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Asked if it was their Final Response regarding the QQ/P2P accounts, awaiting reply now. I live at a new address not listed on QQ/P2P website, so I asked them via live chat to update my details which they refused, saying my debt has been passed to ARC so they will not update my address. How does this play in with the asking of a deadlock letter? In the email where I asked if it was their Final Response, I gave them my new address to send the letter to and mentioned my request to update my address wasn't granted.

 

Also had a final response from Mr Lender which went as follows:

 

 

 

RE: Your Complaint

 

Thank you for your email dated the 03/06/2015 informing us about your concerns. We are sorry to learn that you have been dissatisfied with the service we have provided and you have therefore felt it necessary to make a complaint.

 

We have now completed an investigation in regards to your complaint.

 

On this occasion we will not be upholding your complaint.

 

Please find below a summary of your complaint and the explanation for our decision.

 

A summary of your complaint;

 

You feel that sufficient credit checks were not performed by Mr Lender before your loan applications were approved

You have stated you were in a cycle of debt during the application stages of you most recent loan

You believe your loans with Mr Lender were unaffordable

Our decision with reasoning;

 

You have had 2 loans with Mr Lender during 2014 - present. You did not notify us that you were dependant on short term loans/in financial difficulty upon any of your applications, the consumer credit agreement you signed states it is the customers responsibility to inform the lender of any change in circumstance.

 

If a customer advises us that they are struggling financially, as a responsible lender we will always offer further help and support. This could be in the form of an interest frozen repayment plan, affordable settlement figure or by recommending free and independent debt advice from several available services. Once you made us aware of your financial situation we set in place an interest frozen repayment plan to assist you in settling your outstanding balance. Please note this included a final discount of £101.10 .

 

You were able to reloan with Mr Lender as you had shown evidence of settling loans previously in a satisfactory manner, based on our risk assessment we made a responsible lending decision and funded the amount requested as you had showed from previous dealings your ability to pay.

 

Our manual underwriting process ensures that a thorough affordability check is carried out on every new application, we also rely upon the response of a full credit check report as well as a credit score. We contact each new applicant via telephone to confirm all loan details on the application and to obtain any other necessary details, an employment check is performed to ensure the applicant is in work and receiving a regular income, income and expenditure information.

 

Below is a list of affordability checks carried out by Mr Lender for your approved loans:

 

evidence of income

evidence of expenditure

a credit score

a credit report from a credit reference agency

pay checker system

record of previous dealings with the borrower

information obtained from the borrower, whether on the application form or verbally over the telephone. Such as;

- Usual working days/hours

- Employment status (full time)

- Pay date

- Monthly income after tax (£XXXX

- Disposable monthly income (£XX)

- Additional contact details

 

At Mr Lender we believed, and continue to believe, that responsible lending needs to be matched by an element of responsible borrowing. Businesses do not need to check whether the details provided to them by a consumer are correct, they can rely on the information given. As a consumer it is your responsibility to provide true and accurate information to assist us to determine the affordability of your loan application.

Borrowers are encouraged to always undertake their own assessment of affordability concurrent with that undertaken by the creditor.

 

As a general principle from a proportionality perspective, that the level of scrutiny required for small sum and/or short-term credit may be somewhat less than for large sum and/or long-term credit e.g. a mortgage.

 

Due to the findings above we disagree with your conclusion and feel Mr Lender acted responsibly and in accordance with the regulations set at the time.

 

We will therefore not look to refund any sums paid or offer any other form of compensation.

 

Summary;

 

We would like to clarify that Mr Lender has always followed the procedures and regulations set in place by the Office Of Fair Trading (OFT) and the Financial Conduct Authority (FCA).

 

The FCA consumer credit sourcebook (CONC) states only applications received after the 02/01/2015 would be applicable to the recent price cap rules set in place by the FCA. We can confirm interest for our current loans are calculated at 0.8% per day on the outstanding principle and the total amount payable will never exceed twice the amount initially borrowed. For further information on current regulations, please refer to the following FCA website link: http://www.fca.org.uk/news/fca-confirms-price-cap-rules-for-payday-lenders

 

We are committed to providing the best possible outcome however, should you feel dissatisfied with our final response you may refer your complaint to our Trade Association, the Consumer Credit Trade Association (“CCTA”) by writing to them at the Chief Executive, Consumer Credit Trade Association, Airedale House, Aire Valley Business Park, Dowley Gap Lane, Bingley, West Yorkshire, BD16 1WA.

 

If your complaint has not been resolved to your satisfaction within eight (8) weeks, you may have a right to have your complaint dealt with by the Financial Ombudsman Service (“FOS”). To do so, you should contact FOS within 6 months of our final response to your complaint.

 

You may write to FOS at the following address:

The Financial Ombudsman Service, Exchange Tower, London, E14 9SR or refer to their website at http://www.financial-ombudsman.org.uk/ or calling 0800 023 4567 or emailing [email protected].

 

You can find below a link to the Financial Ombudsman Consumer Leaflet, should you require a hard copy we can send this to you via post.

http://www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm

 

Your right to complain to FOS is independent of your right to take your complaint to the CCTA. You are not required to approach the CCTA before FOS.

 

Further sources of information and advice that are freely available to you, include local trading standards and the Citizens Advice Bureau – http://www.adviceguide.org.uk. To find your local office, look in your phonebook.

 

We appreciate the time you have taken to bring this matter to our attention.

 

If you have any further questions or require any further information, please do not hesitate to contact us on 0208-532-5022 or by emailing [email protected]

 

Kind regards,

 

Matt

 

Complaints Department

 

 

 

As this is their Final Response, should I make a claim with the FOS? Also it's funny that they said I paid my first loan with them off satisfactorily, when it was overdue and late being paid off.

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Yes without a shadow of doubt escalate it to the FOS, but don't hold your breath!

 

You should also inform your local MP of the issue with irresponsible lending by these loan sharks.

 

As for them stating that they will not update their files because they have 'passed it on to ARC', that doesn't exonerate them

from their responsibilities, they are still liable for the actions of any third party they employ.

If you're paying them anything, then drop it right down to a £1 a month, DON'T pay ARC anything.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Yes without a shadow of doubt escalate it to the FOS, but don't hold your breath!

 

You should also inform your local MP of the issue with irresponsible lending by these loan sharks.

 

As for them stating that they will not update their files because they have 'passed it on to ARC', that doesn't exonerate them

from their responsibilities, they are still liable for the actions of any third party they employ.

If you're paying them anything, then drop it right down to a £1 a month, DON'T pay ARC anything.

 

Before I do escalate it, will there be any fees payable to the FOS? I'd obviously pay but just want to make sure I completely understand before proceeding? Do I escalate the complaint via their website?

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Very disingenuous response from Mr Lender.. of course you were able to repay their loans.. with financing from loans from other PDL companies - which should have shown on their (Mr Lender's) rigorous credit checks !!

 

You do NOT call any one.. you must keep everything in writing.

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There are no fees to you as a consumer to the FOS - but Mr Lender will be charged a fee for the investigation :)

 

You can download a complaint form from the FOS website.

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4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

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1: How can BCOBS protect you from your Banks unfair treatment

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

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Thanks again, got the ball rolling with them regarding Mr L now. Hopefully have an update in a few weeks. Had a very thorough email back from 118118. Are the rules different for personal loans and payday loans? I'll post the reply below anyhow. This one seems like I may have to bite the bullet with it. The only thing that irks me is that if they did a credit check, surely it would have told them I had a Wonga, QQ, P2P and Mr L?

 

 

Thank you for taking the time to contact us in regards to your concerns, I have now investigated your complaint fully and would like to apologise for the inconvenience this may have caused you.

 

 

 

My understanding of your complaint is you are unhappy as you believe we have acted irresponsibly as a lender – you feel that the relevant checks were not completed before your application was approved.

 

 

 

Having reviewed your complaint, my investigation is as follows. You applied for a loan of £1000 over 12 months with an APR 35.9%. You stated that you were employed part-time by XXXX and your monthly net income was £750 – your total expenditure was £305 (Utility Bills: £75, Food: £150, Maintenance Payments: £50 and insurance: £30). Based on the information you provided on your application, a review was completed by our Underwriting team who agreed the loan of £1000 at 99.9% but with a term of 18 months rather than 12. During the application process an affordability calculation was completed based on the information you provided and the affordability calculation was successful meaning you were suitable for a loan at the time.

 

 

 

You’ve stated in your complaint that you were in a cycle of payday loans when you applied for the loan with us, however, I have noted that you did not provide this information on your application as you stated you did not make any repayments towards loans, borrowing or credit cards. I need to make you aware that as per our website, “If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies to prevent fraud and money laundering” - with this in mind I now believe that you intentionally entered incorrect details on your application in order to mislead us during the application process.

 

 

 

As part of our standard underwriting review we complete industry standard verification checks in line with guidance as set out by the Financial Conduct Authority as well as our own internal lending criteria and based on the information submitted on the application as well as information provided by the Credit Reference Agencies it was deemed that the loan was affordable for you. This is supported by the fact that you have stated in your complaint that your monthly income was 1150, however, you stated on the application that your income was £750 and the affordability calculation was based on £750 – had it been based on £1150 as you are now stating, the affordability check would have passed with a higher score.

 

 

 

I also need to draw your attention to a telephone call you had with one of our agents on XXXXXXXX at approximately XXXX During this call the agent gave you full details of the loan such as the loan amount, interest payable, total repayable, the APR and monthly repayments. The agent you spoke with asked if you were entering into any IVA’s debt management plans or bankruptcy to which you confirmed you was not.

 

 

You have also stated that you are currently experiencing financial difficulties; I can see from our records that we have accommodated your situation and have also set up a repayment arrangement for you – again I am satisfied that we have met our obligations in assisting you.

 

 

 

With the above information in mind I am satisfied that we have acted correctly and therefore you remain fully liable for the borrowing and I will not be looking to write off or refund the loan amount/interest.

 

 

 

Please note that this is our final response. If you are not satisfied with the response, you may refer your complaint to the Financial Ombudsman Service. You need to do this within six months of the date of this email. For more information, please read the guide ‘Your Complaint and the Ombudsman’ which can be found at http://www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm

 

 

 

The address of the Financial Ombudsman Service is:

 

 

 

The Financial Ombudsman Service

Exchange Tower

London E14 9SR

 

 

 

Once again, I acknowledge the confusion that this situation has caused you, but taking into account my comments above, I am sorry we are unable to offer the response you were looking for.

 

 

 

Regards,

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Another update - this time from 24/7 Moneybox who have offered to wipe my interest and charges/fees etc for my current unpaid loan. They want just the original loan amount back in one lump sum. Should I accept or take it to FOS as well? Will post the email below anyhow. They noted my account was frozen in the email, but when they spoke to me on the phone I was told it wouldn't be frozen until I gave them proof I was unemployed at the time the loan was due (which I did two months previously already) and when I asked to speak to someone else I was eventually hung up on.

 

Different Money said they'd back to me within 4-8 weeks, Wonga and Payday Express said within 5 business days.

 

 

 

Dear Richard,

 

Hope that you are well. Please find below a copy of our complaints procedure. If you remain dissatisfied you can refer the complaint to our trade association (BCCA) and ultimately the Financial Ombudsman Service (FOS).

 

 

247Moneybox is committed to lending responsibly at all times. Our measures include:

 

Comprehensive credit, ID and employment checks to assess affordability

Prohibiting loan extensions

Affordable and variable loan amounts based on disposable income

Charging you interest on a daily basis, as opposed to monthly, so that if you do repay early you can save money

Be transparent, honest and open

All of the terms and conditions of the loan, as well as the charges, will be displayed clearly up front before you make a decision about whether to borrow. The only way the cost can increase is if you don't repay your loan on the date agreed.

Act professionally, reasonably and responsibly in all our dealings with you. We will endeavour to make sure that all our suppliers of goods and services that we do business with, do the same.

Make sure all our staff are trained to the highest standards, incorporating all relevant requirements, guidelines and codes set out in law and by the FCA as well as professional trade bodies such as the BCCA. This is in addition to our Responsible Lending Principles.

Ensure you have all the information you require to make an informed and sensible borrowing decision. If at any time you require extra information please do not hesitate to contact us via the website, email or phone.

Address your questions and handle complaints quickly and efficiently. Our complaints procedure is clearly set out in the Questions and Answers section.

Consider cases of financial difficulty in a sympathetic and positive light. For more information please see our Responsible Lending Principles.

Can see that you spoke to our team on 02/06/2015 and as you were unable to provide an offer of repayment, your account was frozen for 30 days to allow you time and space to review your finances and get back to us with an offer of repayment.

 

 

 

As a gesture of goodwill and in the interests of resolving, we are able to accept the original amount funded (£XXX) as repayment of your balance. Settlements are usually required in one payment, however we are able to work with and action an affordable repayment plan to repay the amount funded only.

 

 

 

Do get back to me with an offer of repayment and when we should collect the initial payment.

 

Kind regards,

Shahan

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Are 118118 correct in that you did not provide them with information regarding your PDLs or show payment toward credit cards or PDLs on your I&E ?

 

If this is correct, then they might be partially correct - at the same time, if they had done the proper credit checks against your credit files, then those PDLs would have shown up and they would have been required to challenge you about them ?

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4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

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

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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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24/7 - how much have you already repaid on this debt ?

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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

1: How can BCOBS protect you from your Banks unfair treatment

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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Are 118118 correct in that you did not provide them with information regarding your PDLs or show payment toward credit cards or PDLs on your I&E ?

 

If this is correct, then they might be partially correct - at the same time, if they had done the proper credit checks against your credit files, then those PDLs would have shown up and they would have been required to challenge you about them ?

 

They know I had PDL before as we talked about how they were a rip off over the phone. As that is their Final Response I'll take it to the Ombudsman anyway - nothing to lose by doing so. If it wasn't a Final Response I would have asked that question. Again will keep the thread updated.

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24/7 - how much have you already repaid on this debt ?

 

I haven't repaid a penny to them, should I? They wouldn't accept an invitation to speak on the phone and hung up when I was trying to resolve the situation. It was almost embarrassing.

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118118 - if these were aware of the other PDLs, or didn't do the proper credit checks, then you need to escalate your complaint to the ombudsman.

 

As for 24/7 if you haven't made any payments at all, then their offer might well be acceptable to the Ombudsman - just the original loan with no interest added and at an affordable repayment plan might be worth considering.

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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

1: How can BCOBS protect you from your Banks unfair treatment

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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118118 - if these were aware of the other PDLs, or didn't do the proper credit checks, then you need to escalate your complaint to the ombudsman.

 

As for 24/7 if you haven't made any payments at all, then their offer might well be acceptable to the Ombudsman - just the original loan with no interest added and at an affordable repayment plan might be worth considering.

 

Can they retract their offer if I take it to the Ombudsman? Or should I give them £1 a month in the meantime? There's no way they could have properly checked because they were the PDL I last applied and got accepted for, when I had all the others. Satsuma, Peachy, WDA etc all declined.

 

And how can I see if 118 did the proper checks?

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Send 118118 a Subject Access Request - it will cost you £10.00 and they have 40 calendar days in which to respond.

 

Yes, 24/7 could retract their offer if you were to escalate your complaint to the Ombudsman - it will then depend on whether the Ombudsman considered it a fair and reasonable offer.

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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

1: How can BCOBS protect you from your Banks unfair treatment

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 you checked your credit files ?

 

Can you see if 118118 looked at your file and on what date ?

 

Were all the PDLs you had at the time of applying to 118118 listed on your records ?

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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

1: How can BCOBS protect you from your Banks unfair treatment

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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Going to sign up for Noddle this week. Can't at the moment as they only accept Visa and Mastercard (joys of having Maestro). I had a look on Experian when 118 approved my loan and there was a mark on it if that means anything? It was on my list of creditors.

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Just had this from P2P, and then the exact same email from QQ. Should I ask once again if this is a final response so I can take it to the Ombudsman?

 

 

Dear Richard Mcgrath,

 

Customer # XXXXXXX

 

 

 

Thank you for contacting Pounds To Pocket. The contents of your email were duly noted. We apologise if there was any delay in responding to your complaint.

 

 

 

Your query raised several questions on what loan affordability is based on and what statutory checks are processed before assessing credit approval. Please be advised of the following information in relation to your query:

 

 

 

-We processed a credit check, the search id:XXX-XXXX-XXXX-XXXX-XX confirms one of the affordability checks that were ran. You can find additional information on checks by contacting Callcredit which is one of the Credit Reporting Agencies we use.

 

 

 

We also run various checks, which include but are not limited to, affordability assessment based on current financial commitments, as well as verifying any personal details provided on the application.

 

 

 

After the application was submitted, we send our customers an email which contains the pre-contractual agreement and also contains a hyperlink that leads to an audio version for your convenience.

 

 

 

Prior to making a lending decision, your loan application is reviewed and all of the information discussed above is analyzed and taken into consideration.

 

 

 

Once that information is reviewed, we make a decision and subsequently contact the consumer to advise of the final credit decision.

 

 

 

After careful review of your account and the information you submitted at the time of your application, we have determined that we diligently followed our processes and conducted a credit and affordability assessment on each credit application that was granted. Furthermore, your request for a refund on the charges and fees associated with your loans has been denied.

 

 

 

If you have any queries, our Final Resolution Team is here to help.

 

 

 

Kind Regards,

 

 

 

La'tasha

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Going round in circles, typical.

 

IMO I would take that as their final response, they have had two opportunities to rectify your complaint, instead they have

simply got their zx spectrum to spit out their usual garbage.

 

I don't think they're the slightest bit interested, escalate it.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Alberth, what timeframe were the loans you were refused by FOS? I know it is a bit of erratic system with their decisions but in your case, that ruling sounds extremely harsh.

 

 

?? wrong thread??

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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nope - his comment was on page 1 of this thread

 

OK got ya! See if he has his own thread on the issue, save confusing the OP's with his.. :thumb:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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