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    • hi guys, the only letter ive got is here for you to look over. 
    • I am sending the letters today.   Last question. Should i advise them in the letter that all payments are going to stop until they give the info requested or should i simply stop paying anyway from my Augusts due dates?   Do they have power to send bailif's etc proceed to court if i stop paying? they don't have my phone number which is good but i will expect letters once i dont pay
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    • Hi   I have recently received a copy of my CCA for an old HSBC CC debt. This was apparently bought by Marlin in 2014 and I had previously (before it was sold to Marlin!) asked for a copy of CCA so it was in dispute. All had gone quiet until February this year. This is all complicated by the fact that in 2008 I was advised by Payplan to offer token payments to everyone.  I paid these by standing order and had actually forgotten about them. These continued until 2018  - I know! So it's not SB and wont be for a while Hindsight is a wonderful thing.    Cabot (claiming to be acting for Marlin - same company!) have appeared again with several letters so far and have recently involved their legal arm (Mortimer Clarke solicitors). After sending them a CCA last Friday,  as they were once again threatening legal action, today I was sent a copy of a CCA, the print was dated February 20 interestingly.  The time they decided to contact me again.   I am prepared to go to court over this if necessary. I can only pay what I can afford. As I owe a lot to other companies, some of who may have given up - I've only had a pre court letter earlier this year from MBNA who I asked for a copy of the CCA and heard nothing since, I really don't know where I stand with repaying any debts. I don't know what I owe or to who anymore. I have limited funds at the end of each month despite working full time. I had a small payout for PPI which I was considering putting towards the debts but was advised not to! Now as a lot of them have gone quiet again (for now) I don't want to get in touch with them.   With the CCA which all looks as it should. They  (Mortimer Clarke) have enclosed an income and expenditure form which they have asked me to complete in 14 days. The total amount is £3 k. What should I do now? I wonder why this has only just appeared after all this time. I can't give them £3k as I don't have it. If I did have it, then that wouldn't be fair to the other people I owe money to.   I am tempted to just ignore it and wait for them to take me to court  
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Hello,

 

And well done. Was just looking in to this as out of nowhere paydayuk have informed me of a credit that they're sending me of £658 -- Now that's nice and all but, i had one from them almost every month from 2009 to 2015. But what they credited me for is on 2015-2014.

 

Two questions:

Can i go back way further?

And is their a template letter - As i have no idea what to write.

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latest update

 

payday express........adjudicator is currently looking at this but payday express have not sent her any of the information that she has asked for...twice.

 

dunno how this will pan out.

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I have seen a case somewhere that the Ombudsman ordered a payout as PayDay express failed to supply info required and used the customers evidence instead.


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if they dont even supply info....... can they refuse to pay out?

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if they dont even supply info....... can they refuse to pay out?

 

I suppose they could but it wouldn't look good if you took it to court. They could then get hit with a costs order as they should have paid out.

 

Generally they do pay out when told


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well Payday Express never sent the adjudicator the info she requested on numerous occaisions , so she looked at the info i sent and decided that 15 out of the 18 loans were unaffordable........ now waiting for their response yet again, theyre ment to reply by the 29th June.

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well Payday Express never sent the adjudicator the info she requested on numerous occaisions , so she looked at the info i sent and decided that 15 out of the 18 loans were unaffordable........ now waiting for their response yet again, theyre ment to reply by the 29th June.

 

 

Now what was it I said somewhere? Oh yes

 

I have seen a case somewhere that the Ombudsmanlink3.gif ordered a payout as PayDay express failed to supply info required and used the customers evidence instead.

 

I hope the FOS penalise them as well and give you a good payout.


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well payday express have failed to communicate with my adjudicator at all in anyway........

 

been sent to ombudsman now , so dunno what will be the outcome.... probably ignore them as well.

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That is standard practice with the Ombudsman. Where a trader refuses to deal with the FOS, the adjudicator will refer it to the top who will likely agree with the adjudicator and make a remark about the traders lack of response.


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What if they keep ignoring? Could they just not pay out?

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They could try it I suppose but I doubt they will.

 

In the cases I have seen on the FOS website, I haven't seen any where the trader failed to pay out plus if they failed to do so the FCA would be interested as it could impact their licence to trade.

 

If they still refused then you could instigate court action safe in the knowledge that an Ombudsman decision would be seen by the judge as PDE being awkward and could impose extra costs on them so it is also unlikely they will pay out.

 

Do you have any figures yet? 15 out of 18 loans could amount to a sizeable sum


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around £3100 by my calculations.

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Hi Burke :)

 

Good going, Ive read through everything on your loan reclaim.

I would suggest that at this rate anything you gain will be a nice bonus and remember, you cant win them all.

 

General rule of thumb is that the Ombudsman is there as the intermediary when things and their decisions are not legally binding, although they are highly respected when it comes to complaint resolutions.

As SF says, if a decision is not accepted it can affect a companies remit to trade if the FCA is included.

 

I would let it run its course. If you dont get a good offer then maybe just accept it :) , You've done phenomenally well :)


 

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Hi Burke

 

Any update on this one?

 

Hello, yes, PAYDAY Express repaid all the interest back on Friday, plus the usual 8%.... It's taken alot of time with being handled by the Ombudsmans, who seem to give 4 weeks to respond every time.... But a happy result.

 

I have no idea what to do with Swift Sterling- as they just won't acknowledge me.

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Well, you're getting there. well done so far.

 

Can you say what has happened so far with Swift?


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Swift..... nothing.

 

they dont respond to any communication at all.

 

contacted the financial people in Malta who also seem not very interested.

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well i was finally making progress.... the MFSA was investigating my complaint after i posted a huge amount of paper work to them.

 

then today i get an email saying that its no longer their job to investigate these complaints and the investigation has been closed.

 

got to complain again to another authority now.

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