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A few years ago I had a lot of cheque cashing loans rolled over with the Money Shop.

 

I only found out very recently that these are still classed as pay day loans and are therefore claimable for irresponsible lending.

 

I sent them the SAR which I recieved, and then the complaint.

 

After a bit of padding out they have sent me their 'final response', which is copied below.

 

Could someone please advise me how I should proceed.

Many thanks

 

Thank you for taking the time in bringing your complaint to my attention on 04 Apr 2019 and for giving me the chance to put things right. I have now finished my investigation.

 

complaint

Please read this part carefully as I will explain how I understand your complaint.

 

This is important in how I have reached my decision:

We received your complaint via email on 04/04/2019.

You believe that the loans were mis-sold to you by Your us.

You claimed that the loan payments which you paid to us left you with too little money and that the loans were unaffordable.

You claimed that you not afford these loans and after making the repayments to us, you had to borrow again to get through the next month.

You claimed that we should have realised from the number of times you borrowed that your debt problems were getting worse and it was not responsible to continue to lend to you.

Your lending took place between 10/03/2008 and 28/12/2012.

 

My Decision:

We handle complaints following rules set out by the Financial Conduct Authority (FCA).

 

One rule is that a customer must complain within 6 years of the problem.

Another rule is that if more than 6 have passed, you must complain within 3 years of knowing you could complain about the problem.

 

I can see that all of the loans that you are complaining about are more than 6 years old.

So for me to consider these loans, I need you to tell me why you didn’t complain about these loans until now.

 

Next Steps:

I appreciate that this may not be the response you may have been hoping for but I hope you can see how and why I have come to my decision.

If you are not satisfied, you may also ask for an independent review by the Financial Ombudsman Service.

 

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.

 

Please also see:

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

A leaflet from the Financial Ombudsman Service, “Your Complaint and the Ombudsman” is available by post only; please contact us if you would like a copy to be sent to you.

 

If you have any queries, please do not hesitate to contact us either via telephone or email using the details below and quoting the Case Reference number above. Our telephone opening hours are from 9am to 5pm Monday to Friday.

Yours faithfully,

 

Customer Relations Department T: 0800 280 2548 E: customerrelations@themoneyshop.co.uk

The Money Shop is a trading name of Instant Cash Loans Limited. Instant Cash Loans Limited is a company registered in England and Wales, Company Number 2685515 Registered Address: 6 Bevis Marks, London EC3A 7BA Regulated by the Financial Conduct Authority in relation to credit-related activities. VAT Registration Number: 896 1022 16

 

*Please note that for training and security purposes, telephone calls may be recorded Letter Code - FRL

 

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Hi Taximan 

 

Sorry is late - So with this they are quite right. Due to the age of your loans only some of them could potentially be considered. 

I would say anything from May 2010 onwards (6+3 rule) Should be sufficient. 

I would get this sent to the FOS Quick as ICL are in the process of winding up their Payday Loan Ops. 

 

Based upon this - It maybe prudent to remove any delay on referring it immediately.  

 

 

 

PDL_Claim_Guide.pdf

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The guide attached is the reclaim guide I wrote for the site. Pay close attention to the 6 + 3 section. 

Notice that it is 6 years from date of limitation + 3 from realising. i would say that 2016 is a fair estimate of the minus 3 years plus - 6 due to Limitations Act. 

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Hello

No need to apolgise, thanks for taking the time to help.

So from the above do you think I should go back to them now with that information or just go direct to the FOS?

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AFIAK....there is no such thing as the 6+3yrs rule...………..

 

the 3yrs only runs from when you reasonably became aware...

 

now if the creditor wrote to you at the correct address..then so be it...

if they didn't then the 3yrs has never started..?????

 

 


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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Update, I went back to them saying that I've only recently found out the loans were able to be complained about. They have now got back to me saying they need some more information and would like to speak to me over the phone. Should I do this or insist everything is kept in writing, or just ignore now and go straight to the FOS?

Thanks

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reply in writing only.

 

 


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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SO, they phoned me this morning asking me to answer some further questions. I refused and said I want to keep everything in writing, they refused and said they need to actually speak to me, this went back and forwards for a good few minutes with them saying they don't email customers as they need to ask over the phone. Strange given everything has been done by email so far.🙄 So I guess its off to the Ombudsman I go...

Edited by taximan45

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