Jump to content


  • Tweets

  • Posts

    • I posted a reply earlier which I have now deleted because I realise that I hadn't read your story correctly. You have laid out £1000 on repairs to a vehicle which according to you is probably in need of further repairs. Although you have been rebuffed by the dealer at your first asking, your position would be much better had you provided the quotes for the repair work to the dealer in advance so that he had forward knowledge and was able to present his own opinions before you went ahead and spent the money. This kind of transparency is essential when you are in conflict with somebody who may later on dispute the value of the work which was carried out. Fortunately you have had more than one opinion from independent garages and this will be very helpful to you. So in order to recover your money, you have prepared a letter but which is rather open-ended because it simply says that you would like to have a reply within 14 days or else you may go and see a solicitor. Given that you have been rebuffed quite peremptorily by the seller of the vehicle, I don't think that this is going to make very much impression. You need to take control of this and assert yourself. I notice that you say that you are too exhausted to look around for a replacement vehicle. Do you have the stamina to conduct a small claim against this dealer? It's very easy but it will require some tenacity and there won't be a quick solution. I can expect to go on for six months or so before you get a result unless the dealer decides to put their hands up. I would avoid going to a solicitor if I were you because first of all you incur expenses which you will not get back from the dealer. Also the solicitor will start off by sending letters which will simply delay things further and of course will incur further costs for you. You haven't told us the name of the dealer – even though you have been asked by another member of the site team. He also haven't told us anything about the car – the make, model, year, mileage and price. I think we will have to modify your letter based on whether you think that you would be prepared to take your own small claim action. If you do take a small claim action then your financial outlay will be fairly minimal and everything you do outlay will be recoverable – assuming that you win. On the basis of what you say, I would guess that your chances of success are much better than 90%. However, there is the issue that the dealer may try to challenge the value of the work you have had carried out because you didn't give him any advance notice. We will have to deal with this.  
    • So Guys, After sending the last letter as everyone else  here I got a reply from Moriartylaw with a statement that ADCB instructed them to act on their behalf and a copy of all my credit card bank statements. Not sure what to do now. They want me to respond and supply them with a list of asset and liabilities.    please the attachment of the letter. moriartylaw.jpeg.pdf
    • Okay, let me start again. In terms of planning, is it not enough to say they don't have it since it's not shown on the council site? If not, if I ring Stockport planning would they put in writing that there's no planning?   I could contact the land registry to find out who the land owner is. If I contact them directly maybe they'll tell me if they have a contract in place. If they ignore my request too then should I be doing other things to find this out?
    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – who were the owners of the house. This was in 1999. We talking about 20 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the story you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I wouldn't supply this to their solicitor but if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me but we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
  • Our picks

GlossWhite

Payday loans - how far can I claim back?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 783 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Total amount taken out : £23,495 (still another 6 to be added to the list - I am expecting satsuma to be a biggey swell as 118118 money, I think its safe to easily add another £5,000+ to this figure. I will have exact figures soon)

 

Total interest paid from the list above : £5,022. + whatever else is left to come

Share this post


Link to post
Share on other sites

PDE Cant say that to you about your statements. You are entitled to a full list of loans you have taken.

Might be worth sending a SAR Request.

Can you put everything in a spreadsheet and organise it so I can roughly work out how we can go about this - We need to keep a file of all loans and reclaims.

 

118 are not classed as HCSTC - Check the glossary in the guide for more info.

But no harm in trying.

We are watching and you are getting on rather well and are getting the idea with this. Once we get everything we can have a further discussion about your next steps.

Share this post


Link to post
Share on other sites

Thank you,

 

Yes I have a few spreadsheets, one with all the lenders separately in date order, and other of them all together again in date order.

 

When the spreadsheet is complete with all the information I will post it onto the forum,

 

I have replied to PDE and PDUK (same company by any chance) asking again for my statement of accounts. IF not I will send them a SAR as advised, hopefully they comply and stop being awkward and the spreadsheet should be completed by next week ready to go to war!

 

regards

Share this post


Link to post
Share on other sites

Been in contact with PaydayUK and PaydayExpress today, Both have point blank refused to give me my statement of accounts. I thought everyone is entitled to the right of a Free statement of accounts?

 

Is my only next step submitting a SAR?

Share this post


Link to post
Share on other sites

Thanks :)

 

I have gone about it a different way, I downloaded every single bank statement I have since 2011 and worked my way through it for all PDE loans

 

I have also gone them them all on my computer searching the PDF and managed to get all of the PDE loans in order and exactly how much has been paid back and when, I am in the middle of doing the same for PDUK, and will do for the rest of the lenders that won't have give me the information, this time tomorrow everything single loan I have every had from Payday firms and 118 will be in a spread sheet.

 

Is it worth me having my santander loans document too? even though no complaint will be made against them, but its more fuel to as to why the PD companies lent irresponsibly I'm sure?

 

-

Share this post


Link to post
Share on other sites

Hello,

 

I have all the information I believe it Need, all My PDL loans in date order, amount taken out, amount repaid.

 

I have them in two spreadsheets, one for each PDL company in date order, and one with all PDL combined in date order.

 

Can you please point me in the direction on where to go next?

 

Regards

Share this post


Link to post
Share on other sites

Hi Gloss.

 

If we are reading this correct, in one week in October '15 - you took nearly 2&1/2 grand in PDLs?

How have you survived for so long like this?

 

I work it out at £27,815 borrowed and add around another £5k - £6k Interest...

 

Sorry to ask for so much, this needs a little bit of TLC.

Share this post


Link to post
Share on other sites

Hey, No problem thank you :)

 

I really appreciate your time and effort

Share this post


Link to post
Share on other sites

Gloss

 

Its done... Ive amended my template from our PDL guide. I think it should suffice, but you will need to back this up with Evidence... Bank Statements etc...

 

 

 

 

**Address**

**Post Code**

**Date**

 

 

Formal Complaint Regarding Irresponsible Lending

 

Loan Ref; xxxxxxxx & xxxxxxxx

 

I wish to log a formal complaint in relation to irresponsible lending by your firm. I wish to start by saying that as you are formally aware, the FCA took over regulation of the credit market from April 2014 and then imposed caps on all high-cost short-term credit (HCSTC) in 2015.

 

These rules were set to stop irresponsible lending and they included;

 

- Affordability checks for every credit agreement to ensure that only consumers that can afford a loan can get a loan.

- Firms that do higher risk business and pose a greater risk to consumers will face a tougher supervisory approach. Specific rules for the payday sector have been proposed and include:

o Limiting loan rollovers to two;

o Limiting the number of attempts by a payday lender to use CPAs to pay off a loan, to two;

o Information on where to get free debt advice will be given to every borrower that rolls over a loan

- Treat Customers in Arrears more fairly.

- Do not relend to customers who appears to have taken numerous loans in a short period.

- Report information correctly to the CRAs.

 

But also, the FCA also stated that lenders should implement their own policy and change how they lend to customers. I find that in the last few years after the regulatory changes, I have still been affected by poor practices and was lent to irresponsibly, but your firm did not do enough checks. If you were to check my Credit Reference file with the agencies throughout 2015 & 2016, you would have seen that I had multiple HCSTC Loans on the go. It was so bad that I took £2500 in Payday loans in one week.

 

The FCA were very clear on this matter that the need for HCSTC is there, however they made amendments to the regulation to prevent multiple loans at any one time and falling into a debt spiral.

 

Coupled this with a gambling habit that you would have noticed should you have checked my Bank Statements (Which is also regulated by the FCA and advise that if the money is going to be used for Gambling purposes, then it shouldn’t be given out)

 

Now I am also aware that Callcredit offered an update to their reporting facilities where it would essentially be Real Time Reporting. But I am also aware that under these loans, the actual product being offered changed from a pay day loan to a revolving credit facility. From that you should have still seen that I was constantly in and out of using these.

 

I am bringing this to your attention because I believe that you as a lender have not followed treated me with Due Respect or Due Diligence and I believe that I am now in this position because you continuously lent to me.

 

**Input Summary of Loans Here**

 

I will be reporting this to the FCA for breach of the new lending practices and also because you didn’t do the appropriate checks at time of lending etc. and after every withdrawal which should have been done.

 

Should you wish to contact me;

 

**Telephone**

 

Yours Sincerely

Share this post


Link to post
Share on other sites

Hello

 

Sorry I have been away and only just getting around to this.

 

Once again thank you :)

 

When I send the complaint what other stages are there to do at the same time? Do I send it to the FCA as well? What do I need to do to contact the FCA?

 

Regards

Share this post


Link to post
Share on other sites

Hello,

 

I have had a reply from peachy denying any wrong doing but have made an offer as a "gesture of goodwill" - Can you offer some advise please?

 

Am I safe to upload the email they sent me?

 

Regards

Share this post


Link to post
Share on other sites

Hi

 

Thanks, I have only just recently got around to filing the complaints, I have been really busy!

 

 

I have also had quick quid reply, asking for:

1) Bank statements (which I can provide)

2) Pay slips from the times I have had a loan with them (which I cant provide - but payment in from my employer shows up in the bank statements)

3) Any additional information relating to my financial circumstances at the time I have held loads with QQ - What do they mean by this?

 

 

Here is the reply from peachy :

 

____

 

 

Dear XXXX

 

Thank you for contacting Peachy!

 

We are sorry to hear that you have not been satisfied with our service and have raised a complaint regarding affordability assessments made on your account.

 

We have investigated your complaint competently, diligently and impartially. We have assessed the subject matter of the complaint and would now like to provide you with our response and decision on it.

Firstly we would like to bring out that in total you have had 7 loans from us. These loans were issued to you between 28/07/2014 and 16/10/2015. Before issuing your first loan we also called you to make sure we have your correct payday information and banking details in the system and to confirm that all the repayment dates fall on suitable dates for you.

We also would like to point out that after you repaid all the loans with us, we have never issued any further credit to you although you have tried to apply with us in two more occasions and this attempts are recorded on our system and can be presented to the Financial Ombudsman as evidence if requested.

We kindly advise that all your seven loan agreements were paid back on time, in fact most of them were repaid before the original due date, therefore the daily interest was deducted from the amount and you paid us less than the original contractual amount agreed. We can also confirm that you have not extended any of your loan agreements with us and was never advised to do so either.

We can assure you that as creditors, we abide by our statutory obligation under the Consumer Credit Act 1974 to undertake a sound, proper and appropriate assessment of creditworthiness to assess the borrower's ability to afford the proposed credit commitment. In addition to assessing creditworthiness, we always undertake an adequate assessment of affordability. The affordability check is based on information, obtained from the borrower and from a Credit Reference Agency. The affordability assessment is also based on the borrower’s financial position as a whole and takes account of information that we are aware of at the time the credit is granted.

 

As creditors, we employ the use of a variety of types and sources of information to assess affordability which include some or all of the following examples:

information about income [£2450.00]

a credit score

a credit report from a credit reference agency

information obtained from the borrower, whether on an application form or separately.

We would like to point out that the OFT (whose rules and guidances are now under the FCA) does not consider that the creditor could be held culpable under circumstances in which it made a reasonable request for information from the borrower, in order to inform its assessment of affordability, and the information provided by the borrower was substantively incorrect/untrue and the creditor was not aware of this.

 

We would like to remind you that by signing the Credit Agreement, you confirmed that you are not:

 

a) in a Debt Management Plan (or similar scheme) or considering entering a Debt Management Plan (or similar scheme);

b) in an I.V.A or are considering entering into an I.V.A.;

c) bankrupt or considering filing for bankruptcy;

d) under notice of termination of employment, redundancy or any other notice which could affect my employment status;

e) in receipt of Statutory Sick Pay or suffering from any medical condition which would cause me to apply for Statutory Sick Pay during the period of the loan;

f) in receipt of any benefits instead of my usual wages, salary or other income declared in my application.

We kindly advise that before getting loans with us, you filled in an income/expenditure form, in which you confirmed that your monthly income stands at £2450.00 and your total monthly expenditures equal £250.00. Therefore, based on the information you have provided, you should have had more than enough funds to afford loan repayments with us.

We also took account of your employment conditions and job stability. For example, when you took out the loan you confirmed to be full-time employed as XXXXX and had been working there for a substantial period of time (6 years or more). In addition, you provided us with the information about your financial commitments including any repayments due in respect of mortgage contracts, council tax, electricity, gas, telecommunications, water and other major outgoings and we were also aware that you were single living with your parents and therefore did not have any expenses in this regards.

In case the provided information was incorrect, then you would be responsible for providing us with false information, therefore making it impossible for us to ensure your affordability in any other way.

 

The process of assessing affordability is assisted by all of your creditors registering accurate data with Credit Reference Agencies, in a timely manner, about the performance of an account and/or settlement of outstanding debts/arrears.

 

We would advise you to contact Call Credit UK to check if all of your creditors have reported accurate information on your Credit File to make sure that when you make a loan application, the information received from the Credit Reference Agencies is correct.

 

When you took out the loan, the credit information received about your account, did not suggest that you are experiencing financial difficulties or might not be able to afford the loan repayment. If the information you provided was incorrect or the information your creditors reported on your Credit File was incorrect or insufficient or if you have any questions as to how the credit score is made up, please contact Call Credit UK.

 

The FCA has also encouraged borrowers to always undertake their own assessment of affordability concurrent with that undertaken by the creditor.

 

Please note that we lend out short term loans to you and our customers in good faith and therefore, we expect full repayment on the due date. If you have any problems in paying back the loan, it is important that you contact us immediately, and preferable in advance and before the due date. Please note that you have never contacted us to inform about any change in your financial circumstances or to arrange any alternative repayment options with us. We always aim to consider cases of financial difficulty sympathetically and treat our customers in default or difficulties with understanding, forbearance and due consideration.

 

We have done everything from our side to ensure you have all the necessary information prior to applying for a loan, it is your responsibility to read through the information we provide you with. You have also signed and agreed to the Standard European Consumer Credit Information document, which explained thoroughly about the product and that it is meant for short term lending purposes only.

 

We can assure you that we conduct our business in compliance with all relevant legislation, regulations, regulatory guidance and requirements and we can justify our practices and procedures used in assessing affordability in the event of a regulatory challenge.

 

Unfortunately, based on the above, we are not able to uphold your complaint as we are confident we carried out sufficient checks. However to resolve the complaint in an early stage with us, we are willing to refund £88.00 of interest paid on your last two loans as a gesture of goodwill and remove all entries made to your credit file. Kindly confirm your bank account number and sort-code, that we could process the refund.

 

We hope this will suffice to rectify the situation, kindly confirm if you would like to accept our offer as the full and final settlement of the complaint and that your complaint has been resolved to your satisfaction. In case you remain dissatisfied with our offer, you are welcome to come back to us and we will be happy to have a second look at your complaint.

 

This has been our final response. If this is not satisfactory to you then you have the right to refer your complaint to the Financial Ombudsman Service, free of charge – but you must do so within six months of the date of this letter.

 

If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if the Ombudsman believes that the delay was as a result of exceptional

circumstances.

 

You may contact them on the following details:

The Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London E14 9SR

Website: http://www.financial-ombudsman.org.uk

 

Consumer helpline:

0800 0234 567 (calls to this number are normally free for people ringing from a "fixed line" phone – but charges may apply if you call from a mobile phone)

0300 123 9123 (calls to this number are charged at the same rate as 01 or 02 numbers on mobile phone tariffs)

E-mail: complaint.info@financial-ombudsman.org.uk

Switchboard: 020 7964 1000

Fax: 020 7964 1001

http://www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm

 

_

 

Any advice on where to go next with QQs questions and Peachys response?

Total interest paid to peachy was £441

Share this post


Link to post
Share on other sites

£88 with removal of all loans from CRA.

Id bite their hand off! :) Remember - Removal of PDL info is beneficial to you if you are after a mortgage! :)

Make sure they remove EVERYTHING including all searches etc...!!!! :)

 

As for QQ - Give them the info they require. Wages paid in via Bank statements are fine.

Share this post


Link to post
Share on other sites

Hi,

 

Thanks for the reply, If I am to decline Peachys offer and refer it to the FO can the offer they made then be re-tracted?

 

Am I to make a counter offer before sending it to the FO?

 

Isn't a "gesture of goodwill" just admitting blame?

 

regards

Share this post


Link to post
Share on other sites

Hi,

 

So peachy and I have come to an agreement and I have just accepted an offer (quite a jump from the original offer!) of the following :

 

As final resolution of the complaint and to ensure we reach an amicable agreement, we are prepared to refund £214.92 of interest paid on your last three loans and remove all entries made to your credit file, including the default notice as goodwill gesture. Kindly confirm your bank account number and sort-code, that we could process the refund.

 

_

 

So that is 1 down, 8 to go!

 

When all is done and dusted, I shall total up the final results of everything and made a good donation towards the forum for everyones help!

Share this post


Link to post
Share on other sites

Hello,

 

It is now June the 8th, My complaints submitted on may the 2nd, I have only have one settlement from peachy.

 

The other companies have not bothered to email me or make contact, How long shall I wait until I take it further?

 

Regards

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...