• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Payday Loan Affordability Claim

Important !
  • Filter
  • Time
  • Show
Clear All
new posts

  • Payday Loan Affordability Claim

    With thanks to @Debt Camel

    If you want to put in an affordability complaint, this is what to do:

    I suggest you read https://debtcamel.co.uk/payday-loan-refunds/ and put in an immediate affordability complaint to the original Payday lender. Don't delay. If necessary/urgent, go straight to the step two complaint in that link (if you don't have time to go the leisurely route) and ask them to send you a list of your loans first.

    If urgent, (eg if you are being chased by a company that has purchased the debt from the original Payday lender), in that step 2 letter add a bit which says you have been told by a debt purchase company that they are now trying to collect this debt.

    Ask the original Payday lender to send you a complete history of your account. This is important unless this is the only loan you have ever had from them. They will probably refuse, just ignore this. If they say your loans are over 6 years old so they won't refund, also ignore this - the Ombudsman is making original Payday lenders pay out on older loans.

    If the original Payday lender rejects your complaint, send it to the Financial Ombudsman the same day. No delays.

    If the original Payday lender tells you to talk to a new debt purchaser/owner about the debt, repeat that you want the original Payday lender to look at your complaint about irresponsible lending and, if they refuse, send it to the Ombudsman.

    Tell the debt purchaser/owner that you are disputing the debt with the original Payday lender as the loan was unaffordable. Tell them you have sent the original Payday lender a complaint about irresponsible lending and ask the debt purchaser/owner to hold off on any enforcement action until the dispute about the debt has been resolved.

    If the complaint goes to the Ombudsman, tell the debt purchaser/owner in writing the same day that you have done this and you are still disputing the debt.

    The debt purchaser/owner should not start court action whilst there is a dispute underway. It is going to be a LOT easier to win this case with the ombudsman than in the courts.

    One loan complaints are hard to win, but it may be possible to get the interest removed from the outstanding balance.

    (You could also look at putting in affordability complaints to any other payday lenders you have used - with any luck you may be able to get enough money back to pay off this claim! )

    Last edited by charitynjw; 7th August 2017, 16:16:PM.

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick
    Tags: None

  • #2
    Re: Debt Camel's Affordability Claim

    That looks fine!


    • #3
      But what do you do when youíve done all of that, the Ombudsman finds in your favour and orders the company to pay redress but they refuse to and ignore all communication?


      • #4
        Originally posted by micky061 View Post
        But what do you do when youíve done all of that, the Ombudsman finds in your favour and orders the company to pay redress but they refuse to and ignore all communication?
        Apply to the Court to enforce the ombudsmans award, the court then makes it into an enforceable order and you then send the bailiffs in
        I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Ptilley@wannops.com .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.


        • #5
          Thankyou. I just think that they will go into administration in the meantime which is why they are stalling


          • #6
            who is the lender?
            can you confirm you have an Ombudsman decision, not one from an adjudicator?
            how long ago was the decision?


            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.

            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.



            Court Claim ?

            Guides and Letters

            Search and Compare fixed fee legal services and find a solicitor near you.

            Find a Law Firm