not necessarily improve your ability to borrow money".

3. They have said its up to individual lenders to assess the position, some may view PDL as negative and may of course decline (yes - this is the bit missing from the PDL website!).

4. The FOS would only be able to recommend information was removed from a credit file if it was inaccurate (what even if the spirit in which the contract was entered into was based on misleading information?!).

5. By signing the agreement with Wonga I am legally bound by their terms and have consented to sharing of data.

6. Of course.....my complaint was not upheld.

 

If I want to put more evidence to the FOS I must do so by 9 December.

 

My next steps are to respond to their findings, my initial thoughts are;

7. I entered into a contract with Wonga on the basis of the information available to me and provided Wonga with the information they required on an accurate and honest basis, something which the company by virtue should have reciprocated.

8. In contrast had I not given an accurate financial position this would have been fraudulent, the fact that the company give information which is not accurate to the position is by virtue unfair and puts the consumer at a disadvantage when taking a financial decision, the treatment is unfair.

9. On balance a consumer without in depth knowledge would not be aware of the facts, you have clarified in your letter the true position, this is not the advertisement on the Wonga website, had the true position been communicated or no assertion was made I would not have taken a loan with them.

10. The FCA make it clear that in April 2014 they are regulating the misleading statements made on PayDay lenders websites (http://www.fca.org.uk/about/what/championing/consumer-credit). This is clearly based on evidence that Consumers are not aware of the risks when taking a pay day loan. I believe this strongly supports my position.

11. FOS have not taken a view on the content of the assertions made on the Wonga website at all as its not given reference, only that no one know how a lender might act, my view is that essentially that's not wholly relevant, Wonga make the clear assertion that by taking a loan it certainly won't damage your credit file and should even benefit it. There is NO health warning. (I know the FCA are brining one in in April 2014) but for now, what do we do?

12. I need to look up the ICO rules of giving "informed" consent, as surely by giving the consent its on the basis of the information available, if that isn't accurate what does it mean?

Sorry if this is a bit of a crazy post but I thought I'd get it online now to get your knowledgeable, welcome and inspiring views.

 

O

[citizenB]

1: Can the FOS provide a link to this legislation, because we have been unable to find it, orforster !

2: This is not they way in which the PDLs sell their loans though.. they say it WILL improve your credit rating.

3: See above.

4: Until the FCA give the FOS a kick up the BTM and a good house cleaning.. then they will continue with their own biased statements.

5: Even if the agreement is misleading.. see 4 above.

6: We kind of thought that would be the case.

 

7: Correct

8: Correct

9: Correct

10: Correct

11: Correct

12: Yes, that might be worth investigating.

 

Was this a first tier adjudicator triage or an Ombudsman decision ?

[orfoster]

Hello,

They've clarified in an e-mail to me that there is no legislation, its a contractual issue that is bound by both parties.

The FCA have obviously done research on the whole issue of "misleading statements" and the fact that PDL's should come with health warnings, I will try and have a look at their massive document. I wonder if any of their findings would be useful?

 

It was an adjudicator.

 

What legal recourse at the moment does a consumer have for misleading financial advice from a PDL?

Unfair relationship?

COBs don't apply right?

What about breach of contract (I think this is unlikely I guess)

[citizenB]

I think you should reject the adjudicator's decision and ask for an Ombudsman to review.

 

The response should have given you this option and a date by which you need to respond. If you think you are going to need longer, you should let them know that you are going to reject this decision and that you will be able to respond by XX Date.

[orfoster]

Ok I'll let them know. I've got lots of leave over Christmas, do you reckon I can request an extension until 23rd? It's currently the 9th.