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Afternoon CAG,

 

I've seen on a number of threads regarding payday loans the question about whether gambling was involved with the payday debt... Can I ask why and how this is relevant and if/how it can affect complaints or legal disputes?

 

Thanks

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Hi Fairhead.

May i ask if there is a particular reason you would like to know?

 

Be honest as i ask due to your previous posts....

 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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Genuinely interested to know whether gambling involvement makes any difference to complaints about payday lenders, or if it has any legal weight? Nothing to do with previous posts..?

 

Can't see it making any difference unless the PDL lender had actual knowledge of the gambling, or should have had such knowledge or enquired,.

I don't beleive they have a general duty of "should ask all loan applicants if they intended the loan for gambling".

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I think the way the money was used is irrelevant to a claim for irresponsible lending. Lenders are meant to assess suitability to lend and should notice patterns where lending is regular, especially loans that are repaid and taken out again the same day or week, loans that were rolled over etc. I know the Ombudsman has sided with cases where gambling was clearly an issue and was clear on bank statements. If they were to start consider gambling as a reason not to accept complaints then any lifestyle choice would become fair game for them to refuse a refund i.e. eating too much, drinking too much, driving an expensive car, spending too much on kids toys etc etc

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