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    • Yes, my initial view is that @unclebulgaria67 is probably right and that because it was a magistrate's warrant, it would be the energy company that would have been in control of the situation directly. Unfortunately this will be much more difficult to deal with then dealing directly with Marston but anyway if you give us your details as requested, we can at least get Outlook from that direction as well. I'm also wondering about the position of your landlord in this. As you have taken up a tenancy in a particular property then I would have thought that one of the terms of the tenancy would be that you should be entitled to quiet enjoyment. Although the landlord may say that it is not their fault and it is down to the previous tenant, at the end of the day you have a contract with the landlord who has certain responsibilities. I think we may consider involving the landlord in this as well. You say that there have been letters addressed to the previous tenant. What have you done with those?
    • Yes please. We have certain direct access to Marston and we may be able to get someone to look at this at a senior level. Please email us as requested with your own contact details and name of previous tenant.   We can't guarantee any particular result but we can promise you that it will be looked at.
    • they say in letter dated 20/01/20 that the agreement was terminated on 30 July 2017 and cannot be terminated twice, so your VT request is invalid. startline issued termination or Default notices on the following dates: letter: 30/03/2017 termination notice  liable for payment: arreaers to date : £365.38 the balance of: £10,586.50 total: £10,951.88 7 days notice else ROG+sums outstanding. ....................... Letter: 11/12/2017 Default Notice nature of breach: instalments of £211.73 due 30th each month. action to remedy: payment of arrears £449.23 by 30-12-17 other info: payments to date: £5226.91 outstanding: £9351.89 less rebate: £2251.41 Amount Due: £7100.48 if you act before 30-12-17 and have paid £7056.90 you can VT. ............ Letter: 27-07-2018 Default Notice refs a dn dated:31/05/2016 - there is no such DN in an SAR return. nature of breach: instalments of £211.73 on 30th each month. action to remedy: payment of arrears £226.73 by 15-08-2018 other info: on or after date 27-07-2018 we shall terminate,withdraw possesion and recoversums due upon termination. total paid: £6250.91 outstanding: £7647.28 less rebate: £1590.47 Amount Due: £6065.81 if you act before 15-08-18 and have paid £7056.90 you can VT. ........................  letter: 01-10-2018 termination notice  liable for payment: arreaers to date : £325.06 the balance of: £6079.75 total: £6404.81 7 days notice else ROG+sums outstanding. ……………………...     NEW ORDER STATEMENTS.pdf Doc1.pdf
    • thank you.   have you had issues paying credit before you took any of these out?   i'e were you keeping a good handle upon your credit file and it wasn't shot with any defaults or payment markers during the period when you applied and were successful in getting any of this additional credit?   my thoughts are ...should the above not be the case and your credit worthiness was good... so couldn't p'haps introduce some irresponsible lending complaints in association to them … it might be an idea to give all your creditors the heads up that times are hard and you wish them to help you, as they are duty bound to do, by freezing interest and any penalty fees to allow you to ride out this present financial hardship till things improve ...   how does that sound...   dx  
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mystirio

Lowell and Provi doorstep loan CCA

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looks like they are trying the ppi miss sold one but this is neither

this is irresponsible lending

 

I have e mail FOS saying this was irresponsible lending and have stated that they will not consider it and I think FOS are interested in this claim

due to the ongoing issue with provi

we will wait to see what FOS comes up with

 

thanks DX

 

Thank you for your email to the Financial Conduct Authority (FCA).

 

I understand that you are looking to make a complaint to Provident about irresponsible lending and the firm have rejected this on the basis that it is more than six years ago. You want to understand if the six years is from inception or six years after the last payment was made.

 

FCA Rules

DISP 1.8 Complaints time barring rule

If a respondent receives a complaint which is outside the time limits for referral to the Financial Ombudsman Service it may reject the complaint without considering the merits, but must explain this to the complainant in a final response in accordance with DISP 1.6.2R.

 

The complaints handling rules set time limits for consumers to refer complaints to the Ombudsman. After these time limits have expired, the Ombudsman will need the firms consent to look into a complaint.

 

Generally, these time limits are:

 

  • six months from the business sending the consumer a final response; and
  • six years from the event the consumer is complaining about (or three years from when the consumer knew, or could reasonably have known, they had cause to complaint).

Accordingly the rules do not specify whether the period begins from inception or from the date of the last payment as you are asking, rather from when you knew or could have reasonably known. If you are complaining about mis-selling then the mis-selling would have occurred at the beginning of the term of the contract and not at the date of the last payment.

 

I hope this information has been helpful.

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well I don't think the irresponsible lending stuff that we saw against PDLs was even around 3yrs ago?


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therefore dx what your reccomendation send it to FOS or wait to see wgat they come back to me with their response the fos I mean

because it is not miss selling it is iresponsible lending

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id wait

the FOS will pick up on things like that I'm sure

we've not seen the FOS ever mention statute barring toward any IRL claims to date


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from FOS

Hi

 

As the firm will not accept a complaint from you on this matter then the Financial Ombudsman Service will not have jurisdiction to take a complaint from you.

 

That would leave you with seeking out your own independent legal advice on this matter.

 

 

The Citizens Advice Bureau provide some legal guidance and may be able to provide you with some guidance on your next steps legally.

 

can Andy englighten us on this one???

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just read on another forum the six plus 3 year rule anyone know about this???

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thanks dx

I am going to write to provi again asking to reconsider the complaint

also will add some extra information Il put it up here first

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have sent the form to FOS asking to look at my complaint if they will is another matter

however without trying you wont know

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looking at other threads on the web fos have considered dates later than 6yearsold

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just had a letter from FOS they are writing to provi requiring them to supply

all the documents they have

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Reply from fos

provi wont let fos look at the loans as it is over 6 years and they dont keep documents for longer than 6 years

 

however, told fos that provi have supplied me with accounts which span for 9 years

and that also they shouldn't need to talk to their agent regarding my credit search as they should have done this themselves

 

fos came back stating that they will look at the paperwork again and contact provi

 

Might not get me anything but its another official complaint against provi

 

when they wont want anymore

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e mail from FOS investigator he is now in receipt of my files and will investigate further

 

however from lowlife asking if i was willing to make an early reduced payment this letter is now in the drawer

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You're not going to be making any payment to them are you??


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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they will be lucky:madgrin:

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Excellent, very well done! :thumb:


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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update from FOS

they have sent me a letter stating that they have had so many people who are quoting the 3 year period that they are looking at cases to see if

the arguments are justified in following the complaint

 

its just a matter of waiting

however if they do pass that they must pay then this will open the flood gate for so many people who have been treated wrongly

thanks

Edited by dx100uk
spacing

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yes a little dicky bird told me the FOS/FCA are seriously looking at this mis-interpretation of the CCL 3 yrs stuff


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