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Reclaim payday loans for free discussion area

edited 30 November -1 at 1:00AM in Loans
124 replies 24.5K views
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  • It was inside an estate agents! The estate agents is still there but when I look on companies house I cant find anything for the cheque cashing/loans just the estate agents.
  • zx81zx81 Forumite
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    If they don't exist, you won't be able to complain to them.

    Never use a claims company to post your complaint. It's any even worse way to give your money away than using payday loans. At least they provided a service.
  • Not sure if I'm posting this in the right area, but I desperately need good advice...


    A relative of mine was sectioned under the Mental Health Act in September. Her partner at the time had her bank cards, etc and took out various loans in her name and has made absolutely no repayments on any of them. He also emptied her bank account and squandered all her benefits. Of course by now he has disappeared off the scene leaving her family to pick up the pieces.


    One of these companies, Likely Loans, are asserting that she is eligible to pay back the loan despite me explaining the circumstances and the fact that she is still sectioned and in hospital. They know that her ex made the call to them but are saying that unless she is prepared to prosecute then their hands are tied and they are assuming she gave him consent to take the loan out.


    Is this even legal?


    Any advice would be appreciated.


    Also at the moment fighting to clear up the damage done by this individual with Bright House, Provident, Argos, Tesco mobile and the estate agents with whom they were renting. Not easy when you don't have power of attorney and no one wants to talk to you!!!
  • Caz3121Caz3121 Forumite
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    first stop would be police report, has that not been done?
  • Willing2LearnWilling2Learn Forumite
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    Yes, I agree, this should be reported to the police.

    https://www.actionfraud.police.uk/
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    :smiley:
  • It was reported to the police by the hospital and by myself (I actually submitted a detailed documentation of everything that has happened since September). They've given me a crime reference number to quote to the companies involved, but some of them are already shrugging this off as irrelevant.
    What Likely Loans are saying is that if she gave permission (while in hospital under a section) to him to take out the loan in her name then she will have to pay up. The loan is already racking up additional charges, they've put it on hold a few weeks but are saying that unless she is prepared to prosecute him then she has no case to argue. As I said before she is still in hospital and in no fit state to do this. When quizzed at the time she asserted she knew all about it and had given permission, but at the time was being coercively controlled by this guy and would have said just about anything for fear of his negative reactions.
    My question really is whether Likely Loans are in the right to hand out a loan to a male caller quoting a female identity without even speaking to the female in question??? And having been made aware of the situation by myself within about a week of agreeing to it, should they still hold her accountable???
  • edited 24 February 2019 at 6:42PM
    Willing2LearnWilling2Learn Forumite
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    edited 24 February 2019 at 6:42PM
    Hi,

    I am not sure whether this is relevant or not. But I would wonder whether your relative had the mental capacity to make a borrowing decision.

    ‘Mental capacity’ is a person’s ability to make an informed decision at a specific point in time. A ‘mental capacity limitation’ – as recognised in law and regulatory lending frameworks – is where a person cannot make such an informed decision due to an ‘impairment or disturbance...in the mind or brain’.

    Also, as far as I am aware, the FCA expects lenders to take explicit steps to prevent inappropriate or irresponsible lending to borrowers with mental capacity limitations, and to protect their best interests.

    I would expect the lender to suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds. (If I interpret the rules correctly as this is an FCA rule from last year).

    But to be honest, I could be totally incorrect. I'm just a mental health worker and not a solicitor. If it were me, I would ask your question again on the legalbeagles forum as they specialise in legal guidance and advice.
    https://legalbeagles.info/forums/
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    :smiley:
  • Thankyou for that information, I will follow the link to the other forum. The question of mental capacity has come up and there seems to be some uncertainty around it. Especially when the informal assessment seems to have been made at a point in time much later than when a lot of the actions took place.
  • Tom_N_2Tom_N_2 Forumite
    2 posts
    Hi guys,
    Can't find H&T Pawnbrokers in a list for payday loans?
    Did anyone get experience with them? Tried in Leeds.
  • Jenks32Jenks32 Forumite
    5 posts
    Hi everyone just wanted some advice on claiming back off payday loans that have been paid out whilst on an IVA...worth it or not?

    Cheers.
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