Student loans and pensions

Adamsssss

That's the trouble. There doesn't seem to any clarity on when something does/doesn't become affordable. Although there is general consistency it would be nice to know how different adjudicators come to different decisions.

stuart30

cashburner wrote: »

That's rubbish Stuart, does seem a bit of a strange decision. I do know that it is more likely than not that an ombudsman will uphold the decision of the adjudicator and I think when the adjudicator finds in favour of the claimant the PDL company just goes to ombudsman to delay the inevitable.


Poor decision though (based on what you've told us) and of course although there's obviously guidelines in place the FOS have to follow it may depend somewhat on the adjudicator/ombudsman's own personality and views on the whole PDL situation..... That's just human nature sadly.

My main gripe is i do not feel either the adjudicator nor the ombudsman have looked at the credit file i sent in...as ive posted here,it clearly shows (copied from credit report) that i had an 8 week gap between the previous 79 wonga loans and the further 11 Myjar loans.

How can that 8 weeks be classed as significant period of time...even the FOS have agreed that 8 weeks isnt long,also they state that taking out a loan every two weeks is not reliant on pay day loans.


In response to a previous post im damn sure the FOS do indeed read these threads and take onboard whats said...and im sure when you complain about one of them as i did in my adjudicator,then they are most certainly offended and well i feel the outcome speaks for its self.:eek:


What is you guys definition of a default...they state that i had no defualts four years previous to taking out the My Jar loans...CCJ IN 2011/2012 AND 2013 along with under payments/missed payments on Mortgage from 2010 until 03/2014.

""In finance, default is failure to meet the legal obligations (or conditions) of a loan, for example when a home buyer fails to make a mortgage payment,""

And they state you cannot challange the FOS fiinal decision....despite them blatantly failing to look at the evidence you supply.

Im told the above isnt classed as defualting...?

cashburner

stuart30 wrote: »

What is you guys definition of a default...they state that i had no defualts four years previous to taking out the My Jar loans...CCJ IN 2011/2012 AND 2013 along with under payments/missed payments on Mortgage from 2010 until 03/2014.

""In finance, default is failure to meet the legal obligations (or conditions) of a loan, for example when a home buyer fails to make a mortgage payment,""

And they state you cannot challange the FOS fiinal decision....despite them blatantly failing to look at the evidence you supply.

Im told the above isnt classed as defualting...?

In my personal opinion I would define a default as when the borrower has failed to meet the contractual obligations placed upon them by the agreement (e.g. making monthly payments on time) and has failed to respond to repeated requests to make payment resulting in the creditor terminating the agreement.


A default therefore is that after the creditor issues a notice of default the debtor has 28 days to rectify the default, failing to do so the creditor has terminated the agreement and is now demanding repayment in full.



A default does not occur only when a CCJ is issued it occurs before that, equally a default does not occur because you have missed payments it occurs because the creditor has terminated the agreement (and most likely then flogged it onto a DC).

stuart30

cashburner wrote: »

In my personal opinion I would define a default as when the borrower has failed to meet the contractual obligations placed upon them by the agreement (e.g. making monthly payments on time) and has failed to respond to repeated requests to make payment resulting in the creditor terminating the agreement.


A default therefore is that after the creditor issues a notice of default the debtor has 28 days to rectify the default, failing to do so the creditor has terminated the agreement and is now demanding repayment in full.



A default does not occur only when a CCJ is issued it occurs before that, equally a default does not occur because you have missed payments it occurs because the creditor has terminated the agreement (and most likely then flogged it onto a DC).

Just to clarify they picked out i had no new defualts from 2010 (bankruptcy year) until loans with My jar.

I did in intial support for the complaint state that i had defualted and was in arrears...they choose to ignore the arrears and highlight the default or supposed lack of.

The lady i spoke to yesterday (manager) actually sounded suprised (after reading my case file) that i had requested the credit file be cleaned up regards the Myjar entries...almost as if too say "did you as i cant see that being asked"...honestly seems like they have looked at someone elses case as evidence.:(

nobodyknowswho

This might sound like a stupid question but if I need to send my credit report to my adjudicator do I just print screen it and send it through the print screens or is there a way to send the actual report?

stuart30

nobodyknowswho wrote: »

This might sound like a stupid question but if I need to send my credit report to my adjudicator do I just print screen it and send it through the print screens or is there a way to send the actual report?

Downloaded mine as a file and sent it via Gmail...allows fairly large attachments.

Delete33

I just paid Experian £2 for my on line credit report and forwarded a copy on to my Adjudicator.

InvernessIron

Morning all,

A very long time since I have posted on here, but very intrigued by this thread. Can someone advise me the best way to try and claim some money back from these PDL companies, is it simply a case of contacting them yourself via email?

Thank you

Delete33

InvernessIron, send E-Mail asking for a Statement of accounts, wait 8 weeks then complete FOS complaint on line. Easy process but can be long, some PDL will make you a offer quickly, its all down to the individual complaint as to how much you are offered and how much you are willing to accept. Do not accept first offers as these are usually very low. You must read up on old posts on MSE and DebtCamel websites, you can also look at cases that were upheld on the FOS website this will give you valuable information to calculate your claims.:cool:

SeenTheLight2016

A quick update.......

My adjudicator is off sick for a week but I managed to speak to somebody else at the FOS and have rejected Wongas offer of £1022.00 for 7 loans.

It turns out my adjudicator recommended all loan after April 2012 were refunded (I make that 40 Loans)

So it will be passed to an ombudsman now to make a final decision, lets hope they agree with my adjudicator!!!!