UPDATES:
Do not use the templates on this page for the following lenders, instead see the specific page:
- Amigo has set up a Scheme of Arrangement. The deadline for making a claim has now passed, see Amigo’s Scheme for details.
- Buddy Loans went into administration in September 2021, see Buddy Loans goes into administration.
- George Banco & Trust Two set up Scheme of Arrangement, the deadline to make a claim to this has passed, see Everyday Loan Scheme for details
- TFS Loans went into administration in February 2022, see TFS Loans goes into administration.
Guarantor loans are very expensive. Often the lender didn’t check properly that you will be able to manage the loan repayments without having to borrow more.
If proper checks would have shown that you couldn’t afford the repayments, complain! There is a template letter in this article to help you.
You can get an existing loan reduced so you only repay the amount you borrowed, or get a refund if your loans have been repaid. If your complaint is rejected you can send the case to the Financial Ombudsman (FOS) who is upholding a lot (90%!) of guarantor loan complaints.
If you are the guarantor not the borrower, read Complaining if you are a guarantor which has a different template letter to use.
Contents
What is an affordability complaint?
A loan is not affordable if paying it left you so short of money you had to top up the loan, or borrow more from another lender or get behind with bills.
Does this sound like you? Then make an affordability complaint.
Just making the payments doesn’t prove the loan was affordable! You may have been repaying with difficulty, taking out other loans, because you didn’t want your guarantor to be affected.
You can complain if you are still paying the loan or if you have repaid it all.
If you win your complaint:
- interest is removed from a loan you still owe, so you only repay what you borrowed;
- your guarantor is released from the loan; and
- you can arrange to pay the remaining balance at a reduced rate.
When your loans have been settled, you get a refund of the interest you paid.
What should the lender have checked?
Guarantor lenders should have checked the loan was affordable for you before giving you the money.
The lender should have made sure you were likely to be able to make the repayments for the whole length of the loan.
Guarantor loans are large financial commitments. So I would expect a lender to have asked for evidence of your income, to have checked your credit record, and to have verified your expenses.
Some things a lender may have got wrong:
- It doesn’t matter if your guarantor is well off, the loan has to be affordable for you!
- You may have given said your expenditure was lower than it was, because you were guessing or desperate. The lender should have checked your figures.
- If you were self-employed or had wages that varied, the lender should have looked at how your income went up and down.
- The lender should have checked your credit record to see all your debts. If you had recently taken more loans or missed payments/defaulted, the lender should have been careful as your position was getting worse.
- When you top up a loan, the lender should check the new larger loan is affordable. If the current loan was causing you problems or your finances had got worse you shouldn’t have been given a larger loan.
If you feel there was something else unfair about your case, add that into your complaint as well!
What would a “fair solution” be?
If the lender or the Ombudsman decides the loan wasn’t affordable, this is what happens:
- The loan has been repaid, then any interest you paid should be refunded to you.
- The loan is still outstanding, then interest should be removed from the balance that is owing, so you only repay what you borrowed. Your guarantor should be released from the loan. The lender should accept an affordable monthly payment from you to repay the rest.
- Any payments made by the guarantor are refunded to the guarantor, not to you.
Will a complaint affect your guarantor?
Complaining won’t affect your guarantor if you carry on making the payments. The guarantor shouldn’t be told you have complained unless your complaint is being upheld.
If you stop paying the loan when you make a complaint, the lender may decide to get your guarantor to pay it. If you don’t want this to happen, you have to somehow carry on making the payments even though it’s hard.
If you can’t afford to carry on paying and you don’t want to hurt your guarantor talk to a debt adviser about your options in this difficult situation.
Making an affordability complaint won’t make things worse, and it may help in a few months time, but it isn’t an immediate escape from your problem.
Think about whether your guarantor also had a good reason to complain – see Complaining if you are a guarantor for details. If they win a complaint, they will be removed as a guarantor, which would take a lot of pressure off you.
How to complain to the lender
A template complaint to use
Don’t use this for Amigo of Buddy – see the update at the top of the page.
For all other guarantor lenders, including ones that have stopped lending, send your complaint by email – here is a list of lender’s email addresses.
Use SAR AND COMPLAINT BY BORROWER as the email title.
Here is a template. Change it to describe what happened to you and delete what doesn’t apply.
Only put this in if it applies to you: I took a top up of [£2,500] in [March 2018]
Add a reference number for the loan or give some other details such as your date of birth and your address when you took the loan out.
Please send me a copy of all the personal information that you have about me, including but not limited to all credit record checks, a copy of my loan application(s) and recordings of all phone calls from me. You have 30 days to reply to this Subject Access Request (SAR).
I am making an affordability complaint. This loan was/These loans were unaffordable for me and you would have realised this if you had checked properly before giving me the loan(s).
Delete or change any of the following so they are right for you:
[You would have seen from my credit record that I had recently missed payments/had defaults/was in a DMP/IVA.]
[I was on a low income/My only income was my pension/benefits.]
[You did not ask me for proof of my income or expenses and you did not ask about my expenses in detail.]
[I get ESA/PIP/DLA but you did not ask me if I had any extra expenses because of this.]
[I had a gambling problem which you could have seen from my bank statements.]
If you topped up the original loan: When I topped up the loan you should have seen from my credit record that my financial situation had got worse. [delete if not relevant: You ignored the fact that I had made several payments late to you.]
If you still owe money:[I am asking you to remove the interest from the balance so I only have to repay what I borrowed, release my guarantor and allow me to make lower monthly payments.]
If the loan has been repaid change that to [refund me the interest that I have paid plus 8% statutory interest.]
If you don’t want your guarantor to be told: [I want to carry on making the normal monthly payments because I do not want my guarantor to be affected. Please note I do not want my guarantor to be informed about my complaint unless my complaint is upheld.]
You have 8 weeks to respond to my complaint before I send it to the Financial Ombudsman.
If you would like some help with this, then go to your local Citizens Advice.
Definitely send bank statements!
It’s good if you can attach bank statements to your complaint. Send three months of statements before each loan or top-up and two months afterwards. So if you had a loan in August 2017, send statements for May-September 2017.
These statements will show how unaffordable your loans were. Don’t worry if there is gambling showing on the statements – that helps your case!
Don’t delay starting a complaint if you are trying to get your bank statements – just add them later. But now is a good time to get the statements as they can help your case.
Also get a copy of your credit record if this will show defaults, that your debts were increasing, that you had a large overdraft etc. Download this and keep it.
What to do with your personal information (SAR)
Copies of personal information (SARs) are often sent out by post, so if you have moved, make sure the lender has your new address. You should get the information within 30 days. It is often sent on a CD with a password.
This information is not the lender’s response to your complaint. Most lenders will send that separate from the SAR, usually a few weeks later.
You don’t need to do anything with the SAR, just keep it safe. You have asked for it now so that you have the details in case the lender rejects your complaint or makes a poor offer so your complaint has to go to the Ombudsman.
Taking a complaint to the Ombudsman
If the lender rejects your complaint, go to the Ombudsman
Don’t delay in sending a case to FOS – it has to go within 6 months. And while you have an “open” complaint at FOS, the lender cannot take you to court.
Lenders seem to reject many complaints and hope you give up! So don’t be surprised if a lender says No, the loan was affordable or We based our decision to lend on your application which was inaccurate.
If the lender says No, or you haven’t had a reply 8 weeks after sending your complaint, send your case to the Financial Ombudsman (FOS) the best way to do this is by using the FOS online form.
This is free to do and easy – you don’t have to quote laws or regulations. You can just send FOS the complaint you sent the lender. And if they have replied and said something that’s wrong, mention that as well.
You don’t need to go into details – a short FOS complaint is fine. If you want to add more details, read How Subject Access Request information can help an affordability complaint. But you don’t have to do this.
If only some loans are refunded, is this fair?
Sometimes a lender will say that just a few loans are unaffordable and remove the interest. Which is good, but should it be better?
If the rejected loans caused you difficulties and led to you needing a top-up, send your complaint to FOS and say you think the earlier loans too should be refunded.
Are you likely to win your Ombudsman complaint?
The Financial Ombudsman is agreeing with the customer on 90% of cases!
It is much simpler to win a case at FOS than a court case. If a lender has already started a court case against you, Citizens Advice can help you get the court case “stayed” (that’s legal jargon for put on hold) while you take an affordability complaint to the Ombudsman.
Complicated cases & help with guarantor loan complaints
If you want help with these complaints, Citizens Advice can help. Every Citizens Advice has access to the national Specialist Debt Advice Service if this isn’t something an adviser has come across before.
Leave a comment below this article to discuss what to do or talk to Citizens Advice if:
- your guarantor has made a lot of payments.
- you have been bankrupt, in an IVA or a DRO – read guarantor loans & insolvency .
- you have a CCJ from the guarantor lender – read guarantor loans & CCJs.
- if your debt has been sold to a debt collector.
Do not use a Claims Firm or a solicitor that is acting as a claims firm. There are two good reasons why you should avoid them:
- they will probably do a very poor job. They are not experts. They won’t put time into looking at your personal case.
- if you win a case but still owe a balance, this is usually just reduced. But the claims firm may expect you to pay their high percentage fee immediately even though you have not received any cash refund and still have the rest of the loan to pay.
Can you get an overdraft refund?
Card limit too high? Ask for a refund
Complaints about bank & other large loans
Debbie says
Hiya
I have taken out a loan with Amigo and topped up once and made around 6 payments of £197 a month for a £4500 loan. I am experiencing great financial difficulty as I have other loans and a bad credit file which is leaving me nothing to live off. I cannot make the full payment this month and can pay half… will they accept this? My guarantor is now not working as she is 6 months pregnant with my new grandson and dont want her to be affected and stressed. Will I have a case for irresponsible lending and can i make half payments while I am doing this. I am going to speak with my guarantor to ask them also to put in a complaint and hopefully be removed from the loan. She has had several payday loans herself and an account with bright house which Im sure she is paying off. please help as I feel I am having a breakdown. I have never been in such a mess before and I am in my 50s I am so angry with myself for getting into this mess and involving others.
Sara (Debt Camel) says
I am so sorry, this is the sort of mess that all too often results as Amigo loans are so very expensive – and then of course they rely on you struggling on and borrowing from other people to try to protect your guarantor.
I am not sure they will accept half. they make their money by being as difficult as possible :( But don’t offer more than you can afford, because it just leads to more problems.
Getting your guarantor to complain as well is a very good move.
M says
Hi, Iv currently got a complaint in with Ombudsman regarding Amigo Loans for irresponsible lending. When my complaint was with Amigo, they had an answer for everything. For example when I said they constantly encouraged top ups even when I had missed a payment they replied that as I hadn’t opted out of receiving these messages that I didnt have an argument. When I said about my credit file should have shown what state my finances were in they said they don’t base their decision on that. They are absolutely horrible to deal with and they lack any customer service skills. Has anyone actually had a complaint upheld? Thanks
Sara (Debt Camel) says
People have won complaints, both borrowers and guarantors. Your case is stronger if you topped up the loan or if what you said on your application didn’t match what your credit records said.
“I said they constantly encouraged top ups even when I had missed a payment they replied that as I hadn’t opted out of receiving these messages that I didnt have an argument.”
The point here is that they were encouraging you to borrow more without checking that it was affordable. It’s irrelevant whether you opted out or not.
“When I said about my credit file should have shown what state my finances were in they said they don’t base their decision on that. “
They don’t only make a decision based on credit records but they should have taken into account what your credit record said.
Rd Johnson says
Hi Sarah,
Iv drafted a letter using your template, thank you very much for your advice. I shall post again once I get a response
Rd Johnson says
Iv had a reply from amigo stating that they will be investigating the claim. They have said payments will still be ongoing whilst the claim process is ongoing and any late payment will be sent to credit referencing company’s. The payment owed at the moment is very high and she’s not able to make a payment. She’s had a call from them where she’s stated this but they are adamant full payment must be made. Is this the case or is there a route we can take to suspend payment whilst it being dealt with. Thanks again for your help
Sara (Debt Camel) says
Has she talked to the guarantor about his situation?
Rd Johnson says
She has yes. He didn’t have to supply any information apart from a credit check when the loan was taken out. We’re asking him to also make a claim. He’s been left massively out of pocket during the course of this loan where they keep taking it from him when it wasn’t paid by her. Is it a different type of claim he would have to make? He works and does make payments when she can’t
Sara (Debt Camel) says
As I said before, “Her ex needs to put in a similar complaint from his point of view – he is arguing that he couldn’t afford the loan, Amigo didn’t do enough checks that he could, and he is asking to be removed as guarantor.”
There is no way to make Amigo stop going after him if she can’t pay, so if he can’t afford the repayments (is he getting into debt elsewhere?) he needs to put in his own complaint which is separate from your partner’s.
tom price says
Sorry for the questions Sarah – but like everyone on this site I am extremely grateful
when I was in the debt spiral to consolidate the loans I had I took out a loan with Amigo – the payday loans must of shown on the credit report that I was in financial issues. My guarantor (my mum) was also swimming in payday loans but amigo lent to me anyway
I have checked when I took them out and found they all coincide (payday loans before amigo and payday loans after amigo)
They were the worst company I have ever dealt with when I called them to say I was struggling there answer was to say we will get guarantor to pay even though she was in a worst financial state then myself
your advice would be very much appreciated
Sara (Debt Camel) says
do you still have the Amigo loan?
tom price says
No I paid it (albeit) with a lot of late payments – many phone calls to ask them to help me out. I had to get my dad to give me a grand to pay it off.
at the time it was taken out I have been through it and had 6 payday loans at the time
Sara (Debt Camel) says
Yes you can make an affordability complaint. Take the payday loan template letter and change it so it doesn’t say payday loan, and its clear you only had one loan from them. Detail what they would have seen on your credit record when you applied and why the loan was not affordable.
Alex says
Hi new to this & reading though the site, do I have any chance against amigo loans was accepted and paid out whilst already in debt to several other firms ,cheque center,the cash store & many more they took me to court got a ccj against me & then sold the debt to another company just wondering if it’s worth a shot against these thanks Al
Sara (Debt Camel) says
The rules are the same as for other lenders – you have to be able to show that the repayments were unaffordable and Amigo should have realised that before they gave you the loan. there haven’t been that many cases – I don’t remember one where there has already been a CCJ.
Alex says
Hi Sara, thanks for your reply is it worth giving it a go or do you think I’m wasting my time if iv left it too late,they gave me the ccj then it’s been sold on but believe as they are the original creditor the onus is on them ? Thanks Al
Sara (Debt Camel) says
The fact it has been sold on doesn’t matter, your complaint is against Amigo.
I can’t guess how likely you are to succeed – it will depend on how strong your case is.
Marty says
Excellent Sara, keep up the great work I complained direct to amigo who were not interested I was in a trust deed but still paid them every month in sheer panic they would go for my guarantor and ruin their credit ! It’s with the ombudsman and I’ll keep you updated basically amigo said it was affordable with no real attempt to investigate so fingers crossed at he ombudsman
Tom says
Following your process above, I put in a complaint to Amigo on 11/05. They responded within an hour saying they are looking into and will be in touch in the next couple of days.
I remember on their initial call they listed about 10 outstanding debts and defaults etc and simply asked if I had a plan to pay them back. Naturaly I said yes and that was it.
I’ll keep you posted on the process as it progresses.
Tom says
Update this morning to say Amigo are formally investigating the complaint and have quoted the standard 8 week response time, however they are aiming to issue a response as soon as possible.
8 weeks is 12/07 so let’s see what happens!
Sally says
I’m really interested in this. I have just put a complaint today into Amigo loans, will be interesting to see what they come back with.
Sally says
I too have had the standard response that they are investigating the complaint. I’m not holding out much hope but it will be going straight to the ombudsmen if they say they have done no wrong. I got to admit initially I was worried about taking complaints to the ombudsmen as I thought they would think I was wasting their time but it’s a really easy process and they are helpful and fair. My advice to anyone worried about going to the ombudsmen is to do it. It’s a simple easy process and most importantly the ombudsmen does not judge.
david says
myself too, I’ve queried twice with amigo if I could reduce payments on my current loan (yes, this is my second separate amigo loan) and also asked them if they provided one off payment holidays due to financial difficulties. at no point did they offer assistance and my payments remain the same. their flat response always seemed to be we will contact the guarantor and take it from there; its almost bullying you into continuing your payments despite them knowing you are claiming financial difficulties.
well guess what… if you have to take out a guarantor loan there is every likelihood you already were in financial difficulty!
I too got a quick response from them saying they would look into it for me, so at least in that respect they seem to be on the ball.
I’ve paid back more than the loan value was now but still have 2 years to go, so hopefully something will come of this.
david says
received acknowledgement from amigo that they are officially taking on my complaint, just for reference to anyone else making one or due to. so it took 5 days in total. not bad going so far.
Raj says
Hi Sara,
Can you please shed some light on my issue. I borrowed the money for business and my husband is guarantor for £20K. I’m not in a position but making £20 every month. I would like my husband to be removed from the guarantor list. Is this possible if so what should be the case please.
thank you very much
Raj
Sara (Debt Camel) says
This article looks at a complaint by the guarantor https://debtcamel.co.uk/amigo-complaints-by-guarantor/ but as the loan was a business loan, not a personal loan I don’t think he is likely to win a complaint to be removed.
mk says
Hi, I hhave an Amigo irresponsible lending complaint in at the minute along with a complaint regarding their awful customer service. Its now with an adjudicator who wrote asking for all my info. Provided bank statements and credit report etc. Some of their questions though were tough, why did you take it out if you knew interest was too high (i told them iv paid back over 14000 so far and havent received more than 5000) . They asked me did I try and correct the income and outgoing details they held for me…I had to say no. My credit file will show lots of defaults and my bank statements will show I have alot going on too. I just can’t see Amigo losing a case to anyone for irresponsible lending as they have an smart @rse answer for everything. Anyone actually have any cases where they actually won their arguement against them?
Thanks, M
Sara (Debt Camel) says
Smartarse answers may not stack up against hard evidence about your credit record and bank statements. A lender can’t just accept what someone says when they apply for a loan if they have a reason to think what you said was wrong – perhaps you didn’t mention some debts they could see on your credit record? perhaps some of the expenses you said were implausibly low? perhaps you asked for a top up and they could see you hadn’t used the first loan to consolidate the debt which was why you said you wanted the money?
It’s these sort of points that can help you.
Gareth Gough says
HI Sara,
I have put a complaint in to Amigo loans. I know the guarantor element complicates matters but they do have to make sure affordable for both myself and guarantor don’t they? The thing is they the repayments are having quite a negative affect (I have plenty of other debts) obviously they do a budget sheet and call you – recorded apparently (though they never asked for permission!) BUT there are no checks such as bank statements or pay slips etc plus I topped up the loan twice in the very early stages of the loan. Its now 8000 – 356 pcm for 4 years. Would I have an affordability case? 356 pcm is around 1/5 on my monthly income – other debts take around another 1/5 or so.
Sara (Debt Camel) says
Yes they do have to do an affordability check for you and for the guarantor.
These sort of complaints are often easier to win where there has been a top up.
Whether the loan is “affordable” depends on the facts of your situation – there is no simple metric that say 15% of you income is OK but 30% isn’t. What is affordable depends on what your other expenses are.
tom price says
I’m also going through the motions with Amigo – I am complaining on irresponsible lending grounds (affordability) at the time I took it out I have payday loans coming out my ears. ,my guarantor was also in a payday loan spiral – The claims I put in with PDL companies many have found in my favour. and also the claims for my guarantor. I did top up my loan once but went to top up again and got refused ( they must of realized I/we were in the shit) They were less than helpful and damn rude when we contacted then when I was in financial trouble and wouldn’nt accept my guarantor was also in trouble – threatening to take to court etc. If I look at my credit report it was quite obvious as to what was going on. Well the 8 weeks is up in a week so we will see what happens. I am not expecting them to admit anything but I am prepared to fight this one all the way…
of all my claims this is the one that I would like for them to admit how awful they were as at one point they pretty much caused me a nervous breakdown – would I recommend them – hell NO! stay well away
Claire says
I have just put a complaint in to Amigo, they have responded within 5 minutes and are now looking into it. My loan was paid of a few years ago but at the time my husband was unemployed and they let me top up. I was taking out payday loans to meet the repayments and just on a couple of occasions to pay back my guarantor when they took it off her. Fingers crossed now!
Matt S says
Amigo is the last of my lenders that I have to complain about. It has now been paid off but haven’t got round to making the complaint yet. I cant remember anything that was said in the call before they approved the loan, is it likely they would supply me with a transcript of that call?
Sara (Debt Camel) says
You can ask for a copy of the call if you would like. This would fall under the heading of a Subject Access Request – from tomorrow (the 25 may, GDPR day) they are not allowed to charge for providing this.
david says
GDPR is still a little grey for me; Sara is right that they cannot charge you for the 1st request but they are within their rights to charge their standard (if reasonable) administrative charge for any duplicated requests so make sure you get everything you need first time around :)
amigo were pretty quick with getting back to me so I see no reason for them to be unhelpful. get them asked, the sooner the better.
hope this helps.
Matt S says
Well I emailed Amigo last Wednesday asking for a copy of the recording or a transcript of the calls made before approval of the loan as well as any other information they have on file for me, not had any response yet but hopefully will hear from them soon.
My complaint will be mainly regarding irresponsible lending on a top up loan. I received a top up to £5000 in December 2013 (actually received around £1400 after paying off previous loan). This was 6 months after I had entered debt management with around £6000 of payday loans debt (approx. 14 different companies) brought on by a serious gambling addiction. If my memory serves I’m sure they actually brought up some of the debts that were in DM during the phone call. I was never asked to provide bank statements, these would have shown that all my spare money was being used for gambling. They also accepted my mother as a guarantor when she was 68 at the time and loving off a state pension.
I paid this loan off 19 months early after having already paid £7200 in interest.
L7 says
Anyone had adjudicator agree with complaint on amigo, they have for me just wanted to know if amigo agreee or drag it further to an ombudsman?
Thanks
Claire says
I’ve just put a complaint in with them this week. I have heard that they are not the most cooperative and people have had to go to the FO. Let’s wait and see, I’ll share when I hear from them
Gareth Patrick Gough says
Hi L7, I have just put a complaint into Amigo. If you don’t mind sharing what grounds to did the adjudicator give to agree with your complaint?
Claire says
I’ve just also put in a complaint with Amigo. They told me they would respond in the next couple of days or longer if they need to investigate further. I will let you know if I hear anything
L7 says
I had 3 loans as I topped up twice to consolidate debt but as I was a gambling addict at the time I wasn’t consolidating all off my date and the adjudicator feels on the third loan amigo should of noticed I wasn’t clearing the debt and my debt was increasing.
Ben says
Putting my complaint in today – took out £3500 in June 2016 – got lucky in the bookies and paid it off Jan 2017, Borrowed another £750 in march 2017, topped it up to £1750 June 2017, two weeks later i topped it up to £2500, and then a third top up to £3250 in October – the same debs kept appearing on the credit search they sent me and every time i said i would be paying them off.
DK says
What about where I’ve paid back £5500 and I borrowed £4000? I’ve already paid more than the loan amount in interest and still have an outstanding amount of about £1200. Should they refund the £1500 I’ve paid over and above the original loan and offset that against my balance? Bearing in mind my outstanding balance includes interest too. Or refund the £1500 and write off what’s left because they’ve already had the full £4000 back to date. I don’t know how these work as opposed to pay day ones…
I sent them (TrustTwo a part of Everyday Loans) a complaint on Thursday and had a letter confirming my complaint by the time I finished work yesterday. I think I’d said to resolve my complaint I’d like the interest refunded and to be offset against my remaining balance. I never even gave it a bought that I’ve paid back the £4000 and therefore shouldn’t have a balance left.
Sara (Debt Camel) says
Hi DK, have you just had one loan from them?
Assuming you have, if they (or the Ombudsman) decide it is unaffordable, then you should get a refund of the amount you have paid in over the amount you borrowed and the balance should being wiped. They may offer just to wipe the balance – up to you if you think this is good enough.
DK says
So 8 weeks up today. Called and apparently they sent me a letter last week. Got them to email it. Not upheld because “At the time of taking the loan, you advised you were single with no dependents and living your grandparents, paying £100 boarding. You also advised that you were working as an Operations Manager for xxxx, a role you had been in since 2008. I can confirm that a credit check was carried out, and that your bank statements were assessed.” I have never been an ops manager, never mind from the age of 17! And I’d absolutely never claim that either. The rent I was paying to my grandparents is also wrong but the worst part is, they said they calculated I’d have £409 disposable income after the loan but not taken in to account that this £400 would be eaten up by my other bills. Car finance, insurance, road tax, petrol, food, phone bill and other household bills. Have gone back stating they’ve obviously assessed my complaint based on wrong info and to reconsider based on the correct info. Another 2-3 weeks now apparently. Should I send to FOS anyway considering they’ll probably still knock it back? Don’t want to waste another 3 weeks when I’ve already waited 8…
Sara (Debt Camel) says
I suggest sending it to FOS now. TT can carry on looking at it and you will obviously be happy to tell FOA the complaint has been sorted if they come back with a reasonable offer!
Also send TrutTwo a Subject Access request, asking for a copy of all your personal data that they hold, including but not limited to any credit checks they performed, all email and letters correspondence and a transcript or recording of any phone calls.
If they say they cheked your bank statements – well those will presumably show all your extra expenses which they have ignored!
DK says
Done. Will see how that goes. I’m puzzled. They say they assessed my one single bank statement but that statement shows my wages go in then all but £100 back out by the end of that same day! If they assessed my affordability on a credit check and one single statement, they’d have seen 54 pay day loans in 3 years and 8 months, as well as only £100 left after my outgoings that month. The repayments were set at £153 so I wouldn’t even have had enough to cover it in that month!!! How can you base a decision on that?? Bizarre. Thanks so much for all your help. You’re a star!
DK says
They also said “I would advise that if you are suffering from financial difficulty, or need assistance with your payments that you contact our Trusttwo branch on 0330 3033 477, who will be happy to help. That being said, we rarely look into reducing the payments as there is a guarantor who is equally liable for the debt. Whilst I appreciate your circumstances, the guarantor should understand their obligation under the contract.” Total contradiction of points. If they rarely look in to reducing payments, what’s the point in telling me to call if I’m suffering financial difficulties?? That paragraph was completely pointless.
Claire says
Hi Sara – I had an Amigo loan from 2011 to 2014. I was in financial hardship at the time and I recently sent a complaint to Amigo Loans. They stated that they could not find my details and I replied giving the guarantor’s name. They responded to me with the following; Are they correct in what they are saying or should I still pursue my claim?
Thank you for your email and the additional information that you have provided to us. Having received this, I can confirm why I was unable to locate your details earlier on. In order to remain compliant with the new GDPR regulations, we now ensure that we do hold customer information for any longer than necessary. Your loan was paid out over 6 years ago and has been settled for more than 4. Therefore, both your, and your guarantor’s information has been deleted, and we no longer hold any records regarding this loan or you both as customers. This is also in line with information provided by the Financial Ombudsman who state that there are time limits for a customer to raise a complaint. They state that these times limits are “six years from the event the consumer is complaining about(or -if later- three years from when the consumer knew, or could reasonably have known, they had cause to complain)”. Due to this, we no longer have the relevant information to be able to investigate your concerns. I understand this may be disappointing for you, and thank you for your time in getting in contact with us.
Sara (Debt Camel) says
I think it is an unusual decision to delete records about a loan which has been settled for less than 6 years, but I can’t say if Amigo should have kept the records. The FOS can look at a case where the lender hasn’t kept any records, but it is harder, and as Amigo say, the Ombudsman may also say this complaint should have been brought earlier.
If you think you have an excellent case, you may feel this is worth pursuing by sending it to the Ombudsman and hoping they will look at it.
Claire says
Thank you Sara I will give it a go.
Alex says
Hi Sara iv got a complaint in with Amigo which I sent off on 11th April the 8 weeks is up on Monday i got the initial acknowledgement email is it normal to not here a thing else in that time, is there anything I should be doing or sending
Thanks
Al
Sara (Debt Camel) says
It’s pretty common to get a reply at end on the 8th week.
Alex says
Hi guys the 8 weeks are up on my complaint to amigo been 8weeks yesterday , is there anything I should be doing as iv had nothing from them apart from the initial email saying they will look into it thanks for the info
Al
Soph says
Hi Al, I had a similar experience, received nothing apart from an acknowledgement. I called them on the last day of the 8 weeks to be told by a rude gentleman that they had 8 weeks from the date they acknowledged my complaint. I told him they had 8 weeks from the date I sent my complaint but he was having none of it. I followed it up with an email that day confirming the same and advising that if I didn’t have a response by close of business then I would be sending it to the FOS. I had an email back the same day confirming I was correct with regards to the 8 weeks and then their decision followed a few hours later, disappointingly though they had not upheld my complaint so off it went to the FOS.
Alex says
Thanks for the reply Soph, I thought it was strange but seems like I will be following your footsteps with them, wouldn’t like them to make it easy for us ha thanks Al
Jamima says
Thank you everyone on here for the tips, stories and advice- you have given me hope, confidence and courage.
I have been having a horrible battle with Amigo since earlier this year when I became sick and off work with a lower income. They wouldn’t negotiate with me at all, I could offer them £50 less than my usual payment per month (£450) and asked this for a temporary period of 3 months until my financial situation returned to normal. I just got a flat out NO every time and they begun chasing my guarantor, harassing me and threatening etc.
Rough few months, severe depression and hospital admittance with attempted suicide all because of stress & frustration of these unreasonable, uncooperative monkeys.
*Finally just submitted a complaint following the guidelines on here and the advice of you lovely people, so thank you.*
Hope everyone gets what they are aiming for with these guys & maybe one day our experiences will put a stop to others having to deal with what can sometimes feel like a black hole. Will update with the outcome. xx
Sara (Debt Camel) says
That sounds… very bad. If this has to go to the Ombudsman (and most guarantor complaints do) then do go into details about the dreadful way they have treated you and the affect on your health. If you were saying you could pay £400 a month, just £50 less than normal, then surely anyone with any common sense would see that you were doing your best and this was actually a pretty good offer. I would hope the Ombudsman would decide that their behavious has been unreasonable. The regulator, the FCA , says that lender should treat their customers fiarly…
AC says
I have a complaint with the adjudicator st the moment which I’ve been advised will have a response by next week so will let you know what they say.
Soph says
Hi AC, when did you send your complaint to the FOS and when was it picked up by an adjudicator? I sent my complaint for Amigo at end of April. I called about 2 weeks ago and was told the business had sent their file and was now waiting to be allocated to an adjudicator. Just wondering how long it might take? Thanks for any response.
AC says
Hi Soph
I sent it off on 09/01 and was picked up on 18/04 by an adjudicator. It took a little longer as the original adjudicator left so had to be handled by someone else. I had a call on Monday saying they will write to amigo asking to refund all interest on 4 out of 6 loans, the first loan was over 6 years ago so said to leave this. Just need to wait for Amigo’s response now. Hopefully yours will be picked up soon
Soph says
Thanks for that. I’ll give it a few more weeks and maybe call for an update. Hope you get the response you want from Amigo. I have 2 guarantor loans, 1 with them and 1 with UK Credit. They were both horrible to deal with. UK credit sent me their final response and they had listed my income and expenses and had put my monthly food costs at £60! I have no idea if I said this or not but really can’t see that I would have as it would have meant that a family of three only spent £15 a week on food / toiletries which is ridiculous. Maybe £60 a week! I’m hoping that alone goes in my favour as surely any reasonable person would not accept that a family of three only spent £60 a month on food. I’ll post how I get on with them both.
AC says
That’s what my adjudicator said, they don’t get proof of the income and outgoings, she also said that if it’s unaffordable to you they can’t use the excuse that the guarantor will pay as the loan is not for them and it’s all down to whether you can afford it. good luck with them, I’ll let you know what Amigo say.
K says
Hi, after a long battle I have just had a response from adjudacator today in my favour saying they agree that Amigo were irresponsible in their lending to me for loans 4 to 10, they have requested loan 10 be cancelled and all interest and charges from 4 to 10 be refunded plus 8% simple interest and all adverse info removed from my credit file. They also asked them to pay 150 compensation for the way I was treated by them. Its not over yet as Amigo will prob argue this but the relief even seeing that email today from the adjudicator was unreal as I thought no one would stand a chance against that company.
Hope this helps anyone thinking of going up against them.
Ailie says
Hi Sara,
Firstly, thank you for this site!
I’ve made a few complaints to a few of the lenders but I’m having problems with flmquick. I have sent the complaint through to Amigo as I can’t trace an email for flmquick anywhere.
Does anyone have an email for them as I’m concerned that amigo won’t be doing anything with the complaint? The amount of interest I paid them was over £2k so keen to get this one moving!
Sara (Debt Camel) says
Amigo took over FLM and complaints have to go to Amigo.
david says
i received my final response from Amigo on the first day of the 7th week into the 8.
they rejected my complaint based on the fact they held a telephone discussion with me about my finances at the time and also took credit report checks. i’m feeling defeated to be honest as they seem to have done what they should have.
is it worth escalating to the FOS do you think? I don’t want to waste the time of a valuable service.
Sara (Debt Camel) says
As the article above says, don’t be disappointed if your case is rejected by the lender – send it to the Ombudsman.
Do you remember much about the telephone conversation – did they really ask all the questions they should have about your expenses? Were there anything you said which they should have known were wrong if they had looked at your credit record – perhaps you didn’t mention some of your debts to them? Reread the article and think what extra points might help your case with the Ombudsman.
I suggest you send the case to the Ombudsman and also send Amigo a Subject Access Request to hello@amigo.me asking for a copy of all the personal information they have about you including a copy or transcription of any phone calls. Put Subject Access request as the email title and just ask for all the information, there is no need to explain why.
You don’t know what you could get back from this. What you are looking for is things that Amigo knew about you that it ignored when it decided you could afford this loan. Or things that it failed to ask about if your application differed from other info they had.
A SAR can take a month to arrive, so don’t wait for this to send the case to the Ombudsman – you can always send the FO more details later.
david says
hi Sara, funnily enough I have since received a CD from amigo, yes a CD!
I didn’t make an SAR request but it seems they have provided a call recording as the content is 30 minutes long. i assume its from the application stage as I haven’t had a chance to listen to it yet, but I will take your advice on board.
many thanks as always.
Robert says
Hi, i would be grateful for some advice if possible.
In December 2017, i took a loan out with George Banco for £6,500 and my mum was guarantor. I was in a complete mess with payday and installment loans that i couldnt even pay rent or bills and it seemed this was the only way i could clear them. During the application process they asked to see my most recent bank statement and payslip and asked what the loan was needed for to which i explained to clear payday loan debts. The guy could see from my bank statements that i had a lot of borrowing and he even suggested irresponsible lending. I also had loans with onstride and 118 money totalling about £180 a month in repayments.
I also had a problem with gambling, which was clear on my bank statements but nothing was ever mentioned on the phone about these or questioned. In my own stupidity i ended up turning to payday and installment loans again shortly after paying them off due to gambling. I have since stopped gambling and have complained to every payday lender.
Do you think it is worth complaining to George Banco?
Sara (Debt Camel) says
First question – is this loan really affordable for your mum? Could she make the monthly repayments from her income, not by selling investments or even her house? If it isn’t, get her to complain and ask to be removed as a guarantor, see https://debtcamel.co.uk/amigo-complaints-by-guarantor/.
Next how fair was Georg Banco’s assessment. Were you asked why you had such a lot of debt? what bills were you behind with – rent, utilities? Did GB ask about these? How much debt were you proposing to pay off with the GB loan – all of it, all the important bills, just the payday lenders?
Robert says
My mum more than likely would not be able to re-pay with her income and has stated this to me since. They did ask her questions about her income and debts over the phone.
I wasn’t asked as to why i had such an amount of payday loan debt, i simply said i needed the loan to clear the balance of my payday loans and the guy indicated from my bank statements that i would have a case for irresponsible lending.
I was behind on my rent and my share of ulitlity bills which total £500 a month and my debts with payday loans were for the other £6k and i said i would be using the full amount to clear my debts
m says
Hi
I just wanted to give an update and get some more advice please.
Since the above the adjudicator upheld my complaint on loans 4 to 10 and asked Amigo to cancel loan 10 and remove interest and charges. They asked them to refund all interest from loans 4 to 10 and apply 8% simlple interest. They said the refund should be used to clear capital balance (10000) and pay me 150 compensation for poor customer service.
I rang Amigo today as I looked at online statement and they had credited random amounts of interest but took it from the outstanding balance of 12000 odds and have been adding interest also. I explained to them that they were supposed to remove the interest from loan 10 ( I hadnt paid them in a few months to was over 12000) and then credit the refund against the 10000 as this is the capital balance.
Am I correct or were they right to take from 12000?
Sorry for long winded message lol
Sara (Debt Camel) says
The last loan – how much did you borrow? Have you made any repayments to it?
Also do you know how much interest you paid on loans 4-9?
m says
The last loan was topped up to 10000 in August 2017. I made payments until January 2018. The arrears were then over 2000 so took balance to over 12000.
The adjudicator said refund should be taken from capital balance which i believe to be the principle? But the took it from the 12000 odd.
Interest paid 4 to 9 I worked out to be approx 7000 i could be wrong as i wasnt sure if i was doing the math right.
Sara (Debt Camel) says
The balance owing should be reduced to the amount you borrowed LESS what you have paid to it. So if you had made payments from Aug17 to Jan18 that is minus 6 months payments. And no more interest should be added. Then they should credit the account with a refund of the interest you paid on loans 4-9.
It doesn’t sound as though have got this right! I suggest you tell your adjudicator.
Tom says
Received my final decision from Amigo on the final day of the 8 weeks, no surprise they have rejected it. On to the FOS we go!
Here’s some extracts from their response:
“You confirmed that you received a monthly income of £2500 from your full time role. We verified this figure by comparing it to national average of what someone in this role should earn on a monthly basis”
“We also questioned your monthly expenditure, and compared this to national averages”
“Within your email you also raised concern that proper checks were not completed, as your credit history would have shown recent missed payments and defaulted accounts. As confirmed, whilst we viewed your credit file before the loan is agreed, we did not use this to base our decision on whether to lend to you. If a customer is able to meet our criteria and can afford to cover the repayments, then we will progress with the application”
“Having outstanding debt or being in a Debt Management Plan doesn’t mean a person is in financial difficulty.”
Few interesting points in there, let’s see what the FOS says. I expect the next bit will take a few months!
Sara (Debt Camel) says
I suggest you send Amigo a Subject Access Request for a copy of all personal information – email them at hello@amigo.me with Subject Access request as the subject. Who knows what you may get back – some of it could be interesting. It can take a month so do this now.
AC says
Had adjudicator call me today to say that Amigo has agreed with them and to refund all interest on 5 of 7 loans and that I should get refund within 7 to 10 working days and current loan already shown as cleared on my account
So grateful for this site.
Sally says
Well done AC. Amigo rejected my complaint so have just sent it to the FO today.
AC says
Thank you Sally.
Just asking the question to them on the simple interest as the calculated it to £311 on paying over £6700 interest over 5 years which didn’t seem right to me but will wait to get a breakdown from them.
Good luck with your claim as well, hope you get a positive response.
Mk says
I currently have same query ‘re how they are awarding simple interest as they don’t seem to be doing it right which is very worrying for anyone not on the ball.
AC says
I know, surely on £6700 paid in interest over 5 years it should be more than £311! Have you heard back from them yet?
Mk says
Yes I’m in a bit of a debate at the minute as they told me if I wasn’t happy go to my adjudicator to clarify…I did, the adjudicator agreed with me that it is from date borrowed to date COMPLAINT settled …I forwarded the email to Amigo… they told me they would have an update today and when I rang them they are still saying they are right… I find I am still speaking to a brick wall… I ended up telling them I am taking the complaint as far as I can and going public so others are aware how they are still trying to dwindle people who are already financially vulnerable out of more money and then hanging up as they get my blood boiling… and im a calm person lol as they started threatening ccj on the balance left which is wrong as they haven’t deducted the correct amount. I then had a call from them telking me no action would be taking and they would email the adjudicator within the next week or so with the calculations of how they came up with their amounts etc. Delay tactics… worst company I have ever dealt with!
Sara (Debt Camel) says
This sort of problem does usually get sorted. Amigo haven’t had a lot of experience of these payouts … yet!
Gary says
Hi,sara
My amigo loans was topped up in December to £10,000.
I had £2700 to pay back when i felt the need to top up after so many texts and emails from amigo,and obviously struggling with other debts.
I am paying back £17,000 over 3 years for the loan but at the time of the top up,they did a credit check which i obviously passed but at that time,i owed £700 to safetynetcredit,£380 to wonga,£450 to lending stream,had a tesco credit card with a limit of £600 maxed out,and a £1250 overdraft with my bank.
As you said,regardless of my guarantors wealth,they should make sure that i can afford repayments first and foremost.
I’m paying back £487 a month but now my overtime has been drastically reduced which has put me back to square one again,only now i have £487 to pay alongside my other debt.
Are they a case of irresponsible lending considering my credit rating would’ve decreased since the original loan and many payday lenders and such would’ve been on the credit check that the did?
Also are they known for at least reducing the high interest on loans?
Sara (Debt Camel) says
There is no way they will agree to reduce the interest rate. If you win an affordability complaint, all interest will be removed from the loan and they will have to agree an affordable repayment plan with you and not ask your guarantor to pay.
Were Amigo aware much of your income was overtime?
Gary says
Well,they asked for my annual salary which is £17,200,so i assume they estimated my monthly take home pay.
benjamin harding says
So my 8 weeks is up Monday – Amigo have just rang asking me to send over bank statements covering the 7 months where I was allowed to take out 4 loans (starting at £750 to £3500) He said they they are looking to get a decision to me by Monday and want to work with me to resolve it without involving the FOS. I will be very interested to see what they say.
Apart from the initial loan I never spoke with anyone on the phone, my top ups were done online using the expenditure form that is oh so easy to manipulate to your favour. I will post updates.
ben says
Compliant not upheld.
Some pretty bizarre statements they have made:
“it’s not concerning to see that you were behind on paying other creditors at the time of applying for the loan” – seriously?!
“It is apparent from the bank statements you sent me that this (gambling) was having a severe impact on your financial situation” – I’ve asked if they had access to them at the time of my application would they have still lent to me.
“the amount of active Credit Accounts that you held, had also decreased from 24 to 22, this supported your application and showed signs that your financial situation had improved since your loans with Amigo” – 22 active credit accounts and they didn’t question why so many. I told them I was clearing at least 10 with my previous loan so they obviously don’t check.
I think they’ve kind of shot themselves in the foot with these statements. Hopefully the FOS will agree.
Sharon says
I have used your template and complained to George Banco regarding my guarantor loan. They did not check bank statements or pay slips. I explained that this has always been unaffordable and even worse after reloaning. They persistently ask if I want to reloan and don’t take No for an answer. I suggested they remove the interest and I pay back only what is owing. They have come back to say they can’t remove the interest but may be able to significantly reduce the APR and reduce my monthly payment by lengthening the time I pay off the loan. I was then sent an income and expenditure sheet so they can assess my situation before any figures are discussed o assume? I’m not sure whether to go into discussion with them or just reject their offer and take it straight to the ombudsman?
Sara (Debt Camel) says
Oh! I haven’t heard a guarantor lender suggest this before. I think it would be good to know what they are offering. It depend s how significant the reduction is, and also if they are just reducing it from this point, or going back to the start of the loan. Come back when you have the details?
Sharon says
I emailed straight after your comment asking if the reduction of APR would be from now or from the start of the loan and it’s gone all quiet! No response at all? What should I do now?
Sharon Holmes says
George Blanco have come back to say they can take the current settlement figure and run it at their lowest APR of 15% and have offered me £96 over 72 months to reduce my monthly amount, this is instead of currently paying £172 a month with an APR of 45.7%. Does this seem like a good deal?
Sara (Debt Camel) says
Do you agree you can afford to repay £96 without borrowing again? if you can’t that needs to be pointed out.
But even if you can, this doesn’t seem like a good offer – you will be paying over £6500 back over the next 6 years. I think it’s worth sending to the ombudsman.
Maz says
Hi, this is very interesting, thank you for a very informative website. I took a guarantor loan out with Glo in July 2016 for £3,000 and ended up paying over £1,400 in interest. I paid everything back in full.
I have sent in a complaint, as although now the loan repayments have finished it’s put me in a lot of financial difficulty and I’ve been suffering from anxiety. I was already in debt when they gave me the loan, 3 or 4 different credit cards maxed out, two loans (with 1st Stop and Avant Credit) and about £3,000 into my overdraft. Do you think that I have any chance? Also, with regards to 1st Stop even though it was a personal loan that I had out with them, the interest was staggering, would I be able to claim back the interest on this or at least part of it? As I got loans to cover the payments for other loans.
Would be grateful for any advice!
Thank you!
Sara (Debt Camel) says
It’s worth complaining to 1st Stop and Avant Credit if you think they should have seen that their loans would not be affordable for you
Maz says
Hi! I sent an email to glo but the email address didn’t work. I found a different one for them services_glo@provident.co.uk. I sent them an email yesterday and received an email today, where apparently they have conducted their full investigation. I’m not happy with their response and they’ve also made a mistake saying “I have reviewed your details and found evidence of one loan agreement where you were approved as a guarantor on XXX under the agreement number XXX with a monthly repayment of XXX. I confirm this loan agreement was repaid in full and within term on XXX.” I wasn’t the guarantor, I was the person taking out the loan.
Their response basically said that if my outgoings were more than they were it was my fault for not listing them. My point to them is that they did not responsibly lend as they could see I had a huge amount of debt prior to taking out this loan.
Do you think I should complain to the Ombudsman (as in do I stand a chance)? I’d be so grateful for any advice you can give.
Sara (Debt Camel) says
If you feel that Glo should have been able to see from your credit record that your other credit commitments were too large for you to afford their loan, then yes, I think you should complain to the Ombudsman.
I also suggest you should send them a Subject Access request asking for copies of all your personal information, including recordings of any telephone calls. You are going to be looking for any evidence that glo knew facts about you that either it chose to disregard or which contradicted something you had put in your application.
Maz says
Their response basically said : For the affordability assessment we use a wide range of data sources to ensure we are using the most accurate and up to date information about existing credit commitments, living expenses and income to inform the next stage of the lending decision; affordability and sustainability. This includes assessments of declared income and outgoings provided on the applications. The following information was provided by you in reference to your declared income and expenditure. Please be aware that it is the responsibility of the applicant to enter true and accurate information on their application for credit. Any omissions could result in applications being treated as fraudulent.
Data from Credit Reference Agencies (CRA) are used to verify your existing credit commitments, including mortgage/rent, by providing us with actual credit commitment information.
We use verified outgoings, along with the proposed new loan repayment amount, to determine the amount of income an applicant requires to afford the repayments of the new loan. Having reviewed the affordability checks conducted, I am unable to agree the loan was issued irresponsibly.
I’m unsure what to do. I don’t really think they would have had time to investigate this properly in such a short space of time and it feels as though it is a bit of a copy paste job! I’d be so grateful for any advice. Thank you Sara
Matt S says
I have finally received a copy of the pre-payout call regarding my Amigo top-up loan. Having listened through it I have a couple of points which I am going to put into my complaint.
Firstly I entered into debt management in July 2013 and received the top-up in December 2013. Having looked at a credit report that takes in this period there are at least 7-8 notices of arrears, defaults or debt management against payday loans in the 6 months prior to being approved for the Amigo top-up. Although in the call I was asked about these debts (as they were looking at my credit report) I was never once questioned about why there were arrears / deafults or more importantly in my eyes why I had had to enter into debt management to pay these off. Surely this was a sign I was struggling with my finances.
Secondly with the top up the amount I was receiving was £1700, when asked why I needed it I said to pay off some payday loans and to use for Christmas. However as she went through the loans on my credit report with me asking how much I set aside for them each month, with pretty much every one I said I was going to pay it off with the top up. This would have totalled approx. £4000-£5000 but I was only receiving £1700 but again this wasn’t queried with me and was just accepted by them.
Ally says
Hi Sara,
Thank you for this site; it’s been so helpful.
I had a guarantor loan from FLM (now amigo) back in 2010; after having several payday loans etc too. During the course of the loan; several times they had to take the payment from the guarantor as there was simply no money in my account.
I sent them an affordability complaint two weeks ago and received a prompt response to say as it was 8 years ago they weren’t going to look into it. I stated I only found out I could claim this in July in the complaint.
I’ve sent it onto the FOS but am I just wasting my time as it’s too long ago?
Thanks
Sara (Debt Camel) says
Well see what the FOS replies, but I would be surprised if this is looked at.
EDIT In 2019 people have had FLM loan complaints upheld at the ombudsman
Matt S says
I’ve put my complaint in to Amigo and they’ve come back asking for bank statements. I sent Nationwide a secure message asking if they could email me the statements required and they came back saying they had posted them out and they couldn’t email them due to data protection. Is there anyway around this (for example if I gave them express permission to email them to me). It is my data and I am the one asking for it so cant see why there’s a problem.
Only reason I’d prefer them by email is that I’m working away from home for the next 4 weeks so will hold everything up if I’ve got to wait until I get home to get the paper copies.
Sara (Debt Camel) says
By the time you have managed to convince Nationwide to email them, the paper copies will have arrived long ago. Sorry but a bank doesn’t normally decide to ignore part of its data protection procedures, however silly you think they are.
Matt S says
Hi Sara,
Thanks for the quick response. Would requesting bank statements come under GPDR? Having looked at the information on an Individuals Rights of Access regarding GPDR on the ICO website there is a section that states..
How should we provide the data to individuals?
If an individual makes a request electronically, you should provide the information in a commonly used electronic format, unless the individual requests otherwise
Would it be worth me mentioning this to Nationwide?
Ben says
Amigo Asked for my bank statements too during my complaint. The only reason they want them is to verify your income at the time you took out your loan. They told me they were not bothered by the amount of debt or gambling transactions there were. I wouldn’t get too hung up on them not receiving them in time. Id be more worried if it was the FOS asking for them. Good luck
Tom says
Hi Sara,
I stumbled across this website last night and had a good read over most of the pages. I got caught up in the payday trap when I was 18. I ended up in a DMP not long after, but since clearing that account I’ve struggled with money since.
My question is regarding an Amigo loan. I took out:
£5000 in July 2015
I then took a top up of £7000 in June 2016; £7500 in August 2016; £9500 in March 2017; and £7000 in February 2018.
In jan this year , I paid a lump sum of £5000 from inheritance. I then wasted to lower the monthly payments but the only way to do it was to re apply for a new loan contract which funnily enough meant borrowing another £500!
They’ve had thousands and thousands off me as I’ve been paying on time every month since the original loan back in 2015. My guarantor is my best friend from school so I never wanted it to affect her.
What do you think?
I’m just starting my process and I’ve send off the first emails to all of my old creditors. I’ve found this site and all th comments very useful and encouraging.
Thanks :)
Sara (Debt Camel) says
That is a lot of top ups, these cases may be easier to get something back on as there is the element of repeat borrowing – Amigo should have asked themselves why you kept borrowing. One thing to look out for is whether you said you would use the loans for debt consolidation and then you didn’t… Amigo should have noticed this!
Definitely go after the old payday loans as well, getting any money back from them will help you get rid of this guarantor loan curse and you can still go for a refund from Amigo.
Tom says
Hi Sara,
Thanks for your reply!
I suffer with bipolar disorder (under control now) one symptom of which can be excessive spending and taking risks, but at the time of all my payday loans, I kept using most of the accounts every month because I was being left short. I sent your template for the first request and there were around 10 lenders on the list.
I’m hoping something comes from this because the whole financial situation made me ill from stress, and this stress has followed me since.
I also had a Vodafone contract back in 2015, and I had a bit of a gambling issue at the time. I found a mobile casino website where you could deposit funds £30 a day from your mobile bill. I ended up racking £900 in charges. Shocking amount.
I also put it off so long for all of them because I didn’t want to deal with the stress again. But I feel like I’m making the steps finally to resolve all of this :)
billy says
Thank you for your email and the additional information that you have provided to us.
Having received this, I can confirm why our agents were previously unable to locate your details earlier on.
In order to remain compliant with the new GDPR regulations, we now ensure that we do hold customer information for any longer than necessary. Your loan was paid out over 6 years ago and was settled in 2013, more than 4 years ago. Therefore, both your, and your guarantor’s information has been deleted, and we no longer hold any records regarding this loan or you both as customers.
This is also in line with information provided by the Financial Ombudsman who state that there are time limits for a customer to raise a complaint. They state that these times limits are “six years from the event the consumer is complaining about(or -if later- three years from when the consumer knew, or could reasonably have known, they had cause to complain)”.
Due to this, we no longer have the relevant information to be able to investigate your concerns, and are unable to raise a complaint on your behalf.
I understand this may be disappointing for you, and thank you for your time in getting in contact with us.
Kind Regards
Customer Relations
Amigo Loans
On
Billy says
Hi Sarah,
I’ve just emailed a reply from Amigo telling me they don’t have any details of the loan although they can tell me when the loan was paid and hen it was paid off, am livid as the dates are totally wrong! I have credit card details to back me up also have Barclays statements saying the money from Amigo was paid in August 2012, Amigo say it was paid in 2011, although they insist they don’t hold any records after 4 years!
Gareth Gough says
Hi Sara,
I have currently put a complaint it regarding Amigo. I borrowed 2250 May 2017, then topped up to 3000 in June 2017, then topped up to 7000 in August 2017 and finally 8250 in November 2017. Each occasion I just completed their online form (which would tell you if something was affordable or not – which in my view encourages people to try and make their outgoings fit the system) and had a follow up conversation with a call handler – not a very detailed discussion. Amigo rejected the complaint so I sent in to the FO. Given the 3 close together top ups do I have a chance of some partial success? Also more impotently if the FO decides the loan is unaffordable – could Amigo then just move the whole debt responsibility to the guarantor?
Thanks, Gareth
Sara (Debt Camel) says
“Given the 3 close together top ups do I have a chance of some partial success?” yes. It is often easier to win for the later top ups than the first loan. For example if you told them you were taking the loan to consolidate debt, then they can see when you apply for a top up that you didn’t.
“Also more importantly if the FO decides the loan is unaffordable – could Amigo then just move the whole debt responsibility to the guarantor?” No. If Amogo decide the loan is unaffordable, they should remove the interest so you only repay what you have borrowed and agree an affordable repayment amount with you.
Louise says
Has anyone had any success with UK Credit? Direct from lender or with FOS? I got rejected on on my latest one and just starting complaint with lender for previous loan with them…I looked at the ombudsman data and could only find 3 cases for UK Credit.. obviously only ombudsman level show..they were all not upheld..any successes?
Soph says
Hi Louise
I have a complaint against UK Credit. They rejected at 8 weeks and so was sent to the FOS. I have just been contacted by an adjudicator this week to say they have picked up my case and they have everything they need to now start looking into it. Hopefully not too long now till I get their decision. I will update how I get on.
Louise says
Many thanks, please do let me know..it’s interesting to know as well as they are so new.. I’ve not long sent mine to FOS and have another one with UK Credit now for an earlier loan…good luck Soph :-)
Jeff says
Hello,
I previously had a guarantor loan with Amigo and wonder if i have grounds for a complaint.
I had been gambling for many many years and used payday loans and other “bad debt” loans to get by. When I got the Amigo loan i already numerous defaults, late payments and was on a DMP (which they verbally acknowledged on the phone with me). I cant remember if they needed bank statements or what i filled in exactly on the I&E but i imagine i would have been desperate and most likely not been truthful in the answers. My statements would have highlighted many very large gambling transactions and other large debt repayments and bank fees every month from returned direct debits and going over my overdraft limits.
Do you think this constitutes as irresponsible lending? I never missed a repayment and ultimately was able to pay it all back early with a family loan to save interest.
Sara (Debt Camel) says
I think that a lender offering a large, high cost loan should do good checks to make sure it is affordable. So yes this is worth a complaint.
Gareth P Gough says
Hi All,
Has anyone got any success with Amigo? I tool out a loan May 2017 for 2250 and 4 more until in reached 8250 in Nov 2017. Amigo only spoke to me on the first loan – this basically meant more due diligence on the 1st loan that the higher amounts. 5 loans in 6 months lso feels like quite a lot? The guarantor is my Mum, who is retired. She has an occupational pension and state pension.
I have already paid around 4500 to Amigo – I really hope I get some success with this as the 350 a month I am paying is quite difficult each month.
Sara (Debt Camel) says
Yes! 5 loans in 6 months is a very large amount!
Amigo should have assessed whether each top up was affordable for you and also for your mum. You may not want to worry her, but you could encourage her to put in a complaint too?
The template letter above asks Amigo to supply a SAR (all personal information) if they reject it. I suggest you should send the case to the Ombudsman if they do reject it, but getting the SAR details a few weeks later may give you useful ammunition to add to the FO complaint. Good luck!
Jane says
Hi all,
Huge thanks to Sara and Debt Camel for the fantastic advice on this site…much appreciated.
I am a small business owner who has had various pay day loans etc over the years.I chose this route instead of bankruptcy on a limited company I ran ten years ago. Very responsibly I am repaying all of my debt and work very hard to do so.
However, I am on a mission to ensure FLM Quick (now Amigo Loans) and Amigo Loans are held accountable for loans made to me in 2013. I have submitted my complaints and a raft of issues. I believe I have paid both companies combined around £6-£7,000 in interest.
My mum was my guarantor. It greatly saddened me to find out from her recently that whilst being interviewed by Amigo Loans to ascertain her financial position, she was encouraged to reduce food and clothing spending in order to meet the guarantor criteria. I do hope they have this on record.It’s appalling.
I take full responsibility for repayment of debt but, I rolled over my FLM Quick Loan 12 times.
I’ve had quick responses from Amigo, to be fair. They have assigned a case handler.I fully expect this to go to the FOS. I’m ready with all of my evidence in eager anticipation!!
If it doesn’t go my way at least I will have given it my best shot!
Will keep you all informed.
Thanks again Sara!
Bill says
Hi Jane,
We have a early on going complaint with Amigo, think Amigo will be the next big one to fall just like wonga once their dodgy practices are investigated by the FOS
Ps what concerns me is people tell me i don’t stand a chance in chasing Amigo for a claim as they are too big!
Jane says
Hi Bill,
It’s going to be very interesting to see what happens with Amigo.From my understanding/experience those doing the initial checks were very pushy by telephone with both borrowers and guarantors and were determined to,”tweek the figures,” with regards monthly expenditure to meet their criteria.
Please don’t let their size overwhelm you,go for it and let me know how you get on.
I am on a mission with theses guys!
Sara (Debt Camel) says
Ask for a recording of the telephone call. People have won cases where the adjudicator at the Ombudsman decided the salesman was “leading” the customer into giving a low answer.
Jane says
Thanks Sara, this is good to hear.
I was gutted when my mum (a very intelligent woman with a PHD) felt she felt coerced in to giving the correct answers. She said she felt under pressure.I intend to give the majority to her if I’m successful!
Bill says
Hi Jane,
Yes Amon on a mission, it’s for my wife, I did complain in July to Amigo, told me they don’t keep any records after 4 years, the loan was taken out in 2012, her ex boyfriend took out the loan via on line, cut long story but he conned her just to agree when Amigo call and just agree to the loan, well after her received the money he deserted and left my wife £4000, she took out a credit card loan to pay Amigo in 2013, Amigo tell me they don’t have the details of the loan being paid but the balance is zero! My wife at the time wasn’t working but had her own home, she assured me she never received forms to fill in nor did they ask for bank stamens etc, if she did receive the forms she would of had time to read the small print or even had inputt of her friends who would of warned her not to accept being a gaurantor, it’s been with the FOS for a month now, they looking into it
Robert says
Hi all,
Just thought i would share my success with George Banco. I had a loan of £6,500 paying £244 a month and always felt from the first repayment onwards that i was struggling to repay ontop of everything else. Since i found this website i then decided to complain and i felt at the time of my application that yes they asked for bank statements but they did not question anything about the high outgoings on my statements. I used this in my complaint and said that it felt like the loan only mattered on the fact that i had a guarantor.
After 4 weeks i received a phone call from George Banco regarding my complaint asking for me to send in 3 months bank statements from the time of the loan, i did this and the 8 week deadline then passed without hearing anything. I emailed them asking for an update to which i was ignored and my phone calls resulted in them telling me “they have no record of my complaint” i wasnt happy obviously so i left a scathing review on trust pilot. Miraculously later that day i received a phone call stating a “clerical error” and my complaint had been put the “the bottom of the pile”… i said i was not happy and wanted my final response as i wanted to forward to the ombudsman. They promised a final response within a week and yesterday i received this and they upheld my complaint and have removed all interest meaning my monthly payments have now reduced to £83 a month.
The best result i could have asked for!
Sara (Debt Camel) says
Good one. And a good use of Trust Pilot!
Sharon says
I am still in dispute with GB and this has now gone to the FOS at Sara’s recommendation. I am disappointed that they did not deal with me in the same way they have dealt with you. I continue to pay a high monthly amount so my guarantor is not affected but I am really struggling. I have just done as you did and left a review on Trust Pilot. With any luck this will if nothing else prompt them to look at my complaint again alongside the FOS and reconsider! Thank you for your post.
Gareth P Gough says
That is great Robert.
In my Amigo case they only made the first call (for a loan that was the smallest amount). Does anyone know if the info on the guarantor i.e. a recording of their phone call will be heard by the adjudicator, I presume not as might be data issues? It it worth getting the guarantor to also complain?
Sara (Debt Camel) says
If the guarantor also has a complaint it is definitely worth getting them to complain. If you think there will be useful information on the guarantor phone call, you should tell the adjudicator and ask if your guarantor can provide a letter give authority for you and the ombudsman to listen to their call.
G says
I’m just about to make a complaint to Amigo
I’ve had 5 loans over approx 6 years – the last top up was July 18, I’ve made 1 payment and they are already saying I can have a further top up.
My question – their website states the upper age limit for the guarantor is 75. My father is my guarantor and he’s 76, will be 81 by the time it’s paid off in 5 years. Surely that’s irresponsible lending
Sara (Debt Camel) says
5 loans over 6 years is a strong case that the loans are not affordable for you.
The point about your father’s age is a good one – but it is an argument that he should make, asking to be removed as guarantor for all the top ups where he was over 75. See https://debtcamel.co.uk/how-to-complain-guarantor-loan/ for how he can complain. this would remove a lot of the pressure on you if he is no longer a guarantor as you can then simply ask Amigo for affordable repayments. Of course even better if you too win your complaint as well!
K says
I have a loan with Bamboo. All done online , don’t think I sent in any bank statements/wage slips but my husband is guarantor.
Surely that is a conflict as if I’m having difficulty , you don’t go for these high interest loans if you have other options, then my husband shouldn’t be a suitable guarantor
Sara (Debt Camel) says
“don’t think I sent in any bank statements/wage slips ”
If you don’t think Bamboo properly verified your application AND that the repayments are causing you problems, you either have to get behind with bills or borrow more money, then I suggest you put in an affordability complaint as the article above ^^^ suggests.
“my husband is guarantor. Surely that is a conflict as if I’m having difficulty” That is an interesting argument – if you are in financial problems, what is the chance of your husband being able to make the repayments… I don’t think it would help with your complaint, but if your husband was to make a complaint he could argue that they didn’t take that into account when checking if he could afford the repayments. See https://debtcamel.co.uk/how-to-complain-guarantor-loan/ for how he can complain. It is well worth him doing this, as if he can get removed as guarantor you can then look at your loan repayments being made lower and more affordable.
Nikki says
Hi Sara,
I have recently put in a complaint around 6 weeks ago to Amigo regarding a FLM Quick account I had along with several other payday loans.
They advised me they do not deal with these complaints and need to put into writing as dealt with at the Richmond Hill address to FLM quick.
For one I know they are in same building in Richmond hill as used to live in Bournemouth and secondly the gentleman above said he has an amigo case handler for FLM quick loan.
Can please advise on next steps? As I did send a letter as they advised but feel they are giving me the run around.
Kind regards
Nikki
Sara (Debt Camel) says
Was the FLM loan transferred to Amigo? Or had you repaid it before the takeover happened?
Nikki says
Hi Sara,
It had rolled over consistently for 5 years, so in the end because of the level of interest I paid they advised me they had closed it.
I borrowed £500 initially and averaged I paid £45 a month back for 5 years, closed in 2014!
So I think it was before the name change as did not know were Amigo.
I hope that makes sense.
Nikki
Sara (Debt Camel) says
In this case Amigo may not have any details of your loan at all, if it was already closed when they bought the book of open loan from FLM.
I think you will also find it hard to win a complaint against FLM (even if there is anyone to respond to you) as the loan was taken out more than 6 years ago.
Sorry, you can carry on trying, I am just saying it could be hard.
Nikki says
I have all the loan details, and quoted in the complaint. Plus all payments on bank statements.
I have had acknowledgement of the loan they have stated have to go through the FLM Quick team which are their sister company that no longer trades.
I will keep plugging to see where I get as I paid just interest payments on this and hadn’t realised at that time.
Thanks Sara
Wits71 says
Hi all, my friend has just told me about her issues with amigo and george banko. I was talking about getting interest refunds on my payday loans. She is in financial difficulties and not paid either of her loans for a while. Amigo for 12 months and George Banko around 6 months. Banko have rung all day for around a month. I had no idea she was in this situation. I have advised her to reply to explain her circumstances, rather than ignore them! Do loans have to have been paid off before she could discuss interest refunds etc. Is there any way these loans could be put on hold or dissolved. Would like to help her, but not sure how. Her father was her guarantor and he passed away last year. Thanks in advance
Sara (Debt Camel) says
“Is there any way these loans could be put on hold or dissolved. Would like to help her, but not sure how. Her father was her guarantor and he passed away last year. “ The article above explains how someone with a guarantor loan can complain, even before the loan is repaid.
“Would like to help her, but not sure how.” That’s very kind, but the best thing would be to send her a link to this page and encourage her to ask here. You can both chat about how your complaints are getting on, but she has a specific and unusual situation and there isn’t much point in me asking you things, you asking her…
“Her father was her guarantor and he passed away last year.” sorry lots of questions about this. Was her father well off, was he married, who is his executor – only she can really answer these. In some cases there may be a very good and simple answer for her, in others, not so good.
Ciro65 says
Hi guys, I am making an Unaffordable Loan complaint. Does anyone know how long Amigo have to keep all my data? Loan fully repaid within the last 5 years. They deny they have any of my data after I sent a SAR request! Thanks.
Sara (Debt Camel) says
Interesting question – I will come back to you after some research. Please post again if I don’t reply in a couple of weeks.
Ciro65 says
Many thanks Sara. I am proceeding to FOS already, as is my legal right, since the creditor has since refused to look into my detailed complaint since they hold zero information and it’s end of story as far as they are concerned. So step 2 here I come!
I am wondering how FOS will handle this now since I’m the only one with information
Mark says
***UK CREDIT LTD – UNAUTHORISED CREDIT CHECKING?***
Hi,
I have made a “affordability” complaint to UK Credit Ltd, which is now with the FOS.
This weekend I noticed on my Clear Score report that within a week of the FOS writing to UK Credit Ltd advising them that they are now investigating my complaint, UK Credit Ltd have processed a completely unauthorised full credit search on me. Equifax have also confirmed this directly.
This could just be a mistake made by UK Credit Ltd, however I have a suspicion that they have done this in order to obtain further information on me, in the hope that it will help them defend themselves with the FOS. Especially as 2 other ppl on the “PDL refund forum” have said the same thing has happened to them too. Either way, this is a disgusting abuse of “power”.
If you have made a complaint to UK Credit Ltd, I would advise you to keep an eye on your credit search history and advise the FOS and ICO whenever appropriate.
I will keep you all posted.
Mark says
Sara,
Had a very quick response from a compliance officer at UK Credit Ltd regarding the unauthorised credit search…..
“A “soft” credit search was conducted as part of our investigation…….Due to the serious nature of the complaint, a new credit search was carried out to help us ascertain and determine the negative financial situation that our loan has put on you. The FOS were informed and we have sent them a copy of the search………….I would like to add that the search was a ‘quotation’ search, this means it will not effect your credit rating”
I was right, UK Credit decided that they would run a credit check, to help them defend themselves in my case!
In my letter I asked them to provide an explanation as to why the search was done (they have done this) AND provide the legal/regulatory permission required that permitted them to do this search. They have ignored this, unless you accept that as the FOS knew, that’s permission enough.
What do u think I should do??? I’m disgusted, as now they can send this new credit search and because I have had a lot of the payday loans removed due to upheld complaints, UK Credit can claim their loan actually HELPED me.
I feel very disheartened.
Sara (Debt Camel) says
If this was a soft credi search that is normal. You said it was a search for a credit application- that is a hard search that other lenders can see – which was it?
No need to be disheartened, the point is they didn’t check your credit record when you borrowed, and your SAR shows this.
Mark says
No idea if it was a “soft” credit search…..on both my Clear Score an Equifax reports it just says purpose of search was for “credit quotation”.
That is true, but if they are able to just do a search whenever they feel like it (which I still can’t quite believe they are permitted to do), then use this as evidence with the FOS, they can argue ”even if we had done a credit check, there’s little/no adverse credit anyway”. As there are about 18 PDL’s and 5 defaults that are now no longer on my credit history, so it looks like I was in a much better position than I actually was and I can’t prove otherwise.
Guess I have to hope the FOS just dismiss the new credit search as it was done 10monrhs AFTER the loan application. Fingers crossed.
Soph says
Hi Sara & Mark
I complained also to UK Credit about the search for credit quotation and received a similar response in that they performed the search to see my current financial situation and they believe they have the right to do this and I can take it up with the FOS and / or the credit reference agency.
I have also asked for both credit searches to be included in my SAR but they have refused with the following explanation. Mark this maybe why no credit search was included in your original SAR.
Subject Access Request
I am afraid I cannot agree to provide the credit search to you. We are contractually bound by our agreement with Equifax, which prohibits us from releasing this information to you. It can be provided to the Financial Ombudsman Service as part of their investigation into the regulatory complaint.
You are of course welcome to take this matter up with the Information Commissioners Office.
Sara (Debt Camel) says
Ok, send a complaint to the ICO! Here is how to do it: https://ico.org.uk/make-a-complaint/your-personal-information-concerns/
Your concern is that without sight of this personal information you cannot tell if it is accurate or if they have processed your loan application correctly.
Laura says
Soph I rang the ICO this morning regarding UK Credit not sending the credit check information for the same reasons that they said to you..contractual reasons with credit reference agency. As Sara said, ICO confirmed they cannot do this. That reason does not come under any exemption with the ICO. I have emailed UK Credit today with this information and have told them if I do not receive the credit check information within the next 30 days..I will be lodging a formal complaint with the ICO. Love how they say they can’t provide our own information to us but they can to FOS…jokers..will let you know if they reply.
Soph says
Hi Laura, that’s exactly how I felt. I’m going to do the same and I’ll let you know what response I get back from them.
Laura says
Sara/Mark/Soph
Had a response this morning from Head of Compliance at UK Credit… the saga continues…
——————————————————————————————-
Further to my email of last week, I have now had a response from Equifax.
They have re-confirmed their position to us which is as follows:
· If we (UK Credit) receives a subject access request, asking for a copy of a credit search, then we are unable to provide it directly to you.
Equifax has stated we should direct you to the Equifax GCS team (global consumer solutions) where you can request the search from Equifax directly.
Contact details can be found here.
https://www.equifax.co.uk/Contact-us/Contact_Us_Personal_Solutions.html
Our position
As I hope you can appreciate, this places UK Credit in a difficult position.
We are the data controller and have carried out the credit search and therefore need to respond to any subject access request. Unfortunately we have restriction placed upon us by Equifax, which means we cannot release the data to you, as this would place us in breach of our contract with them.
I must point out that this is not unique to UK Credit, this is an industry wide situation.
Release of data to the Financial Ombudsman Service
As part of the complaint investigation process, we are allowed to release a copy of the credit search to the Financial Ombudsman Service, Equifax are aware of this and our contract does allow for it.
I do appreciate that this is not the answer you were looking for but I hope it confirms the current position between us, you and Equifax.
Sara (Debt Camel) says
Well this is absurd.
As I don’t want to delay your affordability complaints by getting sidetracked with this data privacy issue, I suggest you all ask Equifax to send you details of all personal information they have about you, including but not limited to, a copy of all information they sent to UK Credit and to any other lenders.
Meanwhile I will think what to do about the data issue. It’s fine for you three (Mark, Laura, Soph) who are here at the moment, but it is not on that a lender should not be sending all info when requested to by a SAR.
Sara (Debt Camel) says
Also it would be good if all three of you could lodge a formal written complaint with the ICO about the behaviour of UK Credit.
A possible complaint could be as follows:
You asked UKC for copies of all your personal details on dd/mm/yy. Then say UKC sent you your other details but no credit search information. When you asked where this was they have told you that they will give this to the Financial Ombudsman but can’t supply it to you because of a confidentiality clause in the contract with Equifax and have suggested you ask Equifax for the information.
Say that you think this is completely unsatisfactory, that UKC should send you all your personal information because that is what you have asked for and that you think they are being obstructive and causing delays by suggesting you should have to ask a third party (Equifax) for this, especially as you are not a customer of the third party. Add that you think other people may just have given up when they weren’t sent the information at the start.
Laura says
Thanks Sara, have written to Equifax and will now write to ICO..what a rigmarole…
Mark says
Sara/Laura/Soph,
Thanks so much for the info guys. It’s great just to know it’s not just u this is happening too!
I made a complaint to UKCL, they responded explaining why they did the credit check.
So, I then withdrew my complaint FOR NOW. I don’t want to delay or complicate the issue with the FOS.
Plus I’m 80% sure I have made a strong enough case just with the I&E form arguments. So I’ve taken a tactical decision, because if the FOS reject my complaint I can then take this matter further and ask the ombudsman to look at their decision based on the new information, ie the credit search and the fact that the final response letter claimed there was no adverse credit. Which I know is a lie.
Fingers crossed my plan works.
Sara (Debt Camel) says
You will not be able to reopen a Final Decision at the Ombudsman level even if you produce new evidence.
Definitely take your FOS case forward, but it will be slow anyway so I do suggest you ask Equifax for the credit search info. UKC away they will supply this to FOS anyway, so the sooner you get it the sooner you can decide how it affects your case.
Mark says
Sara,
Oh damn, have I misunderstood the process???
I’ve only just sent my UKCL complaint to the FOS, so weeks and weeks away from the adjudicator’s decision yet, but I thought IF the adjudicator rules against me, I can produce new evidence, which I intend to be my credit check (which I will either finally get from UKCL or I will send another check I have from Amigo which was done less than 2 months prior to my UKCL loan), which will contradict their final response letter, in order to appeal the decision and ask the Ombudsman to make a final decision???
If that’s wrong, I’m not sure what to do regarding the unauthorised credit check issue as I’ve already complained, then withdrawn that complaint :-( #Confused
Sara (Debt Camel) says
There are three problems here.
1) your affordability complaint – that is by far and away the most important. The others only matter if they help that.
2) the unauthorised credit check. I am still not clear if this was an admin check, but even if was a hard search you are unlikely to get more than £100 for it.
3) the way UKC have not provided you with details of the credit search they did before which is against the GDPR rules. Again any compensation will be minor for this. I think its important as it could affect a lot of other cases, but for you it is a side issue.
I was saying you can’t add any more info after the final ombudsman decision. You are right that you can add extra info after the adjudicator’s decision, but sometimes the timescale for that can be very tight. I suggest you ask Equifax for the credit search info right now as UKC suggested. It is a daft procedure, but just jump through the hoop as it may help you.
Mark says
Sara,
Got it, thanks, that makes sense.
I agree entirely with your comment, so I’m reassured I’ve done the right thing by removing complaints about your “problem 2 and 3”.
I will do what you suggest re Equifax now.
Mark says
I think this is pretty simple when u boil it down really……the contract that UKCL and Equifax have does not supersede the regulations and in this case the law of the land.
A similar (sort of), way of looking at it would be if I get caught stealing eggs from tesco’s and the police roll up, I won’t get away with not being arrested by telling Mr Plod that “It’s ok, I have a contract with my neighbour, that says I have to steal these eggs!”
UKCL have a clear decision to make……abide by the regulations/law or risk getting sued for breech of contract by Equifax.
Now, I have to go get more eggs……..:-))))))
Jane says
Hi all,
Just thought I would update you with regards my quest for victory with complaints at FLM Quick and Amigo Loans.
Amigo:
A couple of email exchanges to be fair but, no information forthcoming in terms of interest paid/SAR details etc. I had two loans, one one for £1500 then refinanced to £4,000. There is an outstanding balance of £556.00. I was offered top-ups/extra funding on a monthly basis. Interest is around £5,800!Chased them again today as we approach 6 weeks.I provided a full break down of reasons I felt the loans were unaffordable during week one, in particular the second loan. Have saved PDF’s of bank statements and credit reports as I expect this to go to the FOS.
Have cancelled direct debit and CPA and informed them and the bank, as has my guarantor who has also made a complaint.
I’m on a mission!
FLM:
My borrowing ran with them between 2013 and 2015….rolled over so many times I paid over £1200 interest alone on a £500 loan…staggering!
After a little research, I pulled all of my payment details together and emails sent from Amigo in relation to FLM Quick. They do therefore, I believe have a responsibility to answer this complaint. According to FLM’s web holding page http://www.flmloans.co.uk they became Amigo in 2012.
I have had no response in 4 weeks despite a detailed complaint. Chased again today!
On a mission for justice!
Mark says
Jane,
Go get ’em!!!!
I’ve just sent my complaint to FOS re Amigo.
Make sure you keep us posted.
Jane says
Thanks Mark!
You too! I’m at week 5 and I’ve an outstanding debt of £556.00, which oddly they are not chasing either I or my guarantor for despite the fact they warned me I must continue to make payments! Not sure what to make of this. They’ve asked me for nothing so far in terms of statements etc. I have though sent a very detailed complaint.
I’m positive but, fully expect this to go to the FOS. I despise the fact they portray themselves as being this ethical lender….total rubbish!
Keep the faith and hopefully we’ll be celebrating at the same time!
Nikki says
Let me us know how you get on Jane.
I am now sending mine to FOS this week after 8 weeks as advised me to send letter detailing my complaint, after Amigo sent me round in circles.
I have not even received an acknowledgment that looking into it.
I will let you know how mine goes as the interest applied to my rollover loan totals about £4500.
Nikki 😀
Jane says
Nikki that’s poor service to say the least! I would make a complaint to the ICO and request further compensation!
I have a chap looking after my complaint but, I’m under the impression they are inundated!
I had another email yesterday saying my loans are being investigated. I have little faith in their process to be honest….but, will remain positive!
Best of luck Nikki!
Mark says
Amigo have refused to send me a copy of the credit search they completed at the time of my £7000.00 loan application. Since my complaint and FSAR 30/07.
I requested this a further 3 times after receiving their final response letter stating “…..despite the claims in your complaint letter there was no evidence of any late payments, defaults or any such reduced payment arrangements on your credit history……….”
They FINALLY sent the credit search to me today.
There were only THREE loans showing on the search with an outstanding balance:
£5000 – 6 months in arrears
£1600 – Defaulted (3 months prior)
£1400 – Payment status of “DM” – which I have found out today means DEBT MANAGEMENT PLAN!!!!
If it wasn’t so serious it would be funny……………..I guess?
I suppose at least now I know why they were so reluctant to send it to me?!
Off to the FOS we go…….
Annie says
Hi, I have requested a SAR from amigo and had an acknowledgment today that it would be posted within 30 days. Do I now sent an email regarding irresponsible lending or do I wait until I have received a copy of the SAR. I took out two loans around the same time that I was using PDLs, amigo only took income and expenditure over the phone from my guarantor and I and never asked for any proof such as bank statements.
Mark says
Annie,
“Do I now sent an email regarding irresponsible lending or do I wait until I have received a copy of the SAR” – Send it now, so the 8 weeks they have to respond starts now, not in a month when you get your SAR (Assuming you get that on time, I didn’t). Just make sure you put in your complaint letter that you will provide further/supplementary details regarding your complaint once the SAR is received.
“amigo only took income and expenditure over the phone from my guarantor” – That could be VITALLY important to your case. In your complaint letter I would make a further SAR specifically relating to all “creditworthiness and affordability information/documentation/verifications” that Amigo have regarding ALL completed loan applications.
“never asked for any proof such as bank statements” – There are no specific FCA requirements for affordability checks and verifications, but they have to be proportionate. Hence why the I&E detail above could be important to your case.
Good luck and keep us updated.
Jane says
Sara,
Would you be so kind as to shed any light with regards FLM Quick? I’m having a struggle with this one to be honest. FLM were part of The Richmond Group which owns Amigo Loans. I appreciate they are no longer trading but, I was under the impression Amigo bought the old debts when they ceased trading.
I made an affordability complaint on 2nd September to Amigo re FLM (the loan is just inside the six year rule). I had no reply. I chased it again on 1st October and received the following:
“The reference number you have provided FLM Quick MLO 369151 relates to a loan that was with the company FLM Quick. FLM Loans and FLM Quick are separate companies which are both part of the Richmond Group.
Although FLM loans became Amigo Loans in 2012, FLM Quick have always been a separate company. Amigo Loans are part of The Richmond Group, however we are unable to acknowledge or respond to any complaints about a different company in the same group.
As explained, FLM Quick are no longer trading however there is a member of staff within The Richmond Group who is dealing with these communications, at the address that I provided.I can see that your initial email on the 2nd September was overlooked and I’m sorry that this was the case.”
Is it worth sending the letter to them and can they be held accountable for a complaint?
Thanks very kindly for your help,
Sara (Debt Camel) says
I suggest you talk to the Ombudsman, sorry.
Jane says
Hi Sara,
Thanks kindly. I’ve just spoken to them..very nice indeed.
She has asked me to do as they say and write to them at the provided address and then refer it to the FOS st the eight week mark if there has been no response. The FOS intimated that Richmond Group may presently be inundated with complaints and as FLM are no longer trading they may not be in a position to offer redress. I’m feeling this may be a “let it go,” moment!
Matt S says
Well Amigo have rejected my complaint after 8 weeks. They have advised in their response that I had a some payday loans and some late payments showing on my credit report at the time of application, however this wouldn’t necessarily have caused them to refuse me the loan as long as I could demonstrate the payments were affordable.
In the pre-payout call there were around 8-10 payday loans mentioned as being outstanding, and along with the late payments my feeling is that I should have been at least asked why I was in a situation where I had so many outstanding payday loans and why I was missing payments. At the time I had a huge gambling problem and they confirmed in their response that had they known about It I would not have been approved for the loan. Had they queried why I was in the financial position I was and perhaps asked to see bank statements then I’d obviously have been refused. All they were interested in was how much I earned, how much I paid out and how much I was setting aside per month to pay the outstanding debts. They actually confirmed in their response that had any of their checks raised concern then they might have asked for bank statements, I cant see why up to 10 outstanding payday loans with late payments wouldn’t raise concern.
Anyway off to the FOS I go.
Jane says
Hi Matt,
Sorry that you’ve not had the outcome you hoped for but, the fight isn’t over yet.
I’m starting to wonder if Amigo has settled with anyone prior to the FOS becoming involved!
I’m expecting the same response to be fair.
Keep the faith!
Mark says
Matt,
Sounds like a similar case to mine.
Don’t be disheartened by the complaint dismissal. I received a 5 page final response letter that was 90% templated responses in an attempt to stop people taking their complaints further. For example they said that there was nothing on my credit history that backed up my claim that I had late payments, defaults and a debt management plan prior to taking their loan……however as they didn’t include the credit check in my FSAR doc’s they enclosed it with the FRL and the credit search showed 3 loans with outstanding balances…..1) Was 6 months in arrears…..2) Was defaulted……….3) Had a payments status of “DM” which means being paid via a debt management plan!!!
If I were you I would also make a Full Subject Access Request (FSAR), specifically for all “creditworthiness and affordability” checks as this should only provide more evidence for the FOS.
Matt S says
Hi Mark,
All the information Amigo has on me has been sent to my home address. The issue is that I am working away from home at the moment. I did ask for it to be emailed to me but they said they couldn’t (I had the same issue with my bank statements, Amigo requested them but my bank would only send them to my home address and I’ve not been home in the last 2 months so wasn’t able to provide them to Amigo). However I will be home soon and will have all the information to give to the FOS if required.
They also stated to me that apart from some late payments there was nothing adverse on my credit report that would have affected my application. I had told them I had entered into debt management 6 months prior to receiving their loan and that this would show on my report. There are a number of DM notifications on my Noddle, Experian and Call Credit reports beginning July/August 2013 and I took out the Amigo loan in December 2013. They have claimed that the report they used show no notices of being in Debt Management so i’ll be interested to see the info they have sent through when I get home to see if this is correct.
Mark says
Matt,
As long as you keep the FOS updated with the situation, I’m sure it won’t make a difference. Especially as they seem to be waiting weeks and weeks for lenders to respond at the moment due to the number of complaints.
Yes, I’m sure Amigo (and most other lenders too), just tell everyone the same thing, In the hope they just go away……
WRONG!
Bill says
Hi Sarah,
Update on Amigo, initially told me they don’t hold detail on loans after 4 years, although the loan was paid off, I didn’t give up constantly emailing them to send me a copy of the loan agreement! Yesterday I finally received an agreement via email, this where it concerns me! the agreement re: my name, (the guarantor) blanked out with black pen, borrowers name also blanked out with pen, dates also blanked out with black pen, under close scrutiny, I zoomed in and can clearly see the names are not mine nor the borrower name, the names and addresses, plus the date 2012, same time when I took out the loan, even the loan amount is the exact amount that was paid into my bank account to pay the borrower, surely this is a breach of confidentiality as the names and addresses are clear to see.
Sara (Debt Camel) says
Gosh.
have they told you this is your loan agreement? or did they say it was a copy that would be the same as your loan agreement?
Bill says
Hi Sarah,
It was just an attachment with no heading, out of curiosity I checked the address on google earth and names on Facebook, I won’t contact the people on the loan agreement, but I wouldn’t be happy if my loan agreement was sent out in error!
I’ve replied to Amigo this morning with the attachment but no reply as yet,
Bill
Sara (Debt Camel) says
I think I would be less concerned about the breach of privacy than the fact that Amigo have tried to deceive you by sending you someone else’s contract. How do you know yours was the same?
Bill says
The date and the amount was exactly the same, I do think it a breach of privacy as I wouldn’t want my agreement sent to somebody else in error!
Also Amigo told me on countless times they don’t hold informatio on borrowers after 4 years, this agreement was in January 2012, so they obviously kept this agreement, just letting other people know in same circumstances when being told Amigo cannot help with info after 4 years!
Bill
chris says
I’ve complained to amigo loans, got the usual response, email looking into, obvisoily expected them to reject it, so prepare for fos what do I need while I wait for their investigation.
A little back story 5 loans final is for 10k started off with 2k rolled over 4 into new loans with in period of 8 months, plenty of payday loan all rolled over as well , missed credit card payments, car payments etc and so on. Do I you think the fos will upheld my complaint?
I originally got in to debt as had take time off work to look after my little after she was ill, was to proud to ask for help then it
Sara (Debt Camel) says
That sounds like a good case. I would hope Amigo uphold it! There isn’t much you can do at the moment. Part of sending the case to FOS is responding to what Amigo send in their response to you – which bits were wrong, where did they ignore points etc.
Mark says
Curtis,
“what do I need while I wait for their investigation” – Get bank statements covering 3 months prior to first loan, all the way up to one month past the final loan being paid off. If you still have a current balance on the loan(s), just get bank statements up to the date of your 1st complaint letter to Amigo. Also get a copy of your credit report. The best way of getting this is using Noddle, as you are easily able to download the report.
I also requested ALL information held on me by Amigo (FSAR), but you don’t need to do this. I just wanted to make sure there were no “surprises” when it got to the FOS.
I sent my complaint off to FOS 3 weeks ago re Amigo, so fingers crossed we both have success!
chris says
Hi Mark & Sara
i will get in touch with the bank and ask for paper statements for last to years, that not a problem,
i will get the SAR request sent off to the amigo and all the pay day loans providers as well.
i have been pretty organised, I’ve got copies of every contract t for every loan and payday – all the details on Excel so i can say exactly what i had for each loan, regarding the FOS.
good luck to you mark & everyone else, and blessing to Sara for running this website, its nice to know i am not alone.
chris says
Hi Again, so the 8 weeks passed on Tuesday since i made my complaint, and i haven’t had a response of Amigo, should i go straight to FOS or give it a few more days, i have given up waiting on hold when i ring the complaints team, thanks for your help :)
Sara (Debt Camel) says
Then send the case to FOS, saying you have not had a response and they don’t answer the phone. Hardly anyone gets a good offer from Amigo so there is no point in delaying sending the case to FOS. Aaso email Amigo and say as they have not replied you have sent the case to FOS and remind them they have not yet sent the SAR information you requested on dd/mm/yy.
steve wood says
hi all
sent my complaint off to Amigo after requesting a SAR had several loans off them including 4 top ups within 3 years. Struggling to make payments think the winner i have is i requested the recordings of the phone conversations and on one particular call they openly admit that the loan is not affordable but if i move my finances around and spend less on food etc and promise to pay them back i can have the loan. I have all this evidence on CD. lets see what they come back with.
Mark says
Steve,
WOW!
Make sure you have that audio saved in 3 different places and backed up!!! :-)
I agree that could be a vital piece of evidence that the Amigo SHOULD have known that given your current circumstances the loan(s) was unaffordable and therefore an FCA regulation breech.
Good work and good luck!
steve wood says
just a little update on my case. i contacted Amigo today chasing a decison as another payment is due soon and i was told that there final response was posted 09/11/18 which is well within the 8 week window. Now i’m fearing this is them wriggling out of it but my other half thinks it could be them getting it cleared up so its not taken further.
So what do other people think???
katiert says
Hi Sara, I had a couple of guarantor loans. The first was with amigo and my complaint was not upheld by the ombudsman because at the time of taking out the loan my finances were ok but worsened soon after. The second (took out after amigo) was with Hamilton greig/hero loans. They have offered me £500. Do you think this is a reasonable offer? The loan was for £6000 and was guaranteed by my father who was later made bankrupt and I was unable to keep up repayments so there was a CCJ made against me. Do you think it’s worth asking the ombudsman to look into my complaint and if they do but don’t rule in my favour will I lose my chance to take the £500? Thanks for any advice
Sara (Debt Camel) says
Do you still have the Amigo loan or was that paid off with the Hero loan? How large is the CCJ and are you making payments to it? What are the rest of your finances like?
latiert says
Hi Sara, both the hero and amigo loans are now fully repaid. The amigo loan was for £3000. Basically I stupidly started borrowing a lot in 2013 due to a family crisis. My dad became ill and I ended up being the only person earning in our household. I firstly took out the amigo loan, then the hero loan and then a loan of £4000 from TFS (currently with the FOS) I had a decent wage but had payday loans too and I was struggling with a gambling addiction. All the loans are now fully repaid but the amigo, hero and tfs loans went into a CCJ prior to being repaid.
Sara (Debt Camel) says
Have you asked Hero for a subject access request? That should show what you put on your application and also show the credit check they did against you. Have you looked at these in detail – what you are looking for is something that Hero ignored, possibly a discrepancy between your application and your credit record. So if your credit record shows debts that you didn’t put on your application.
katiert says
Hi Sara, I haven’t asked for a SAR yet. I’ve checked my bank statements and things didn’t look great so I’m sure that would have been reflected in my credit report. Would the ombudsman look into it with it being took out in 2012? Also my guarantors finances weren’t great as I’ve said he was later made bankrupt.
Sara (Debt Camel) says
“Would the ombudsman look into it with it being took out in 2012? ” when in 2012? what matters is if it was over 6 years at the point you send it to FOS. So if it is just inside, send that complaint to FOS today! You can always add more info to improve it later, but get in inside that 6 years if at all possible.
If it is already over 6 years, then you have a difficult decision. The Ombudsman may say they can’t look at it. They have recently decided they can look at older payday loan cases but that doesn’t automatically apply to other types of borrowing, although you can argue that it should. You may decide it’s best to take the £500 now – in these circumstance where the Ombudsman may not look at it, the lender may withdraw the offer if you go to FOS.
If you do go to FOS, you should ask for Subject Access Request details now.
Your guarantor’s finances aren’t relevant to whether you will get a refund.
Jamie says
If you are still repaying the loan and the interest amount you have already paid is more than the remainder of the loan will I get the rest of the interest paid to myself? for example, I have £2000 left on a loan of £7500 and already paying 9000 in interest will they just refund me £7000 or just remove the interest on the £2000 left to pay?
Sara (Debt Camel) says
If this went to the Ombudsman and it was decided the loan was unaffordable, you would have the rest of the loan written off and a refund of £1,500 – so you have just repaid what you borrowed.
In practice if the lender was to offer to write off the rest of the loan, you might think that was reasonable and accept that offer.