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    • Thanks dx.   So a little update on this. Court awarded me a CCJ against this company, and I've been chasing them for a year now. Registered address changed to a lawyers office in London. I contacted this law office numerous times, and eventually one of the directors emailed me back and confirmed Payza was indeed their client and that they were not aware of any CCJ. So I sent him all the court papers as well as a copy from Trust Online about a month ago. So far the lawyers have ignored me further.   Now I'm looking at a way to perhaps do a third party debt order against their bank account. I know they had money in the bank account. The director had since been arrested in America after my CCJ against the company.   Am I correct in thinking I have to pay the fee and it gets added on to the CCJ amount? I'm about 75% sure I know what banks they were using, but don't want to waste the money on fees to be told they don't use that bank.   Is there a way to get their lawyer to say which bank they use?
    • Apologies in replying, I was up for 30 hours and had to catch up on sleep. And I don't have my laptop right now either.    I already sent in the defence on Tuesday  as that was the only day I could before the 24th. I did use the defence from CAG, I did try rewrite as best as I could removing a lot of the waffle, making the set points with the evidence.    When I hear from the court next - I believe a questionnaire and direction of some sort- I will update you and see what the next steps are.    Thanks a tonne!! For all of your advice! I wouldn't have been able to even get close to what I have with setting aside the ccj and the defence without you. I am very lucky to have the help I've been given from you all out of your own time. You are awesome!
    • this is a normal contract for when you forget your wallet and fuel up your car and then promise to pay them later. If you return righ5t away you dotn pay any extra and you can even demand your paperwork back from the garage as they then have no lawful reason to process it. Now is it a fair contract? well, yes and no, if you dotn have the means to pay for your fuel before you fill up then you are committing a criminal offence by doing so but as i many cases of this nature the company would rather farm all the aggro out to a third party who then screw you out of money rather than invoke the available law. So, as you werent offered the contract to consider before you fuelled up then none of it is enforceable and the petrol companies should get their heads around this rather than allow the third party just coin money out of the unfortunate or forgetful   what I fail to understand is why you didnt just pay for the fuel with the card that you were going to use to get the cash? As for the rest of your story listing your afflictions , that doesnt make any difference to a contract, if you are not capable of entering a contract you shouldnt be driving either.
    • Their Order is somewhat confusing...yes you get your set a side and they will not object.   No defence has ever been submitted so it can't stand.(unless you submitted a defence with your application ?) They then state Directions Questionnaires be issued (goes to allocation) and then the next paragraph states the claim is stayed.   Anyway the " Schedule  " is irrelevant it's the " ordered by consent " part that matters.....claim is stayed.     Typical Robbers Way     Andy    
    • Yes thanks both  Have been on the phone to a UC call centre today  to help someone in my Council ward, they said that there is NO paper based system, but if someone is blind or has a vulnerability that makes it difficult to access  then what TomTom has linked to is a way to do it.  That mythbuster link is very useful indeed. DWP are known for pushing easy options  (for them) but will help at a Jobcentre if no other way.
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
        • Like
      • 0 replies
kkatiew

Lending stream reclaim of payday loan interest

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I recently emailed Lending Stream to reclaim payday loan interest on unaffordable loans.

I received my reply with 28 minutes to go of the 8 week deadline as follows :

 

This is in reference to your correspondence dated 30th August 2018 about a complaint questioning the affordability of certain loans taken out with Lending Stream. We have reviewed your accounts and would like to share our findings.

 

Before doing so, we would like to highlight that Lending Stream conducts rigorous affordability assessments for all its customers on each and every loan application. Furthermore, we would like to clarify that Lending Stream does not offer payday loans where the full amount is due within a thirty-day period, nor do we allow for rollovers. The Lending Stream product is a monthly installment loan, with a typical tenure of 6 months, designed specifically to lower the monthly repayments and allow the customer to repay the loan over a longer period of time.

 

Our Findings

 

Between 16th April 2017 and 9th May 2018, you borrowed sixteen loans from Lending Stream with Loan IDs ...). Thirteen loans were successfully closed

 

.Below, we highlight the affordability checks conducted on each loan which was offered to you.

 

Loan ... was approved for 80 GBP on 16th April 2017 based on the following affordability information and checks:

· Your stated monthly income was 1650 GBP and you confirmed that you were in full-time employment. We also independently verified this income with third party sources

· Your stated monthly expenditure was 1125 GBP, leaving you a monthly disposable income of 525 GBP. Furthermore, we asked you to subdivide those expenses into specific categories, where you provided the following breakdown:

o 325 GBP for Mortgage / Rent

o 25 GBP for Utilities

o 325 GBP for Food

o 75 GBP for Transport

o 375 GBP for Other Payments

· Using national averages for expense categories where data is available as a third party verification of your submission, we revised upwards your total stated expenses and this still resulted in a viable disposable income

· The loan amount approved was 80 GBP which resulted in an average monthly payment to Lending Stream of 26.67 GBP, well within the overall disposable income

· A credit worthiness check was completed and the third party credit reference agency confirmed a rating which was satisfactory for the loan obligation.

 

For loans ….. an affordable payment arrangement is already set up for 99.99 GBP on 27th of every month.Based on the above information we conclude that proper and proportionate affordability checks were conducted on Loan …....

 

And the email goes on in this manner for each of the sixteen Loans.....very lengthy read

 

 

If you have any additional information that would be helpful in investigating this complaint, please send that to us. Otherwise, please consider this as our final response on the matter.

 

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 email

 

My question is, is my next stop the FOS ?

 

Thanks in advance.

Edited by dx100uk
edited

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please don't post details that can ID you

several ac..no's removed from above post


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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not sure where our ORL reclaim guide states to give them bank statements??

how did they get such detailed info about your spending?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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When you apply, you have to fill out your outgoings online. Tbh, because I needed the money I always put what I thought would make it look more attractive.

 

Also received this today as I asked for original email as I couldn't locate it...

 

This is in response to your recent correspondence.

 

We acknowledge that you want a copy of your original complaint.

 

We understand that you want Financial Ombudsman Services to intervene in this matter. However, we would like to mention that we never intend to miss or follow misleading practices towards our customers whenever they require our assistance.

 

We would like to highlight that Lending Stream conducts rigorous affordability assessments for all its customers on each and every loan application. Also we would like to conclude that proper and proportionate affordability checks were conducted at the time each loan was approved.

 

Please be noted that we have attached a copy of your original complaint and income and expenditure details to us with this email as per your request.

 

We consider this as a closure towards the matter and hope the above information helps .

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We understand that you want Financial Ombudsmanicon Services to intervene in this matter. However, we would like to mention that we never intend to miss or follow misleading practices towards our customers whenever they require our assistance.

 

That sounds like they could be running scared. "please dont go to the FOS about us"


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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TBH it matters NOT that you told a white lie ...they should have checked too!

if they had they would or should NOT have loaned you the monies..

 

off to the FOS, don't think we've seen one case lost whereby some had 16! loans!!

 

that's says it all.

 

might pay you to get relevant credit file information from the time

as if that was shot too with defaults etc etc

that will further add weight to a case I can see you will win hands down here.

 

dx

 

PS don't forget to read our PDL reclaiming guide in the stickies here.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Is there a template claim for the FOS or shall I just use plain English ?

 

Thanks in advance

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Thanks dx

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Hi all,

I sent a claim to the FOS and a couple of weeks ago

I received a letter to say they required more information such as bank statements and credit reports etc by 28 November which I emailed over.

Does anyone know current timescales on what happens next ?

 

Also in addition to the above,

I contacted Lending Stream back In July to ask if I could pay my debts off in smaller payments of £100 per month which they agreed to.

 

Should I still be making these payments?

 

Thanks

Edited by dx100uk
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p'haps not as much.

depends on what you REALLY owe.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Well I've just paid £126 which now leaves me with a final repayment of £90 odd. Then I'm free :D

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Update...I've had an email back from FOS today to say

Thank you for your providing your correspondence.

 

 

 

We will be in touch with you once your case has been allocated to an adjudicator for an assessment.

 

I'm assuming this may take some time to get assessed ?

 

Thanks

 

Katie

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Still awaiting an adjudicator to be assigned to my case....

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Still awaiting an adjudicator to be assigned to my case....

 

Update... received a letter from the FOS today to say that my case is still awaiting to be assigned to an adjudicator and it's likely to be a few more months before I hear from them again.

 

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Update email today, can someone let me know if you think I need to respond....

 

My understanding is that this complaint is about the mis-sale of Short Term Lending . Please tell me if I’ve missed something, or if you have anything to add at this point.   My role as an adjudicator is to give an independent opinion on the complaint. This means I’ll talk to you and the business, weigh up the facts of what’s happened, and then suggest a fair way to resolve the situation.   In most cases, we find a solution at this stage. This might be agreeing how the business should put things right – or sometimes that the business has already acted in a reasonable way. But if either you or the business disagree with what I say, we can review the complaint and tell you our final decision.

 

Thanks .

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