Payday Loan refund query

[loulouxx]

Re: Payday Loan refund query

Anyone got any ideas on what I can email back to the email I received? Really don't want him to get away with what he done and put me through. As he's company is going through liquidation can I still claim from the FCSC?

Thanks for any help xxx

[Amethyst]

Re: Payday Loan refund query

Hi Lou, Personally I'd concentrate, while he's in a concillatory mood, on getting that CCJ off your file.

How much had you actually borrowed from WWPL - £200 ? then it was just loans to pay the loans etc ?

You paid £850 off the CCJ - presumably you'd made payments before that point as well. So it is the payments you have made, less the amount you actually borrowed, that you want back, and everything writing off and the CCJ removing.

[loulouxx]

Re: Payday Loan refund query

Hi Lou, Personally I'd concentrate, while he's in a concillatory mood, on getting that CCJ off your file.

How much had you actually borrowed from WWPL - £200 ? then it was just loans to pay the loans etc ?

You paid £850 off the CCJ - presumably you'd made payments before that point as well. So it is the payments you have made, less the amount you actually borrowed, that you want back, and everything writing off and the CCJ removing.

Hi,

I have requested £900 from my original request of £1414. This is £650 plus 8% x 2years. Compensation for not doing as asked about my CCJ and irresponsible lending £100 + 8% for 5years = £146. I have also requested that he tries to remove the CCJ from my file as it would be better to do from the creditors side of things.

Thanks for your help. Will update as soon as I get a reply xx

[loulouxx]

Re: Payday Loan refund query

Do you think that's fair? Here's the email I wrote back to him.

Dear Andrew,
I will negotiate with you as I do understand you are in a difficult position. The CCJ that was placed on my credit file has caused me difficulties in regards to securing rented properties and the career I really wanted (working for the Financial Ombudsman) I studied hard for the application exam and was disappointed that I failed due to my credit report. Not only that but you need to also understand that I was in extremely financial difficulties and couldn't cope and in Dec 2011 when everything came to a head I did attempt suicide and I am sure you can understand the embarrassment I felt and that during those first few month when it was going through court I had to sort out my mental state before anything else.
Taking this into consideration and of course your difficulties. I am willing to accept the following,

- I paid £850 of the £1343 that you claimed. I ask that £650 is paid back to me plus 8% (£52 x 2) x by 2years.

- I ask that the CCJ is removed. Only you can do this. I am looking to finally be able to rent a property and having this removed would be tremendous.

- Due to the way I was treated by your company when I tried to tell you I was in difficulty and also the fact that you didn't go to the court to mark the CCJ as satisfied. Something that you promised to do when you signed my Full and Final settlement letter. Also in regards to the irresponsible lending part of it as I do think had proper checks been carried out then it would have been seen. I had 15 other loans which should have alerted you to not to lend to me. I ask that £100 compensation plus 8% for which equals £146.

Just to sum up, in total I ask to put thing right that I feel will help you and also be fair to myself = £900.

Kind regards
Louise Brind

[Amethyst]

Re: Payday Loan refund query

Okay I think he'll say no as the business has no money etc ( as before)

Are you willing to negotiate to have him consent to a set aside of the CCJ ( but make an agreement that once set aside he will discontinue the claim and you won't make a claim against him in the future)

As I said - it depends what you want - if it's the CCJ getting rid of - the ONLY way you can do that is to set aside the original default judgment - and to do that after payment is going to need the claimant's consent. So if you can do a deal with him so you don't claim against him and he helps you ditch the CCJ ? Him marking the judgment as satisfied will leave it on your file.

If it's the money you want - then it'll be complaint to FOS and possibly FSCS once he's gone under.

[loulouxx]

Re: Payday Loan refund query

I already have an agreement that the loan was settled and that he wouldn't claim against me I made sure of that when I made a full and final. Even though the business is more than likely going to be liquidated or dissolved couldn't I make a claim through th FSCS as he's FCA Registered. In all fairness to me both money and the CCJ are important to me as I feel that paying him £850 was unfair plus the way he treated me in 2011 when I was going through bad money issues and even when I tried to arrange payment once I got my head straight I was met with a brick wall and a no we will go to court. I've checked companies house directors and this man still has 3 - 4 companies. So I am sure that £900 won't break his bank. FCA took away his licence to lend or Debt collect that's why he's shutting up shop xxx

[loulouxx]

Re: Payday Loan refund query

Is there anyway in regards to compensation that the FCSC would take on a complaint if the company is unable to pay?

[loulouxx]

Re: Payday Loan refund query

He has offered £5 a week and to apply to the court to have the CCJ taken off. I have rejected the £5 but accepted the CCJ part. I have said that as he wouldn't accept £5 or £10 as an acceptable repayment how can he think that I would find that acceptable from him.

[loulouxx]

Re: Payday Loan refund query

Ok I've got back the following email and you'll see my reply. Just seems like he couldn't careless grrrrr need to keep calm xxx

Andrew,

My complaint is not just based on my word as you put it. I have based it on what happened as I recall, emails that you sent to me during that time and also my financial affairs at the time.

I have sent a formal complaint to you regarding your company's treatment of me and what the FCA regulations say how you should've acted, which isn't how you acted.

I expect you to look into my complaint and answer it fairly and honestly.

You know exactly what you did wrong and what you put me and others through as a creditor, which is why the FCA took action. The FCA require you to look into my complaint and answer it accordingly.

I have requested £1414 and for you to apply to the court to settle the complaint. You told me that you are unable to do this so as a good will gesture to you I have taken £500 from that and have now asked for £900 and for you to make an application to the court for the CCJ to be taken off.

I have given you the reasons for my complaint and what I require for you to make it right. I ask that you answer my complaint by each point made. It is only fair and it is my right as a customer that you do this.

If we cannot come to an agreement then I shall take my complaint to the Fiancial Ombudsman then if needed to the FSCS. I have done a little research and it seems that you are a director for another 3 companies 4 if you include this one. I cannot understand how you can say that you can't afford to pay me what I have asked, that is if you are willing to accept that you did not act according to FCA regulation and that you unfairly treated me.

As I said I am not merely making a complaint on my word alone, I have emails and also evidence that I was surviving on payday loans and that the loan I took out with you was unaffordable as I have over 18 loans at the time. Your actions even after I settled the loan were also unfair in that you went against the agreement we had and never changed the CCJ to Satisfied. The way you treated me and chased me for payment was also unfair and some would say was harassment. Texts day and night, emails, threat to have me arrested for fraud.

If you are not willing to act as per the FCA rules on complaint handling then I shall have to take this complaint to the Financial Ombudsman as I said above.

Regards

Louise Brind

On 16 Mar 2016, at 13:43, Andrew Hart <cdmorgan2012@icloud.com> wrote:

Louise,

I understand. Your claiming that the company owe you this amount but that is based on what you say.

The other matter is that the Company is in dire straights and has not the funds to do what you ask.

Any other ideas to move forwards?

All the best,

Andrew Hart

[Amethyst]

Re: Payday Loan refund query

The only thing Andrew could do is tell the court that payment has been made within 28 days of the Judgment - it would then be removed from your file. If the judgment is the most important issue this is a way to get rid of it. You can take your complaint about the mis-selling to the FOS as he has quite clearly said he won't / can't pay you.


If you could inform the court that the judgment debt was paid within 28 days of the default judgment then it will be removed from my credit file. Alternatively I will need to make an application to the court to set-aside the original default judgment, which will carry a court application fee of £155. I will need to submit a witness statement and a defence and counterclaim against the company for a refund of the mis-sold products, charges and interest - and it will require a hearing in order to put my case to the Judge so he can agree or deny the set-aside application.


something along those lines.

[loulouxx]

Re: Payday Loan refund query

If you could inform the court that the judgment debt was paid within 28 days of the default judgment then it will be removed from my credit file. Alternatively I will need to make an application to the court to set-aside the original default judgment, which will carry a court application fee of £155. I will need to submit a witness statement and a defence and counterclaim against the company for a refund of the mis-sold products, charges and interest - and it will require a hearing in order to put my case to the Judge so he can agree or deny the set-aside application.


something along those lines.[/QUOTE]

Should I add this to my next email to him. I will be taking my complaint to the FOS and if the do go in my favor then I could I take it to court for a CCJ or if the company is dissolved by that time could I make a claim to the FSCS. I don't trust what he says because of the things he's done between when I first took out the loan to now. Very unscrupulous man xx

[loulouxx]

Re: Payday Loan refund query

Got this reply back. Do I need to send what you wrote above to him? Reason I ask is that I didn't pay the judgement within the 28days? I don't want to give him any wriggle room at all xxx

Louise,

It is a very difficult email to write to.

We are not trying to upset you.

What your suggesting is not something we can do.

If you wish to discuss with us what we can do then please come back to us.

This is a matter we would like to resolve but we are having difficulty working out how.

If you do not wish to do so please let us know and We will do our best to answer your questions as they come.

All the best,

Andrew Hart

[Amethyst]

Re: Payday Loan refund query

I'm still not sure what your ultimate goal is - I know you want to get the money back and have the CCJ wiped - that will mean aset aside application, a defence, a counterclaim and a good reason why it has taken to now to do anything about the judgment. And mean arguing the points about missellng in court..... and by the time all that is done WPPL will lilkely not exist, or if they do, your judgment will just go on to the liquidators list of creditors.

Without taking action through the courts the CCJ will stay there unless you can get Andrew to actually inform the court you have paid it - but tbh you could do that yourself by sending the court details of the payment with a copy of the full and final settlement agreement. Because you didn't pay it within 28 days all WPPL can legitimately do is tell the court it has been paid and have it marked as satisfied on the register. That will still be better for your credit file but not hugely.

As WPPL is going under and have no money ( Andrew isn't going to suddenly turn around and say 'oh that's okay then here's £900 ) then if you don't want to go through the court route you will need to take your complaint about the misselling to the FOS if you don't want to fight it through court.


So maybe


That's fine I will make my complaint through the FInancial Ombudsman regarding the missold loans.

With regards to the CCJ I can inform the court that the judgment has been paid, however a letter from yourselves as the judgment holders would be useful, just confirming that the judgment debt was paid and can be removed from the register.

[loulouxx]

Re: Payday Loan refund query

My ultimate goal is to have the CCJ marked as satisfied and get at least part of the money back, but more than that it would be great for them to answer each part of my complaint. If it does go through the FOS and they make a judgement against them and make an award and if they're dissolved or liquidated can I then go to the FSCS? If of course they are still in business can I then go through the small claims court? xx Thanks for your help xx

[Amethyst]

Re: Payday Loan refund query

Okay if you just want the CCJ marked as satisfied you can just do that yourself. Contact the registry trust and tell them you paid the judgment and ask them how to send them the evidence - if you can get Andrew to give you a letter to state it was paid then it will be easier.

If you go through FOS and get an adjudication them yes you can take it the small claims, I really don't know about the FSCS though if they do go under. Once you have a judgment ( or adjudication money award from FOS) you can get on the list of creditors if they are liquidating - but of course that relies on them having some money left.