Complaint Payday Express / Payday UK

[Jhawc24]

I'm just coming to my 8 week deadline for payday loan complaints, and just had a response from Payday Express and Payday UK. They have refused the complaint stating that firstly its older than 6 years and secondly its been longer than 3 years for me to realise there was a problem.

 

Payday Express I had 2 loans 8.5.2009 £400 and 26.11.2009 £100, I then continued to rollover until January 2011. At that point I defaulted and started paying via a DMP. For £500 I have so far paid £2,472.07 and still owe £335.27.

 

Payday UK I was loaning from these from 2008, but my last loans were 30.6.09 £350 26.2.2010 and 29.9.10 inbetween these dates I was rolling over and paying interest until again January 2011 when I defaulted. In total I borrowed £1,050 and I have paid back £2,642.39 and still have £195.11 outstanding.

 

My question is is their refusal valid? they state that the ombudsman will not deal with this complaint.

 

regards Joan

[silverfox1961]

Hi

Not 100% sure but I feel that the Ombudsman should take it on although they don't always use the law, just what is fair. I feel that if you do use the Ombudsman, it will cost the PDL company £500 anyway

[Jhawc24]

Thank you Silverfox. On reading on the Ombudsman's website, they look into complaints 'outside the six years and should have known after 3 years there was a problem' under special circumstances. Many of the pdl's from payday UK were in 2010, and I spent all of 2010 rolling over the payday express loans. To me this is within the 6 years. Its just the should have known there was a problem after 3 years. Tbh I only saw the information recently that there was a chance you could claim compensation. Before now I thought that was it, in total from six different pdl companies I've paid over £8k in interest alone plus the initial loans.

 

If anyone can give me an idea on what 'special circumstance' I could use to go to ombudsman I'd be very grateful!

 

Regards Joan

[silverfox1961]

I would suggest that the exceptional circumstances are that you never knew that what they were doing was wrong

[Jhawc24]

Thank you again.

 

Can anyone advise on when the regulations on pdl borrowing were changed? I think it was in 2015. I may also use this.

 

Regards Joan

[silverfox1961]

Well this should apply in your case (possibly)

 

http://www.fca.org.uk/news/information-for-money-shop-payday-uk-payday-express-ladder-loans-customers-redress-scheme

 

I think the change you mentioned is this one.

 

http://www.fca.org.uk/news/tougher-rules-for-payday-lenders-take-effect

[burke666]

Well this should apply in your case (possibly)

 

http://www.fca.org.uk/news/information-for-money-shop-payday-uk-payday-express-ladder-loans-customers-redress-scheme

 

I think the change you mentioned is this one.

 

http://www.fca.org.uk/news/tougher-rules-for-payday-lenders-take-effect

 

Good luck... I'm about to take them both to FOS as they haven't come to a conclusion on my loans complaint in 8 weeks.

[Jhawc24]

Someone has recently advised me that the financial ombudsman 'will not' take on my complaint after the 8 week deadline as they have not done a full investigation yet and given me a final response.

 

Is this correct?

[silverfox1961]

Total rubbish unless the company has written to you asking for more time to complete the investigation and you have agreed.

 

They have 8 weeks to resolve. If they fail to do so, you can escalate to the FOS. The FOS may tell them to complete the investigation forthwith or they may just decide (based on previous cases) to act straight away.

[Jhawc24]

Thanks you again, I thought this was the case otherwise what's the point in having an 8 week deadline, they could just take as long as they wanted!

[Jhawc24]

Looking for advice on this one please.

 

I ended up taking this complaint to the ombudsman re: payday express, initially loan was taken out in May 2009, from then on the loan was rolled over every month until 2011. So I ended up paying over £2K for a £500 loan!

 

The FO adjudicator has sent me a response advising that they are not willing to look into my complaint as the original loan was taken out in May 2009 over the six years. This is what they quote in their email:

 

jurisdiction – application of the rules

 

 

 

Under the rules that apply to our service, we cannot consider a complaint brought to the business more than six years after the relevant event. As set out by the FCA, DISP rule 2.8.2 says that if a consumer brings a complaint after six years, we should look at when the consumer should reasonably have known they had something to complain about. If the consumer should have known more than three years before they raised the complaint, we cannot look at it.

 

 

 

The relevant time to bring the complaint to us would have been a maximum of six years from the initial point of lending, which was May 2009. Whilst I appreciate this may come as a disappointment, but in light of the time-bar, I am unable to look into this complaint further.

 

They have given me to the 30th June if I want to request that this complaint is referred to the ombudsman ...

 

Although I know that the initial loan was in May 2009 I assumed that each time you rolled over then it was creating a new 'contract / agreement'.

 

Any suggestions on how I should respond? any advice greatly accepted.