Payday Loan Claims Pack

Transcription

1 Payday Loan Claims Pack

2 YOUR PAYDAY LOAN CLAIMS PACK Thank you for choosing Leslie Charles Solicitors. With an ever-increasing claim portfolio and satisfied customers we can assure you that your claim is in safe hands. We have enclosed for your attention the following documents:- 1. Our standard Form of Authority for each claim (s); 2. Terms and Conditions in duplicate (please sign, keep a copy and return the other); and; 3. Fact Sheet 4. Claim Form 5. Self Addressed Envelope (Stamp Required). You will need to complete and return to us the above documents using the prepaid envelope provided. If you require any additional forms you may photocopy them or contact us and we will be more than happy to send them to you via or post. Once we receive your completed application we will initiate our claims process and contact you as soon as a settlement figure has been proposed. You will be able to check the status of your claim by contacting us by phone or on receipt of which we will provide you with details. In any event we will regularly update you on the progress of your claim. If you have a complete set of documents in the last six years they should be sent by recorded delivery along with the signed documents and any further correspondence. It is not uncommon for your lender to attempt to contact you directly. Accordingly we recommend that you do not under any circumstances accept any offers that you may receive from your bank directly without obtaining advice from us. We want to get you as much compensation as possible and as such it is important that you cooperate with us fully. In the meantime if you have any questions in relation to any of the contents of this letter please do not hesitate to contact us. We look forward to a successful outcome in relation to your claim. Yours sincerely Leslie Charles Solicitors

3 PAYDAY LOAN CLAIM FACTSHEET FACT 1 Many people that seek payday loans are in financial difficulty. The initial purpose of a payday loan was simply to help people out until their next payday, however, it has become a money-making machine for many payday lenders, tying their customers into a continuous and escalating cycle of debt, whereby one takes out one payday loan to pay off another payday loan and, with associated charges, increasing on each occasion. FACT 2 The financial rules regulating lending require all lenders, including payday lenders, to take into account the ability of the customers to afford to repay the loan. In circumstances where one takes out one payday loan and then, at the end of that payday loan, takes out another payday loan and then, at the end of that, takes out another one going forward, that points squarely to the fact that that individual may well be in financial difficulty, having difficulty paying off the loan. This situation should have been spotted when the initial application for the loan was made and, as such, the argument here is that the lenders have failed to properly assess affordability before granting the loan and, thereby, plunging many customers into a downward spiralling cycle which is detrimental to their financial wellbeing. FACT 3 Even the Financial Ombudsman have clearly said that a one hat fits all category-type system is not appropriate in financial claims. Each claim needs to be dealt with on a case by case basis. FACT 4 We believe that we can assist you in recovering monies back from the payday lender in circumstances where the loan should not have been made in the first place and/or circumstances were the loan has put you in financial difficulty and those circumstances should have been known to the lender. In order to proceed with you loan, please complete the attached questionnaire and claims pack and we will be happy to progress matters for you. Principal Solicitor: Leslie Charles (LLB Hons)Regulated by the Solicitors Regulation Authority SRA Number: V.A.T No:

4

5 Terms and Conditions This agreement is a legally binding contract between you and Leslie Charles Solicitors. In signing this Agreement, you are agreeing to be bound by it. We, your instructed representatives: Leslie Charles Solicitors You, the client: Agreement date: Payday Lender 1. What Leslie Charles will do for you: We will assess your claim and, if appropriate, pursue on your behalf, a claim for the recovery of your losses. We will deal with all aspects of your claim, including correspondence with relevant companies and/or institutions and all negotiations. We may subsequently require you to sign further documentation to facilitate this. We will let you know if and when the need arises. We will inform you of all offers of settlement that we receive, evaluate them and advise you in writing whether we consider it to be in your interest to accept or to reject. If necessary, we will pursue your claim through the Financial Ombudsman Service, the Financial Services Compensation Scheme or other regulatory body at no further cost to you. If the recovered amount is paid to Leslie Charles solicitors as per your instructions, we will forward any reward received, after deduction of our fee agreed within this Agreement, as soon as possible after we have received it. If the payment is made directly to you, you shall forward the cheque to us so that we can process it and deduct our fees agreed within this agreement, returning the balance to you. 3. What we expect form you: To provide us promptly with all relevant information we request to enable us to pursue your claim. To return this document to us, signed within 30 days. If it is returned after 30 days your instruction will only be accepted at the discretion of our directors. To provide us with clear instructions. To cooperate with us. Not to mislead us or ask us to work in an improper or unreasonable way. To provide us with the exclusive authority (excluding even yourself): 4. Our Fees:- Any further charges for us to pursue your claim have been deferred until completion of the claim and are only payable if we are successful. Our fees are 25% plus V.A.T., at the prevailing rate. The current rate of V.A.T. is 20%. If no financial benefit is received, you pay us nothing. Financial benefit includes any, compensation; reduction in an existing debt; or other forms of redress. 5. Cancelling this Agreement We can cancel this Agreement at any time, and no further fee will be payable by you, providing we advise that your claim is unlikely to succeed and you have fulfilled your obligations set out in section 3. Should you cancel this Agreement and an offer or payment is made, we will look to enforce our charges of 25% + VAT, plus any fees that may have been incurred by us in the running of your claim. Should you cancel this agreement and no offer or settlement have been made, we reserve the right to charge you our reasonable costs for the running of your claim up to the point at which you informed us you would like to cancel. Cancelling of this Agreement by either party must be in writing. Print Name: On behalf of Leslie Charles Solicitors Dated: CLIENT(S) TO SIGN 1 st Signature Print Name Principal Solicitor: Leslie Charles (LLB Hons)Regulated by the Solicitors Regulation Authority SRA Number: V.A.T No:

6 Terms and Conditions This agreement is a legally binding contract between you and Leslie Charles Solicitors. In signing this Agreement, you are agreeing to be bound by it. We, your instructed representatives: Leslie Charles Solicitors You, the client: Agreement date: Payday Lender 1. What Leslie Charles will do for you: We will assess your claim and, if appropriate, pursue on your behalf, a claim for the recovery of your losses. We will deal with all aspects of your claim, including correspondence with relevant companies and/or institutions and all negotiations. We may subsequently require you to sign further documentation to facilitate this. We will let you know if and when the need arises. We will inform you of all offers of settlement that we receive, evaluate them and advise you in writing whether we consider it to be in your interest to accept or to reject. If necessary, we will pursue your claim through the Financial Ombudsman Service, the Financial Services Compensation Scheme or other regulatory body at no further cost to you. If the recovered amount is paid to Leslie Charles solicitors as per your instructions, we will forward any reward received, after deduction of our fee agreed within this Agreement, as soon as possible after we have received it. If the payment is made directly to you, you shall forward the cheque to us so that we can process it and deduct our fees agreed within this agreement, returning the balance to you. 3. What we expect form you: To provide us promptly with all relevant information we request to enable us to pursue your claim. To return this document to us, signed within 30 days. If it is returned after 30 days your instruction will only be accepted at the discretion of our directors. To provide us with clear instructions. To cooperate with us. Not to mislead us or ask us to work in an improper or unreasonable way. To provide us with the exclusive authority (excluding even yourself): 4. Our Fees:- Any further charges for us to pursue your claim have been deferred until completion of the claim and are only payable if we are successful. Our fees are 25% plus V.A.T., at the prevailing rate. The current rate of V.A.T. is 20%. If no financial benefit is received, you pay us nothing. Financial benefit includes any, compensation; reduction in an existing debt; or other forms of redress. 5. Cancelling this Agreement We can cancel this Agreement at any time, and no further fee will be payable by you, providing we advise that your claim is unlikely to succeed and you have fulfilled your obligations set out in section 3. Should you cancel this Agreement and an offer or payment is made, we will look to enforce our charges of 25% + VAT, plus any fees that may have been incurred by us in the running of your claim. Should you cancel this agreement and no offer or settlement have been made, we reserve the right to charge you our reasonable costs for the running of your claim up to the point at which you informed us you would like to cancel. Cancelling of this Agreement by either party must be in writing. Print Name: On behalf of Leslie Charles Solicitors Dated: CLIENT(S) TO SIGN 1 st Signature Print Name

7 Principal Solicitor: Leslie Charles (LLB Hons)Regulated by the Solicitors Regulation Authority SRA Number: V.A.T No:

8 Form of Authority Leslie Charles Solicitors Please fill in one authority for every claim you wish to make I/We the undersigned hereby appoint and authorise Leslie Charles Solicitors to act on my/our behalf pursuant to my/our Payday Loan complaint. In accordance with clause DISP 2.7.2r of the Financial Services Authority handbook. I/We authorise Leslie Charles Solicitors to accept or reject on my/our behalf any offer and to refer the complaint to the Financial Ombudsman Service. I / We further authorise my lender and other providers of investments and relevant loans to provide information (and if requested confirmation in writing) on their request to the company named above. Lender Loan start date Client s Name: Address: Date of Birth: Signature:

9 Payday Loan Refund Claim Form No. Question Yes No 1. Why did you take out the pay day loan with Wonga? 2. Were you in financial difficulty? 3. Did you pay all of the instalments on time? 4. Did you struggle repaying the loan? 5. Did you have to borrow money to pay the loan? 6. Would you say you got into debt as a result of the loan? 7. Did you have any direct debits or standing orders in your bank account bounce as a result of having to pay the loan? 8. Would you say that you are better or worse off as a result of your Wonga loan? 9. Would you say that you could afford the loan? 10. Are you in debt now as a result of your Wonga loan? 11. Were you aware of the high interest rate charges? 12. Did you have to take out another Wonga loan once you had paid off the preceding Wonga loan in order to make ends meet? 13. Are you in Debt Management of IVA 14. Is this a consequence of your Payday Loan 15 How many Wonga Loans have you had? 16. Please explain the circumstances which led to your taking the Pay Day Loan Principal Solicitor: Leslie Charles (LLB Hons)Regulated by the Solicitors Regulation Authority SRA Number: V.A.T No:

10 17. What was your loan used for? 18. Please state any further information you wish to give. 19. If you have received an or letter from Wonga Regarding your loan does it confirm your loan has been written off? 20. If Your Loan has not been written off what does the state?

11 PLEASE RETURN COMPLETED CLAIMS PACK TO: LESLIE CHARLES SOLICITORS WILSONS PARK BUSINESS CENTRE 40 MONSALL ROAD MONSALL MANCHESTER M40 8WN Principal Solicitor: Leslie Charles (LLB Hons)Regulated by the Solicitors Regulation Authority SRA Number: V.A.T No: