Jump to content


  • Tweets

  • Posts

    • Claimants do not use witnesses to present the case.....counsel are not witnesses to the claim.    The receipt of Lowells DQ is not confirmed precedence of the claim.....check the status of the claim on MCOL and see if it states DQs sent out.
    • It also says that claimant has 28 days after receiving a copy of defence to inform court if they wish to proceed. I dont have a date but would assume that they received their DQ after I filled my defence and that they issued me a copy dated 6th Jan, so roughly speaking they have 28 days from 6th Jan to inform court.
    • Husband and I have finally saved deposit to buy our house and seen a house we like so I checked my credit reports before we give the mortgage broker the thumbs up!    I knew something would come and bite me on the bum!    I had an overdraft with lloyds which I have not accessed since 2013. They have sold to Arrow Global who have put a big fat default on my account. It shows on my transunion credit report as pasted below. Defaulting in April 2020.     I did not change my old address with them. I am unsure how to approach this as cannot be sure it is statute barred as it is an overdraft (even though I have not touched it, acknowledged it since 2013). The default date shown is Nov 2015 but not reflected in the way Arrow Global are sticking the defaults on. Should I send a 'statute barred' or 'prove it' letter? Should I dispute with the credit reference agency? I am unsure!    I would like the default off the account the quickest way possible to have a clean credit report!      OVERVIEW   Account type Current Account   Status Default   Account number     Last updated 2020   Start date  2008     PAYMENT INFORMATION   Opening balance £1,199   Repayment frequency Monthly   Date of default Nov 2015   Promotional rate No     PAYMENT HISTORY     J F M A M J J A S O N D 2020       D D D D D D D D D     OK   Missed payment -- No data D Defaulted     BALANCE OVER TIME   Your balance has not changed since Jan '20.   APR '20 | £1199MAY '20 | £1199JUN '20 | £1199JUL '20 | £1199AUG '20 | £1199SEP '20 | £1199OCT '20 | £1199NOV '20 | £1199DEC '20 | £1199£1299£0JAN '20JAN '21
    • Just looking at their DQ answers, why have they put down 0 for How many witnesses, including yourself, will give evidence on your behalf at the hearing?   Does that inc other lawyers? Surely that should say at least 1.
    • Thank you BazzaS, I completely agree with you!      
  • Our picks

    • 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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Lottie v Pay Day Loans and FOS complaint


Please note that this topic has not had any new posts for the last 2654 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Citizen's Advice believe that the majority of payday loans could be complained about; their in depth analysis of 665 payday loan cases, reported to its consumer service between 1 January and 30 June 2013, finds that at least 76% could have grounds for an official complaint to the Financial Ombudsman including:

 

1 in 5 were possible cases of fraud – where a person was chased for a loan they hadn’t taken out.

More than a third involved issues with continuous payment authorities including money that was not authorised to be taken.

12% involved harassment whereby lenders pester people with phone calls and text messages rather than accept affordable repayment offers.

1 in 10 were about lenders’ unfair treatment of people in financial difficulties.

 

Why you should complain to the FOS

 

Every creditor is allowed 25 free investigations by the FOS, all subsequent investigations will be charged at £550 each to the lender. You can read more about the way the FOS charges here: http://www.financial-ombudsman.org.uk/publications/technical_notes/QG1.pdf

 

Given that payday loans are generally given for small amounts, the charge made by the FOS is often very high by comparison - usually more than the actual loan amount. As such complaining could put a massive dent in a payday loan lender's profits. In addition, you may find that a lender agrees to write-off a loan as it could be financially cheaper than allowing a FOS investigation.

 

Get complaining, it makes a LOT of sense.

 

Complaints just been emailed off for 9 different PDL companies!

 

Didn't take long! Everyone should do it!

Link to post
Share on other sites

Year 2012-2013

Payday loans

 

how-consumers-can-take-complaints-further.jpg Natalie Ceeney, chief financial ombudsman,

However, there was an 83pc increase in the number of complaints about payday lenders – from 296 cases to 542. Many complaints about payday firms involved them unexpectedly draining struggling borrowers’ accounts of cash. There were also complaints from customers who had never taken out a payday loan but were being chased for money. Some lenders made repeated attempts to withdraw money from their customer’s accounts and charged fees and interest every time.

 

I feel the F.O.S had better brace themselves.rolleyes.gif

Quote-Lottielox85

 

Complaints just been emailed off for 9 different PDL companies!

Didn't take long! Everyone should do it !:clap2:

 

 

Remember what some have put you through.

It is the right thing to do.

And letting them know about the turmoil you have been through may change things.

And help others.

 

You could find you get a refund for an unauthorised payment or compensation for unfair treatment. "By making your voice heard you will expose the bad behaviour of lenders and put pressure on them to clean up their act which could help stop similar problems happening to other people."

The chances are also high that the ombudsman will uphold a payday loan complaint in the consumer's favour.

Of 160 complaints made to the ombudsman between April and June this year about payday loans, 72% were upheld.

Edited by tawnyowl
Link to post
Share on other sites
Did you list all nine in one complaint or separately ?

 

Separately as I had different issues with each company. In fact only one of the ten companies we stupidly borrowed from have escaped complaint. They were piggy bank. Borrowed £400 from them, defaultd, they gave us their bank details next day and agreed immediately to our repayment plan. As they played ball, didnt add any fees or charges and were decent we have actually cleared that debt. All the others have had complaints made and I hope we cost them money cos none of our loans, plus interest have been worth £550 so would be judgement in them.

Link to post
Share on other sites

Lottie, would you please keep us updated with the way in which the FOS deals with these :)

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

Link to post
Share on other sites
  • 3 weeks later...

HI there,

 

I'm seriously thinking about doing this - is it best to use the template on the CAB website?

 

Also, it said about 5 days for them to acknowledge your complaint. Does this mean that if the companies don't write back in that time you have a case?

 

Sorry if I'm been a little stupid, I just need to get everything straight before I go up against these lot.

 

Thanks

Link to post
Share on other sites
Then I guess I fall into the 1/5 that they couldn't be bothered with

 

What was the outcome?

Was it a complaint that fell within the jurisdiction of the FOS?

Did you appeal the final decision?

Link to post
Share on other sites
  • 1 month later...
Then I guess I fall into the 1/5 that they couldn't be bothered with

 

Do you have a thread that will help us understand why your complaint was not upheld ?

 

Sadly some consumers simply give up at the first rejection - there is the right to escalate a complaint to the Ombudsman.

 

In some cases, consumers have been unable to articulate their problem sufficiently for the adjudicator to understand it.

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

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...