Claim Process

Why do you need my credit report?

Your credit report allows us to see the information your lender has recorded against your name.
We are also able to see the amounts borrowed, payment history, duration of account and the number of accounts opened.

We will also be able to see if you’ve had other payday loans open at the same time which can often impact on your credit.

Whilst this helps us to build a picture, some lenders do not record every account and as such, we will request further information from your lender which enables us to determine the total amounts borrowed, the total interest charged and paid.

From this information we are able to determine whether or not your lender has been irresponsible in providing finance.

How long does my lender have to acknowledge my claim?

Under the FCA Rules, the lender should acknowledge your complaint in a reasonable amount of time.
We deem 5 working days to be acceptable.

Where your lender fails to acknowledge your claim, we will issue further communication in request of an acknowledgement.

Your lender may contact you via email to verify that you provide us with authority to further progress your claim.
As per your Conditional Fee Agreement, this must be done promptly.

Why am I not getting updates?

We provide updates as your claim progresses and outline within our emails as to what happens next.

When a claim is acknowledged, your lender has 56 days to issue either their Final Response or notify us that they are to be delayed in issuing their response to us.

During this time, we will not be able to provide an update as your claim will remain as awaiting a response.

If we require any information from you during this time, we will be in contact with you.

How long do payday loan claims take to complete? 

No 2 claims are the same and as such, the time to process your claims may vary.  Typically, your lender will provide their final response to us with 56 days of acknowledging your claim.  If your claim is rejected, additional time may be required should your claim be issued to the Financial Ombudsman Service.

I want to cancel my claims!

We’re sorry to hear you want to cancel your claims.

You may cancel by any reasonable means as per your Conditional Fee Agreement;

7. Cancellation Rights;

7.1 To cancel your claim(s), you can call us by Phone; 01554 575000
by Email [email protected]
or in Writing; Suite 2, Dura Park, Yspitty Road, Llanelli, SA14 9TD

Please note should you cancel your claim outside of your 14 day cooling off period, we reserve the right to make reasonable charge as per Schedule 8;

8. Cancellation Fees

8.11 We reserve the right to charge a reasonable fee per Claim where your claim is cancelled outside of your ‘Cooling Off Period’ (Clause 7.1) for any of the following reasons (a) Clause 3 (sole instruction), (b) Clause 5 (Your Obligations) & Clause 6 (Our Fees).
8.12 We further reserve the right to terminate any and all cases as per Clause 8.11 for any of the following towards or employees (c) Abuse or Malicious Communication inc; Liable or Slander.
8.2 Where a Claim is cancelled with a Fee payable, you agree: a) To pay Us within 14 days.
8.3 A Cancellation Fee is based on the amount of work undertaken in the administration of your claim with a fee cap £360.00 inclusive of VAT excluding (Debt Collection Fees) Clause 6.4.

Fees

What is your fee’s?

Our fee if successful is 30% plus VAT (20%) = 36%

For example:

Cash Refund:
Cash Benefit: £2,000.00
Fee payable to us by you: £720.00 (36%)

Combination:
Cash Benefit: £1,000.00
Reduction: £1,000.00
Fee payable to us by you: £720.00 (36%)

Full Reduction:
Cash Benefit: £0.00
Reduction: £2,000.00
Fee payable to us by you: £720.00 (36%)

And if you lose?

If we deem your claim unsuccessful, there is no fee to pay us.

*If your claim is cancelled due to a breach of contract, a cancellation fee will be payable.

Financial Ombudsman Service

What are the timescales for me to send my complaint to the ombudsman? 

From receipt of Final Response from the lender, your complaint must be submitted within 6 months.

Why do you need my bank statements? 

To ensure a strong case is issued to the Ombudsman and as stated within your Conditional Fee Agreement, we will need you to provide us with a copy of your bank statements for the duration of time that the loans were active, plus 3 months before and after.

Can I send my bank statements by email?

Yes, you can send these to us in a PDF format to:
[email protected]
or you can send them by post to:
Sanderson Drake, Bres House, Bres Road, Llanelli, SA15 1UA
We recommend that you send them recorded delivery.

I can’t get the bank statements that you are requesting – I no longer bank with them/branch has closed.

Just to confirm, if your bank has since closed or you no longer bank with a particular bank at the time of the requested statements they will still be available to you.
If you contact the banks customer services, they will provide them free of charge as all banks have a legal requirement under the GDPR to maintain your information for a period of 6 years since the last activity.
Alternatively you can request a DSAR (Data Subject Access Request).

What is a DSAR?

A DSAR (Data Subject Access Request) is specifically when anyone asks to receive a copy of the personal data that may be held for you.

I can’t remember my income and expenditure for the time of lending.

An approximate of your expenditure is required, to assess affordability of the loan. This can often be obtained from your bank statements.

Why is it taking so long, I gave you my bank statements a long time ago?

To send a complete business pack to the Financial Ombudsman we require several documents including Letter of Authority, FR (from the Lender), Credit Report, bank statements – sometimes there is a delay in response from the Lenders. Once all the relevant information is received, we can then submit your complaint to the Ombudsman.

I have already provided my bank statements, why are you requesting more?

Bank statements are requested for the time of lending with a particular lender, if the adjudicator during assessment can see a 2nd account, then they will request the statements for that account.

What are the timescales with the Ombudsman?

The Ombudsman originally stated 120 days to complete a complaint. Later, this was increased to 180 days.

I was told my complaint was in a queue last time I called.

We apologise this is taking some time, however this is out of our control as the Financial Ombudsman are receiving a large volume of complaints.

We are aware they are running over the guidelines initially provided to us.

As a company we are doing everything we can to try and push the cases through but we are informed by the ombudsman that the complaint is in a queue awaiting an adjudicator to carry out the assessment.

We understand how frustrating however be assured we are doing everything we can to get the complaint reviewed.

What if the lender does not respond to the Adjudicator’s assessment by the deadline date?

The adjudicator will send a 2nd email to the lender to chase advising them to respond the 2nd request.  If still no response, the complaint will be sent to an Ombudsman for a Final Decision.  If the ombudsman decides a business has acted unfairly – and caused a consumer to lose out in some way – they’ll tell the business what it needs to do put things right. As far as possible, the ombudsman will aim to put the person who’s complained in the position they’d be in if the problem had never happened. This will prolong the claim as the Ombudsman will do a full independent assessment.

What if I do not agree with the Adjudicator?

If you do not agree with the Adjudicator, you can ask for a Final Decision from the Ombudsman. If you accept the ombudsman’s final decision, the financial business must do what the ombudsman says.  If you don’t accept it that’s the end of the Financial Ombudsman involvement. You can take your complaint to court.

I thought my complaint was with the Ombudsman not an Adjudicator? 

I thought my complaint was with the Ombudsman not an Adjudicator?
An adjudicator is the 1st point of contact and will complete the assessment.  If they are unable to resolve a complaint informally, the final set in the process is for one of the ombudsmen to review it.  An Ombudsman is someone with legal powers to resolve complaints – the Financial Services and Markets Act 2000.

Does the ombudsman fine businesses?

No, the job of the Ombudsman is to sort out individual complaints between consumers and businesses providing financial services – where the customer thinks they’ve lost out.  They do not write the rules for businesses – and they don’t monitor (or regulate) business to make sure they follow the rules outside the complaints we investigate.  That’s the responsibility of the regulator, the Financial Conduct Authority (FCA)

I still owe money to the lender; can I stop paying them now the complaint going to the Financial Ombudsman? 

No, you will still need to make payments. This will reflect in the assessment.

Lenders In Administration

What’s happening about my Wonga complaint?

We have submitted a Letter of Authority to demonstrate that we represent a body of Wonga customers who we believe that they were sold an unaffordable loan by Wonga, and that we may have a claim in the Company as an unsecured creditor.  Once the Administrators (Grant Thornton) have sold all of Wonga’s assets and assessed all of the claims, a payment can be made to those whose claims have been assessed and have a valid claim.  Grant Thornton have not issued any timescales, given the volume of claims they have received this may take a significant amount of time.  

What’s happening about my Wage Day Advance complaint?

As you may have seen in the news, Curo Transatlantic Ltd (Wage Day Advance) entered administration on Tuesday 26 February 2019.  This means they are no longer trading, and we are unable to start any new complaints against them, or progress any complaints already made against them. We are waiting to speak with the administrators, KPMG, about what happens with the complaints we currently hold.  It is KPMG who will be responsible for determining how complaints are handled and to determine what funds, if any, are available to settle them.  We will let you know if KPMG asks for details of existing complaints against Curo Transatlantic Ltd.  KPMG will update their website regularly – www.kpmg.co.uk/curo – with developments and answers to frequently asked questions.

Offers

I’ve received an offer, how do I accept this?

We advise that before accepting an offer you first discuss this with us to ensure we can check the offer meets the guidelines set by the Financial Ombudsman Service.

We also look to establish if the offer is deemed a suitable offer based on the number of loans and the sum borrowed.

If you’ve received an offer, please call us on 01554 575000 to establish if an offer is acceptable.
Please note that where an offer is accepted directly, we are not held liable for any loss you may incur should your offer be below an amount we would advise as acceptable.

How long does it take for payment?

Typically, payment is issued within 7 days of your acceptance form being received.  In some cases, your lender may require 28 days from acceptance being received to issuing payment.

Invoices

How long do I have to pay my invoice?

All invoices require payment within 7 days.

We however provide an extension of time to assist you with making payment to us.
Please note that this is done as a gesture of goodwill and is not our normal payment terms.

Can I pay you when I get paid on payday?

We are afraid not as all invoices require payment within 7 days as per our Conditional Fee Agreement.

To avoid offence, please do not ask for extensions as we are not a lender and do not provide credit.

I’ve spent my refund, can I arrange a payment plan?

We will only look to accept a payment plan where you have received no cash benefit or a significant reduction of balance.

As you have received a refund, we will not offer a payment plan, even where the funds have been spent as this would be a breach of your contract with us.

Please note that where you are in breach of contract, we reserve the right to terminate and cancel your additional claims with a fee payable per claim.

I’ve recently lost my job, can I pay you next month?

Unfortunately where an invoice is raised, it requires payment within the timescales outlined within your invoice.

Whilst we appreciate your circumstances have changed, we are not a creditor as we have provided a service.
As such, payment must be made as outlined within your invoice terms.

I’m on holiday, can I pay you upon my return?

Unfortunately where an invoice is raised, it requires payment within the timescales outlined within your invoice.

Whilst we appreciate you are on holiday, as you are able to access mail and the internet, we therefore consider you are also able to make payment.

Can I arrange a payment plan?

We will only look to accept a payment plan where you have received no cash benefit or a significant reduction of balance.
Please note that where a full reduction takes place, we will require an income & expenditure form to be completed.
In addition, we will require the payment in full which would be made to your original payday lender.

A payment plan must be arranged within 7 days of offer.

Overdue Invoices

I don’t agree with your additional charges!

We’re sorry to hear that however we provided these to you before entering into an agreement with us.

As with all agreements, we provide a cooling off period (14 days) in which you cancel your claims at no charge.

As we outline our charges within our conditional fee agreement, you may request to cancel your claims in which a cancellation fee will be payable if your claim is outside of your cooling off period.

How much are bailiff fees?

If your debt has been passed to either the County Court Warrant or High Court Enforcement (DCBL Ltd) you will incur additional fees depending on the amount you owe;

Where a debt is £599.99 or below

  • County Court Warrant Fee; £77.00
  • Warrant Compliance Fee; £100.00
  • 8% Interest

Where the debt is £600.00 or above;

  • High Court Writ; £66.00
  • Warrant Compliance Fee; £100.00
  • 8% Interest
  • Bailiff Compliance Fee; £75.00
  • Visiting your home ‘enforcement’ fee; £235.00 (plus 7.5% where a debt exceeds £1,500.00)
  • Taking and selling your belongings (called ‘sale’); £110.00 (plus 7.5% where a debt exceeds £1,500.00)

Additional charges;

  • Attachment Of Earnings; £110.00
  • Track and Trace Fees; £171.00
Why have you issued a County Court Judgement against me?

If you have received a County Court Judgement it is as a result of failing to make payment on your invoice.

Where a County Court Judgement has been issued, it shall remain on your Credit File for 6 years unless;

  • Cleared full payment is received within 1 month of judgement issued date
    This is the date the court has issued judgement against you.

Where a CCJ has been issued for Judgement, we reserve the right to issue immediate enforcement proceedings which will increase your debt as follows;

  • County Court Warrant Fee (Bailiff); £77.00 (Where a debt is £599.99 or under)
  • High Court Writ (High Court Enforcement Bailiff); £66.00 (Where a debt is over £600.00)
  • Warrant Compliance Fee; £100.00
  • 8% Interest

Additional charges may also be incurred;

  • Attachment Of Earnings; £110.00
  • Track and Trace Fees; £171.00

Where a debt has been issued for enforcement proceedings the debt will further increase with;

  • Bailiff Compliance Fee; £75.00
  • Visiting your home ‘enforcement’ fee; £235.00 (plus 7.5% where a debt exceeds £1,500.00)
  • Taking and selling your belongings (called ‘sale’); £110.00 (plus 7.5% where a debt exceeds £1,500.00)

For example;
An Original Invoice of £2,000.00 with Arrears & Legal Fees of £100.00 would be issued to court with a Compliance & Court Fee of £90.00.

When a Judgement has been passed a Court Enforcement of £166.00 would be applied.
Where enforcement proceedings are instructed a fee of Bailiff Compliance £75.00 with a Bailiffs 1st Visit charge of £235.00

Your balance would increase to £2,666.00 plus + 7.5% (£186.62)
Your balance increase to: £2,852.62 and a CCJ would be registered against you for 6 years.

If a second Bailiff Visit takes place, your debt would increase by a further; £235.00 + 7.5%
£2,901.00 plus 7.5% (£217.58) totalling £3,118.58

Should items be taken for sale, a fee of £100.00 plus 7.5% would be applied totalling; £3,459.97

Why have I received a legal fee?

Your invoice will increase where payment is not received as stated within Schedule 6.3 of your Conditional Fee Agreement.

When payment has not been received, your invoice will incur arrears charges and legal fees as per Schedule 6.4 of your Conditional Fee Agreement which states;

6.4 Where Our Fee remains unpaid, we reserve the right to charge Debt Collection Fees including;
(a) Arrears Fees: (£20), (b) Legal Fees: (uncapped), Court Fees: (£500), Warrant Fee (£77) High Court Writ (£66),
Attachment Of Earnings (£110), Track and Trace Fees (£171), any additional fees as a result of debt collection including 8% interest.

If your invoice has incurred Legal Fees, we urge you to make immediate payment as a Legal Fee indicates your debt has been prepared for immediate court action and is shortly to incur additional charges including;

(b) Legal Fees:

  • Court Processing Fees (uncapped)
  • Court Fees (£500)
  • 8% Interest

To make payment, please refer to your invoice for your reference number and our banking details.

Why have I incurred additional charges?

Where an invoice becomes overdue, your invoice will incur additional charges as all invoices as stated within Schedule 6.3 of your Conditional Fee Agreement which states;

6.3 Our Fee must be paid to Us within the agreed timescales as shown;
(a) Cash Benefit within 7 days.
(b) Full Reduction of debt which requires a payment plan must be set up within 7 days of offer.

If your invoice includes a refund with a ‘cash benefit’ and you haven’t received a refund, please let us know immediately to avoid further action or enforcement proceedings.

I haven’t received payment but my invoice is overdue.

If your claim includes a refund with a ‘cash benefit’, please let us know if you haven’t received payment by your invoice due date as your invoice may incur additional charges.

In some cases where a lender has advised payment has been issued, we will ask to see up to 28 days of bank statements.
Please do not be offended as this is a required to show your lender that payment has not been received.

Where this happens, we will provide an extension of time for payment to be received.
However this is done as a gesture of goodwill.

Where you fail to notify us, we are unable to provide further extensions and charges may be applied.

Complaints

I want to complain about additional charges applied

We’re sorry you wish to make a complaint about our charges.

Whilst you reserve the right to make a complaint regarding charges, as we outline these within your Conditional Fee Agreement, these charges are enforceable as per Schedule 6.4;

6.4 Where Our Fee remains unpaid, we reserve the right to charge Debt Collection Fees including;
(a) Arrears Fees: (£20), (b) Legal Fees: (uncapped), Court Fees: (£500), Warrant Fee (£77) High Court Writ (£66),
Attachment Of Earnings (£110), Track and Trace Fees (£171), any additional fees as a result of debt collection including 8% interest.

Whilst we investigate all complaints on their own merits, complaints relating to charges where late payment has been made shall result in the rejection of your complaint.

I want to complain about your fees

We’re sorry you wish to make a complaint about our fees.

As we advise you of our fees prior to entering into an agreement with us which are non-negotiable, any complaint relating to fees will be rejected.

Whilst we investigate all complaints on their own merits, complaints relating to our fees will result in the rejection of your complaint.

I want to complain about lack of updates!

We’re sorry you wish to make a complaint about our updates on your claim.

We advise within our emails of the duration of time your lender has to respond to our communication.
Where multiple update requests are made, they are considered excessive and will not be responded to as we consider our previous email to have provided you with notification of the duration required.

Whilst we investigate all complaints on their own merits, complaints relating to updates where we have advised of timescales will result in the rejection of your complaint.