Student loans and pensions

[Deleted User]

Send a SAR.

Fay_elizabeth

Hi sorry - new to all this - can you elaborate?

Nightwing

Fay_elizabeth wrote: »

Can anyone help? I used the template from debtcamel and sent to Wonga and PaydayUK back in August. I borrowed from both between 2012-2015.

I received a 'final response' email back from paydayuk, however not a list of my loans as requested. They said this -

"My Decision:
We handle complaints following rules set out by the Financial Conduct Authority (FCA).
One rule is that a customer must complain within 6 years of the problem. Another rule is that if more
than 6 have passed, you must complain within 3 years of knowing you could complain about the
problem.
I can see that all of the loans that you are complaining about are more than 6 years old. So for me to
consider these loans, I need you to tell me why you didn’t complain about these loans until now."

What should I do now? I can't remember the details of my loans hence asking for the information in the first place, but I believe most are under 6 years old.

Any help would be appreciated!

I had a similar response from Payday UK a couple of weeks ago. I just replied and said (truthfully) that I hadn't become aware that unaffordability complaints were a possibility until a few months ago. That seems to have done the job as they have moved on to the next stage of the investigation.

If you've already used the template letter from DebtCamel to request a list of your loans, I would email them and ask for it once again referencing your previous email. Tell them you are making a Subject Access Request (the SAR mentioned above) for your personal data - specifically the list of loans - and they should send it though. Be prepared to scratch your head a bit at the document they send through though - it's not the clearest thing in the world. DebtCamel has advice on how to make sense of it under their Payday UK page (I would post a link but can't as I'm a newbie!)

Fay_elizabeth

Thanks so much Nightwing. I've basically done just that and I did get a list of my loans back almost straight away. Have now replied with the template about irresponsible lending and my income etc at the time. It looks like I was worse than I remember, adding up all the interest alone comes to over 3k

feistyfee

Quick update. Ferratum have emailed with a good will gesture of £300. I am going to accept as didn't have many loans with them and surprisingly i paid them off in time.

clareil1

Hi All,
I have had varying success with claims made back in May. I now have a lot of cases open with the FOS. How long on average has it taken for a response to come back once an adjudicator has been allocated?

Pluto8

Hi people,

Just a bit about me for anyone interested (plus a few questions).

I was in financial trouble until recently when I have managed to pay off (through assistance from my family) all of my debt except for a barclaycard credit card which has £11,000 remaining. I had a few pay day loans over the past 2 years.

From the advice on here I submitted complaints re irresponsible lending and have had the following results so far:

Safety Net Credit - £880 balance written off and a refund of £792.
Pounds to pocket - refund of £1203

Awaiting updates from swift sterling and lending stream (both were the last loans i took out when I was desperate).

Firstly, I am looking to see if anyone has had success with swift sterling or lending stream? They have 3 weeks left of their 8 week period to reply.

Secondly, I asked that any negative references in my credit file also be removed (I copied that from the template). I’m assuming that relates to late/missed payments and arrangements to pay etc? So would show all payments made on time? Also, will that have an impact on my credit score and improve chances of obtaining a mortgage if I moved house, for example?

Thirdly (and finally), has anyone ever made a complaint re irresponsible lending to credit card companies? I have a credit card with barclaycard, have had it for 9 years. My initial credit limit was £1500, then over 3 years increased to £12,500. I can’t remember if I requested this or they offered it. At the time 6 years ago I could probably have afforded it but over time I was constantly late with payments, over limit etc. I had a gambling problem and would borrow £1000s on this card, and at times would win £1000’s refunding it to this card so my balance at times was low but as with any gambling problem you’re going to lose in the end so I kept borrowing and my balance has been at the top for a couple of years although gradually paying it off.

My query with this is - would I have a case for irresponsible lending? While I have fully accepted that as a gambler I was the one borrowing, I used the money (certainly wouldn’t be complaining if I won £50,000 for example), but if my credit limit had been reduced when my balance was low I would maybe be in a different position. Or am I onto plums? Are there any downsides to raising a complaint like this (could they ‘blacklist’ me or affect my credit rating etc?)

Anyway, just looking for any and all advice

Thanks

Changingtimes

Question.
I made a couple of SAR requests recently and received feedback. What is your SAR data really supposed to consist of?
I would expect CCA and applications and how they credit checked or decided on how they accepted your application?
Am I wrong or expecting too much?

Nmc1978

Hi,

I opened a complaint about Uncle Buck and went through the whole process up to the point where the financial ombudsman had told Uncle Buck that they should refund 7 loans. Uncle buck came back today (last possible day) and said they wanted to send the complaint for a final decision, effectively appealing the decision. Just wondering has anyone had any experience of that? How long roughly does it take I wonder? And obviously the big one is what are the chances of the ombudsman changing their mind, but that one can't be answered sadly... Appreciate any info anyone can share on this. Thanks.

ndf9876

Nmc1978 wrote: »

Hi,

I opened a complaint about Uncle Buck and went through the whole process up to the point where the financial ombudsman had told Uncle Buck that they should refund 7 loans. Uncle buck came back today (last possible day) and said they wanted to send the complaint for a final decision, effectively appealing the decision. Just wondering has anyone had any experience of that? How long roughly does it take I wonder? And obviously the big one is what are the chances of the ombudsman changing their mind, but that one can't be answered sadly... Appreciate any info anyone can share on this. Thanks.

So what I assume has happened is that your complaint has gone past the first 'stage ' - where someone called an Adjudicator (who is NOT an Ombudsman and cannot make binding decisions) has recommended the interest on 7 loans is refunded. Now unfortunately you are going to be waiting for an Ombudsman to look at the case. Unless any new evidence comes to light, it is unlikely that the Ombudsman will disagree with the Adjudicator (although I have seen decisions where this has happened!!). As for timescale, it really does depend on their workload; I would suggest thinking in months not weeks.