My DMP diary

[Joanna Connolly Solicitors]

I have received an acknowledgement from Cabot for one of my accounts they hold informing me they dont have the CCA and will request it from the original lender and aim to get back to me within 12 days. It is for a Halifax Credit Card not a New Look Store Card which I originally thought.

A quick question if I may - do you mean Cabot have been assigned your Halifax personal loan in your post below, or is it a Halifax credit card which is not (yet) on your Diary?

HALIFAX

• Type of account - Personal loan
• Date commenced - 2010
• Approx balance - £7,317.22
• Date last 'full' payment - May 2013
• Date of last payment - Feb 2020
• Arrangement - DMP
• Status - no longer showing on credit report
• Account owner - Moorcroft Debt Recovery

Di

[d_mcl85]

Hello again,

So, so far I have received an acknowledgement from Cabot for one of my accounts they hold informing me they dont have the CCA and will request it from the original lender and aim to get back to me within 12 days. It is for a Halifax Credit Card not a New Look Store Card which I originally thought.

I have also received the SAR info from Likely Loans, they have included the CCA with the SAR documents. Very little info on the application details just basic info name, address, contact details, employment status, salary, application reference, decision approved, loan amount, loan term, loan purpose, interest rate, monthly installment amount, total amount payable and bank details. Apart from that they've sent the statements of account, temporary arrangement to pay letters and notice of sum in arrears so from that I dont know what affordability checks they carried out to assess my ability to pay, they certainly didnt ask for any pay slips or ask any questions about my existing outgoings.

can someone please advise how I add notes to the accounts I listed at the beginning of this post please so I can keep a running log of what information I receive for each of the accounts.

Thank you

Debbie

[d_mcl85]

I have sent a SAR to their dedicated privacy email address. I will get the CCA request sent off tomorrow.

[d_mcl85]

Thanks for your input all. I will get a CCA and SAR request sent off to Likely Loans this week. Is there a template letter for a SAR request?
I have sent off all my other CCA requests and they should be received by the companies tomorrow so I wait in anticipation as to what comes back from them.

[Joanna Connolly Solicitors]

I havent sent them a CCA request at this time as I thought I would see what they respond back with from my irresponsible lending complaint, however, as I cant locate any documentation maybe I should send one now then I have it ready should I need to escalate it to the FOS.

I agree with NW, send a formal s77-79 CCA Request which will help you to establish your legal position, and maybe help Likely Loans to focus seriously on your Irresponsible Lending complaint.

I also agree with NW that you should send them a Subject Access Request to discover what data they hold on you, and as importantly what data they don't have

Di

[d_mcl85]

They havent rejected it yet, I have only acknowledged receipt of it and stated they can take up to 8 weeks to respond

[Warwick65]

Well personally I would get the sat off now and escalate to the fos

what reason did they give for rejecting your affordability complaint?

[Warwick65]

I know I’m either Brave or stupid ?. I was really meaning it is the end of the working week and while I don’t for a moment thinks this a job for Di, she will no doubt have her own life to think about. Prosecco food and family . Not necessarily in that order.

[nightwatch]

for a CCA request, you need to make a formal request and send the £1.00 fee required, that way they have to send it to you with in 14 day's , or the account becomes Unenforceable (UE) till they do.
This means that if you were to stop payments they CAN ASK for you to pay, BUT they cannot take it through the courts.

If they don't have a CCA they are supposed to inform you of that fact.
there is a CCA template on here for you to use

A SAR/GDPR on the other hand is a request or any and ALL information they hold on you in their system, which should include how and when you applied for the loan, along with when it was paid to you, any communication between you, them, or any other persons that had anything to do with your data.
The fee was £10 but is now free.

[nightwatch]

Sara aka Denbt Camel is someone i would trust- unlike others out there.
Are you sending a cca request to Likely Loans. I actually think a SAR may be a good idea first - try to find out what info they had or indeed what info they asked for.

Meanwhile I would escalate the the FOS although it will take an age.

Maybe Di has thoughts on the SAR but it is Friday so she may have her feet up

My you are brave to say that. I think Di has forgotten how to put her feet up, she is all out helping people to stay out of the clutches of DCA's, also some people that think they know it all but know nothing.
the last line is NOT refering to any posters on this site may I add, ok maybe the odd one sneaks in , but then we squish them.

[d_mcl85]

I havent sent them a CCA request at this time as I thought I would see what they respond back with from my irresponsible lending complaint, however, as I cant locate any documentation maybe I should send one now then I have it ready should I need to escalate it to the FOS. What are your thoughts on this? Is it unlikely just they will send a copy of the agreement without a specific request for it and paying the £1 fee?

This is the wording I used .I am making an irresponsible lending claim in relation to a loan taken out in Aprril 2018.

I would be obliged if you would send me details for my loan, showing when the loan was taken out, the amount of interest and fees that were added and what I have repaid to date.

Should I have asked for more info like proof of what credit checks they made?

Regards

Debbie

[Warwick65]

Sara aka Denbt Camel is someone i would trust- unlike others out there.
Are you sending a cca request to Likely Loans. I actually think a SAR may be a good idea first - try to find out what info they had or indeed what info they asked for.

Meanwhile I would escalate the the FOS although it will take an age.

Maybe Di has thoughts on the SAR but it is Friday so she may have her feet up

[d_mcl85]

Hello Di and Warwick

The loan was for £5,000, with the interest they've added I owe over £13k back. I have repaid about £1300 back so far. I have searched my emails but cant find any documents.
What really surprised me was how quickly it took from application to receiving the money, it was within an hour from what I remember, maybe even instantly. I saw an advert on TV one evening and applied, was approved and paid. I definitely didnt give them any bank statements or proof of income.
I didnt get any help as such with the complaint I sent them, I sent it before I found this site. I just used wording from a website called debt camel.

Re my CCA requests for the other I have been for the postal orders tonight and will get them sent off recorded delivery tomorrow.

[Warwick65]

Hi
What Di said is correct- Likely Loans did exactly that to me. I filled in the application and the next thing I knew I had received £4000 into my account. I had not signed anything . Admittedly I called them and told them what had happened and they were almost too nice. I just repaid the 4K no questions asked and nothing every appeared on my credit file.

Does any of that ring a bell with you?

Can I also ask how much was the original loan as possibly you will have a valid complaint about the interest rate.

[Joanna Connolly Solicitors]

Oakbrook Finance LTD/Likely Loans

• Type of account - Personal Loan
• Date commenced - April 2018
• Approx balance - £12,083.60
• Date last 'full' payment - July 2018
• Date of last payment - Feb 2020
• Arrangement - DMP
• Status - Arrears
• Account owner - Oakbrook Finance

25.1.20I Uunaffordable/irresponsible lending complaint made
3.2.20 - Likely loans confirmed receipt of complaint and aim to respond within 8 weeks.

If Oackbrook Finance Ltd T/A Likely Loans don't uphold your complaint (in a Final Response letter) you can escalate it to the FOS before the 8 weeks are up. If Likely Loans haven't reached a decision when the 8 weeks are up, you can escalate it to the FOS anyway.

Did you have any help on how to make your complaint?

How was the loan taken out, such as online?

In some cases Likely Loans would simply transfer the money into your bank account because you've made an application but before you signed (tick box?) any credit agreement.

I'll ask Warwick65 to pop in

Di