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    • Just posted up the POC. Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given. The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Spoke to them many years ago          
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
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Hello. im new on here but ive been reading some of the threads with interest.

 

In 2010 i took out a payday loan with Quickquid as my credit cards were maxed out at nearly 16k...... id just come out of a relationship that had left me financialy challenged.

 

It was so easy to borrow from them ... had the loan and paid it off as planned.

 

Anyway i had a 2nd larger loan when i needed work doing to my car....... this where it all went wrong because when it came to payday time i wasnt going to have enough money left to live on...... so i took out another payday loan with a different comapny.

 

Yet again so easy to borrow, things just spiralled out of control and between 2010 and the end of 2013 when i finaly saw sense and seeked help id been using

 

QuickQuid

Payday UK

Wonga

Payday Express

Lending Stream

Pounds to Pocket

1 month loan

Swift sterling

Mr Lender

every month for the time period, either rolling over loans or taking out new ones to pay off exsisting ones the borrowing off them again.

 

I was so stupid, they ruined my life for 4 years, if id been turned down id have faced my issues sooner and got sorted.... at one point i was doing 80hrs overtime per month and still couldnt get straight.

 

How could these companies not see by the credit checks that i was in meltdown?

 

Last week i added up everything id borroweed and paid back to payday loans companies....... i borrowed £38,711 and paid back a whopping £61,409.

 

Im worried about asking for refunds because i dont think i was honest about my disposable income...... i was in such a mess and not thinking straight, i was just desperate for the money, to pay tha payday loans etc.

 

Im so stupid.

 

Any advice?

 

Thank you for reading this,

 

Burke

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any advice at all? am i wasting my time trying to claim :|

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any advice at all? am i wasting my time trying to claim :|

 

Well I have limited experience as I myself is in the process of having to dispute the loans lent to me.

But from the details you have given me I think that's a huge mislendage from these lenders. I am static, that you payed all this amount. This is a big case of mislending and should be investigated asap. Plus you should start disputing it with the lenders.

 

Make a start with getting the Statement of account from each lender.

Hope some expert on this forum in this field will helpful you further.

 

Thank you

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BloatedChief - your post has been removed - it was a straight copy/paste from another forum. Please do NOT do this again.


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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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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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Firstly, don't worry yourself. This can only go one way - in YOUR favour.

 

If you weren't entirely honest, more than likely the lender wasn't asking enough questions anyway. It kinda works both ways, but they probably didn't check enough on your status.

 

Firstly, ask for statements, these needs to clearly include dates of loans, rollovers, charges and interest accrued and the total amount paid for each loan. I've only encountered one PDL that asked for an SAR payment of £10 which was Wagedayadvance. The rest happily emailed the info over.

 

That's your first step. Remember, this is about proving they did wrong but don't go in thinking you'll get tens of thousands back right off the bat, they'll play hard to get but you have to grind them down and stand your ground. Get those first and let us knoe as and when they respond and what they respond with :)

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You need to gather as much information as you can either by asking nicely or sending a subject access request - you can find a draft request in the CAG library - green tab - top left of screen. You will need to enclose £10.00 with your request.

 

Have a look at other threads where people have been lent to irresponsibly by PDL companies.

 

It might be a good idea to obtain screen shots/copies of your credit files from that period so you can check to see if the PDLs did any credit checks on you and the status of your credit history at the time they lent to you. This all helps with an irresponsible lending claim.


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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Hi,

Sorry to CitizenB for jumping in.

 

To SAR every creditor is going to be expensive as it costs a tenner each.

 

I would rather submit a complaint to each one accusing them of 'irresponsible lending'

 

I would also look out for occasions when you took out a loan with one company and another helped themselves to money from your account.

 

They should have seen by doing credit checks that you were in financial difficulty as you had many loans on the go,

 

Dig out as much paperwork as you can (emails, letters) to get a better grip of where you stand.

 

If, after a complaint is made, they reject you then a SAR is a possibility as well as a complaint to the FOS.

 

I have seen a few cases on the FOS website where complaints have been upheld and the lender has been forced to pay back substantial sums.

 

If you were to claim using restitutionary interest, this could amount to quite a significant sum however this is quite difficult so notional interest is better (as it is easier),


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Silverforx :thumb: I have only just registered how many PDLs there are so, yes you are absolutely correct :)

  • Haha 1

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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thank you for your replies :-) , ive been busy and sent out all my emails today requesting account details etc.

 

Ive already been through 4 years of bank statements and noted down..When,Who,How much borrowed and how much i paid back etc.

 

Wonga cleared my debt a year or more ago when the payday loan scandel kicked off in the media £484 ........ so is that already admitting wrong doing?

 

Also 1 Month Loan seem to be no more so can that be persued? - These are now Sunny

 

sorry about my spelling and thank you for any advice as ill probably need more as time goes on.

 

Burke

Edited by fkofilee
Help For Burke

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I would say that was an admission of wrong doing by Wonga if they wrote off your debt to them :)


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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Silverforx :thumb:

 

Oops.. sorry about the spelling :lol:


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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With the 1 month loan, you will need to check any paperwork you have to see if they have a managing company.

 

I have found a company that uses (used) the name 1 month loan and they are still active.

 

Elevate Credit International Limited

 

 

27-28 Eastcastle Street London

London

London W1W 8DH

 

Trading names.

 

Mayday Payday,

Payday Mayday,

Oasis Payday,

Oasis Finance,

Quid,

Fortress Securities,

1 Month Loan,

Sunny.Co.Uk,

Sunny,

elastic.com,

Elastic, Quid.Co.Uk;

elevate;

elevate .co.uk

elevate.com;

Sunny Plus;

Sunny Now

 

EDIT

Contact details

 

John-Paul Savant

 

jpsavant@uk.thinkfinance.com

Edited by silverfox1961
added email address

If you are asked to deal with any matter via private message, PLEASE report it.

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UPDATE

 

Blimey some of them respond quickly,

 

Wonga ..... investigating my complaint (8weeks)

Sunny .... investigating my complaint (8weeks)

Quickquid .... Say they have done nothing wrong, all checks done... No Refund.

 

Pounds to Pocket .... Say they have done nothing wrong, all checks done... No Refund. BUT i havent even contacted them yet, must be mind readers lol.

 

everyone else no responses yet.

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Hi Burke...

 

I have read your thread and have been dealing with some others here on CAG. Football Player could tell you more.

I am concerned at the number of PDLs etc however it doesnt mean its all over :)

 

I think you should grab summaries of all loans for your records. These can be requested while a complaint is ongoing, at least youll have some idea in case of escalation to the FOS.

Also what did you put in your complaint letter?


 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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Hi Burke...

 

I have read your thread and have been dealing with some others here on CAG. Football Player could tell you more.

I am concerned at the number of PDLs etc however it doesnt mean its all over :)

 

I think you should grab summaries of all loans for your records. These can be requested while a complaint is ongoing, at least youll have some idea in case of escalation to the FOS.

Also what did you put in your complaint letter?

 

 

Hello, ive requested summaries from the companies, but I've also been through all my bank statements and logged every payment etc on my PC.

 

Its was a basic refund letter/email stating that I thought the loans were unaffordable, the local CAB office helped me with it.

 

When you say you are concerned about the amount of payday loans... Do you mean mine or in general?

 

I cant I was so stupid at the time but I kept thinking I could do more overtime and get it paid off but its impossible when you've up to 9 on the go at any one time.

 

Looking backi cant believe they kept lending.... I and them.have ruined 4 years of my life.

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It would nice to get some of the interest back, so I can put it to paying off my DMP and then get back to normal life.

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UPDATE

 

Blimey some of them respond quickly,

 

Wonga ..... investigating my complaint (8weeks)

Sunny .... investigating my complaint (8weeks)

Quickquid .... Say they have done nothing wrong, all checks done... No Refund.

 

Pounds to Pocket .... Say they have done nothing wrong, all checks done... No Refund. BUT i havent even contacted them yet, must be mind readers lol.

 

everyone else no responses yet.

 

Pounds to Pocket and Quickquid are part of the same group, CashEuronet UK LLC

 

I also believe some of the other names are linked as well.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi Burke

 

Tided up your post from before :) I know it would, however it maybe tough but persevere.

 

How many loans have you had over the time?

 

Last week i added up everything id borroweed and paid back to payday loans companies....... i borrowed £38,711 and paid back a whopping £61,409.

 

This is the worst case I have seen so far! How you managed to keep borrowing for so long I do not know.

Get summaries from all companies and then let me know. We might beable to help you. (Check my Sig For help)

 

Pounds to Pocket and Quickquid are part of the same group, CashEuronet UK LLC

 

I also believe some of the other names are linked as well.

 

Think I put that in the PDL Contact Info


 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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Payday UK and Payday Express are part of Instant Cash Loans Ltd


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Payday UK and Payday Express are part of Instant Cash Loans Ltd

 

Money Shop too... But they trade as Instant Cash Loans Ltd and some other similarly named company...


 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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Hi Burke

 

Tided up your post from before :) I know it would, however it maybe tough but persevere.

 

How many loans have you had over the time?

 

 

 

This is the worst case I have seen so far! How you managed to keep borrowing for so long I do not know.

Get summaries from all companies and then let me know. We might beable to help you. (Check my Sig For help)

 

 

 

Think I put that in the PDL Contact Info

 

Approx

 

QuickQuid 10 loans 28 rollovers

paydau UK 7 loans 31 rollovers

lending stream 15 loan 93 repayments

wonga 30 loans 23 rollovers

payday express 18 loans

1 month loan 2 loans 26 rollovers

swift sterling 28 loans

pound to pocket 3 loans 30 repayments

mr lender 2loans 12 rollovers

 

my god its shamefull :-(

 

any help is great because im crap at wording things.

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The best thing you can do is draft a letter, post it here and we can give you input on the content.

 

My advice, try and keep it as short as possible. Something like

 

" I wish to complain that you have engaged in Irresponsible Lending"

and

 

"By allowing me to roll over this loan xxx times would indicate that you would have or should have known that I was in serious financial difficulty"

 

" I require you to repay all roll over fees, charges and relevant interest forthwith."

 

you get the drift.

 

Short, sweet and to the point. You have no need to go into detail as to why you rolled over these loans so many times


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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The best thing you can do is draft a letter, post it here and we can give you input on the content.

 

My advice, try and keep it as short as possible. Something like

 

" I wish to complain that you have engaged in Irresponsible Lending"

and

 

"By allowing me to roll over this loan xxx times would indicate that you would have or should have known that I was in serious financial difficulty"

 

" I require you to repay all roll over fees, charges and relevant interest forthwith."

 

you get the drift.

 

Short, sweet and to the point. You have no need to go into detail as to why you rolled over these loans so many times

 

Hang on SF... I may have just the thing :)

 

Burke... Give me 2 mins...


 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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Now dont use this per se as it was from another thread that i drafted, but it may give you some ideas as to how to draft a letter...

 

Just note that I have slightly amended this to your case. It could be useful but I Want you to write your own to give you some idea.

 

Address

Address

Address

Post Code

 

Date

 

Formal Complaint Regarding Irresponsible Lending

 

Loan Ref; xxxxxxxx & xxxxxxxx

 

I wish to log a formal complaint in relation to irresponsible lending with has been caused by company. I wish to start by saying that as you are formally aware, the FCA took over regulation of the credit market from April 2014 and then imposed caps on all high-cost short-term credit (HCSTC) in 2015.

 

These rules were set to stop irresponsible lending and they included;

 

- Affordability checks for every credit agreement to ensure that only consumers that can afford a loan can get a loan.

- Firms that do higher risk business and pose a greater risk to consumers will face a tougher supervisory approach. Specific rules for the payday sector have been proposed and include:

o Limiting loan rollovers to two;

o Limiting the number of attempts by a payday lender to use CPAs to pay off a loan, to two;

o Information on where to get free debt advice will be given to every borrower that rolls over a loan

- Treat Customers in Arrears more fairly.

- Do not relend to customers who appears to have taken numerous loans in a short period.

- Report information correctly to the CRAs.

 

I believe that as the FCA set a precedent for a form of regulation in the industry, I believe that the loans should be measured against these criteria.

But also the FCA also stated that lenders should implement their own policy and also change how they lend to customers. Well I believe that you are in contradiction of that because;

 

- Both before and after the regulation dates, you were lending to me on a near monthly basis across the board as shown in a monthly statement.

- You did not do appropriate checks on where the money was being sent to. Should you have asked to see bank statements, you would have seen that this money was being used to pay other lenders.

- Should you have done the appropriate affordability checks at the time of every loan, you would have seen that I would have had more than 1 loan on the go.

- On my CRs, I can / cannot find any searches that had been completed at said times of a loan being offered.

- I was using these loans to pay off other loans to **Companies** and this ended up creating a spiral of debt.

- You permitted me to rollover these loans more than twice and in some cases the loan period expired 6 months plus. This is highly irresponsible.

 

Now I am also aware that Callcredit offered an update to their reporting facilities where it would essentially be Real Time Reporting. But I am also aware that under these loans, the actual product being offered changed from a pay day loan to a revolving credit facility. From that you should have still seen that I was constantly in and out of using these.

 

I am bringing this to your attention because I believe that you as a lender have not followed treated me with Due Respect or Due Diligence and I believe that I am now in this position because you continuously lent to me.

 

**Input Summary of Loans Here**

 

Should I not hear from you, I shall report you to the FCA for Irresponsible lending.

 

Should you wish to contact me;

 

**Name**

**Address**

**Telephone**

 

Kind Regards


 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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Thank you that's really useful

 

Everyone on here is far more helpful than a certain other famous forum site

 

If I get some refund money ill definitely give a good donation.... And if I don't it'll be a smaller one.

I appreciate all the advice.

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