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Hi all,
I hope you are all well in this strange time?

I'm trying to assist my cousin in a complaint that she has with the PDL Uncle Buck, and I've reached a stumbling block.

Loan Amount:       £400
Charge for Credit: £350
Agreement Date: 05-Oct-2018
Disputed Balance: £276.79

From initial information I've seen it's been a comedy of errors with there administration side, but for her, misery.
Original Payment schedule sent out to her started from 26.03.2019 - she questioned this. They never replied, so took it as that was 1st payment date. 7th Nov 18 she gets a Missing payment and a charge.
Questions this, they adamant charge stands as it was a clerical error, she again disputes.
3 weeks of in arrears messages, they eventually agree to refund £15 - but now insist on I&E as she missed the payment - no change in circumstances. She asked for 3 days grace til payday. No reply. 
Default notice issued.

This eventually gets it self sorted and they missed payment was factored into the remaining.

Dec 18 her fiancee passed away, no way to afford the payments & funeral costs until insurance settles  - UB continue to harass despite telling them the issues.
Some how she finds the cash an pays something towards the balance, just to stop the harrassement.

She loses her job in Feb 2019 - informs people she owe money to, that now on uni credit. UB state that if she pays x amount they can do a payment plan as she's already in arrears.
I told her it's against FCA Conc regs, she emails them - nothing back.
No chase emails / calls or anything till end Apr.
Settlement offer - pay £355 and we will take care of the remaining balance of £535
she emails them to say she can afford £50 pcm based on the the settlement - they agree.
August she gets a statement, remaining balance £235 - they had not used the settlement figure as this was to be paid in full only and also incurred missed payment charges(?)

I write an email for her email requesting DSAR etc sent on 1st Sep - acknowledged 10th Sep - info sent through 10th Oct - Account was placed on hold from sept til receipt of DSAR.

DSAR shows - comment of being financial difficulty, on UC, payment schedule - 9 call attempts, 4 CPA attempts (she requested this to be cancelled 2mths after taking out loan)
list of charges and interest after being informed on UC and put into payment plan.

Complaint goes off - complaint partly upheld - £235 still outstanding.
Complaint again. Account on Hold again.
Fast forward to Jan 2020 - Complaint still being looked into will have response within 6weeks..
Email received - Settlement remaining Balance £320 (they added further charges!) can do 40% settlement in 2 payments. Email goes back stating it's under investigation, would accept £150 settlement but over 5 payments.
No reply.
21st Feb - Email Settlement remaining balance £276.79 - can offer settlement figure of 195 but require a payment of £55 within 3days --- this is still despite her being on UC and no reply to settlement.
She replies - stating can not afford £55, can do £10 pcm to settle. - They accept, but the balance is now 266.79 and not the 195. No acknowledgement.
Payment schedule issued for 10pcm totaling 266.79 -- questioned again - no reply or acknowledgement.

March - she notices that UB is no longer on one of her Credit Reports. I told her to check Credit Karma & Totally Money - Both show that they are marked as "Settled"  £0 balance from 03/03/2020
So left it as that.

May she gets a call from UB collections, chasing £266.79 as she's defaulted again on her agreement (note - they've never acknowledged any questions) - she informs them that as far as she and her credit reports are concerned she owes nothing.
Also stated that even if she did - it should be written off, incorrect balances and reporting and as it's gone against CONC where they insisted on a Payment to set up a payment plan.

Person raises a complaint on her behalf and said she is going to get the Credit reports amended as it was a clerical error.
26th May - Sum Of arrears notice " On 05-10-2018 you entered into a fixed sum credit agreement with us under which you borrowed £400.00 repayable by 6 monthly instalments.

Your arrears under the loan agreement The opening balance (which is the total amount that is due and owing under this agreement) at the date of the previous Notice of Sums in Arrears (dated 26-11-2019) that we sent to you was £318.27. On this date, the payments that you had failed to pay when due under your credit agreement amounted to £259.29. We are required to periodically send you Notices of Sums in Arrears, at intervals of not more than six months, while you remain behind with the repayments due under your credit agreement. The balance now due under your loan agreement on the date of this notice is £266.79. The total amount of your arrears (the sums that you have failed to pay in full when due in accordance with the terms of your loan agreement) is £207.81"

29th May - 

We acknowledge your complaint and are sorry to learn you are dissatisfied with our service.
Uncle Buck Finance LLP T/A Uncle Buck (the Partnership) was placed into Administration on 27 March 2020. I confirm that Paul Boyle, David Clements and Tony Murphy of Harrisons Business Recovery & Insolvency (London) Limited were appointed Joint Administrators of the Partnership. They are licensed to act as Insolvency Practitioners by the ICAEW. They are bound by the Insolvency Code of Ethics when carrying out all professional work relating to an insolvency appointment.


Today - Final Response:
 

How Uncle Buck understands your complaint

You are unhappy that according to your credit file the balance of your loan had been settled and now you have been advised this is incorrect due to an error made by an agent.

Our Investigation and outcomes 
An email was sent to you on the 21/2/20 offering a settlement figure of £193.75 against your outstanding balance of £276.79 and that if accepted this would close your account. We advised that we needed a payment of £55.35 to hold this settlement offer.

You responded to the email the same day advising that you were unable to take advantage of the offer and asked if we would accept your original offer of £10 per month. We responded on the 24/2/20 asking you to complete an income and expenditure form. This was sent back to us the same day. On the 25/2/20 we advised you that we accepted the offer of £10 per month.  You then responded with the date you would be making the payments, confirmation of this was sent on the 26/2/20.  You then queried the amount outstanding; Claire then spoke to you to discuss why the balance was not the £193.75 as this was a settlement offer. < She has never spoken to anyone about this. -- the person who raised the complaint said an email was sent out!

As previously advised the agent who made you a partial settlement offer on the 21/2/20 made an error and added a code to your account which meant that your credit file was shown as partially settled. This has now been corrected.

I apologise that this error was made and will be upholding your complaint.  However, I can not agree to write off the balance due to this error.  
At no time did you receive correspondence from Uncle Buck advising that your balance had been paid.  You were advised on several occasions after this date what the balance was and a payment plan was agreed.

Please contact our collections department to discuss the arrears on your account by the 11/5/20.  If no contact is made then collections activity will commence and your account will be removed from write only.

This is our final response. Please note, any complaints raised to the Financial Ombudsman Service (FOS), will be directed to Harrisons Business Recovery & Insolvency (London) Limited.  They are no longer dealing with any complaints raised for the Partnership.


And that's where I come to a block - they are saying that FOS will not deal with this complaint, really do not know what next steps are for her to get this resolved.


Am I correct that they should not be asking for a payment to agree a settlement especially when someone has declared financial difficulty

Any advice would as always be grateful

 

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was her cr edit fi le shot anyway when she took this loan out?

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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She had bad reports before the loan taken out - but all defaults that were on there had dropped off by July 18.

 

According to a ClearScore summary she saved from Sep 18:
2 x ShopDirect - paid on time - both £500 bal C/limits £600
1 x mobile - paid on time
6 x credit cards - Low limit (under 300) High APR (Cap one, 2x new day, 118, tesco, vanquis) min payment always made on on time, but using about 80% Balance
1 x loan - Likelyloan take out Aug 18.


She was earning 1.2k pcm when UB loan was taken out until her circumstances changed 
(Fiancee passed away, couldnt afford rent, spiralled into depression, signed off, made redundant - further into depression)

 

She say's Credit Karma states the following now for UB (report as of today):

Account detail: Uncle Buck
Currently open
Current balance: £0
Status: Delinquent
Last updated: 14 Apr 2020
Start date: 05 Oct 2018
PAYMENT INFORMATION
Opening balance: £535
Default balance: £425

Can not get Totally money update til next week.

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Stop doing anything with the loan. Wait until it gets sold to a DCA - Which it will more than likely. 

UB are not in a position with the Partnership to take legal action. 

 

Concentrate on other things and put this one to bed in a file in case it rears its head again


 

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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It was my first thought but she wanted reassurance that they can't do anything.

Tried to tell her no one will come knocking

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no-one can.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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