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    • if the agreement was taken out jan 23, then she has not reached the 1/3rd mark so the car has not become protected goods under the consumer credit act.  this puts her in a very very vulnerable position regarding ever keeping the car....whereby once they have issued a default notice they can legally send a guy with a flatbed (though they are NOT BAILIFFS and have ZERO legal powers) to collect the car.  if the car is kept on the public highway then they can simply take it away and she will legally owe the whole stated amount on the agreement AND lose the car. if it's on private property i'e like a driveway, ok they shouldn't take it without her agreeing, but if they do, it's not really on but its better than a court case and an inevitable loss with the granting a return of goods order. are these 'health reasons' likely to resolve themselves in the very short term (like a couple of months?) and can she immediately begin working again ? i'e has she got a job or would have to find one?  answer the above and we'll try and help. but she looks to be between rock and a hard place . whatever happens she will still have to pay the loan off...car or no car....unless you can appeal to the finance company's better nature using health reasons to back off for xxx months.
    • no need to use it. it doubles the size of the thread and makes it very diff to find replies on small screens too. just like @username it - sends unnecessary alerts to people. everyone that's posted on your thread already inc you ...gets an automatic email alert when someone else posts.
    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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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.

 

It was Oct2014-Jan2015. And I have another potential loss for one that did expenditure from an earlier time. But it looks like I might win some others. From what I understand, if the loans weren't affordable they only look at wether the lender did enough to assess affordability and expenditure forms cover this.

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As I've had loans from June 2011 will the ombudsman look at those old ones or just the most recent loan I've discussed with each PDL?

 

They will look at the old ones and refund all the interest from them if they find in your favour. You will probably have to show that they were unaffordable though, bank statements or credit reports etc.

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118 have emailed me again, it was strange as I have replied to them yet. Maybe they've seen this thread? I replied to the email saying I'm only corresponding via email.

 

Dear Richard,

 

 

 

I’m writing with regards your recent complaint and the subsequent response that was issued to you.

 

 

 

I can see from our records that we have set up a repayment arrangement for you, however, it has been brought to my attention that you may still remain unhappy with the arrangement.

 

 

 

I have tried to call you on the mobile number we have on file, however, the number does not connect.

 

 

 

If possible and providing you are willing do to so, please provide me with a telephone number to reach you on and I will give you a call to discuss your current situation.

 

 

 

I look forward to hearing from you,

 

 

 

Regards,

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When complaining via the complaint form on the FOS website, it asks if I've received a final response. I haven't had one from QQ and P2P, even when I asked if it was a final response. They just replied saying they'd investigate and come back to me soon - all I asked was if their response was final? Should I select "no" and then explain on the form that I asked for a final response but they didn't reply?

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If you select 'no', then they will turn round and say they can't investigate until you have had their final word.

 

Another way to look at it is to wait the eight weeks for them to satisfy your complaint, failing which you can

then automatically escalate it to the FOS.

How long has it been since you first made your complaint?

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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Only been a couple weeks, I'm happy to sit tight til 8 weeks is up. It's funny how they replied to my formal complaint within a day but when I asked if it was a final response, they literally stop corresponding.

 

Also have a question about the Vodafone debt I listed above. Frederickson have been passed the debt but from what I've read about them, they're awful. People saying on the reviews of them to ignore all communications. They've rung my parents home number and told them it's urgent I speak to them about a debt I owe. Surely they shouldn't be telling this to anyone other than me? Also read they usually leave you alone after a couple of months of not being able to get in touch?

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The above post reminds me - Mr Lender - when I asked them on the phone weeks ago how they got my new private number, they said they can search through "a system" for any numbers I am linked to. They called my new private number, my girlfriend's number and my parents home number despite NEVER having them. Meant to ask this earlier but surely this is wrong too? When I challenged them on this they said it's perfectly normal for them to gain associated numbers via different means.

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Can I have some more advice about 247 moneybox - this was the most recent loan. They asked for payslips which I provided (payslip was over 300 less than I said I earned on application as payday that month was low). Still approved the loan and when I complained to them they offered to have back the original funded amount as a goodwill gesture. Should I just cut my losses here and set up a repayment plan? Is it at all likely the whole loan (small 3 figure amount) could be written off? I haven't made any payments towards it but I found their service levels awful. Plus even when I had my loan outstanding, they were emailing me asking me to sign an online agreement for a new loan!! Since the amount is fairly small in comparison I'd be happy enough to pay it over a few months. Is there any point in trying to negotiate that figure down?

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To reply to an earlier post - 118 did credit search me twice on the date I applied, and also put in 2 enquiries on the same date.

 

No credit search was done by 24/7 according to my credit report.

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Also have a question about the Vodafone debt I listed above. Frederickson have been passed the debt but from what I've read about them, they're awful. People saying on the reviews of them to ignore all communications. They've rung my parents home number and told them it's urgent I speak to them about a debt I owe. Surely they shouldn't be telling this to anyone other than me? Also read they usually leave you alone after a couple of months of not being able to get in touch?

 

Dear oh dear, a very loud complaint needs to be made about this intimidation tactic to the FCA.

Make a formal complaint to Freds as well, informing them that as they have broken the DPA, and attempted to

intimidate you by discussing your personal private matters with a third party, that they can expect you will have

no further dealings with them, and you have reported them to the FCA to investigate, and question their

entitlement to having a consumer credit licence.

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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Have had letters from Payday Express and P2P today issuing a default notice and some waffle about paying within 14 days or I'm in bother. This is despite my formal complaint with both companies which I've heard nothing about. The PDE loan was my only loan with them and I only owe about £130 so was thinking about offering them half that amount as a settlement. However there's definitely no way they could have done a credit check without seeing other PDL's so might wait for the Final Reponse before taking it to the Ombudsman. Quick question - if they're investigating my complaint can they still issue defaults?

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Yes they will do as they please regardless of claiming to investigate any complaint.

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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When they ring again tell them to clear orf!!

 

There is absolutely NO legal requirement for you to discuss this over the phone with a powerless tin pot DCA.

If they want to discuss the matter with you then they can commit it in writing.

 

Just laugh and hang up, or tell them ''everything in writing'' then hang up, you need to be brutal, they are not wanting to help you

all they want is grubby money.

 

If they fail to get the message, and continue calling even though you have told them not to, then keep a diary of events with a view

of reporting them to your local Police station for the criminal offence of harassment, and send them this letter http://www.consumeractiongroup.co.uk/forum/showthread.php?387367-Harassment-by-Telephone-**Update-21st-April-2014**

 

Send it 2nd class, and get ''proof of posting'' which is free from the PO counter.

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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I've had another loss at the Fos (adjudicator). This time I had 14 payday loans at the time and 5 adverse entries on credit report. I had loans with this lender in 2015 and in 2013. When they asked the lender to send them my loan application they sent the 2015 one which asked for expenditure. Adjudicator wont even discuss that this information wasn't asked for in 2013. I've even sent them a screenshot I found of this lenders website in 2013 which says they will lend to anyone if they're over 18, lived in uk for 5 years and have a positive credit history. For anyone that remembers toothfairyfinance this lender was part of that group in 2013 so that tells you the checks they did. The fos is a waste of time these lenders have the adjudicators on a string and the ombudsmen just follow them.

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  • 3 weeks later...

Hi OP,

 

 

I'd be contacting the various company's Trade Associations (CCTA etc) and the FCA before FOS.

 

 

As a small Lender myself, I would not approve any loans to anyone who appears vulnerable to unmanageable debt. If this had been my company making this kind of poor judgement, you would have had your debt written off immediately.

 

 

Present yourself as a vulnerable person (i.e. someone who has unmanageable debt due to too many loans approved by Lenders not performing due diligence checks) to the FCA and see what they have to say.

 

 

I'd also contact the moneyadviceservice.org.uk and perhaps StepChange.

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5 weeks later and Wonga have offered me a sum minus the current loan I owe. Taking it to FOS as they didn't refund interest and fees on every loan, but rather from loans between late 2013 and early 2015. They claimed there's no wrongdoing on their part for the loans I took between 2011 and late 2013 which I found to be strange.

 

Still no final response from QQ or P2P even though they gave me a final response type reply without those words on it and are now ignoring me.

 

Some advice would be great here. ARC rung this morning at 8am!!! Was sleeping when they called but told them in writing only but they asked me to give them my FOS complaint number so they could speed things up. If my complaint is rejected I will only pay the original creditor which is P2P and not going anywhere near ARC. Is this an acceptable reply to them?

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ARC rung this morning at 8am!!!

 

Seriously tell them to F off!

 

I hope your logging all these calls so you can make a complaint about their harassment?

 

Lodge a formal complaint to ARC regarding their criminal offence of harassment, tell them that if they call again, when you

have explicitly told them that you will only deal with them in writing, you will report them to the police for the criminal offence

of harassment.

 

Also copy in Wonga or P2P or whoever it is that has given ARC your details to chase, and tell them that they also will be made

liable for the actions of their chosen powerless DCA.

 

If QQ & P2P are ignoring you, reciprocate their petty attitude and do the same.

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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If I accept the Wonga offer - I think it should be 33% more than they offered - am I still able to escalate to FOS on the grounds that they didn't look at all my past loans and the fact I want them off my credit report?

 

My current loan with them they want to deduct that balance from the offer they've made - my complaint asked they wipe the current loan because they didn't act properly. Any advice on whether to accept or not?

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Seriously tell them to F off!

 

I hope your logging all these calls so you can make a complaint about their harassment?

 

Lodge a formal complaint to ARC regarding their criminal offence of harassment, tell them that if they call again, when you

have explicitly told them that you will only deal with them in writing, you will report them to the police for the criminal offence

of harassment.

 

Also copy in Wonga or P2P or whoever it is that has given ARC your details to chase, and tell them that they also will be made

liable for the actions of their chosen powerless DCA.

 

If QQ & P2P are ignoring you, reciprocate their petty attitude and do the same.

Any advice on the post above regarding whether or not to accept or if I have a better case?

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If I accept the Wonga offer - I think it should be 33% more than they offered - am I still able to escalate to FOS on the grounds that they didn't look at all my past loans and the fact I want them off my credit report?

 

Sorry I shall try to be a little more constructive.....

 

If you're not happy with what they have offered you, then you are of course at liberty to escalate the complaint further,

Wonga should have made this clear in their letter?

 

If you think it should be more, then tell them the figure you think it should be, and have them explain how they came

to the figure they have offered.

 

There should be some mileage left in complaining to them still, so keep at them.

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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