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Background
In 2011, the tenancy agreement in my old student digs came to an end. As I was no longer a student, I needed to find private accommodation. I formed a group, and we all got along well. We found a house, paid non-refundable letting agency fees, deposits, etc. At the last minute, one of our group pulled out as he received a job offer in London. The remainder of us could no longer afford to take the house and we lost £100s in non-refundable fees.
I had just days to find somewhere to live, but couldn't. I put what I had in storage and was effectively homeless. Payday loans helped ease of moving around between hotels, B&Bs, temporary accommodation, etc, and finally a deposit on a flat.
The payday loans spiralled out of control, and I kept running out of money each month. I would therefore take on other payday loans, just to fill the financial gap that other loans had made with their interest.
I was earning a decent enough wage for my age, nearly £30k, and yet I could barely afford to live.
The payday loans also meant I had no money to pay my other creditors, etc.
On 20th May 2013 I lost my job, and have stopped paying most of my creditors.
Creditors
HSBC Overdraft
The agreed limit was £1750.
30 October 2009: HSBC charge me £100 for going over the agreed limit
17 November 2009: During a call with HSBC we agreed that if I paid £15 on 3rd December, they would stop recovery action. My student loan was late this year, and HSBC accepted this as a reason for being over my agreed limit.
03 December 2009: £15 paid in as agreed
08 December 2009: HSBC used 'set off' and transferred £240 from a savings account. This money had been transferred to me by my housemates to pay our shared bills.
2011
On numerous occasions during 2011, HSBC placed a fraud block on my debit card requiring me to call them and confirm the transactions were mine in order to get the block removed.
On the final occasion, despite me confirming that ALL of the transactions were mine, HSBC decided to put a security lock on my account, meaning I could not use my debit card or withdraw any money.
I went into my branch several times, but they would not remove the block because of my identification. I did not have a passport or driver's license, and they demanded to see one. I tried everying, birth certificate, university campus card, NI card, etc, but they would have none of it.
Obviously, the account fell into disuse, but HSBC were still allowing direct debits. Eventually these took me over my agreed overdraft limit, which ultimately led to a default and the account being closed.
02 May 2013: I sent a formal complaint under The Banking: Code of Business Regulations. I explained my personal situation (high level of debts, mental health issues, Aspergers), and outlined their total lack of care and skill while handling my account. I concluded by demanding they write off the entire debt, and said I may sue them for Breach of Statutory Duty, if they did not resolve the complaint to my 100% satisfaction.
I basically argued their treatment of me was unfair, in particular, locking my account and not letting me use it, then demanding I pay it all back. And secondly, unfairly using their right to set off after we had an agreement in place for £15 which was honoured.
I'm still waiting for their response.
HSBC Credit Card
Original Limit: £500
Due to PDLs, I fell behind on my payments.
06 May 2013: Sent: CCA request to Metropolitan Collection Services (MCS)
29 May 2013: Sent: SAR to HSBC to obtain information about charges
31 May 2013: Sent: Non-compliance with CCA request to MCS
12 June 2013: Received: Final Demand from MCS
13 June 2013: Received: CCA from MCS
NatWest Overdraft
This is my main account and still in active use.
NatWest Credit Card
Original Limit: £500
Due to PDLs, I fell behind on my payments.
This account has disappeared from online banking with NatWest, but I've heard nothing about it since last year.
Very.co.uk owned by CapQuest
Original Limit: £400
Due to PDLs, I fell behind on my payments.
06 May 2013: Sent: CCA request to CapQuest
10 May 2013: Received: Letter from CapQuest saying account was on hold for 28 days whilst they obtain my information
31 May 2013: Sent: Non compliance with CCA request letter
04 June 2013: Received: Letter stating CapQuest are dealing with this as a formal complaint and will write to me with the outcome of their investigation.
They don't seem to have the agreement!
JD Williams owned by Fredrickson International
Original limit: £150, increased to £900, then increased to £1250.
At around the time I defaulted, my balance was £966.62 which included some penalty charges.
Due to PDLs, I fell behind on my payments.
03 June 2013: Sent: CCA Request to Fredrickson
11 June 2013: Received: Letter saying they have put the account on hold as they "have reffered the mattered to [their] client".
Vanquis owned by Moorcroft
No action taken so far
Aqua Owned by ??Somebody??
29 May 2013: Sent: SAR for information about charges
Cash Genie
09 May 2013: Sent: Formal Complaint quoting CPUTR2008; threatened court.
22 May 2013: Received refund of £120
Wonga
25 November 2011: Took out loan, could not afford to repay
01 January 2012: Attempted to set up repayment arrangement
25 April 2012: Repayment arrangement finally agreed, Wonga had added over £450 interest and charges. Arrangement was for ~£156/month.
25 March 2013: Arrangement complete. Debt repaid.
29 May 2013: Sent: Formal Complaint, demanding refund of unfair charges and interest. Threatening court action.
WageDayAdvance owned by Motormile
30 April 2013: Sent: CCA request
13 May 2013: Received: Notice of Assignment and badly reconstituted credit agreement. The CCA had the wrong account number and credit limit. The original CCA was NOT signed by the creditor, the reconstituted one was. The reconstituted agreement did not match the terms and conditions of the original.
19 May 2013: Sent: Email saying CCA was not valid and of no merit.
MMile have discontinued all communication attempts.
Background
In 2011, the tenancy agreement in my old student digs came to an end. As I was no longer a student, I needed to find private accommodation. I formed a group, and we all got along well. We found a house, paid non-refundable letting agency fees, deposits, etc. At the last minute, one of our group pulled out as he received a job offer in London. The remainder of us could no longer afford to take the house and we lost £100s in non-refundable fees.
I had just days to find somewhere to live, but couldn't. I put what I had in storage and was effectively homeless. Payday loans helped ease of moving around between hotels, B&Bs, temporary accommodation, etc, and finally a deposit on a flat.
The payday loans spiralled out of control, and I kept running out of money each month. I would therefore take on other payday loans, just to fill the financial gap that other loans had made with their interest.
I was earning a decent enough wage for my age, nearly £30k, and yet I could barely afford to live.
The payday loans also meant I had no money to pay my other creditors, etc.
On 20th May 2013 I lost my job, and have stopped paying most of my creditors.
Creditors
HSBC Overdraft
The agreed limit was £1750.
30 October 2009: HSBC charge me £100 for going over the agreed limit
17 November 2009: During a call with HSBC we agreed that if I paid £15 on 3rd December, they would stop recovery action. My student loan was late this year, and HSBC accepted this as a reason for being over my agreed limit.
03 December 2009: £15 paid in as agreed
08 December 2009: HSBC used 'set off' and transferred £240 from a savings account. This money had been transferred to me by my housemates to pay our shared bills.
2011
On numerous occasions during 2011, HSBC placed a fraud block on my debit card requiring me to call them and confirm the transactions were mine in order to get the block removed.
On the final occasion, despite me confirming that ALL of the transactions were mine, HSBC decided to put a security lock on my account, meaning I could not use my debit card or withdraw any money.
I went into my branch several times, but they would not remove the block because of my identification. I did not have a passport or driver's license, and they demanded to see one. I tried everying, birth certificate, university campus card, NI card, etc, but they would have none of it.
Obviously, the account fell into disuse, but HSBC were still allowing direct debits. Eventually these took me over my agreed overdraft limit, which ultimately led to a default and the account being closed.
02 May 2013: I sent a formal complaint under The Banking: Code of Business Regulations. I explained my personal situation (high level of debts, mental health issues, Aspergers), and outlined their total lack of care and skill while handling my account. I concluded by demanding they write off the entire debt, and said I may sue them for Breach of Statutory Duty, if they did not resolve the complaint to my 100% satisfaction.
I basically argued their treatment of me was unfair, in particular, locking my account and not letting me use it, then demanding I pay it all back. And secondly, unfairly using their right to set off after we had an agreement in place for £15 which was honoured.
I'm still waiting for their response.
HSBC Credit Card
Original Limit: £500
Due to PDLs, I fell behind on my payments.
06 May 2013: Sent: CCA request to Metropolitan Collection Services (MCS)
29 May 2013: Sent: SAR to HSBC to obtain information about charges
31 May 2013: Sent: Non-compliance with CCA request to MCS
12 June 2013: Received: Final Demand from MCS
13 June 2013: Received: CCA from MCS
NatWest Overdraft
This is my main account and still in active use.
NatWest Credit Card
Original Limit: £500
Due to PDLs, I fell behind on my payments.
This account has disappeared from online banking with NatWest, but I've heard nothing about it since last year.
Very.co.uk owned by CapQuest
Original Limit: £400
Due to PDLs, I fell behind on my payments.
06 May 2013: Sent: CCA request to CapQuest
10 May 2013: Received: Letter from CapQuest saying account was on hold for 28 days whilst they obtain my information
31 May 2013: Sent: Non compliance with CCA request letter
04 June 2013: Received: Letter stating CapQuest are dealing with this as a formal complaint and will write to me with the outcome of their investigation.
They don't seem to have the agreement!
JD Williams owned by Fredrickson International
Original limit: £150, increased to £900, then increased to £1250.
At around the time I defaulted, my balance was £966.62 which included some penalty charges.
Due to PDLs, I fell behind on my payments.
03 June 2013: Sent: CCA Request to Fredrickson
11 June 2013: Received: Letter saying they have put the account on hold as they "have reffered the mattered to [their] client".
Vanquis owned by Moorcroft
No action taken so far
Aqua Owned by ??Somebody??
29 May 2013: Sent: SAR for information about charges
Cash Genie
09 May 2013: Sent: Formal Complaint quoting CPUTR2008; threatened court.
22 May 2013: Received refund of £120
Wonga
25 November 2011: Took out loan, could not afford to repay
01 January 2012: Attempted to set up repayment arrangement
25 April 2012: Repayment arrangement finally agreed, Wonga had added over £450 interest and charges. Arrangement was for ~£156/month.
25 March 2013: Arrangement complete. Debt repaid.
29 May 2013: Sent: Formal Complaint, demanding refund of unfair charges and interest. Threatening court action.
WageDayAdvance owned by Motormile
30 April 2013: Sent: CCA request
13 May 2013: Received: Notice of Assignment and badly reconstituted credit agreement. The CCA had the wrong account number and credit limit. The original CCA was NOT signed by the creditor, the reconstituted one was. The reconstituted agreement did not match the terms and conditions of the original.
19 May 2013: Sent: Email saying CCA was not valid and of no merit.
MMile have discontinued all communication attempts.
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