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    • images/posts removed . please do not post jpg picture images directly to a post . read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only . that way only logged-in,registered and approved caggers are the only ones that can download and see them . else anyone can see them caggers or not. dx
    • OK, I will do now.   I did look to black out certain things, but I was not sure what I should and should not redact and there was nothing on there that was personal enough for me to be concerned with being made public. So I am happy for all to view, but if you are kind enough to redact what is needed as per the forum rules, that would be amazing.     I was planning on collecting up other court cases they have lost, to refer to as part of my evidence, I'm not sure if this is worth doing or could just confuse matters?   But there seem to be many where the judge has ruled against them because of confusing and not clearly displayed signage, trespass, as well as their charge being £100, which is more than the Bevis case said was reasonable.    A quick search found this article as one example KBT cornwall lose case article.pdf   Lastly, I will go to the site to get updated images, but from google earth, you can see from the pictures the entrance states it is for the hotel parking, which I follwed instructions and gave my details to the hotel. Where I think my car was parked (it was that long ago I'm not exactly sure) there are signs on the opposite wall, but it was 12.30am, pitch black and they could not be seen.           Claimants_WS.pdf
    • yes but have the landowner paid this years contract fee. no evidence they have in the ws. pop it back up now if you wish. the forum is quiet i'll redact it for you so we have the info.   dx  
    • Thank you all so much for taking the time to comment and help, I really do appreciate it.   Just to elaborate a bit more on the background, just because my lack of knowledge of the process might mean I've actually done things along the way that I did not know what they were and so hadn't mention it.    When they decided to go to court, I was offered mediation, which I took. I offered to pay the reduced rate, just to make it go away, but insisted it was not an admission of guilt, it was a goodwill gesture to save us all the effort of court. They refused and wanted £250.    A court date was set, but in Leeds, then a couple weeks later I received another letter saying it had been moved to London.   I was not aware I had any say in which court it would be held at, but I now understand i have good reason to request it is moved to a local one to me, which is also local to the offending place, I will call the court tomorrow and explain that. But so far I have only been told what is happening, I've not been given the choice for anything.   They seem to be going down the route of a contract breach, not trespass which is interesting. There is a document in the evidence which has the agreement between themselves which I assumed meant they can pursue me.    I am going to visit the site again shortly, at midnight the time of the offence and take pictures to build a case file of the route I took to enter the car park, how it is in the hotel grounds and no signs can be seen.    Am I right in saying, the fact they do not actually have any pictures of my car in the location they say it was in, just because all of the pictures they have were at 12/30am and it was pitch black, I am going to say my car was parked correctly in the hotel side, not on their land and it is then up to them to prove otherwise, which they are not able to do, because the burden of proof lies with the claimant I think?
    • did you move during the duration of this agreement.   dx  
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GlossWhite

Payday loans - how far can I claim back?

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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

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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.


**Fko-Filee**

Receptaculum Ignis

 

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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

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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?

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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?

 

-

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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

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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.


**Fko-Filee**

Receptaculum Ignis

 

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Hey, No problem thank you :)

 

I really appreciate your time and effort

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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


**Fko-Filee**

Receptaculum Ignis

 

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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

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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

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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

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£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.


**Fko-Filee**

Receptaculum Ignis

 

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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

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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!

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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

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