Guarantor in a pickle due to non-payment George Banco (aka Everyday Lending Limited)

[dx100uk]

So setup a payment plan at say £10pcm for the remaining £160?

.

 

problem solved?

[Massamum]

I thought with the irresponsible lending aspect the debt could be written off?

[dx100uk]

could , yes... but they've wiped everything they should.

 

i notice re reading the thread 

there is no signs of either default notice.

 

so it might be an idea to sit on her hands until/unless they issue a letter of claim.

 

dx

 

[josephine35]

No, no default notice has ever been served. 

 

They have started up again sending us the usual harassing  generic texts and emails asking for the £48.73 per month. 

I'm going to wait for the letter of claim (if they ever send one, seems they have no idea what they're doing) 

 

I don't think we should set up a payment plan due to the irresponsible lending in the first place. 

 

Does anyone know where we stand if no letter of claim is received? 

 

I feel tempted to go to the financial ombudsman and report them now. Is that a good move at this stage ?

 

 

 

Edited December 19, 2021 by dx100uk
spacing

[dx100uk]

no sit on your hands

 

theres nothing the FOS would do unless you think otherwise?

you can't complain about no defaults ......

 

if no LOC then the debt ticks slowly toward statute barring.

 

you should be blocking and bouncing ALL their emails

and you should be blocking and reporting texts to 7726.

 

 

[josephine35]

I wasn't going to complain to FOS about no defaults. 

 

I wanted to report banco to FOS for the IRL in the first place and I wasn't happy with their response to us about setting up a payment plan. I think the debt should be written off. 

 

Thanks for the advice about blocking, bouncing anf reporting emails.  We shall set that up. 

 

 

[dx100uk]

sure you've been told before about email & texts.

 

she might owe £160, if the fos agree then thats bad and enforceable against her.

 

better to see what they do now.

 

[josephine35]

I don't recall being advised to block emails and texts? 

 

Yes, we will wait and see what they do next. They have our home addresses to correspond with us.

 

 

[dx100uk]

yes i see, however a quick bit of self help reading a few threads in this PDL forum will show it's std advice on every debt, not matter what it's type.

 

if you do those things, which removes their free way of harassing her, trying to intimidate and worry, they'll eventually, poss, might, actually revert to letter writing, then you have a papertrail, should the need ever arise to involve the authorities in the future.

 

for now i'd go enjoy xmas and new year, even if they were to send IF IF IF a letter of claim after a series of other rubbish that can be ignored til LOC, you've got 30days to reply to it and thats well into the new years.. so enjoy the holiday season now.

 

dx

 

[josephine35]

Thanks for the info and hope you enjoy Christmas and New year too. 

[josephine35]

Hello, 

I've received this letter in the post.  Its headed up, Notice of Arrears.

Can anyone please advise me if its a default notice or not?  

I haven't received a Letter of Claim. 

Any guidance will be most appreciated, thank you. 

20220124132917.pdf

[Andyorch]

Not a default notice....Notice of Arrears is a requirement pursuant to Consumer Credit Act 1974 which a creditor must send to you.

 

https://www.legislation.gov.uk/ukpga/1974/39/part/VI/crossheading/sums-in-arrears-and-default-sums

 

[josephine35]

Thank you for such a quick response. So would you advise I ignore it? 

 

[Andyorch]

Well its not asking you to actually do anything...simply informing you as its a legal requirement.

[josephine35]

Ah OK, i guess my daughter and myself will have to hold our nerve for a bit longer. Thanks again. 

 

[dx100uk]

hold Nerve on what?

that letter is wrong.

only £160 is poss owed as per their last 'settlement' letter

 

the OC wont ever do court, they'll sell it on for about £20 to a debt buyer/dca and wipe their hands of it.

 

come back if that ever happens

[josephine35]

On waiting for the LOC, although I realise they might not send one at all. 

Yes, will definitely come back for advice if they sell the debt on. Thank you. 

[dx100uk]

Sorry even though you now realise, as an oc never does court, their wont ever most probably be an loc until its ever sold on...and with the obv dispute about the debt balance, they'd drop it like a hot brick.

 

out herding sheep so cant scroll too well. But did these default notices ever show up?? Too

[josephine35]

Just checked my credit report and no default notice is showing 

[dx100uk]

Open 

 

Dx

 

 

 

 

[josephine35]

Thank you.  Hope you are well.  

My daughter has today received a default on her credit report from Everyday Loans.  No letter of claim. Just the default. No default is showing on my credit report so far.

Can you please advise of our next step dx100uk? 

Many thanks

Josephine35

 

 

[dx100uk]

Just a d means nothing.

Has she had a letter entitled notice of default?

 

Dx

[josephine35]

I'm at work at the moment.  Maybe there's a letter when I get home?

i will let you know. 

Thank you again. 

 

[josephine35]

No, she hasn't received a letter.

I think this default on her credit file has made her credit rating go down even more. 

 

Shall I just threaten George banco with saying I will report them to the ombudsmen for irresponsible lending? 

 

I have it in writing that they carried out no credit checks on my daughter and myself,  as her guarantor,  when they approved the loan. 

 

Please tell me what you suggest we do.

 

Thank you. 

 

[dx100uk]

On 16/12/2021 at 19:35, dx100uk said:

could , yes... but they've wiped everything they should.

 

i notice re reading the thread 

there is no signs of either default notice.

 

so it might be an idea to sit on her hands until/unless they issue a letter of claim.

 

dx

 

Already answered this 

 

Reread the thread.

 

Dx