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Wonga to pay redress for unfair debt collection practices – FCA - £2.6m to 45k custs

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  • Wonga to pay redress for unfair debt collection practices – FCA - £2.6m to 45k custs

    Call 0800 840 0836 to claim redress


    Wonga, the UK’s biggest payday lender, has entered an agreement with the Financial Conduct Authority (FCA) which will see it pay compensation of over £2.6m to around 45,000 customers for unfair and misleading debt collection practices.
    In an investigation begun by the Office of Fair Trading (OFT) and taken forward by the FCA, Wonga was found to have sent letters to customers in arrears from non-existent law firms, threatening legal action. In some instances, Wonga also added charges to customers’ accounts to cover the administration fees associated with sending the letters.
    Clive Adamson, director of supervision at the FCA, said:
    “Wonga’s misconduct was very serious because it had the effect of exacerbating an already difficult situation for customers in arrears. We are pleased that Wonga has been working with us to put matters right for its customers and to ensure that these historical practices are truly a thing of the past.
    “The FCA expects firms to pay particular attention to fair treatment of those who have difficulty in meeting their loan repayments.”
    The failings, which took place between October 2008 and November 2010, saw Wonga, and other companies within its group, use unfair debt collection practices which put customers under great pressure to make loan repayments that many could not afford.
    During this time, Wonga sent communications to customers in arrears under the names “Chainey, D’Amato & Shannon” and “Barker and Lowe Legal Recoveries”, leading customers to believe that their outstanding debt had been passed to a law firm, or other third party. Further legal action was threatened if the debt was not repaid.
    In fact, neither Chainey D’Amato & Shannon nor Barker & Lowe existed and Wonga was using this tactic to maximise collections by piling the pressure on customers.
    Wonga is the UK’s biggest payday lender; in 2012 it made nearly four million loans to over one million customers. The agreement with the FCA says:
    • Wonga must identify and pay redress to all affected customers. While some customers will receive cash, others will likely have their outstanding balance reduced.
    • The FCA has appointed a skilled person to oversee the process and ensure that affected customers get what they are owed.

    The process will start by mid-July with compensation likely to be paid from the end of July. It is thought that up to 45,000 customers could receive, between them, a total of over £2.6m in compensation.
    The poor practice was uncovered by the former consumer credit regulator, the OFT, in 2011 in response to formal Notices requiring Wonga to disclose certain information about its debt collection practices. The FCA took over the investigation on 1 April 2014 when it became responsible for consumer credit.
    In April 2014, Wonga also reported to the FCA that it had discovered system errors relating to the calculation of the amount owing on customer accounts where fees, balance adjustments or the timing used to calculate interest were not consistently applied.
    Customers do not need to take any action: Wonga will be contacting those that have been affected by these issues shortly.
    Notes for editors

    1. The Voluntary Application for Imposition of Requirement
    2. Compensation will consist of the following:
      • A refund of charges on referral to Barker and Lowe/Chainey D’Amato which has been estimated at £400,000 and will be provided to customers who paid these fees.
      • A flat rate £50 settlement offer to all 45,000 customers sent letters for distress and inconvenience.
      • In some cases, an additional compensation payment dependent on individual circumstances.

    3. In March 2014, the FCA announced a thematic review into the way payday lenders and other high cost short term lenders collect debts and manage borrowers in arrears and forbearance.
    4. On 1 April 2014, the FCA took over responsibility for consumer credit and the regulation of 50,000 consumer credit firms, including logbook lenders, payday lenders and debt management firms.
    5. On 1 April 2013 the FCA became responsible for the conduct supervision of all regulated financial firms and the prudential supervision of those not supervised by the Prudential Regulation Authority (PRA).
    6. The FCA has an overarching strategic objective of ensuring the relevant markets function well. To support this it has three operational objectives: to secure an appropriate degree of protection for consumers; to protect and enhance the integrity of the UK financial system; and to promote effective competition in the interests of consumers.
    7. Find out more information about the FCA.



    More...
    Tags: None

  • #2
    Re: Wonga to pay redress for unfair debt collection practices – Financial Conduct Aut

    Voluntary Application for Imposition of Requirement
    WONGA GROUP LIMITED
    CCl-IP-039350
    To: The Financial Conduct Authority ("the FCA")
    FAO: Philip Salter
    Wonga Group Limited ("Wonga"), as an authorised person with a permission granted under Part 4A of the Financial
    Services and Markets Act 2000 ("the Act"), hereby applies to the FCA for the imposition of the requirement set out in
    the Schedule below:
    SCHEDULE Part A
    1. General
    l.l.ln 2011, in response to formal Notices requiring the disclosure of certain information, Wonga provided the
    OFT with documents some of which revealed that between approximately October 2008 and November
    2010 Wonga, and certain other companies within its group, employed unfair debt collection practices.
    Communications were issued to customers wnder the names "Chainey, 0' Amato & Shannon" and "Barker
    and Lowe Legal Recoveries", giving the misleading impression that the customers' outstanding debts had
    been passed on to a law firm (or other third party) with the threat of adverse consequences for the
    customers if the debts were not repaid quickly. In fact, neither "Chainey D'Amato & Shannon" nor "Barker
    & Lowe Legal Recoveries" existed as legal entities. This practice was adopted with a view to maximising
    Wonga's collections by unfairly increasing pressure on customers. Charges were added to customer
    accounts before and/or after these letters were sent out.
    1.2. 1n April 2014, Wonga reported to the FCA that it had discovered certain unintentional system errors. These
    errors relate to the calculation of customers' balances where the inputs to these calculations such as fees,
    balance adjustments or the timing used to calculate interest were not consistently applied .
    1.3. As set out in Section 2 below, Wonga is required to (a) conduct a consumer redress scheme overseen by a
    skilled person appointed by the FCA under s166 of the Act as a result of the circumstances set out in
    paragraph l.l.and (b) review the relevant systems to identify the extent to which customers have been
    affected and undertake a consumer redress scheme accordingly with the aim of establishing who may have
    suffered detriment and then paying such redress as is appropriate as a resu It of the circumstances set out in
    paragraph 1.2.
    2. Requirement
    2.1. Wonga is required to conduct a consumer redress scheme whereby it determines whether the unfair debt
    collection practices described in paragraph 1.1 above caused detriment, loss or damage to relevant
    customers (whether its own customers or those of its group companies).
    2.2. Wonga is required to conduct a consumer redress scheme whereby it determines whether the
    unintentional systems errors described in paragraph 1.2 above caused detriment, loss or damage to
    relevant customers (whether its own customers or those of its group companies).
    2.3. To the extent that Wonga establishes that customers have suffered detriment, loss or damage through the
    exercise described in paragraphs 2.1 and 2.2 above Wonga must then determine what the redress should
    be and pay the redress to affected customers.
    2.4. The consumer redress scheme under paragraph 2.1 above will be overseen by a skilled person appointed by
    the FCA under s166 ofthe Act.
    ........... {4~ ................. .
    Tim Weller for and on behalf of Wonga
    Date:U'June 2014
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: Wonga to pay redress for unfair debt collection practices – Financial Conduct Aut

      Excellent and long overdue.

      Wonga are not the only people who invent solicitors and other fictitious organisations in order to pressurize debtors into repaying what they cannot afford, lets hope that the FCA continue in this vein and clamp down on the practice across the board.

      Comment


      • #4
        Re: Wonga to pay redress for unfair debt collection practices – Financial Conduct Aut

        Soooooo fancy making a list of other companies who invent random DCA's with a veiw to scaring you into paying up?
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: Wonga to pay redress for unfair debt collection practices – Financial Conduct Aut

          Originally posted by Amethyst View Post
          Soooooo fancy making a list of other companies who invent random DCA's with a veiw to scaring you into paying up?
          Yes it is an idea, also the companies who mislead by giving another company name when in reality it is the next desk in the same building.

          Comment


          • #6
            Re: Wonga to pay redress for unfair debt collection practices – Financial Conduct Aut

            Originally posted by Amethyst View Post
            Soooooo fancy making a list of other companies who invent random DCA's with a veiw to scaring you into paying up?
            Without a doubt! I've just seen this on the BBC website and I'm absolutely ecstatic!

            Comment


            • #7
              Re: Wonga to pay redress for unfair debt collection practices – Financial Conduct Aut

              Originally posted by andy58 View Post
              Yes it is an idea, also the companies who mislead by giving another company name when in reality it is the next desk in the same building.
              Like Bank of Scotland, with its hopeless 'recovery wing' Blair, Oliver and Scot.

              Comment


              • #8
                Re: Wonga to pay redress for unfair debt collection practices – Financial Conduct Aut

                Originally posted by Captain Haddock View Post
                Like Bank of Scotland, with its hopeless 'recovery wing' Blair, Oliver and Scot.
                They are a real 'company'/legal entity - the Wonga ones were just made up names.

                (
                BLAIR, OLIVER AND SCOTT LIMITED
                SC133457
                Registered Address: Dundas House Viking Way, Rosyth, Fife, Scotland, KY11 2UU
                )
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment


                • #9
                  Re: Wonga to pay redress for unfair debt collection practices – FCA - £2.6m to 45k cu

                  How will the amount of compensation be calculated?

                  For affected customers who have incurred fees and charges on their loan agreement(s) as a result of this debt collection practice our compensation calculation will ensure that these charges are reversed. Depending on the customers’ loan agreement status this amount will either be used to make an adjustment to their agreements arrears balance or will be made as a compensation payment plus interest at 8% per annum simple.

                  In addition to this there will be an offer of a minimum of £50 for each affected customer to cover any consequential loss which they may have experienced due to our mistake.

                  The above compensatory interest is subject to tax under HMRC legislation and as a result 20% tax will be deducted from any payment to you. If you do not pay tax, you may be able to reclaim some or all of this from HMRC. If you are a higher rate tax payer, you may have to pay additional tax via your tax return. Please see HMRC.gov.uk for more details.



                  ( Average of £57.77 each customer )

                  https://www.wonga.com/Faqs.aspx
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #10
                    Re: Wonga to pay redress for unfair debt collection practices – FCA - £2.6m to 45k cu

                    ''Why has it taken so long to identify and respond to these issues?

                    The practice was stopped voluntarily in November 2010 and information was provided to the OFT (Office of Fair Trading), Wonga’s regulator at the time, in January 2011. As regulation of consumer credit has now passed to the FCA, we are working with our new regulator to ensure that all impacted customers are contacted and, where appropriate, redress offered. ''


                    They are adding 8% interest onto the '' less than £5'' overpayment but why the hell has it taken 4 years. Just goes to show how pants the OFT actually were.
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    Comment


                    • #11
                      Re: Wonga to pay redress for unfair debt collection practices – FCA - £2.6m to 45k cu

                      Search Of Law Socety Public Register reveals this
                      Name............ Blair Oliver & Scott

                      Type Organisation

                      Include in-house teams, government departments and other employers
                      Location KY11 2UU
                      Results
                      Found 0 within 25 miles of KY11 2UU, displaying 0
                      Sorry, no results found. Please widen your search.


                      B.O.S
                      Bank Of Scotland
                      B
                      lair Oliver & Scott

                      Blair Oliver & Scott
                      used to be in the Head Office of the BOS The Mound Edinburgh.
                      Just info for the records.
                      Sparkie

                      Comment


                      • #12
                        Re: Wonga to pay redress for unfair debt collection practices – FCA - £2.6m to 45k cu

                        They aren't a solicitors firm no, just a DCA (in house but legal entity all the same)
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • #13
                          Re: Wonga to pay redress for unfair debt collection practices – Financial Conduct Aut

                          Originally posted by Amethyst View Post
                          They are a real 'company'/legal entity - the Wonga ones were just made up names.

                          (
                          BLAIR, OLIVER AND SCOTT LIMITED
                          SC133457
                          Registered Address: Dundas House Viking Way, Rosyth, Fife, Scotland, KY11 2UU)
                          Yes, I understand that. But Blair, Oliver & Scott acted like an external debt collector and at no point, in my dealings with them, did they admit to being in-house. Their existence was to purely confuse the bank customer into thinking they were dealing with an external recovery firm. It took a while before people on the debt fora discovered that they were actually part of BOS. There was no real reason for BOS to create this entity when they had recovery divisions with the BOS name.

                          Comment


                          • #14
                            Re: Wonga to pay redress for unfair debt collection practices – Financial Conduct Aut

                            Originally posted by Amethyst View Post
                            They are a real 'company'/legal entity - the Wonga ones were just made up names.

                            (
                            BLAIR, OLIVER AND SCOTT LIMITED
                            SC133457
                            Registered Address: Dundas House Viking Way, Rosyth, Fife, Scotland, KY11 2UU
                            )
                            Makes the debtor think the debt has been moved to to a different collection service, this enables them to duplicate demands for payment without the risk of being accused of harassment( the new demands purport to come from a different source), increasing the psychological pressure.

                            Comment


                            • #15
                              Re: Wonga to pay redress for unfair debt collection practices – FCA - £2.6m to 45k cu

                              Yes I understand that and it is misleading behaviour - however in Wonga's case the 'DCA' werent even set up as separate legal entitys at all - just invented headers on paper (I can't find any uploads of letters sent out by either chainey or baker if anyone spots any can you post them)
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment

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