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    • No direct answer for you I am afraid but their actions are surprising. Although banks can and do question unexpected large payments into bank accounts (large relative to what usually comes in) you wouldn't expect a payment from HMRC to be considered a suspicious transaction under money-laundering rules. And you've done the right thing, gone into branch with ID and proof of the source of the payment. Hopefully they will soon unfreeze your account.Sady in all local managers have virtually no say in what happens, it's all down to head office fraud and money laundering team.   Their suggestion that student accounts don't allow you to work is surely nonsense. The requirement in their t&c is that you must be on a full time course, not that you can't work as well. Their t&c say " You must be aged 18 or over and studying on a full-time UCAS registered course of two or more  years’ duration...". Nothing in the t&c about not being allowed to work as well, they made it up. It would be a strange student a/c that said you couldn't work ever - Nationwide must know  that most students need to take part-time/holiday jobs as well to pay their way through university (and have done for as long as student accounts have existed - at least 50 years!)
    • but no judgements yet..urm… think about it..
    • I could never thank you enough Ell-enn - And would never have been able to get through this without your help, support & guidance... Thank you so so much!   I found it all quite traumatic and distressing today - I managed to make myself look somewhat presentable for court and tried to stay as positive as I could, but had a pretty bad panic attack and broke down crying on the way to court, which melted my make-up and I felt very dizzy and unwell. The security staff were helpful and a lady appeared at desk in waiting room (usher I think) and told me that the rep for other side had been there all day, but had popped out for lunch. She said when he gets back he may want to talk to me. I felt like I was going to projectile vomit all over the waiting room. My head started pounding with a severe headache and I was worried I might pass out. He waltzed into the waiting room and stood towering over me at over 6 foot, but only looked about 12 years old.... Very cocky and stood too closely in my personal space. He told me to follow him into a private room for conference and I refused and told him I would prefer for the judge to decide.    Shortly after we were called into the judge. I don't recall his name but I don't think it was the same judge who issued the original possession order and he looked a little bit like Judge Rinder. I broke down crying again soon after sitting down and had to apologise to the judge, who seemed sympathetic. I felt so unwell, embarrassed and humiliated. I then had a panic attack during the hearing and was struggling to breathe - I must have looked such a state.    The judge asked what date the eviction was due to happen (Monday) and then asked me if I had any offers on the house yet and spoke to me briefly, but I could barely speak due to crying. He asked me about my expected return to work and I said I had suffered a nervous breakdown and wanted to be able to get back to work as soon as possible, that my GP had singed me off sick until mid-August and that I was currently on several medications which also affect my ability to work. He asked me if I wanted to say anything else and there was so much I felt I could have put across better, but just didn't feel able to and couldn't think clearly, so said no.   The judge said to the rep for Britannia that he felt concerned about this, but not sure exactly what he meant by that and then the other side stated they had clear instructions to take possession, that I had only paid them £10 and disagreed with my proposal to sell the property myself. The judge asked him if my offer of £50 towards arrears fell in line with Norgan case and the other side said yes. The rep stated that whatever it is I do for a living, my proposals could not be taken into account, as I had no proof or indication of my current income/expenditure.   The judge then came back to me and said he wouldn't be able to agree to more time for property to sell, but would have been able to do more if I had an offer in place / sale agreed. He asked me about my work and for a clearer indication of when I would be able to resume payments / pay a monthly amount towards the arrears. I said that I also had a spinal injury & had had surgery on my spine a few years ago and it was due to complications from that that I had initially been unable to work & fell into arrears and then went on to say that it was Britannias' actions that had caused my breakdown and he did snap at me a bit then and told me he didn't want to hear what Britannia had done, so I apologised. He asked me again when I thought I would be able to resume payments and I asked if September would be ok. I was shaking and having a pretty bad panic attack at that point.    The rep from other side then jumped in and said she needs to pay us straight away, and the judge then stated that he would make an order for me to make repayments from August and suspend the order on those terms. He said if I fell into difficulties again we would be back here again and said that they may be able to help me again if that happened. He asked if that was ok for me and I felt pressured to agree as I didn't feel able to do any other.... I am now now worried about my ability to do this, but obviously relieved at the same time. I think the rep for the other side was a bit p**sed off... He was quite ignorant and I feel traumatised...I feel sorry for the judge having to see me in state like that.   As soon as we had left the room the rep came right up behind me calling my name and told me he needed my updated phone number so that he could contact me. He looked a little bit psychopathic at that point and I told him I didn't want to speak to him and walked off.... I was so dazed I went in the wrong direction when I left the court building and it wasn't until I looked in mirror later that I realised I had tissue paper stuck all over my face from where I had been drying my tears... I HATE Britannia for making me go through that, especially under such poor health.... Which they have caused me!   Thank you again so much for all of your kind wishes and assistance - Especially Ell-enn, as without your help I would be facing Bailiff eviction next week - And still won't sleep until that time has passed.... xx         
    • Just thought I would update, Unite the union have now intervened although initially at a low level.   They have contacted HR at the firm asking them to deal with it in order to stop Unite getting involved
    • Hi.  This was one of the posts i'd seen before - they mention 4 in court and having to pay £1000's in court costs alone...  Presumably, if they're paying costs, there has been some success...??    
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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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