I can not believe the closed mindedness of this Bank worker, but it just goes to show their mentality!!!

Evening all, Just a quick update on this thread - Loan extinguished and entry on CRA removed Wonga have also confirmed that mum wouldn't have passed new affordability checks and have wiped debt and removed CRA entry. - Never originally received email in Oct as loan had been sold on to DCA Think it's worth complaining to any PDL companies if you think you wouldn't have met lending criteria - we took the chance and it paid off

Thanks guys

Thanks Silverfox, I am very dubious about they way these companies phrase things, and as they didn't actually say 'we confirm that we will not sell it on' thought it was best to check.

Evening all, A few years ago my mum foolishly went to PDL companies for help when things went bad - she was ill and quite vulnerable and ultimately ended up taking an overdose to escape the constant badgering from these companies when she got into the inevitable mess. (this is when I became aware) I made a complaint to one of my mums payday loan companies because 1) they were reporting different things on different CRAs and 2) I believe they had irresponsibly loaned her the amount. Their response was that they hadn't irresponsibly loaned the money, as my mum had ticked the box confirming she could afford to pay it back They did not take into account that she had other PDLs with other companies (one of which was a sister company to this one) or that she had a live CCJ and other defaults on her credit record. In their final response, they sent a summary showing the PDLs she'd had with them, and the previous one she had (before the latest one that she couldn't pay) was rolled over/deferred for TEN months and then the latest one was taken out just 6 days after the last one was paid off - And they say they wasn't irresponsibly lending? surely deferring a loan for 10 months should raise flags that somethings wrong. although they denied they did anything wrong they did say that they would extinguish the outstanding amount and because of an 'internal error' causing them to incorrectly report on my mums CRA, they'd remove the credit entry from her file. I wrote and asked them to confirm that they would not sell it to a 3rd party or that the company that have just taken over MEM Consumer Finance (Instant Cash Loans - ICL) would not pursue it. This is their response but I am not confident it wont get passed around. 'With regards to your comments concerning the debt being sold or transferred to any other company, as it stands the debt remains with us. If you wish to accept the offer to extinguish the outstanding balance of £XXX and remove the loan details from your mothers credit file, this offer will be in full and final settlement of the complaint. If you choose to accept the offer we will no longer pursue your mother for the debt. Now call me a cynic but I don't see a confirmation that they wont sell it on. Any thoughts please? Also, should I be reporting them to the FCA regarding the 10 month deferral situation and lending to my mum when it should have been clear there were affordability issues? Thanks guys

This is still ongoing at the moment, but I will update the thread once it's been sorted (or not!!!!)

That's brilliant, thanks Silverfox

These were sent to a vulnerable person and threats that the agreed token payment would be stopped and court papers filed etc if not filled in. (unfortunately, we had not discovered CAG at the time or had any idea what lies creditors told)

Morning guys, I wonder if somebody can help me please. Would the above act for harassment include over frequent requests of I&E - i.e. Token payment accepted for a store card debt and company fully aware of circumstances of long term illness yet a request for a I&E be completed every 2-4 months Thanks

Sorry DX, I think I have thrown you off here talking about Creation - OP hasn't said who OC is,

Out of interest Pupter, who was the OC? I'm currently going through the same thing with Creation Finance - they defaulted mine 22 months after last payment so means my CRA remains trashed for another year and half. I've made a complaint to them regarding this as I believe the amount of time they took to default was unreasonable - They also had AP markers on mine until the countdown, despite the account being in dispute and no payments made. Plus I never ever received a DN

Ahhh, I see. Thanks for pointing it out. I'll complain to creation first anyway as I'm interested to know why they took so long to default it? I could do with cheering up and I'm sure their Jackonory will do it!! And if they don't change the date I will make a complaint to the ICO anyway. Thanks again DX

Thanks for that DX, I was just looking on the ICO website for it. That says that they should default between 3-6 months, as I suspected, but your 'but' above makes me think I'm missing something? (it's late and I'm a bit slow anyway ) Can you let me know if I'm missing a point somewhere please. I have just been reading through DBYs thread who had the same problem and it seems I am going to have problems getting this corrected. Thanks for your time DX

Am I able to make a complaint to Creation Finance (and FCA? or ICO?) about the amount of time they took to default this? the debt became statute barred on Friday, but will appear on my credit file for another 22 months because they defaulted 1 year and 10 months after last payment? Thanks guys

Hi DX No it's not that one, that one is paid and gone. This is an old Adams store card that was being paid back with token payments since 2006 and put into dispute back in 2009 as they failed to provide any CCA. The account as far as I remember has never been sold on to a DCA, the only action since 2006 (when token payments started) has been random fees and interest added: Statement date 6 August 2007 Interest for Purchase £5X.XX Statement date 5 September 2007 Interest for Purchase £5X.XX These two additions put it over limit Statement date 3 June 2010 Over limit fee £2X.XX Interest for Purchase £5X.XX Statement date 5 July 2010 Over limit fee £2X.XX Default sum fee – Late £2X.XX Interest for purchase £5X.XX Statement date 04 August 2010 Over limit fee £2X.XX Interest for purchase £5X.XX Statement date 04 September 2010 Over limit fee £2X.XX These fees only came to light after a SAR, and there was no DN provided. I have previously written to Creation asking them to explain and remove them but never received an answer. It was only reading other threads recently that it appears they waited an unreasonably long time before defaulting so I am trying to get them to change the default date. Thanks

Evening everybody - Happy new year I do not understand default dates very much but am under the belief an account will be defaulted around 3-6 months after last payment? I have just received a response from equifax about a dispute I raised because I believed the default date was wrong. The default on my equifax record from Creation finance is dated 11/2010 - the last payment to them (as confirmed) by their response is Jan 09. They have said that the information recorded is correct and that the 'charge off date' was 11/10. Is the charge off date the same as the default date? Are they allowed to wait 675 days from last payment to default an account? they have added AP markers up until May 2010 and then started the 6 month count until default. They have said that if I still dispute I need to send documents so they can investigate? What documents? I don't ever remember receiving a default notice - but by their own admissions they have said that they didn't default until a year and 10 months later. Can they default so long after last payment? What should I do next please Many thanks

Hi Nys, The 13 week rule applies to people who have not claimed HB within the past year (i.e peeps who took on their home when they could afford it) My mate had two deps when she moved in (and was working) 1 now left but she has 3 bedrooms for her and a 15 yr old. Is she entitled to full HB under the 13 week ruke? Thanks pickle

Hi Guys, Wondering if someone can clear this up for me please. A friend of mine has been off work for 10 weeks (been in work over a year) Her contractual sick pay will reduce to half of full pay mid Dec, but there is not much poss of her returning to work before mid Jan. She will not be claiming any benefits (UC, ESA etc) because of her CSP, but will she still be entitled to HB under the 13 week rule? I have seen that this rule is being abolished under certain benefits - especially Universal Credit, but wasn't sure under CSP? Many thanks

Thanks for moving the thread for me DX Thanks for your advice Stu, I will be sending a letter asking for their arrears policy in the morning, hopefully (but I doubt it) will get a reply before next Thursday. I will be going to the meeting, I'll have to see if I can get somebody to go with me. Thanks again Stu Thanks again Stu

I will have to dig out my TA, and I do not know who my housing officer is. I just wanted to know really when first warnings could be sent? especially when it is obvious I pay my rent every month and by the end of this month I will be back in credit. I pay all of my rent myself because I work, but I am currently off work ill with anxiety caused by severe depression. Although this letter mostly angered me, it is still distressing to receive. Surely they should contact tenants first before sending such scary, threatening letters for such small arrears, especially when they can clearly see that by the end of the month they should be cleared? Thanks

Hi, I'm not sure if I have posted this in the right place as I could not find a forum related to my query. I have just received a 'request for meeting - warning you are at stage one' because I owe a little over one weeks rent. I am fuming, this is the second one I've received, (the first one at the end of August because again I owed just over one weeks rent) I get paid at the end of the month and always make my rent payment on that date. By looking at my rent account they can see that I make regular payments and I feel like they are harassing me. But before I call them I was wondering if anybody knows if they can send these warnings for such a little amount of rent arrears? I always thought it was four weeks arrears? and I obviously don't want to go in all guns blazing if they are allowed to do this. She has said in the letter, 'Despite my previous letter you still have a rent debt of £just over one weeks rent. It is important that we meet to talk about how you will pay this debt. (I have paid two lots of rent since the previous letter, putting me in front until this week) It then says in bold - If you don't keep this appointment o arrange another one and the debt remains unpaid, I will start legal action which could result in you losing your home. The appointment is for the day before payday??? How much sense does this make. Anyway, calmed down a bit now I have typed my frustration If anyone knows if they can send these letters I would be grateful Many thanks

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I raise a glass to ................ Nan and Grandma, and Papa and Granddad. I'm 21 with no grandparents. I RAISE A GLASS OF Jack Daniels (my tipple) and celebrate your lives. I LOVE YOU, I MISS YOU, GOD BLESS

Hi again, After going through the paperwork, this default must have been placed by Blair, Oliver and Scott who had agreed to and was receiving my token payment at this time, as Capquest didn't purchase this debt from the OC until 2009. Wescott apparently purchased it too but returned it to the OC when I pointed this out to them (received the letters from both companies on the same day!!) I want to try and get this default removed as the original dropped off my credit file last year, and it is unfair to default me indefinitely forever and ever for the same debt! Who would I write to? Would it be Capquest as they now have it or B,O&S as they had it on the date of default. Any advice would be gratefully received. Many thanks

Hi, Bit of advice needed please. Is it right that a debt can only be defaulted once? I received a DN from the OC in Jan 2005 when I asked for a repayment plan to be set up on the account due to financial difficulties once I lost my job (started making token payments). I then received a DN from the OC in Nov 2007 (was still making token payments) On checking my credit file, Capquest have placed one in 2008 (I do not have a copy of this DN) but they have told the CRA that they will not remove it as the 2008 default is correct. I always believed that a debt can only be defaulted once? Or have I got my facts completely wrong........ Can somebody clarify this for me please. Many thanks, InAPickle.