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I hope someone can help me. I made a complaint against a pay day company for loans back in 2011/12 and the FOS adjudicator asked me to provide bank statements to confirm I was struggling and a copy of my CRA is this possible so far back to get? I closed the account. Also I was in an IVA at the time. Just wondered if anyone else has had this to do?
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Re: FOS Requests old bank statements / CRA file
It's very common for the FOS to ask to see your bank statements at the time and a copy of your credit report.
If you don't have your old bank statements, your adjudicator will be able able to get them if you give them your sort code and account number.
You can't get an old copy of your credit report (on exception - if you have been signed up to Experian's monthly service for all this time) so you need to show a copy of your current credit report.
Depending on when your IVA started - was it before August 2010? - the debts in your IVA will have dropped off your credit record. You need to supply a list of these debts to your adjudicator and say they would have had defaults showing in 2011/12 but they have now gone.
Do you know the Debt Camel payday loan refund page? http://debtcamel.co.uk/payday-loan-refunds/ The comments at the bottom of that are a good place to see how other people's claims are going and to ask questions.
Good luck! -
Re: FOS Requests old bank statements / CRA file
Thank you for your help yes the IVA started 2008 and was completed this July it was longer than normal I would have thought being in an IVA itself was irresponsible lending don't you think? The FOS are not aware of the IVA should I disclose it?Comment
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Re: FOS Requests old bank statements / CRA file
Irresponsible lending yes, but you also probably broke the the terms of your IVA... up to you whether you want to mention this...Comment
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Re: FOS Requests old bank statements / CRA file
True but my IVA allowed credit under £500. I don't want refund just agree a lower final settlement or write off. Not unreasonable I don't think.Comment
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Re: FOS Requests old bank statements / CRA file
People have run into trouble with these complaints if they are in an IVA - the refund goes to the IVA, but I haven't yet seen one where this problem occurs after the IVA has finished. Although it is a possibility as there is a similarity with PPI reclaims.
Did the payday lender credit check you before the loan? If they did, then yes, an IVA should have been a warning flag not to lend. If they didn't they will not have known you were in an IVA so this won't help.
I suggest you keep the complaint simple by asking for a refund. If you have a balance outstanding any refund is used to repay this first. Whether it will write off the balance depends on the exact situation, see http://debtcamel.co.uk/payday-lender-write-off/ for some worked examples.Comment
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Re: FOS Requests old bank statements / CRA file
Thanks again for your help Sarah.Comment
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