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    • Thanks   Is there any good templates that can be modified for the defence?
    • is this letter entitled letter of claim? and comes with a reply pack?   please scan up your original agreement to ONE multipage PDF read our upload guide carefully 
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual on the Gov't Gateway Site  note down your details inc the long gateway number given, you might need it later.  then log in to the MCOL Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit MCOL. .. 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 £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... .[use our other CPR letter if the claim is for an OD or Telecom Debt] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . on BOTH type your name ONLY Do Not sign anything . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • The agreement started 11/02/2019  for 47 monthly hire payments   Threat-o-gram : We are instructed on behalf of Hyundai Capital UK Limited T/a Hyundai Finance Contract Hire.  This is inaccurate, as on my hire agreement it says - Owner Santander Consumer (UK) plc trading as Volvo Car Financial Services. Hyundai must be who this other persons agreement is with.   The only will is: Should you fail to make payment of the outstanding bablnce of £5,000, or alternatively provide realistic payment proposals within the next 30 days, we are instructed to issue County Court proceedings against you for the balance outstanding. Such proceedings will also include claim for costs.   Yes I still have my agreement. 
    • Hi M10,   Compared to MANY other cases we see here, a refund of 80% is a decent offer in the circumstances.   Take it and get yourself a new item.   Far better than Very and Apple each denying responsibility and passing the buck, and you being stuck in the middle for months with no help.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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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

First letter to halifax sent rec del 26/4

Data Protection Act letter to capital one sent rec del 26/4

Halifax 1st offer dated 5/5

Capital One ack Data Protection Act request rec 6/5

Request for repayment to Capital One 2/8

LBA sent 22/8

Court proceedings issued 13/10

Settled in Full 9/11

Donation made 14/11

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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

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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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

First letter to halifax sent rec del 26/4

Data Protection Act letter to capital one sent rec del 26/4

Halifax 1st offer dated 5/5

Capital One ack Data Protection Act request rec 6/5

Request for repayment to Capital One 2/8

LBA sent 22/8

Court proceedings issued 13/10

Settled in Full 9/11

Donation made 14/11

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Share on other sites

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

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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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

First letter to halifax sent rec del 26/4

Data Protection Act letter to capital one sent rec del 26/4

Halifax 1st offer dated 5/5

Capital One ack Data Protection Act request rec 6/5

Request for repayment to Capital One 2/8

LBA sent 22/8

Court proceedings issued 13/10

Settled in Full 9/11

Donation made 14/11

Link to post
Share on other sites

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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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.
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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?

First letter to halifax sent rec del 26/4

Data Protection Act letter to capital one sent rec del 26/4

Halifax 1st offer dated 5/5

Capital One ack Data Protection Act request rec 6/5

Request for repayment to Capital One 2/8

LBA sent 22/8

Court proceedings issued 13/10

Settled in Full 9/11

Donation made 14/11

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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.

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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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!

First letter to halifax sent rec del 26/4

Data Protection Act letter to capital one sent rec del 26/4

Halifax 1st offer dated 5/5

Capital One ack Data Protection Act request rec 6/5

Request for repayment to Capital One 2/8

LBA sent 22/8

Court proceedings issued 13/10

Settled in Full 9/11

Donation made 14/11

Link to post
Share on other sites
  • 2 months later...

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.

First letter to halifax sent rec del 26/4

Data Protection Act letter to capital one sent rec del 26/4

Halifax 1st offer dated 5/5

Capital One ack Data Protection Act request rec 6/5

Request for repayment to Capital One 2/8

LBA sent 22/8

Court proceedings issued 13/10

Settled in Full 9/11

Donation made 14/11

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