No I don't unfortunately. Is my best hope to fight for the original amount offered by Avant Credit before ACL bought the debt? I phoned the FOS and they've said I need to now raise a complaint about ACL formally and ask them to put the Letter of Claim on hold.

I've had a letter of Claim from TM Legal Services come in the post. Here's a copy, I've removed names and references. Claim Form TM Legal Services.pdf

I know it's an email and not written instruction but I've had a "Instruction of TM Legal Services Limited" come through. "TM Legal Services Limited are instructed by us to commence the legal process. You will shortly receive communication from TM Legal Services Limited, which will include details of how you can contact them." Should I still ignore this?

Alright, thanks again for your advice.

it says it was settled on July 2017 It states 6 missed payments but no defaults but there is a DA status on Aug 2017.

Just had another look, it's under Avant's name as a settled account with 0 balance.

No, i'm still at the same address.

Thanks for both of your advice. I will wait, They have offered a reduction last week for £1.6k. I know it doesn't matter but there is nothing currently on my credit record of this debt. Thanks

Did you get chance to look at the agreement iv uploaded?!I’m not sure what I’m looking for.

I've had the credit agreement back and now i'm getting emails with "We have been trying to contact you to discuss your account but have had no response to date. Our goal is to resolve this matter with you, however if we do not hear from you we will have little option but to refer this matter, which may result in commencing legal proceedings against you. This would result in a claim being registered with HM Courts and Tribunals Service (England & Wales), Northern Ireland Courts and Tribunal Service (Northern Ireland) or Sheriff Court (Scotland) with a view to gaining a County Court Judgment (England & Wales) or Decree (Northern Ireland & Scotland) against you. Please note; in the event of a claim being registered, we are legally entitled to add costs to the outstanding balance. However, even at this late stage you can prevent this by contacting our Customer Care Team who are trained to understand your personal circumstances and to establish an affordable repayment plan where appropriate. Also, subject to affordability we are open to consider all reasonable offers of settlement. ACI are committed to treating everyone with courtesy, compassion and understanding to help you manage your financial situation."

Here's the agreement. I've taken out personal details. Asset Credit Agreement Gensk121.pdf

I sent them a CCA request after this, it's been just over 3 weeks since they signed for it, with no response. Just wondering the best course of action now? I'm still getting the odd email and phone call from them threatening further action if nothing is done. Do I just sit tight and wait?

That's a good point. I will get that across to them. Thanks

I previously took Avant credit to the FOS won the case and had a £4500 loan reduced to £2200. Avant then made me a good offer as I was struggling for money. They emailed me saying pay us £877 and we'll close the account. I managed to get the money together and went to pay them £877, only to find Asset Collections now own this and will not accept anything less than 2k. I have sent them the email from Avant. Which they have refused to accept. Do I have any power here to keep the offer at £877?

I missed 7 payments from Apr - Oct 17. £281.50 each - £1,970.50 They demanded the full sum of £7,771. be paid in October and I said I could afford to start repaying the £281.50 from November. So they took that as a last chance to stop it going to court. Then this month the guarantor has been asked to pay more.

Just an update, I went for a final decision on with the FOS, and it came back favoring UK Credit. UK Credit are now calling the guarantor for additional payments due to the 'state of the account'. Even though I have started paying the full £281.50 a month repayment again since November, so that it wouldn't go to court. They agreed this was satisfactory back then. UK Credit are now calling the guarantor for additional payments due to the 'state of the account'. For anyone interested in the final decision statement: I’ve considered all the available evidence and arguments to decide what’s fair and reasonable in the circumstances of this complaint. A lender is required to make proportionate checks about the affordability of a loan before lending to a customer. What is proportionate for each loan will depend on the circumstances of that loan. UK credit says Mr G advised it that his monthly income averaged about £1,278 and that it verified that amount by an electronic check of his current account. It says that it assessed his outgoings and that Mr G confirmed his average monthly expenditure. And it says that it calculated his average monthly surplus (after making the loan repayment) as £138.73. Mr G had said that the purpose of the loan was to consolidate his short term loans and UK Credit asked him for details of those loans. Mr G provided it with information about some of his loans – but despite being asked whether he had other loans he didn’t tell it about all of his loans. I consider that the information that it gathered about Mr G was proportionate in the circumstances. I’m not persuaded that there was any need for it to have obtained more information about Mr G’s financial circumstances. And I don’t consider that there was any need for it have obtained a credit report about Mr G. On the basis of the information that it had gathered, it made an affordability assessment which showed that Mr G had enough disposable income to be able to afford the loan. That assessment didn’t include Mr G’s partner’s income. The affordability assessment didn’t include bthe repayments that Mr G was making on all of his loans because he hadn’t provided thatb information to UK Credit. And Mr G’s partner guaranteed that he would make the loan repayments. So I’m not persuaded that it was irresponsible for UK Credit to have made the loan to Mr G in these circumstances or that it has acted incorrectly. And I find that it wouldn’t be fair or reasonable for me to require UK Credit to cancel the loan, pay any compensation to Mr G, release his partner from the guarantee or to take any other action in response to his complaint. Mr G’s evidence shows that he’s now suffering financial difficulties. UK Credit must act positively and sympathetically in response to any financial difficulties that he’s experiencing. And I would expect it to try to agree a repayment arrangement with Mr G for the outstanding balance of the loan, which takes account of his income and expenditure. my final decision For these reasons, my decision is that I don’t uphold Mr G’s complaint.

Thank you for the information I've read the parts of the FCA handbook you mentioned. I'm trying to put some additional information together to build the strongest case. Do the refinancing rules only apply to high-cost short-term credit loans? and is a guarantor loan classed at HCSTC? Thanks again

Sorry misunderstood the question. I carried on taking loans out until around March 2017, and then decided I needed to do something about it for good. I got help with the gambling and put complaints in against all the lenders. I've had good success claiming against other Payday loans. Most have either been refunded or reduced if they are still outstanding. It's just this guarantor loan that I've had trouble with.

Hi fkofilee, Thanks for looking. I did tell UK Credit before I took out the loan the debts I had and what I planned to clear. Here is the adjudicator's opinion. I rejected it and gave some more points to why it was unaffordable + the fact he missed 3 credit cards, which he has gone against. I have now got to go to the Ombudsman for a final decision, but I'm looking for more evidence to take with me as i'm worried they'll disagree like the adjudicator.

I took out a loan with UK Credit in January 2016. At the time I had numerous outstanding PDLs and a serious gambling addiction. The loan was for £7,500 over 4 years with a repayment of £281.50 a month and my long-term partner would be the guarantor. My monthly wage was around £1270 after tax. Monthly outgoings after taking the loan Mortgage, utility bills £450 pm UK Credit - £281.50 pm AVANT Credit - £175 pm Santander Credit card £1,878 balance, Minimum payment of £35 pm Home Retail Group Store card £337 balance, Mimimum payment around £30 pm Marbles Credit card £897 balance, Minimum payment around £43 pm EE monthly phone bill £40 pm = £1054 Then you have transport, shopping, and other forms of personal expenditure which from looking at bank statements shows was more than the remaining £220. What I used the loan to clear. £969 Payday UK £2,556 118118 £260 EE £274 Mr Lender £903 Myjar £977 Sunny Loans £550 Vanquis The remainder was used to pay my partner for money owed to her. I managed to make repayments for about a year but this was threw further payday loans and gambling. When all this came to a hault the payments stopped and I have only been able to renew these from November 2017. When I approached StepChange, UK credit were not helpful in the slightest they just pushed the debt on to the guarantor who was also struggling due to my financial problems. I said the the loan was unaffordable, UK Credit rejected my complaint straight away so I went to the FoS. An adjudicator has looked at the case and has said that in their opinion UK Credit are not in the wrong. So i'm now in the position of going for a final decision and wanted to know if anyone had any advice if i'm in the wrong/right and what could help sway the decision in my favour.

After having issues with gambling and payday loans, my credit score was ruined and my partner agreed to help me with a guarantor loan to consolidate some of the debt, a terrible idea as we've found out. At the time I had over £10,000 of HTSTC loans outstanding and said I would consolidate some of these with the loan. UK Credit lent £7,500 to me, with repayments of £281. I paid around £6,000 off the HTSTC loans with the money, the rest I owed to my partner. Straight away I struggled, took out more debt to help with payments and then in April 2017 stopped due to lack of finances. In June I filed a complaint with UK Credit claiming irresponsible lending. Soon after the Ombudsman wrote to myself saying they were looking into the case and asking UK Credit for information, UK Credit wrote to the guarantor with a Letter Before Action notice, stating the remaining £7,543 had to paid in full, otherwise court action would follow. My guarantor is often pestered saying court action is soon approaching if nothing is done. Too get them off my back while the Ombudsman looks into this, last month I offered £200 a month which they rejected and stated that they wanted the full £280 a month repayment upheld. As they didn't agree with our expenditure forms. I currently have £800 a month going out in debt repayments. I would like some advice on how to get them off guarantor's back. How likely is court action? What is the best course of action until the Ombudsman takes further action?

Well done, I had a similar response from 247 stating that I was in the wrong to claim against them but they still dropped the debt.

Sorry I've been really busy and forgot to come back to this post. @rascal Once with the FOS it takes them a few weeks to assign an adjudicator. This varies, some have take 1-2, others are 4 weeks in and still nobody has been assigned to some cases. I'm currently negotiating with QuickQuid, Vivus and MyJar at the moment. The Adjudicator will give them around two weeks after their decision to confirm. What you will often find is the PDL will disagree with their decision and it almost resets the process. The adjudicator may change their mind or a lower offer from the PDL will be given and this leads to another two weeks for a new decision. So far the adjudicators have been weighted heavily in my favour, but the lenders keep disagreeing and deploying what seems to be deliberate stalling of the process. Most of my cases are 8 weeks in from FOS submission and i feel it could be another few weeks before the first conclusion is made.

Thanks for the reply and thank you for the guide I have already been using it to form most of my claims, I cant thank you enough there. My loan history: Current: Satsuma £2200 Vivus £900 CashFloat/Western Circle £800 The Money Shop £400 Moneybox247 £250 CashAsap £500 Credit cards: Totaling 3.5k Defaulted on almost all of these and they're all maxed cap. Overall history (Since 2012) and complaints: Wonga, 25+ loans - success £950 received Sunny, 15+ loans - success £960 received Mr lender, 5 loans - success - £450 received Lending Stream, 3 loans - success - £550 received Payday UK. 15+ loans - rejected, now with FOS (£1500 interest total) Quickquid, 5 loans - rejected with FOS (£400 interest + fees total) Cashfloat, 3 loans - rejected (£800 interest + fees total) MyJar - 3 loans - rejected with FOS (£1370 interest + fees total) Vivus, 3 loans - rejected with FOS (£766 interest + fees total) Satsuma, 3 loans, rejected (£1200 interest + fees total) SafeLoans, 2 loans, rejected with FOS (£300 interest + fees total) CFO, 2 loans rejected with FOS (£200 interest + fees total) Avant have agreed to lower the repayment to £1.4k if i do within the next 30 days. Most of the rejects are a similar response to Cashfloat, "You've managed to pay your loans off ok until now, and it's your affordability assessments that were entered incorrectly at the time" The FOS has just come back to me on the Vivus complaint and there asking about my affordability at the time.

I'm in a big payday loan mess, from gambling and reckless lending. After reading these forums I decided to complain to most the lenders I've taken loans from in the last five years. This totalled to around 14 and I currently owe around 20k to PDLs, a guarantor lender, a loan from Avant and a couple of credit cards. I've had some success with some already wiping £2k from my list and I have a number of complaints currently with the FOS. Some have come back and disagreed, due to incorrect affordability information from my side. My question is, if they are correct can I continue or should I continue regardless? Here's a recent reply from Cashfloat. A thorough review of your account has determined that we followed all our processes and conducted a creditworthiness and affordability assessment on each loan application made by you. According to our calculations, based on real-time data received from leading credit reference agencies, your net monthly household income of £3,500 left you with sufficient funds to comfortably cover the agreed repayments on each of your Cashfloat loans, without jeopardising your existing credit commitments and priority living expenses at the time. I note that you did in fact repay all of your previous loans with the Company on time, or! early, and did not default on any agreed repayments. Furthermore, our records indicate that our underwriters spoke with you on two separate occasions, on 03/05/2016 and 22/08/2016, in order to verify the exact level of monthly payments to which you were committed at the time. Your loans were approved only after they had reviewed your income and expenditure with you, and been assured that you had sufficient disposable income to cover your existing commitments, as well as the repayments on your Cashfloat loans. Any advice would be much appreciated.