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    • Yep I sent a copy to them also. Just send strange saying yes to then say no, I'm not used to all this though. It definitely doesn't come naturally to me 😕🙂 Will arrange a date ASAP!    Thank you again
    • @BearLake1   I have a similar PCN from the same place. I've just received 'Letter Before Claim' today. I wonder if you are able to share your reply to CVS? Did you send your reply by email or mail?   Thanks!
    • Will this work?   I disupte this debt because, Firstly i only ever used my phone via wifi, there was never a notification regarding usage and data. The rules regarding roaming usage has changed,  the default was illegal and was disputed. This matter is between O2 and myself.   The debt purchaser has yet to provide any or all of the required documentation.
    • Hi all   Wow, do I have a situation to contend with now! I shall include as many important facts as needed.   I have received a solicitors letter today, by instruction of MY PARENTS claiming they are beneficially entitled to a property I purchased in 1999.   This property belonged to my Grandad who sadly passed away in 1993. He had hand written a will, not witnessed by anyone, leaving the property to my Mother and not his Son. Of course my Mothers Brother wasn’t happy with this and contested it which ended up in court. This dragged on for a long time, it could have been years? Until it was decided the house be sold and money divided equally. From memory I think the legal feels were around £30k ish.   At this time my parents didn’t have jobs and I was able to obtain a mortgage in 1999 and after going on the market purchased the house for £50k as it needed a lot of work. At the time I was very close to my parents and it felt a good thing to keep the house in the family circle as such (like cars sometimes) but was obviously in my name as the owner. I paid the mortgage and utilities on it and it sat empty for ten years whilst deciding what to do, more my Mother not wanting anyone to touch it and change memories.   The council kept writing to me until eventually said it would be a forced sale if nothing done with it. I then obtained additional borrowing to fund the complete renovation and then rented it out with the idea if it reducing the mortgage. Around the same time and during the crash I manged to buy another house needing work, by using equity on first as a deposit and a mortgage on the new house.   My parents would always refer to the 1999 as my house although this felt awkward. A few years along the way (2010/1/2) my Dad purchased their council house at a reduced rate.   I moved out of my parents home in 2014 and into the second house once it was all modernised, which since the relationship with parents has just deteriorated a lot. Arguing about lots and them saying I need to ‘sign the house back over to them’ on more than one occasion.   To fast forward, the tenants moved out of the property recently and my parents found because as creepy as it sounds, I think they used to drive by or watch them. The signing back over has been demanded recently to which I said was ridiculous etc…   Today I get this letter with 29 paragraphs and crux of which being to transfer to property, with vacant possession and mortgage free, to them and in addition any surplus rent from the previous ten years!   The letter is full of lies my parents have told the solicitor such as:   I lived with them rent free in lieu of paying the mortgage They paid all the utility bills and council tax They paid for and carried out most of the work back on the house in between purchase and 2008 when renovated My Father dealt with the letting agents recently and I ‘merely’ signed the tenancy agreement   There was a time, as my parents have always been high maintenance, I had written something for my Mum to say although I own the house, morally it belongs to her as probably thought it would help the relationship. A copy of this has been included, although I think looks slightly different to what I had printed and also says…about asking their permission to sell it and they could move in if they ever wanted, I really do not recall saying that! This piece of paper I refer to has no date or signature.   My goodness, this has completely knocked me for six. Its like history repeating itself!   I have checked with Eon, Council tax etc… so far and all have been in my name and paid for by me.   The letter also says ‘the facts of this case are familiar to you and you ought not to require any further enquiry’ which almost is like the solicitor knows this is all hearsay/BS and no proof? Also that I should respond to the claim within 28 days. The letter was also not recorded in case it makes a difference.   Another paragraph says advises my parents 'have a strong claim that I am holding the property on trust for them absolutely by way of constrictive trust and/or proprietary estoppel' I have no idea what this means!   One thing I should point out, I used to be very much in my parents bubble, asking them for advice, wanting their approval, very much lacking confidence in awareness of my own abilities. It is since I have started thinking for myself they don't have the hold on me their behavior  have become worse.   What are your thoughts please? I really have no idea what to think!   Many thanks in advance as always   E!
    • So I got a phone call on Saturday on my private mobile phone. This call was from Moriarty law ...I had sent my PAP docs back with no e mail address or phone number ...they said they had used a tracing company to find my details ....I have since called them and put in a complaint that they have breached GDPR regs ..they have now suspended any action pending a full investigation. The agent who called me was not very bright to say the least ..he wanted me to make an offer of payment even though as I told him it was only an allegation that I owed the money as ADCB had not sent the original paperwork back..... he then told me that they could take me to court even if I had not got a copy of my signed credit agreement ....I basically told him to jog on ...I'll let you all know the outcome of Moriartys GDPR breach investigation .
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gav2000

Payday loans - how far can I claim back?

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Hi,

Thanks to all those who post such great advice. I am currently in the process of claiming for irresponsible lending. I have had a great number of payday loans due to a gambling problem. I have had an offer from Quickquid via the FOS to repay interest on the last two loans made in October. I am just after some advice as to have far I could reasonably claim back for to see if it is worth shortening the fight. I have outlined the dates and amounts below. I have already had a judgment from the adjudicator that one in August was irresponsibly lent so I am working on the basis that everything after is. Would it be worth try to ask for interest from the loan in April as I had borrowed 3 times already and paid off the March one only to borrow two days later and on my payday no less?? When do you think that the FOS would start presuming that money was being irresponsibly lent?

 

Quickquid Oct 2014 £400

Quickquid Dec 2014 £600

Quickquid Oct £1000 (paid off and then...)

Quickquid Oct £1100

Quickquid March £700

Quickquid April £700 (paid off the previous loan and then borrowed 2 days later - on my payday)

 

Satsuma August £500 (The adjudicator has said that this has been irresponsibly lent)

Satsuma Feb 2015 £350

 

Sunny Feb 2015 £700

Sunny May £750

Sunny June £100

Sunny Sep £750

Sunny Oct £350

 

Payday Express Feb 2015 £400

Payday Express May £400

 

Uncle Buck July £200

Uncle Buck Oct £300

 

Lending Stream Sep £250

Lending Stream June £150

 

Whizz Cash Sep £250

 

Western Circle Sep £200

 

Pixie Loans Sep £200

Pixie Loans Oct £300

 

Piggybank Nov £100

 

Ferratum Nov £110

Edited by fkofilee
Grouped Each Lender

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So you have had a few loans but not the worst I have seen. Your key here will be bank statements.

It would need to show a clear link between all the loans from month to month and money going out to the Gambling companies.

 

Ive already dealt with a few cases similar to yours, If you need any help just let me know. You will need to complain to each individual lender however from checking the dates, RTLA from Callcredit (Real Time Lending Analysis) kicked in around about this time.

So the lenders should have seen loans that were open at that time.

 

One good case to look at is

 

 

Payday has done really well and maybe you could see how hes come to it so far. Please also check your CRA Through Noddle and Clearscore. See what comes up for each lender?

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Same situation as me buddy, first step is facing the problem of gambling before claiming anything back, or the money you get baxk will be no help. Hopefully you've self-excluded on all gambling sites

I still have over 7,500 left to pay and then follow fkofilee he's able to help no end :)

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Cheers for the help so far. I've read through that thread. I am a little ahead of you in claiming as all my loans are with the FOS now. And yes, getting sorted with the gambling is a priority. I haven't gambled since the 1st Nov but this is the third time I have got myself into a big hole of debt. Once is more than enough so don't follow my poor example, payday!

Each place did do a search when I took it out. I am not sure Sunny did one for each time though. When would be a good time to assume that the loans became irresponsible?

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Clearscore really don't register many searches at all! Mostly with Noddle but I can't see any for sunny after a certain date which gives me some ammunition.

It's odd as I listed all the loans in a time line and now they are arranged by lender in my post! Sorry, just to clarify, I mean how far back in my loan history could I say that there has been irresponsible lending based on what I posted in my first post. Eg. could I say that Quickquid were acting irresponsibly by the time I took out the fourth loan with them as I had already taken out 3 loans with them and 3 other loans in the interim?

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That was me :p:) Just easier for grouping per lender than per month IMHO. However Yes, you are right, but the trick is to get the PDL company to admit that they lent to you even though you had 3 loans on the go etc... They shouldn't have lent to you. In 2015 the new rules came into effect and if you sstill had loans coming over at that point, then this will also be a massive thing to take into account. However like I said ... BANK BANK BANK STATEMENTS! These will showing a true financial picture of your situation. If you need them then you can send a SAR Request to them :)

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Cheers. I will decline Quickquids offer then and show the FOS my bank statements for the time period. I have them all online through online banking. I will let you know how I get on.

Thanks

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Sorry to be a pain and ask lots of questions. When looking through the credit report from noddle, should Quickquid have performed "Checking credit application" each time rather than a "Quotation search" or "Administrative Review". I can only see the search and review around the dates I took the loans out rather than a checking credit application. Does that mean they did not do a search when I took out the loans?

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CEN (Casheuronet) doing Quotation Searches? How strange?

I think an administrative review should be enough to mean a Credit Check was done - Reason being is because you had an account opened which you were being lent against so I think its valid. However even though they did a CRA Check, they could have been naive in lending that amount even though you had loans open :)

 

What was CEN offer? (PS CEN is QQ Parent CO.)

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They offered to pay back interest from the last two loans I had with them in October. I am going for the last ones I had from them in March though. After a bit of research I found out that Quickquid/ Casheuronet is tied to a company called OnStride financial. I took out a £2900 loan with them in March and 20 days later went to Quickquid for a loan. Surely that should have raised some alarm bells!

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Hi,

Just a bit of an update. The ombudsman has gone against what the adjudicator had decided and has said that the £500 loan from satsuma had enough checking for it to be fine. This is provisional and I am wondering if there is anything I can say to get them to change their mind. By this point this was my 6th payday loan in 3 months (12 in the last 8) and the adjudicator said I was stuck in a cycle of unsustainable borrowing. Is there anything I can argue against the ombudsman?

Thanks

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Why did you escalate if the Adjudicator had found in your favour ?


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I didn't, Satsuma asked them to escalate.

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Another update. An adjudicator has found that a loan that I took two weeks after the Satsuma one was not lent responsibly. Another adjudicator has found that a loan I had two weeks after this one was lent responsibly. How can they all come to different conclusion?!?!?

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consistency is not the fos strongpoint - out of 10 cases with basically the same facts I had about 7 different opinions - all bar one of them all upheld but sometimes you need to stick their nose in the main facts....the recent curveball I have had thrown at me was an adjudicator not upholding complaint against safetynetcredit despite another ombudsman saying I was in a clear cycle of payday debt with another lender who was lending to me at same time and another adjudicator confirming it was clear I had a gambling problem!!

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consistency is not the fos strongpoint - out of 10 cases with basically the same facts I had about 7 different opinions - all bar one of them all upheld but sometimes you need to stick their nose in the main facts....the recent curveball I have had thrown at me was an adjudicator not upholding complaint against safetynetcredit despite another ombudsman saying I was in a clear cycle of payday debt with another lender who was lending to me at same time and another adjudicator confirming it was clear I had a gambling problem!!

 

Does having a gambling problem have any bearing on an attempt to claim interest/fees back due to irresponsible lending?

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yes, from the point of view of those companies who look at bank statements - it would be clear that anyone with a gambling problem does not have control of their finances and therefore not suitable candidates for payday loans

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Should I make my argument based around the fact they should have looked at my bank statements which would have shown a lot of gambling transactions? The fact I was heavily in debt and had asked for 10 payday loans in the preceding 8 months should have alerted to them to the fact I was not managing my money well.

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