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    • The questionable service from the surgery you mention TJ could do with their methods being passed onto the Care Quality Commission and PALS.    Watching Panorama this week the shared ownership scheme needs a serious review to ensure the system helps people not hinder. There must also be developments in the shared ownership scheme with unsafe cladding compounding the terrible financial situation the developers and landlords have put people in.   From the Grenfell enquiry, to me the cladding was mis sold as being entirely inflammable and wondered if the process of fitting the cladding, the council also had the responsibility of conducting their own fire tests. In addition to those thoughts, I'm sure the fire service and resident associations made in clear over time for Grenfell and other developments in the UK buildings did not comply to stringent fire and safety regulations.
    • Good morning.    I would like some advice please.    I recently (19th nov) bought a Samsung Galaxy S20+ from currys. I did open and set up the phone to try it out but 1) wasn’t keen on it and 2) had trouble with the usb connection when trying to connect with my car stereo.   I decided that I would seek to return it, but only on trying to return it came across the stipulation that if data/software has been installed then a refund would not be issued and after calling was told this was due to GDPR. I did point out to them that phone providers will issue full refunds even if the phone has been set-up and also that in order to be able to test the phone it requires setting up and software/data being installed but was told that it’s their policy.   I acknowledge that I may have handled it more than is reasonable in a shop as you wouldn’t be able to install software in a store, however the phone did need to be set up in order to test it, the phone has been returned back to factory settings and didn’t leave a case or the plastic film for the two days I used it for. Therefore I do not believe it was handled more than necessary.   Having looked at the CCR and CRA I called back to state that their store policy is super erred by the previously mentioned regulations and that their policy contradicts the Consumer Regulations Act.   As you cannot properly test the phone without having to install software on it, their policy creates an unfair term which I told the customer service agent over the phone who spoke to her manager and told me to contact their legal department.   I am still within the 14 day notice of return period so wish to try and preferable use this route.   Any advice at all please?
    • Here is all the details (hopefully) in one post.   The Ford Kuga was purchased from Fast Motor Finance LTD Crawley on 8th September 20 Mileage at purchase was 109520 through HP fiancé via Advance Finance Grimsby   The car was covered by a 6 month warranty that includes engine & gearbox but excludes clutches, flywheels or any wear & tear (Taken from the garages website)    Service History:   08-04-2013 Pre-delivery Inspection 26-11-2013 12809 Service (no paperwork just stamped book) 09-07-2014 25963 Service (no paperwork just stamped book) 09-02-2015 36814 Service (first Invoiced service but no paperwork just stamped book). Gearbox service would of probably been done here but can't verify. 16-02-2016 50385 Service  (Full service, paperwork and stamped book) 31-03-2017 64680 Service (Full Service, paperwork & stamped book) 13-02-2018 76988 Service ( Full service with gearbox service, paperwork & book stamp) 29-03-2019 92592 Service (Full service with paperwork & book stamp) 11-02-2020 106322 Service (Basic Service, no paperwork but book stamp)   As there was no paperwork for last service the garage which serviced the car were able to email over that the service was a basic oil & water change and that the gearbox oil and filters was not changed.   At the beginning of November the gearbox started making some noise and was having trouble selecting gear.   The finance company  asked for the car to be taken to a VAT registered garage to find out what the problem was and not to drive it further.   After the garage looked at the car the estimate was for a full service of the gearbox which would be £370 but because it had gone over Ford recommended mileage for the gearbox there would be no guarantee this would clear the problem and that would mean a replacement gearbox would be needed.   Since picking the car up in September the car has driven 1500 miles.   Spoke to the garage as was informed that the car was over 30 days old and there was nothing they could do and the gearbox would not be covered by the warranty as this would be normal wear and tear!   The warranty company said exactly the same and would not entertain us.   After countless calls and emails to Advantage finance a formal complaint was raised and they finally agreed to send one of their mechanics to inspect the car last week 19th November. The mechanics ahs reported back to Advantage that the noise is down to wear and tear and Advantage have closed the complaint and are sending out a deadlock letter that includes a copy of the mechanics report.   Would their mechanic have to be DEKRA registered to complete the report or Advance Finance own mechanic?   This now means that the car cannot be driven is still at the garage and will need a minimum of £370 to make it driveable on a car that has been driven 1500 miles since collection without a guarantee that this will cure the problem.   We are both key workers that need the car to travel to and from work as well as take our son to nursery, and at the moment having to rely of friends and family to help out with lifts.   I have spoken to Ford and they have told me these car need to have the gearbox serviced at around 35k and at a very maximum of 37.5k and have put this on letterheaded paper, I have also emailed a couple of other Ford and independent dealers to get details of this as well.   Would it be worth getting an AA or RAC inspection done to check the gearbox and to see if there is any other problems with the car.   Thanks again to everyone epically dx & Bank fodder who have helped me with advice.   JJ    
    • nothing they can do anyway so..   dx
    • I've successfully had a Claim discontinued using the exact stages recommended by Andy and DX. They are outstanding individuals in the fight against these dreadful DCA's! Good luck.   'L' will likely pull out at the eleventh hour but mean time try to fob you off with bank giro slip copies as Contract proof lol. Stand your ground!   Also my Letter Before Action actually came AFTER the  Money claim. They can't even get the pre-action protocol right.   Another thing they tried was pretending to send papers that looked like they were from the court for me to sign re: Claims Track.. Boxes had been pre-checked by them to dupe me into signing their preferred action. I printed out my own and sent those to the court instead. 
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Hi All,

 

Can someone let me know what my chances of getting a refund from these PDL is? All the loans were repaid, except my last ever one with Payday Express which remains unpaid as a default on my credit file.

 

I have read elsewhere that proving affordability is key, but in the case of PDUK/Express despite them being smaller/less loans - can I expect them to atleast write-off/remove the default on the basis, my credit file was trashed, my income was circa £1000k p/m at the time and I had numerous other loans out with both their sister company and other PDL?

 

I have issued the template letter to all four companies, but none have yet to respond.

 

QuickQuid:

 

Lxsqxfx.png

 

 

Payday Express/PDUK:

 

Still waiting on Express to send a statement, but PDUK and Payday Express amounts to 7 loans from sister/same companies also during the same time period I was borrowing from QQ. Circa £800 interest from 2012.

 

Wonga:

 

Statement received, corroborates my own bank statements - sent the template letter but no response as of yet.

 

fhFHK22.png

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Nuff Said :)

So, What Should I Be Looking For?

 

There are no set circumstances in reclaiming for what we call Irresponsible Lending. But there are

some noticeable signs that a reclaim may be successful if you have suffered from the list below;

- Lots of loans over a period. Either Same or Different Companies

- Loans with increasing values over a period from either the same or different companies.

- Poor affordability checks / no checks completed at all or Missing bank statements

- No Credit Check completed.

 

- Checks completed but affordable income was quite low - IE 15% after all repayments

- Lending more after 1 account defaulted with the same lender

- Not checking other companies under the same umbrella that there were running / outstanding loans

 

- Lots of charges IE £5 for failed payment attempt - £35 for failed DD - £15 for letter sent etc

- Repayments were unaffordable on the amount lent which the chances of default were high

- Signs of gambling / addiction if checking bank statement if they were requested

 

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Thanks for the heads up on that guide.

 

Just one other query I have, during the same period around 2010-11 I stupidly managed to get a Cap 1 credit card - reading that guide makes it seem like I could argue a case for irresponsible lending for the credit card? Would it be worthwhile trying to pursue that also? At that time I would have had over 3000k in overdraft, a Vanquis Credit Card and 4-5 payday loans on the go.

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Oh I see �� Unfortunately we cannot comment on other forums I'm afraid however I would say that in you case... It depends upon the APR and credit limit... PDLs are easier to claim on than CCs

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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I sent this:

 

To whom it may concern:

 

I have had 24 Loans from you between 2009 and 2013.

 

Your loans trapped me into a debt spiral, with the repayment taking so much of my wages that I had to borrow again to cover my next month expenses.

For this period my income averaged about £1000 a month.

My living expenses were roughly: rent/mortgage £300, Utilities and bills £200. Transport costs £100. Clothes £50, Food £200, toiletries, Total £850 per month. Moreover, you would have seen that the money was being put forward to gambling firms if my bank statements had been checked. This shows that there was no way I could afford these loans. When I repaid them, I had to borrow again to get through the next month.

 

You should have realised from the number of times I rolled loans or borrowed again that my debt problems were getting worse. It was not responsible to continue to lend to me.

The statements you have provided detail approximately 24 loans including numerous roll overs, some equating to three month roll overs.

My credit reports would have shown my other debt repayments and problems including late payments.

You should never have given me these unaffordable loans.

I would like to ask you to refund the interest and extra charges I paid. The Financial Ombudsman suggests that statutory interest is added to this sort of refund.

I only found out I could make this sort of irresponsible lending complaint in February 2018, I understand the Financial Ombudsman will consider all my loans, including those that are more than 6 years old.

Kind Regards,

 

Credit Limit was £1000 and APR was from memory about 35-40%

 

Oh I see �� Unfortunately I cannot comment on Debt Camel I'm afraid however I would say that in you case... It depends upon the APR and credit limit... PDLs are easier to claim on than CCs

 

Credit Limit was £1000 and APR was from memory about 35-40%

Edited by dx100uk
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Yes well you need to balance this out...

At what stage was the CC offered? The APR would represent the fact that you had a default or had a poor credit history so its not just a case of reclaiming against a CC...

 

Its mostly large increases in Credit Limits that its viewed as being irresponsible...

If i could be honest about your first post, I dont think that you will get the refund of what you want as per the spreadsheets you posted up...

Not putting you down i promise however, there has to be some give - IE 2 loans close together isnt really Irresponsible lending if small amounts however, you have a very good case with QQ and Wonga but im afraid that if youd like my help you need to give me more info.

 

We need to know loan amounts... etc to give you the best advice :)

Ignore your total refund column... This is not what you will get and reclaiming doesnt work like that :)

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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As soon as I get the SAR back from Capital 1 I will provide more detail, I don't recall any credit limit increases to be honest - I believe it was a straight £1000 with high APR from the offset.

 

With re. to your comments on the smaller loans i.e. Payday UK, Express and Money Shop.

 

PDUK amounts to 1 loan rolled over 2 times paid on third, Payday Express I will confirm in detail but also from 2009-2012 looking at my statements it totals 7 loans and finally The Money Shop in 2009 16 loans total £2750.

 

are you stating I am calculating the interest incorrectly, or just to not expect that amount if any back?

Edited by dx100uk
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There is no set way to calculate a refund because what is reasonable for a compensation claim is different to each person and how it is viewed by the FOS etc...

 

Yes they may offer 8 pc on top similar to PPI but this isn't PPI...

Let's say you had 15 loans in a short space of time, but you complain... It gets rejected... You go to FOS

They rule in your favour saying 11 were lent irresponsibly...

 

They would consider the below:

 

Refund of interest equal to 11 loans with possible 8 percent *OR* Goodwill Gesture

Removal of information from credit file for All loans

Removal of any searched

Write off outstanding debt

 

Did you get all that from the forum your referred to... There is no black and white scenario... Each is different...

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Ive just had another thought... You have loans going back further then 6 years... This may prove troublesome as its on a case by case basis for IRR Lending...

But if i may ask, before your next steps after the responses - Come back here and we will advise... :)

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Afternoon all,

 

If PDUK/Moneyshop/Express are messing me around with regards to statement of accounts then can i proceed directly to FOS?

 

They started with refusing to send it without payment,

then I disputed that they couldn't charge me to make a complaint and I needed that information in order to complain.

 

They then agreed to provide it,

but have sent partial information,

I have bank statements with contradicts the statements they have sent me etc.

 

They've sent account info for 1/3 of the umbrellas orgs,

despite repeated asking for ALL transactions across all companies

- just generally being difficult.

Edited by dx100uk
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Well we are on!

 

Both PDUK and QuickQuid have responded with FRL stating they do not agree and to go to FOS now.

 

So I have got SOAs from QQ, PDUK, The Moneyshop, Wageday Advance, Wonga, Sunny and Mr Lender. I have put all these SOAs into a document, along with my complaint and the FRL - I have also included bank statements from that time showing my £2.5k overdraft maxed, credit card default, store catalogue default, mobile phone default. I also have included a SAR from HMRC showing my earnings for the years in question.

 

Will this evidence be sufficient enough to now send to the FOS?

 

Still no word from Payday Express re the SOA from their Nexus System.

 

Thanks

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  • 2 months later...

Update:

 

Finally had some movement on my 6 complaints, the Wonga one is being disputed by them due to age so requires more investigation apparently.

 

The one with PaydayUK has been rejected by the adjudicator as they feel it was affordable, however I've asked for this to go to the ombudsman along with a letter from The Money Shop (another sister company) which details I actually had a default with their sister company for unpaid loans prior to them lending to me under a different company name.

 

The others I've yet to hear back on FOS seem to be dragging their feet.

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Welcome back Dale...

 

FOS do take a while so dont worry - All i can say is just keep an open mind.

If the Ombudsman rejects then unfortunately that isnt much more you can do.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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  • 1 month later...

Update 2...

 

FOS still dragging their feet, only one has got to an adjudicator stage which I rejected. The primary one which is QQ is under some form of review, to see if they will uphold the complaint as some of the loans date back to 2010.

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