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
Beth says
HI, I have put an affordability complaint in with Amigo, who have advised that they have sent me out my Data Access request via post in the form of a CD. Is there anything else I need to do? Do I need to send out another email for the second stage or just wait for the final response? Thanks
Sara (Debt Camel) says
You can just put it on one side so you have the details in case the case has to go to the Ombudsman.
Danielle says
10 weeks have now passed since submitting my affordability complaint to Amigo, received no correspondence from them at all so phoned and was told they wont be able to meet the deadline and aren’t able to give me a timeframe as they still have alot to get through before mine. Left a detailed trust pilot review two days ago.. no joy. As advised, I will be emailing the FCA and passing the case to FOS today.
Ian says
Just thought I would update you on my Uk Credit complaint. I got a response back from my adjudicator today who has upheld the complaint which is great. Ive since had an email from Uk Credit asking for my nak statements as they never had these so wanted to verify what was written in the complaint. Im still not convinced that UK Credit will uphold the complaint and are likely to send to the Ombudsman. But im still happy the Adjudicator has seen in my favour. Ill keep you updated once I hear what UK Credit are going to do
Lou7 says
Hi all,
I am so annoyed!! I sent an email today to the adjudicator and she said she is still waiting on information from the first 4 loans. Amigo haven’t sent it to her, only info from the last 2 loans. She said without this she can’t progress the complaint. Is there anything I can do as I think it’s unfair that I miss out because they are being awkward?? Information would be greatly appreciated
Sara (Debt Camel) says
Your first 3 loans were a long while ago.
Which loans do you have bank statements for?
Lou7 says
Hi Sara,
All of them but the adjudicator as not asked for bank statements. She is saying she needs the dates of old loans, amount, monthly payments etc but I sent her all that via email because all that information was at the top of the statement. I was hoping it would have been sorted by now to be honest because it’s been nearly 12 months. It’s just frustrating when the payments are due.
Kalvin says
Just got my response from Amigo after the 8 weeks :
“We write further to our letter to let you know that we are continuing with our investigation into your concerns.
As we are currently carrying out a high number of investigations, we have been unable to issue our final response to you. We apologise for the delay and we will write to you again when we have the results of our investigation into your complaint.
We anticipate, based on our current volumes, to be able to respond to your complaint in the next four weeks. However, we will endeavour to respond sooner.”
Should I just take this straight to the Ombudsman or will I be better off waiting the extra 4 weeks (feels like a kick in the teeth after waiting 8 weeks…)
Sara (Debt Camel) says
4 weeks! That is very poor. I suggest you send it straight to the ombudsman.
As well as sending the case to the Financial Ombudsman you can also:
1) leave a bad review on Trust Pilot https://uk.trustpilot.com/review/amigoloans.co.uk saying they have missed not the 8 week deadline that the regulator sets for complaints and are now asking for an extra 4 weeks, but they expect borrowers to make all their payments exactly on time!
2) send the FCA, Amigo’s regulator, an email. This won’t help you directly as the FCA doesn’t look at individual complaint, that what FOS is for, but Amigo may hate this and actually do something about your complaint. And it’s simple to do. Email to consumer.queries@fca.org.uk. Copy this email to nick.beal@amigoloans.net and complaints@amigoloans.co.uk, those are the email addresses on the FCA register.
Say you have complained that they didn’t properly check your affordability but they haven’t responded within the 8 weeks allowed and they have said they need an extra 4 weeks. If you are struggling to repay this so as not to affect your guarantor, add that you think you are being put under an unfair amount of pressure because of their slow complaint handling.
End by saying you know the FCA will not investigate your complaint and you are sending it to the Financial Ombudsman but you wanted to report their very poor complaints handling to their regulator.
Lou29 says
Hello,
Today I received an email from Amigo confirming the amount of refund plus interest I am due and it’s just over £3100 I am over the moon, and all thanks to this website and templates!
Thank you!
Rachel says
Hi
Well done!! I was wondering when you put in your complaint to amigo how long until you git the decision?
Lou29 says
I put my complaint in on the 27th of September, they came back to me at the end of the 8 weeks saying they needed more time but should have my response within two weeks, and I got it two days before the end of the two weeks saying it had been upheld. Just waiting for the money now.
Emma says
Hi Lou so pleased for you! Did you send any bank statements? I haven’t and I’m worried they will ask for them once the additional 2 weeks is up on Friday!
Sara (Debt Camel) says
Why didn’t you send bank statements?
Emma says
Sara I didn’t think too… have I made a mistake not sending them?
Sara (Debt Camel) says
Sometimes they uphold complaints without them. Sometimes they reject them. Sometimes they ask for bank statements – I am just trying to speed up the cases where they ask for them.
Do you mind me asking something? I’m not criticising you, but lots of people seem to have not sent statements and I am trying to work out why to improve the article… Did you see my suggestion to send the statements? If you didn’t, was that because you had sopped reading and just sent the complaint? Or did you see it but it didn’t feel important or you just never really focused on it?
Emma says
To be honest I think I got so caught up with writing the complaint that I didn’t read the whole article… I had been struggling and so disheartened with the repayments for so long that when I came across your article I couldn’t believe it! I was full steam ahead!
I’m really hoping for a positive result, for years this loan has been hanging over me I’m crossing everything but I’m not hopeful
Sara (Debt Camel) says
That’s understandable. Fingers crossed you get a good result & soon!
Lou29 says
Hi Emma,
No I didn’t sent any bank statements and it was still upheld.
I didn’t purely because it was rather over complicated for me as I have 4 different current accounts and the thought of getting statements for them over years and then sending them off seemed quiet a task.
Hope you get a positive outcome!
Kalvin says
I have posted my review and also sent them an email as you suggested, how long approximately does the ombudsman take to start moving things forward?
Sara (Debt Camel) says
Hard to say, not many Amigo complaints have been going through to FOS recently. What is your guarantor’s situation at the moment? What are your other debts like?
Kalvin says
Is it possible for them to still reply before the 4 weeks is up whilst it’s been submitted to FOS or should I be expecting a few months of a wait? My guarantor has just been made redundant at his work so he’s unemployed with no income, all my other debts are in a DMP which is making it slightly more controllable but still causing me a tremendous amount of stress…
Stevie says
What a good thread to find :) I sent my email using the template on 2nd December and had an email back acknowledging they had revived it so fingers crossed
Adrian says
Hi,
Today I received an email back from Amigo about my complaint (thank you for the templates)
The loan was as follows…
Borrowed £2000 in Nov 2017 but topped up to £4500 in Dec 2017 over 3 years (the £2000 was paid back with the new loan)
I’ve paid 18 payments of £219.20
This is the refund outcome from Amigo…
We added up the total amount of interest that accrued across your loans. This was then deducted from your current loan.
Your balance has now been updated accordingly. Interest has been frozen, and all future payments will be deducted from the remaining capital loan amount.
Interest Refund 8% Simple Interest £0.07
Loan balance before your interest refund £3,348.14
Interest Refund £3,291.43
Loan balance after refunds £56.64
Is this good and acceptable? I’m not sure if this is what I should be expecting.
Any advice would be great.
Thanks
Sara (Debt Camel) says
So you never made a payment to the first loan? How much did you receive in cash when you topped up?
Are you sure you have only made 18 payments? It has been more than 18 months since the top up was taken out?
Has your guarantor made any payments?
Adrian says
I made one payment of £97 on the first loan and the next loan was paid out on 23rd Dec 17 for £2,520.90 with the other £2000 covering the other loan.
I checked and only paid 18 payments of £219
My guarantor didn’t make any payments
Sara (Debt Camel) says
You have only paid 1×97 to the first loan. After the top up it was closed and in all you only paid £115 of interest. The second loan you only paid 18 x 219 = £3942, so less than you borrowed…. On my figures you should still owe c £440 on the last loan.
But Amigo are offering to reduce that to £56 so I suggest you accept their offer!
Adrian says
Hi Sara,
Many thanks for your advice on this. I will go ahead and accept their offer.
All my other complaints have been rejected so I will take those to the FOS as all these loans were given to me around the same time.
I’d also like to say that this site has some great information on it and has helped me so much. Thank you for all the hard work you put into it.
Amy says
So I’ve just received my email stating that they have upheld both my loans!!!
My mum made 1 payment towards the loan for me as she was guarentor which I paid back to her but they want her to contact them to see if she wants a refund…..if she tells them that I paid her back will they proceed with the refund as normal or is it best for her to take the payment that she made and then just give me?
Sara (Debt Camel) says
Excellent! I think it’s probably simpler for her to get the refund and then send it to you.
Lou7 says
Hi all
Just a quick question. Who decides if a complaint can go ahead with loans over 6 years old?
Sara (Debt Camel) says
The Ombudsman. BUT if the lender has no information about the earlier loans, you may need to provide proof of what you paid,
Lou7 says
Thanks Sara. Amigo sent me info from all my loans right back to 2008. I had the credit agreement and the statements. I hope they cooperate soon. Thanks again.
Sara (Debt Camel) says
In this case, I think you should phone FOS up and say you want to speak to a manager and then that you want to make a complaint about the slow progress of your complaint as you have already supplied FOS will all the details of the loans. Say that in view of the excessive delays and your mental health problems you want FOS to reach a decision on the case without waiting any further for Amigo to send over details.
Lou7 says
Hi Sara I think I will give them a ring tomorrow then. After I sent all the info I had the adjudicator came back with this email.
I appreciate what you’re saying, however Amigo have said that we are unable to consider the first four loans because they were more then six years – I am discussing this with them which is why it is taking longer then usual.
I am still no further forward than I was in October. I don’t know what more she needs really.
Michael Lord says
Hi.
I put my complaint in 8 weeks ago so hoping to hear back soon, but it seems everbody’s getting put off longer than 8 week, is this the case for every complaint.
Thanks
Sara (Debt Camel) says
A few seem to be going through on time – or at least people don’t mention that their response has been delayed. but a lot are being told an extra 2 weeks or now 4 weeks. W
When it was 2 weeks I was telling people they may as well wait. Now it’s gone up to 4, I think that is getting ridiculous and people should send the complaint straight to the ombudsman at 8 weeks if they get that answer. If Amigo comes back and uphold your complaint, you just tell FOS it has been settled.
If there are too many complaints, Amigo needs to employ more staff and start handling them faster.
Amy says
Hi Sara,
Just an update re 8% calculations.
I have just been speaking with an investigator from FOS to see if this is something they’d look at.
She did say the method isn’t something they’ve usually seen done but having advised of my case my case she can understand their calculations in terms of the cumulative repayments, and having also spoken to a colleague she explained in layman’s terms that it is based on the fact that the interest repaid on both loan amounts was not more than the amount borrowed, so I didn’t have the benefit of the funds as the principle amount would always have needed to be paid and she felt this was reasonable.
To be honest I still don’t really understand fully the ins and out and what it all means but just wanted to advise for anyone that is in same situation as it doesn’t look like would be a matter for FOS to disagree with.
Andrew says
Hi Sara.
This is grate what you are doing.
I took my first loan with amigo in October (or September) 2015 just after when I lost my job. The first loan was £3500. I have been repaying this until September 2016, where they offers me top up for £7500.
I’m repaying this loan until now – monthly £296. Now I have two years to end this loan but the amount is still around £6500.
Not sure what I can do.
I remember that when I apply they were pushing me to change my answers while processing the affordability checks. I had no job and they even did not checked this. I had other debts which they mot even mentioned while checking my credit score.
Andrew says
I have submitted m complain yesterday with bank statement. Thanks for the template.
I attached to the complain my bank statement, credit report, and also a dismissal letter from work to show that I had no job when i applied for first loan. And also I attached payslip showing my low income on time applying for the to up in 2016.
Not sure if that will help.
This morning they send me a response (the Customer Relations Team):
”Thank you for your email.
Following this, a complaint has been raised so that we can investigate the matters that have been brought to our attention. Whilst your complaint is ongoing, your loan will continue as planned.
We have a maximum of 8 weeks in which to investigate your complaint, and issue a written response to you. However, we will endeavour to reply to you as soon as possible. I’ve acknowledged your DSAR request, please note we have up to 30 days to provide you with the information you’ve requested.
Should you wish to discuss your complaint further during this period, please don’t hesitate to get in touch on xxxx.
I have included a copy of our complaints procedure, for your information.”
Stacy says
Hi,I received my final decision from the Foa, they have wrote to Amigo today to tell them that my 1st loan and 3 tops ups,they have to pay interest back plus 8% plus £500 compensation as to how I was treated,they have until the 16th to reply do amigo normally message me directly after this?
Thank you so much to this group,it has changed my life for the better, happy Christmas everyone
Stacy says
Can I ask has thetw been cases where Amigo disagree with the decision of the adjudicator,
Thanks again
Sara (Debt Camel) says
not recently. Though it is sometimes slow in accepting the decision and there are a couple waiting at the moment.
Stacy says
Great ty, adjudicator has gave them until the 16th dec so fingers
Thanks again
Catherine says
Any one awaiting a complaint to be investigated by Everyday lending ltd,George Banco.Just wondering on response times and if people are hearing in the 8 weeks,only 6 weeks in but imagine it would be extended because of Christmas period.
Had 1 initial loan,then 2 top ups.
Anyone had theirs upheld without going to FOS?
Adrian says
I had a reply from both these companies and it was within a few weeks. They both refused the claims so I’m having to go through FOS
louise allen says
hi sara could you please give me some information please basically i put a complaint into amigo regarding loans being unaffordable i am yet to hear anything about a decision but my dad who is guarantor has received an email today saying he has been removed from the loan? could this mean good news for me
thank you in advance
louise allen says
hi sara could you please give me some information please basically i put a complaint into amigo regarding loans being unaffordable i am yet to hear anything about a decision but my dad who is guarantor has received an email today saying he has been removed from the loan? could this mean good news for me
thank you in advance
Sara (Debt Camel) says
If your dad didn’t make a complaint, then Yes, this sounds like good news for your complaint. fingers crossed for you! How long ago did you complain?
louise allen says
thanks for quick reply it was around the 4th of october
louise allen says
no he didnt make a complaint only me i dont have a clue of what ive paid and lost count on top ups one i paid off in jan 2018 then i took another out
Sara (Debt Camel) says
So you are overdue a response. I suggest you phone them tomorrow if you haven’t had an email first thing.
louise allen says
hi sara i have spoke to amigo and they have partially upheld my complaint for the last 3 but not for the previous do i accept this and take the others to fos? thanks
Sara (Debt Camel) says
Great! But as you say it could possibly be better, so it’s good to think about this not just collapse with relief at what you have been offered.
The simple answer is that you have nothing to lose now by sending your complaint to FOS. Amigo has already released your guarantor, you can immediately set up a lower, really affordable payment arrangement for the current loan so you won’t be under any pressure while your FOS complaint goes through.
(If you have a lot of other problem debts, this might be a good time to set up a debt management plan and put the last Amigo loan into that – then any refund you later get will be able to speed up the DMP payments. If you want to find out if this is a good idea for you, talk to StepChange and explain that the guarantor has been released from your Amigo loan.)
If you can say something about all your borrowing, it would be possible to see what Amigo’s current offer will actually look like and how much more you might get if earlier loans are included. You said earlier you had lost track of how many top-ups you had. All this information should be on the CD Amigo sent you. And you may be able to see it in your online account at Amigo – have you looked there?
louise allen says
my online account only shows the loan from may this year, so am i unable to accept there offer and still go fos for the previous loan or if i accept thats case closed? if i was to take it fos could i end up with nothing? thanks
Sara (Debt Camel) says
They have released your guarantor, right? They can’t go back on that decision! That’s why you can now stop paying the full amount
What FOS usually does when someone says “I was offered a refund on loans 4-6 but I think I should also have a refund on the earlier loans” is start by saying “well both sides agreed 4-6 should be refunded so I will just look at loans 1-3 where there is a dispute”.
The only time someone ends up with nothing is if the lender has said “We don’t agree any of your loans were unaffordable but we are sorry you complained and are prepared to offer you £50 as a goodwill offer.” If you say No, go to FOS who agree that all your loans were affordable you then can’t expect to get the £50 goodwill offer.
I do think it’s worth looking at what the refund you would get now is and how large the possible refunds from the earlier loans might be. HAve you had a look at your CD? You could ask Amigo for a list of your loans – how much borrowed, date, what payments you made to the loans. point out they aren’t on your online account.
louise allen says
hi ive just looked and by what i can find on previous emails is 31/12/16 loan of 1250 monthly payment £128 2/2/17 top up to 5500 monthly payments £227 top up 17/11/17 £7000 monthly payments £296 loan settled jan 2018
feb 2018 new loam given 5000 monthly payment £296 top up 14/5/19 £7750 monthly payments £306 im sure there was one other top up but cannot find this i have asked amigo for a list of my loans, i cant see me getting anything other than some took of my outstanding loan
:(
A a ron says
Just an update on my irresponsible lending complaints and a great big thank you to this website and Sarah.
UK credit-
Amigo-
Bamboo- all rejected my complaint initially, sent it to ombudsman and then they changed their mind and have now upheld my complaint.
Safety net credit – upheld really quickly
Sunny- took their time but upheld in the end
Mr lender- upheld
Moneyboat- upheld
Cashfloat- upheld
118 118money- upheld
Unclebuck- rejected and is with ombudsman
Piggybank- upheld
Received over £8000 in redress for the interest I paid on all the loans. Sent the complaints all at once in January and kept a good record of everything which is helpful when companies are requesting information. It may take some time but to become debt free and actually get some money back it is all well worth it. Sarah you deserve an award! When you’re going through hell just keep going, You’ll get out eventually.
Andrew says
Congratulations :)
How did you complaint to Safety net credit? Can you share any complaint template?
I’ll appreciate any help on this
Thanks,
Andrew
Sara (Debt Camel) says
for Safetynet Credit. use the main payday loan template here https://debtcamel.co.uk/payday-loan-refunds/. They are often one of the easiest complaints to win if you used them for many months as they could see the mess you were in fom your bank statements.
amy says
Hi Sara, I’ve just had am email saying that all my information has been sent in the post today and that I have a password sent separately, once I receive all the info what is my next move please ? Thank you.
Sara (Debt Camel) says
See the “What to do with your personal information (SAR) when you are sent it” section in the article above.
Nikki says
Can you elaborate on what happened regarding your uk credit complaint, From rejecting your complaint to what changed when you referred to the FOS? Thanks
A a ron says
UK credit were awkward to deal with for many months but as soon as the fos requested more information from them I got a letter stating they will be closing my account and refund me the interest and 8% as they didn’t do relevent checks. took about 9 months to get resolved in all.
And yes with for all Compliaints I sent I used the templates for this website (thanks Sarah) and added anything else which was relevent
lee says
hi sara amigo have partially upheld my complaint on my last loans but the one i settled in jan 2018, they have removed my guarantor and after just checking my online account have already removed £5000 off my balance leaving £3700 left to pay i havent received any calculations from them, my question is do i go to the fos about the loans they havebt upheld am i able to do this even though they have upheld other loans? thanks
Sara (Debt Camel) says
How many loans did you have, which have Amigo rejected?
lee says
i have had around 6 with them including top ups they have rejected the ones i paid off previous to the loan outstanding now
Sara (Debt Camel) says
In that case, I think you should definitely send the complaint to FOS. If they had upheld the last 4 and not the first one, you may have decided it wasn’t worth the bother, but anyone who had multiple top ups may have a VERY strong case that the top ups were unaffordable and probably that the first loan was too… or you wouldn’t have needed the first top up!
As they have accepted that the current loan is unaffordable, they should have informed your guarantor that they have been released – can you check with your guarantor this has happened? They should also be prepared to accept lower monthly payments for the remaining balance (which would of course be reduced further if FIS decided more loans are unaffordable). If you have other problem debts, this could be a good time to set up a debt management plan with stepChange and include the Amigo loan in it.
Sara (Debt Camel) says
also see what I wrote this morning to Louise here: https://debtcamel.co.uk/how-to-complain-guarantor-loan/comment-page-15/#comment-330623 who was asking some questions about this situation.
lee says
tcan i do this now or wait until amigo have sent me the information with whats been paid back off the interest? i roughly know what others there were,s so if i send now it will have no affect on what amigo are doing at the moment with loans they’ve agreed on? thanks for your help
Sara (Debt Camel) says
It shouldn’t. But you should get figures from Amigo in a few days, so you may feel safer waiting?
lee says
yes thats true they have updated my online account and the loan has gone down by 4000 so im assuming thats what the outcome is?
Sara (Debt Camel) says
If thye have reduced your balance and relesed your guarantor, then I think it’s now you are safe to go to the Ombudsman. FOS wouldn’t think it was treating you fairly for Amigo to change their mind on the loans they have said are unaffordable.
Andrew says
UK Credit.
I have made a complaint to UK credit today where I have mentioned ”I have struggled with important payments such my rent, utility bills, and the money has taken by UK Credit Limited ahead of these bills. As a result of height monthly payments I have fallen into worse financial situation. All other lenders are now on my credit report as default. I fell into a deep depression and had suicidal thoughts”.
Now they just sent me an email with this:
”Your details have been passed over to me from my colleague Lauren as you have made us aware that you are struggling with your mental health.
We would like to try and support you at what I’m sure is a difficult time, please find attached a debt and mental health form. Once completed please return it to us so we can look to help you.
If you are unable to print the form off please let me know and I will have a copy sent out to you in the post.”
Could you please what that means?
Sara (Debt Camel) says
Can I ask if you are on any medication for depression? It doesn’t matter if the answer is Yes, or No, it just helps to know.
Andrew says
No Im not. Just feeling depressed due all this debts.
Sara (Debt Camel) says
Your case has been passed to someone at UK Credit whose job it is to handle the cases of vulnerable clients. That is what should have happened because of what you told them.
They have asked you for a DMHEF. This is a form used to get information from your GP or a mental health professional.
Lenders are not supposed to just send out a demand for DMHEF without thinking if there are better alternatives. This is what the Money Advice Trust – who provides the DMHEF forms – says:
“Before using the DMHEF, creditors should ask themselves whether evidence actually does need to be collected? This involves considering whether further evidence is really needed to take fair and proportionate action.
If further evidence really is needed, creditors should ask themselves whether alternative evidence is available which could do the same job as the DMHEF? This includes considering whether copies of prescriptions, patient letters, or other materials confirming the customer’s mental health situation, might be used instead.”
Too many high costs lenders seem to send a demand for DMHEF is what can be termed a passive-aggressive fashion – as a way to sound reasonable but actually make life harder for their customers who are complaining. I am not saying this is what UK Credit has done, the fact you referred to suicide may have made them alarmed.
You could simply ignore their request. They will still have to respond to your complaint.
You could reply that the best thing they can do to help you is to get you an answer to your complaint as soon as possible as this will remove the stress of you worrying about money and about your guarantor.
You could reply that you have not yet been able to get to the doctors as you don’t think medication would help you because the cause of your problem is financial.
I hope you don’t mind if I add that talking to your GP could really help? even though the source of your worries is money, your GP may be able to prescribe something that would make it easier to get by.
Stacy says
Hi, satsuma loans demanded 1 of these from me, or they wouldn’t consider mental health as part of my complaint,I got it filled in by my gp, sent it to them,for them to say it didn’t change anything, they did not uphold my complaint. It’s now with adjudicator x
Rachel says
Yes I am i developed fibromyalgia through the trauma of losing my house after taking out an amigo loan I borrow £9250 in the space of 3 1/2 months through sheer desperation i also lost contact with my mum who was my guarantor due to the pressures of not paying on time. I had to sleep on my brothers living room floor with my 8 year old son fir 8 months so I am on alot of meds including anti depressants sorry for the detail just wanted to be honest
Sara (Debt Camel) says
Hi Rachel, what a horrible product guarantor loans are. I hope you get your reply from Amigo very soon. Come back if they don’t uphold all your loans.
Rachel says
Thankyou sara I will let you know what happens I’m 9 weeks in my complaint so hoping to hear soon
Charmaine says
I have just emailed amigo, the above letter.
I originally took a loan out for £5000 in 2012, I paid £192 a month till 2016 when I topped it up to £5500 then I paid £217 till £2018 then I topped up to £7000 and paid £295 then I topped it up to £10000 and now pay 395. How does it work with what they’ll take of existing loan?
Sara (Debt Camel) says
Can you say how many payments you made to each of the loans? And when you took a top up, how much of it did you get in cash – that lets me see how much settled the previous loan.
Charmaine says
1st loan – £5k – I paid 46x 197
I topped up and had £3k roughly back.
2nd loan – £5500 I paid 22×217
I topped up and had £2989 back
3rd loan – £7500 I paid 10×295
I topped up and had 2779 back
4th loan £10000 and have made one payment of 395 and my balance is £10499 as at today.
Sara (Debt Camel) says
On those figures you paid 6562 in interst on loan1,3785 on loan 2, 2671 on loan 3. Thats a total of 13018 if the first trhee loans are all refunded.
If the interest is removed from the last loan you would owe 9605. So that would be paid by the interest on the previous loans and give a refund overall of £3413, plus some 8% interest.
Charmaine says
Brilliant, fingers crossed… once you’ve sent the email should you receive a confirmation email or anything from amigo? As I sent it on the 10th but not received an email back or nothing?
Kalvin says
Hi sara, heard back from Amigo last night and they are upholding all my loans! Over the moon and so much weight has been lifted I honestly cannot thank you enough!
Just been going trough my statements to work out how much I should be expecting from the offer and was wondering if you could shed some light on the situation.
On Feb 18 I took out £3000 and made 3 payments of £146.
In June 18 I took a top up to £4000 and received a payout of £990, I made 3 payments of £195 to this top up.
In Nov 18 I took out another top up to £5000 and received a payout of £990, I made 13 payments of £244 to this and I currently have an remaining balance of £4730 with Amigo so just trying to see if my offer from them will pay off the remainder of the loan or if I will be left with some to pay.
Michael Lord says
Congratulations, would you mind if i asked if they took longer than the 8 weeks ?
Thanks
Kalvin says
No fortunately they asked for additional time but replied in 5 days from that email, I did however send them an email and leave negative feedback on trustpilot as Sara advised.
Sara (Debt Camel) says
What a relief for you!
Are you sure you had a cash payout of £990 for both top ups? that seems like an odd coincidence and it makes the settlement payment to the 2nd loan look a bit too high?
If your figures are all correct, I think you will still be left owing a balance of £785 on the last loan. Your guarantor should have been released and you can now make an arrangement to repay any balance at a lower, more affordable rate. If you have a DMP for your other debts, this Amigo balance can simply be included in that.
Kalvin says
Hi Sara, well it was for 989.50 to be exact I just rounded up for simplicity. My guarantor was indeed removed which was another huge relief as he recently got made redundant at his job ( horrible time of the year for this to happen too) but he was relieved also to hear they had taken him off.
I will most likely include this into my DMP but im also tempted to just keep paying to chunk it off.
Sara (Debt Camel) says
Nooo do stick it in your DMP. this is now the debt you should have less trouble with than any other one – it is interest free, your credit record won’t be hurt and the lender can’t go to court. The other debts in your DMP could be more trouble! So dump the Amigo balance into your DMp and increase your DMP payments a bit.
Amy says
Just thought I’d ask anyone that has received their money from amigo already how long it took for them to pay from the point of finding our your refund amount?
Michael Lord says
Hi i have heard they are quick have you had your outcome sent over now?
Amy says
Hi, ye I received my outcome and the amount to be refunded on monday. I know they say 10 working days but was trying to get an idea of how long others have waited. (Got a big vet bill this week and I need to give them an idea when I can pay it)
Sarah Reid says
Hi
They were really quick – they sent on a Friday and in bank account by the following Tuesday.
Faye says
It took them a week to refund me
Rachel says
Hi Sara
I have emailed Amigo about the complaint as it’s been over 9 weeks. They replied with apologises and still investigating they also offered to send me a questionnaire as I mentioned some of my health conditions. Should I fill it in and send it back?
Sara (Debt Camel) says
what sort of questionnaire is this? Is it a Debt and Mental Health Evidence Form?
Rachel says
Hi Sara this is what they said about the form……….With your permission, I could send you a questionnaire that will help us to assess your situation and work out the best way we would be able to support you. This is entirely voluntary and you do not have to disclose any information that you do not wish to. Please let me know if you would like me to send this to you.
Sara (Debt Camel) says
Well it’s hard to guess what it is. You could reply that you don’t really want to fill out another form, and the best way they can support you is to reply to your complaint as this is very stressful for you. Add that you will look at the form if they reject your complaint.
Rachel says
Ok thanks Sara I will do
Gavin says
Hi, I recieved an email from Amigo asking for more time, the immediately after recieved this.
Good Afternoon,
I have sent your Data Subject Access Request for yourself in the post today.
All calls and documents have been included on the CD. Due to data protection this CD has been password encrypted. I have sent this message to your primary email address and primary mobile number with the password to unlock the CD.
Password : Amigo9073
If you have any issues then please contact me on 01202 629 161.
Thanks
Cal@Amigo
Do I need to reply or will they be in touch again?
Thanks in advance
Gavin
Sara (Debt Camel) says
Is this now 4 weeks or 8 weeks from when you complained?
Gavin says
Hi Sara,
Sorry this is around four weeks. They’ve asked for a further 8 weeks.
Sara (Debt Camel) says
I suggest you reply you will be sending the case to the ombudsman at 8 weeks if they have not given you a response.
Alex Adams says
Hi Everyone – Really wanted to share my refund success with you all. Today i received £5,777.53 from Amigo Loans!
Earlier in the year i had gone through the process with both Amigo & Guarantor My loan. Both rejected the claim as expected so i went on to the FOS. Strangely initially the FOS agreed with Amigo! and said case closed. I wrote politely back (happy to share the email) and accepted the decision whilst also questioning the process these companies go though in checking affordability – suggesting that they should have made a simple scan of my bank statements in the months leading up to the lending.
The FOS agreed with me and asked for the statements. Amigo then had to reopen the case and have paid all interest and 8% in full!
Working on reopening the GML now – but very confident for a similar result.
My advice for anyone opening a claim is look at your statements prior to the months you were lent to. If like me there is more going out every month than is coming in. pretty simple decison.
Andrew says
congratulation :)
Can you share what was the loan amount from amigo and how long and how much you have pay this?
Alex Adams says
3 loans with amigo in total. all of which paid off.
August 2013 – £5,000 (settled May 14)
October 2014 – £5,000 (settled Jan 16)
March 2016 £ 5,000 (settled June 16)
Initial contact with Amigo for claim was February 2019
Lou7 says
Hi Sara,
What does a jurisdiction assessment mean? My adjudicator said that’s what they will look in to because amigo won’t consent to her looking at them.
Sara (Debt Camel) says
FOS rules say they can investigate any complaint within 6 years OR if the customer complains within 3 years of finding out they could. (I am simplifying here, those aren’t the exact words.)
If a lender says it’s more than 6 years so they don’t agree for FOS to look at the older loans then FOS has to make a formal decision on whether it has the right – known as the jurisdiction – to look at the case.
Lillie says
Hi Sara,
I submitted a complaint to Amigo in October and on the last day of the 8 week deadline I got an email saying the need another 2 weeks. Tuesday was the last day of the 2 week deadline and I heard nothing from them. I emailed them to ask for an update and I got a copy and paste email saying they’ll get back to me when they have come to a decision.
I don’t know what to do now as they have had over 10 weeks and are not giving me any idea of how much longer it will take. Should I take this to FOS?
A says
They have done the exact same thing to me! My extra two weeks is up today and they have ignored my emails asking what is happening. Really fed up of them after seeing so many people getting a result without having to go to the ombudesman. But I think it annoys me even more though with the fact if your one second late on a payment to them they harass and chase you and your guarantor for it!! 10 weeks to answer a complaint is a joke!
Stacy says
Hi I’m struggling to work this out
1st loan £2000
Paid 2 x £123.63
Top up 1 £5,500
Recieved £3,611,85
Paid 3x £268,34
Top up 2 £6,750
Recieved £1,645,29
Paid 4 x £288,73
Top up 3 £8,500
Recieved £1,289,59
Paid 20 x £335,96
Any help would be great
Thank you
Sara (Debt Camel) says
Ona rough calculation ignoring pennies. You made a small number of payments to the first three loans so by settling them early you didn’t pay much interest:
loan 1 135
loan 2 394
loan 3 1613
That adds up to a refund of £2142 on those three loans.
The last loan so far you have paid £1800 less than you borrowed. So £1800 of the refund on the first three loans is used to clear the remaining balance on your first loan and you should get c. £342 as a cash refund. Plus a very small amount of 8% interest.
Stacy says
Thank you very much
That’s fantastic hopefully Amigo will agree with adjudicator decision
X
Stacy says
Hi had my final figures from amigo, I got £598 back, all loans cleared,I’m over the moon,thank you so much for all your help, hopefully more people get there loans cleared.
Happy Christmas everyone
Catherine says
Hi Sara,So you know if you can email a complaint to the FOS as I’ve tried well over 20 times to send complaint using online form and keep getting internal error 500 and the FOS haven’t responded when I’ve emailed about the online issue.
Thanks
Sara (Debt Camel) says
I suggest you phone them
Catherine says
What’s the difference between a investigator,case handler and adjudicator?
The FOS mentions case handlers but I’ve had a email from the person I spoke to on the phone and it says investigator under her name?
I’ve tried searching online and read the complaints process on the FOS site but I’m a little confused.
Sara (Debt Camel) says
Same job, different titles.
Catherine says
Thanks Sara,I did as advised and rang the FOS,spoke with a investigator who set my complaint up over the phone as she said it’s quicker that way anyway and already got a case ref and she has confirmed she has emailed the business this evening and given them to Jan 16th to send info across.
She also said any other cases I have to email her directly and she will set the cases up for me and investigate.
Apparently if you complain using the online form it goes through to a huge mailbox at the customer services,who then have to sort and send to correct department to then join another list to get allocated.
I never thought to ring up but definitely the best way.
Thank you
Aden says
Hi Sara
Trust two today upheld my complaint which is fantastic news, the only thing with all of these uphelds they do not confirm if my guarantor has been removed even though I ask and mention it in my initial complaint – if mentioned in my complaint and it’s upheld does that mean they would remove my guarantor ?.
I have now had my complaint upheld from :
Bamboo £2,200 guarantor removed
Buddy loans £2500 guarantor only removed if they complain.
Trust Two £4650 – guarantor not confirmed if removed or not.
Claims not upheld :
UK Credit £3000 – will pass to FOS as they don’t have a ‘two tier’ complaint system which is rubbish! Now chasing me and my guantor for arrears.
Claim waiting for response : 4 week delay
Amigo £10,000
Great news so far it’s just UK credit being difficult which even when I called they stuck to their final response even when I asked for it to atleast he reviewed by a manager or someone else atleast.
With Trust Two again an email to them after their initial letter saying complaint not upheld with a further statement enabled them to emailed me back within 3 days saying complaint upheld.
Amigo will probably take their time but I hope to hear back before Christmas from them.
Thanks Sara honestly thankyou !!
Sara (Debt Camel) says
Has your guarantor for the Buddy Loans one now complained? This is VERY easy now they have agreed your loan is unaffordable, see the template letter for guarantors here: https://debtcamel.co.uk/amigo-complaints-by-guarantor/.
amy says
Hi Sara , I put my complaint into Amigo a few weeks ago but with all the comments about the delay would you recommend just waiting to hear or going straight to the Ombudsman? I have all the bank statements needed going right back to 2008 but have not sent anything as of yet as I haven’t heard from anyone as to what to do next. I don’t want it being delayed any longer than it already will. Thanks again for you help :)
Sara (Debt Camel) says
Send your bank statements to Amigo now.
Then send the complaint to the Financial Ombudsmen at 8 weeks – you can’t send it before then.
Clara bella says
Hi
I have recently received a loan of £1500 and due to make my first payment of £154 on the 15th, Iam currently off work due to anxiety and stress and as of the 27th nov my monthly income has went down half due to length of time off sick,, now my circumstances have changed Iam unsure if I can make repayments along with other debts, Currently trying to stop wages arrestment for council tax, hoping to reduce payment amount or clear interest, do I have to make a few payments before they would consider this, thanks for reading
Sara (Debt Camel) says
when did you apply for the loan? Were you off sick at that point?
what is your guarantor’s financial situation?
Can you give some details about your other debts?
Clarabella says
I applied for the loan start of November, yes I have been off since August, guarantors financial situation is not good enough to cover my non payment, my friend who thought they were helping me due to my anxieties about Xmas and debts
I have been paying council tax arrears through wages arrestment and agreements for the last 3 years or so, maybe more,,I have cleared nearly 9 years worth, along with my husband, who is still paying this years council tax at £53 a week but who recently finds himself out of work, last pay being last week! I get paid tomorrow and will pay this weeks amount but also into 2nd month of paying back for last years council tax, which is with alex m Adam son who will instruct earnings arrestment if not paid,,,I have paid £100 towards £1200 debt, hoping council can give me a payment break??
Sara (Debt Camel) says
Were Amigo aware that you were off work sick when you took the loan?
Do you have any other debts apart from the Amigo loan and the council tax arrears?
If your guarantor couldn’t afford to make the payments, I suggest that you tell them what a bad situation you are in and say they could put in a complaint and ask to be removed as the guarantor. There is a separate page for complaints by guarantors here: https://debtcamel.co.uk/amigo-complaints-by-guarantor/. This would take a lot of press off you, it would turn this into any other loan.
Clara Bella says
Hi Sara,
no I did not make amigo aware of being off work,,
I have old debts that I have ignored through the years, phone contract being the latest one from last year, I just bury my head in the sand and hope they will go away, I have two catalogues and recently got a MasterCard credit card, one that I pay £8 a month to help my credit, that is at full limit of £220. Managed to pay with no trouble,
I will pass this information on to my guarantor and hopefully she will follow it through, not very confident with dealing with things like this, and what do you mean but becoming another loan??
Thank you
Sara (Debt Camel) says
At the moment guarantor loans are very difficult because if you can’t afford to pay it, they go after your friend. If your friend can be removed as guarantor because Amigo didn’t check properly that she could pay it, then your Amigo loan turns into just a standard loan and you could offer Amigo a lower payment until you are back in work.
I don’t know if you are likely to win a complaint yourself. The question is whether Amigo should have realised that you couldn’t afford it at the point you applied. Did they ask if you had council tax arrears? Perhaps if they had asked, they wouldn’t have given you the loan.
Council tax arrears are priority debts. I think you should be considering if you can afford to make any payments to your catalogues and that small credit car debt in your current difficult situation.
Clarabella says
Hi
Ok, will try getting guarantor removed that will certainly give me peace of
Mind,, I will try and just pay loan as it stands just now, have read very negative comments with regards to interest and extended payments when you reduce or change payments, will phone council tax tomorrow and try reduce my council tax arrears until I return to work.
Thank you for all your advice x
Sara (Debt Camel) says
I think you should take some debt advice about your council tax. Phone National Debtline on 0808 808 4000.
Amy says
Ok I will do that straight away , thank you.
I have all paper statements as it’s quite alot over the years, and an old bank account that I no longer use, silly question but is it best to send via post or some way try to attach to an email?
Sara (Debt Camel) says
You only need to send 3 months before each loan or top up, not all of them. If you can get them scanned in or take good photos, you can send them by email, which is best.
Charlotte says
Hiya.
I complained with amigo on November 1st. My payments are£489 per month. Today is payment day and I can’t afford to pay it. My guarantor can’t either. Is there anything I can do about this? I’ve already lost my home three months ago as I was in rent arrears. I’m literally at my wits end with worry. Any advice would be greatly appreciated.
Sara (Debt Camel) says
Well done for sending a complaint in, this waiting period for a response can be very stressful.
You borrowed something like £10,000 over 3 years? Was this your first loan from Amigo or was it a top up? When did you take the loan out?
If you can’t pay it, then you can’t pay it. Talk to your guarantor, tell them that you have complained and if you win your complaint, they will be removed as the guarantor. That may help to reassure them that you are doing your best to sort this out.
If you know you guarantor can’t pay that amount – and £489 a month is a HUGE amount for someone to pay out of their income, even if they are pretty well off! – then they may also be able to complaint that the loan is unaffordable for them. There is a separate template letter on this other page for guarantors here https://debtcamel.co.uk/amigo-complaints-by-guarantor/. They could put in a complaint now – if they do that Amigo can’t take them to court until their complaint has finished, including at the Ombudsman that could take many months. So they should do this not stretch to pay something they can afford and have to borrow more themself or get behind with their bills.
Amy says
Hi Sara,
Just about to respond to Amigo so thought would just quickly make sure there isn’t anything else we are aware of re this interest malarkey like any different outcome if had gone FOS route? I don’t think I’ve seen anything other than a post other day which looked to be the same query re the calculations. Obviously from my discussion with the investigator there was nothing to suggest there could be any change to how they’re going to operate around this, and again certainly not ungrateful for the offer I’ve had, but just want to make triple sure before I hand over bank details and bring things to a close:)
Paul says
Hi Sara
1plus1 loans
The FOS adjudicator ruled in my favour my loan was unaffordable and to refund all interest on the loan & 8% interest. 1plus1 accepted this.
The loan was £3000 over 24 payments
i made 14 payments & my guarantor made 10 payments. i sent my guarantor the money for all 10 payments each month. in total £4800 was paid back.
1plus1 have sent me a statement of account to close the complaint stating
Capital Sum Loaned to you: 3000.00
Total Payments made by you: 2708.80
Refund Due: 0.00
8% Simple Interest on the Refund Due Amount: 0.00
i then went back to the adjudicator as per your advice “say this is not fair. Point out that your guarantor can put ina complaint saying they should never have been accepted as guarantor because the loan was unaffordable for you and so it should never have been given.
Paul says
The adjudicator has come back with the following.
I’ve reviewed the offer again and with a better understanding of what they’ve suggested, I’m in agreement with how they’ve proposed to settle your complaint. Let me explain why.
As the complainant, they’ve agreed to refund all payments that you’ve made. As these repayments do not exceed the principal amount of the loan then there would be no refund to be repaid.
I appreciate that you’ve said that the guarantor made payments on your behalf as you had given them the cash, so you could avoid card charges. However, as we can’t prove this and the guarantor hasn’t made a complaint, I can’t ask 1plus1 to refund these payments. So unfortunately, their offer is accurate.
What would you advise here? its taken 18months to get to this stage already. shouldn’t the whole loan be refunded? has anybody had experience of their guarantor not being refunded? im at a total loss now. any help appreciated
Natalie says
Hi Paul , this is very interesting. I’m in the opposite position where amigo have refunded my Guarantor their payment which has increased the loan balance.
I’m still waiting on my adjudicator to reach a decision as I dong feel it is fair.
Sara (Debt Camel) says
So when 1plus1 says “Total Payments made by you: 2708.80” that is the correct figure for the payments you made but it doesn’t take account of the payments your guarantor made?
Can I ask if 1plus1 actually asked the guarantor to make the payments? Or did you sort all this lot out and so far as 1plus1 knew the payments could have been coming from you?
Paul says
correct £2708 was what i paid but does not take into account what my guarantor paid. in total £4800 was paid back to them.
1plus1 would ask my guarantor to make this payment if i missed it or was late. he would do a bank transfer and then i would transfer to him or pay cash, therefore payment would have appeared in his name.
is the only way to get my guarantor to complain too? which would mean another 18 months waiting?
I really think its wrong that even though they accept the loan was unaffordable to me, they are still over £1800 in profit from this loan
Sara (Debt Camel) says
Amigo always automatically refund the guarantor in these situations.
You can ask this to go to an ombudsman for a final decision. The Ombudsman may agree that as the loan was unaffordable, the payments the guarantor made should be refunded to them. But also tell your guarantor to put in a complaint! They can simply say they want their payments to be refunded as the loan was unaffordable for you and so 1plus1 should never have given it. Give them a copy of your adjudicator decision and they can attach that as “proof”. That may get this sorted in a few weeks I hope.
vicky says
hi sara
i have had my decision today from amigo they have partially upheld my complaint im very happy about this as i was really struggling with the payments was just wondering what is the lowest i can offer them on paying the remaining balance thank you
Sara (Debt Camel) says
How many loans did you have?
Which have Amigo agreed to refund?
You may be very relieved Amogo have agree the current loan is unaffordable, but perhaps they are trying to get away without paying a refund on some of the previous loans?
If you can give details about the loans (what you borrowed, how many payments you made and how large they were, if you had a top up loan, what you actually received in cash) then I could say something about what your balance is likely to be reduced to AND what you might get back if you ask the ombudsman to look at the earlier loans Amigo haven’t offered to refund.
If you ask the ombudsman to look at the previous loans, Amigo can’t withdraw they offer to reduce the balance on the current one.
Gemma says
Hi
I have put a complaint in to Amigo Loans for mine and my partners loans. Their 8 weeks will be up 20th December (partners) and 24th December (mine). Will we likely hear anything before Christmas?
Sara (Debt Camel) says
Very unlikely yiu will hear before the 8 week point and often Amigo seem to be asking for more time then. Who are the guarantors for your loans? What other debts do you have?
Emma says
Hi Gemma, after the 8 weeks Amigo asked for an additional 2 weeks that was up yesterday I heard nothing. I called and was told that someone had been in my file for the first time yesterday but I probably wouldn’t hear anything until the end of next week… couldn’t tell me anything else… I’ll wait til next week if not I’ll send to the Ombudsman as Sara has been advising
Michael Lord says
Hi gemma
My 8 weeks was up on thursday and i got an email asking me for another 4 weeks. Seems to be the norm for everyone with all the complaints they have had
Danielle says
Same with mine, it took 11 weeks exactly then had the calculations through after 11 weeks and 2 days. My balance on my online account was also updated after 11 weeks 2 days. Amigo have said it will take a further 8-10 days for the refund to reach my guarantors bank account. Also, they havent automatically sent my guarantor confirmation that his liability has been removed, so he’s had to email them separately for that. Overall it has been very frustrating but worth the wait!
Emma says
Danielle, how come they are sending your refund to the Guarantor?
Danielle says
My guarantor made payments to my loan, so Amigo asked whether he wanted them refunded to him. Sara said this would be easier, so that is what we did.
Amy says
Do all refunds go to the guarantors? My guarantor has never made a payment on any of my accounts all payments have been made by myself.
Michael Lord says
No not if they have never had to pay
Amy says
Ok thank you, my guarantor is elderly and recently been diagnosed with a brain tumour, she wants no hassle or letters , do you know if amigo will be contacting guarantors for any information as she really doesn’t want any worries etc
Sara (Debt Camel) says
Your guarantor should not be contacted about the complaint so long as you are carrying on making the payments.
A guarantor only gets a refund for any amounts they have paid. If they haven’t paid anything and you get a refund (or your balance reduced) then your guarantor should just get told that they have been released from being the guarantor on the loan.
steve says
hi sara amigo have patially upheld my complaint but there was no mention of my guarantor being removed do they have to do this too if my complaint was partially accepted thank you in advance
Sara (Debt Camel) says
How many loans did you have and which have they upheld?
steve says
i had 6 they have upheld loans 2 5 and 6 thanks
Sara (Debt Camel) says
I assume Amigo are saying there is still a balance to be paid after the refund on loans 2, 5 and removing interest on 6.
Amigo should release the guarantor from this last loan. There isn’t normally a problem about them doing this, but if they haven’t contacted your guarantor yet (have you asked?) then go back to Amigo and say you want your guarantor released and for them to agree a lower, more affordable payment.
You must be pleased Amigo has upheld some of your loans – but they may be trying to get away without paying a refund on some of the other loans that were also unaffordable?
You can send your complaint to the Financial Ombudsman and say you think more loans should be refunded.
If you can give details about all your loan 6 loans (amount borrowed, if this was a top-up loan, how much cash you actually got, how many payments you made and how large they were) then I could say something about what your balance is likely to be reduced to AND what you could get back if the ombudsman decideds that other loans should also be refunded.
If you ask the ombudsman to look at the previous loans, Amigo can’t withdraw their offer to reduce the balance on the current one.
robin says
Amigo only accepted my complaint about the first and final loans which were both relatively short.
They deemed they would refund the guarantor as they had made quite a few repayments, this then put over £4k worth of debt back onto me and as someone who already cant afford existing debts this really doesnt help.
They then without telling me reinstated the DD and sent me £160 overdrawn….
I said this wasnt right and they didnt seem to care and said we havnt heard from the ombudsmen so its reasonable to expect you to make repayments in line with your agreement.
I called the ombudsmen as its been 2 months and they said they havnt picked the case up as they are busy and they are also looking at there approach reagrding these complaints…is this somehting to be concerned about?
Robin
Sara (Debt Camel) says
So your guarantor has been released from the last loan I assume.
What do Amigo say your current balance is?
Can you say sone more about your current financial situation. how large your other non Amigo debts are? Are you behind with them? Do you have any priority debts? Mortgage/rent arrears, council tax arrears, utility arrears?
I think FOS are looking at the general problem of large refunds going to the guarantor.
But you have two different issues, first the refund to the guarantor and second the fact your other loans were not included in the refund.
I assume you have now cancelled the DD?
Have you sent your complaint about the other loans to FOS, or just complained about the way they have handled the refund?
Can you Give details of your borrowing from Amigo. For all loans and top ups
– How large was the loan
– if this was a top up, how much were you paid in cash?
– how much did you pay to the loan in monthly payments?
– how much did your guarantor pay, if anything?
Ignore all Amigos interest calculations. Just concentrate on cash movements.
[edited to correct a large number of typos – sorry!]
robin says
I dont think i clicked post on my reply
Sara (Debt Camel) says
I can’t see any reply from you – could you have another go at answering my questions?
afaq tariq says
Hi i have got a slight issue here i am making my complaint with tfs and they have asked me to provide additional information. Now my gambling transactions are in my natwest account and the direct debit tfs takes is from barclays. Do you think that is going to be an issue or should be fine?
Sara (Debt Camel) says
Send them both sets of bank statements.
Charmaine says
I have received the following response from amigo, what happens next? –
Thank you for your email, I’m sorry to hear you’re unhappy with your loans.
Due to what you’ve advised, I have raised a complaint on your behalf. Our Customer Relations Team will be in touch within 3 – 5 working days.
I’ve also raised your subject access request and passed this to the relevant team. Please be aware that we have up to 30 days to send you this information.
Should you have any questions in the meantime, please feel free to reply to this email.
Sara (Debt Camel) says
Nothing much happens for a while. Your £395 a month payments (ouch!) will continue as normal (assuming you want to carry on making these? what is your gaurantor’s situation?). You will get the SAR info on a CD after a few weeks. At the end of 8 weeks you should get a response to your complaint.
Charmaine says
Okay. What do the customer relations team contact me regarding? I’m fine to make payments. As don’t want to fall behind and then ask my guarantor. Do I have to do anything else?
Sara (Debt Camel) says
No idea. Just say you know you have to make the payments as you don’t want your guarantor to have to make them. If they say they want to help, reply that the best way is to get you a speedy answer to your complaint.
Michael Lord says
The customer relations team are the people who look at the complaint, its a standard response after sending your complaint
Mark says
I got my reply from TFS after they stalled for a week. They havent upheld my complaint even after sending in 3 months worth of bank statements before the top up loan was agreed with my son. I’m waiting for the post to read the full reasons. Already have it with the FOS.
Sara (Debt Camel) says
Can you say what the rest of your financial situation is like? Do you have other debts? Before you said you had mental and physical health problems – are you working? Are you buying or renting?
Mark says
Starting to struggle, I’m self employed so work is dependant on my health which Is not hood at the moment. I am paying my mortgage, my second mortgage was defaulted prior to being a guarantor for this loan.
Sara (Debt Camel) says
I think you shouldn’t be paying anything to this TFS loan if you have mortgage or secured loan arrears. They are priority debts and this TFS loan isn’t – to you, the guarantor, it is just an unsecured loan, no reason to give this priority.
TFS can’t start any court action against you while you have a complaint at FOS. (I am assuming they don’t already have a CCJ here as you haven’t mentioned that.)
If you have other unsecured debts, credit cards, loans, overdraft. then this could be a good time to look at a debt management plan for all of them – you could talk to StepChange about this. This is best done before you get more behind with mortgage and secured loans, not waiting until you are desperate.
Syed n says
Hi Sara,
It been 8 weeks today put a compliant to amigo loans. I emailed them today reply I got was from them.
Good Afternoon Syed,
Thank you for your email. I apologise for us not being able to resolve this for you sooner and, rest assured, we are working to have our final response sent to you as soon as possible.
We appreciate your patience in this
What should I do guys an update please
Sara (Debt Camel) says
oh! they normally ask for 2 or 4 weeks extra. But that doesn’t. How about (and I am just suggesting this, no idea if it will work) saying the complaint goes to FOS on Monday if you haven’t had a response by then.
Stacy says
Hi,update, great news amigo have agreed with adjudicator and will payout what he has advised, just waiting to hear from amigo now to see what happens next.
Thank you so much to this group
Bradley Hall says
Hi Sarah love the site and what you do to help everyone here.
8 weeks ago today I put in my complaint following all of your steps, (Thank you) as I have seen lots of people have been getting emails asking for more time from amigo I thought I would call them up last week to ask for an update on my complaint. The man I spoke to said he would email the complaints department and text me back when they reply.
The same day I got a text basically saying that I would receive an update on my complaint by the 16th Dec or sooner, Today is now the 16th Dec and I have had nothing from them even though this is the 8 week mark for them.
What should I now do?
Sara (Debt Camel) says
I suggest phoning them up tomorrow. Also see my reply to Syed above.
Syed N says
Hi Sara,
They replied 4 more weeks with outcome.
What will you suggest to do now ?
Sara (Debt Camel) says
In that case I suggest you send it to FOS straight away. Waiting 4 weeks is ridiculous. Amigo should continue to assess your complaint and if they uphold it, you can just tell FOS your case is settled.
Syed n says
Hi Sara
I have raised the complaint online yesterday and spoken to them today. There have back lot of complaints which could take few months. I will update with any news.
Thanks
Syed n says
Hi Sara,
I been unwell and being in depression due to this loan and I had Asthma attack last week due to stress and depression I took 1 week of work and I got a note from doctor should I email amigo with what I wrote to you ?
Thanks
Paul Wakeman says
Hi, After some advice please. I have received an EMail from my Adjudicator this evening and she has upheld the 2 loans that I had with Amigo.
The loan amounts and dates were August 2016 – £1,000 and October 2016 – £5,500.
The Adjudicator has stated/recommended the following: “To add up the total amount of money Mr Wakeman received as a result of having been given these loans. The repayments Mr Wakeman made should be deducted from this amount.” (Both loans have been repaid in full and since October 2016 – November 2019 I was paying £268.34 per month which equates to 36 months at £268.34 which equals £9,660.24 and 1 payment of £103.06 so the total amount paid back was £9,763.30 which gives me a figure of £3,263.30 paid on top of the amounts loaned).
“If this results in Mr Wakeman having paid more than he received, then any overpayments should be refunded along with 8% simple interest (calculated from the date the overpayments were made until the date of settlement)”
The wording of the above sentence has confused me as I am aware that 8% interest normally gets refunded for each year the loan has been active along with any complaint so in this case 2016, 2017, 2018 & 2019. However, with what the Adjudicator has stated, does this mean I will only receive interest from when the principle balances were cleared or should I still received 32% (possibly 40% if Amigo don’t settle this year) on top of the overpayments made as both loans were taken out in 2016?
Many Thanks
Sara (Debt Camel) says
“8% interest normally gets refunded for each year the loan has been active “
No it doesn’t. The 8% interest is applied against the dates the payments were made, not against the date the loan was taken out. For payday loans there isn’t much difference, but for longer-term loans you would never get 8% calculated from the start date of a loan. If the loan is 3 years old and you have just repaid it, you would get about 12% interest.
But Amigo use a more restricted definition than most lenders do and as you have worked out, you are likely to only receive interest from the date the principle balance was repaid which in your case sounds like about 8% interest to me.
Paul Wakeman says
That’s great thanks, has made it clearer now.
olivia says
hi sara
my guarantor no longer speaks with me .if succesful where does the refund go to .my guarantor paid some payments me others but i repaid the guarantor direct when i could.how does repayment work when both parties have sorted out their payments themselves after a payment
Sara (Debt Camel) says
There are some cases at FOS at the moment with this sort of problem.
Can you say some more about your loans – it may be possible to see if this is a minor issue for you or a major one and what options you have.
How many loans have you had? Which of these loans did you guarantor make any payments on?
Do you have a current loan outstanding? If you do, how much did you borrow? What payments to it have you made? what payments to it has your guarantor made?
olivia says
hello and thanks
the situation is we no longer speak and we agreed to contra privately from past experiances where i bailed him out .however we no longer speak due to his newwife not knwoign the full storey of how i invested in him and him not wanting to upset the apple cart.
if they pay him back i will find it impossible to get my life back on track given i currently suffer from mh
he did pay some payments but i also paid him back .it will be a real bind trying to get the money back from him
olivia says
just had the one loan that was repaid approx 6250.had it for 3 years with interest paid between us totalling about 5k
Sara (Debt Camel) says
Can you add up the total payments you made to it?
aa says
Hi Sara,
i had a amigo loan refund and they upheld all 7 loans. this meant that my 13,000 balance went down to 1733.00 however it was a struggle with miscalculations. various emails and spreadsheets they missed out over 5k off my first refund and then a further 2k off the second refund. after having to go back to the fos about this they finally refunded what i was owed however it didnt stop there. my credit file was still in arrears for 6 months and even now my loan balance is 1300.00 however they reported on my credit file this was still 13k having raised 2 disputes they firstly said that no changes should be made to my credit file and the second is still on going. the other loans have not be taken off my credit file and the current is still up to date on payment terms but not balance. i didnt pay them this month out of principal and they have not contacted me or my guarantor about the missed payment. im still awaiting records to be updated so good luck anyone who deals with them.
Sara (Debt Camel) says
Your guarantor should have been released from the contract. If they haven’t been, tell them to put in a complaint!
The team that sorts out the refunds seems to be wrestling with a poor system which makes it difficult for them to see what is happening. But this is made much worse by the way they don’t really read what people are saying when they point out errors or ask questions.
Borrower – why aren’t I being refunded for the CHAPS and broker fees?
Amigo – you didn’t pay any
Borrower – there is a CHAPS fee on loan one and a broker fee on loan 2
Amigo – here is a revised calculation with the broker fee
Borrower – what about the CHAPS fee? and the 8% on them?
Amigo – here is a revised calculation with the CHAPS fee included
Borrower – why hasn’t the 8% changed?
Amigo – here is a revised 8% calculation
This took a couple of weeks. A complete waste of everybody’s time.
Sara (Debt Camel) says
Amigo needs to develop a simple report to send to a borrower detailing how the refund has been calculated, one line per loan showing:
– date borrowed, amount borrowed, cash paid to borrower, amount paid during the loan, amount paid to settle the loan, interest and charges paid on the loan, 8% interest on on loan if any.
Just giving one line and telling people to reconcile it with the online account statements is unfair to customers.
Their online statements are poorly laid out. Who ever decided to put them in reverse date order should be shot! No CR or DB against entries. They are unwieldy to use if you can print them all out, but for anyone managing on a mobile they are useless.
Sara (Debt Camel) says
re your credit file:
The balance should be amended. The current one is not accurate and gives a misleading picture of your finances. If they don’t sort this within 8 weeks from the dispute, send the complaint to FOS!
Did FOS say all the loans should be deleted from your credit record? Often they only say to remove negative marks?
aa says
Hi Sara,
Please see below.
I realise that Amigo have also acknowledged that they could’ve done more, and I agree with them. However they haven’t put forth a suggestion on what they should do to put things right for the consumer. Therefore I will be recommending Amigo do that following:
– Refund all interest and charges that Miss A paid all loans
– Pay interest of 8% simple a year on all refunds from the date of payment to the date of settlement*;
– Remove any negative information about all loans from Miss A credit file.
aa says
Thank you for your email.
We confirmed with Equifax on 6/11/19 what the exact balance is. You will need to contact Equifax to confirm they have updated your credit file accordingly.
Kind Regards
Alasdair Brownsword
Customer Relations Team
Amigo Loans please note this is still ot fixed and the balance remains the arrears have gone but yes very frustrating.
Sara (Debt Camel) says
ok, I don’t know what report you are looking at but if it is not directly from Equifax, I suggest you get a copy of your statutory credit report, see https://www.equifax.co.uk/Products/credit/statutory-report.html, this is free and gives the realtime information – some other reports are delayed.
If that still shows the balance as wrong then it’s up to you. You can go back to Amigo and insist it’s up to them to fix this or you go to FOS with a new complaint about it, or you could put in a complaint to Equifax, who will then raise it with Amigo. I have no idea which is likely to work faster.
Sara (Debt Camel) says
That looks like a pretty standard FOS award.
It says that negative infomration should be removed from your credit record, not that the loans themselves should be deleted. Unless there are any late payment or defaults on the earlier loans, there is no reason to change them or delete them.
But, as I said, I think Amigo should correct the balance outstanding as it is misleading to other potential lenders.
aa says
Thats what ive been screaming about since july however this has still not been amended but yet they said they have and to wait 6 weeks for this to be reflected in my credit file. if this is not updated by jan i will send this to the FOS.
louise says
hi sara going back to my recent posts regarding amigo partially uphelding my loans and releasing my guarantor i just have one last question about offering them a lower repayment as my payment is £306 per month i cannot afford that as im having to clear rent and council tax arrears, can i offer them say £50 a month and do they have to accept what i offer them? thank you in advance
Sara (Debt Camel) says
Yes you can offer them a lower amount – and if you have rent and CT arrears these are priority debts! So you should be paying less to your other debts to clear the arrears. But do you have other consumer debts as well – credit cards, loans, catalogues, overdraft?
James says
Hi,
Is it 8 weeks from the date I sent the email or 8 weeks from their response?
Sara (Debt Camel) says
You should have a response within 8 weeks from sending the email.
As soon as you have the response, you can send the complaint to FOS if the response is a rejection or a partial uphold you don’t think is good enough (see the article I have just written on partial upholds: https://debtcamel.co.uk/amigo-partial-refund/).
If you haven’t had a response within 8 weeks, phone up and ask the lender when you are going to get it. If the answer is a couple of days, it’s worth waiting for before going to FOS.
James says
OK thanks very much
Today is the 8 week mark.
I will give it today and if I hear nothing I will phone tomorrow.
Do I just phone their normal number?
Sara (Debt Camel) says
yes.
Rachel says
Hi
Well it’s been 10 weeks today since I put my complaint in to amigo loans not had an answer yet and unsure what to do now?
Sara (Debt Camel) says
Phone them up and ask when you are getting a response. If they are vague, say you will be sending it to the Ombudsman on Monday if you haven’t had a reply by then.
Rachel says
Hi sara
Spoke to amigo yesterday they told me I would get a final response by end of business today. I called them and now there saying i would unlikely get a final response today. I’m over the edge with it now I dont know what to do 😞
Michael Lord says
How long have you been waiting now ?
Rachel says
Its 10 weeks today
Emma says
Same with me… 10 weeks was up on Friday… called them and they said it would be another week (payment team passed on the message) I’m not very hopeful haven’t had any update from them at all!
Jordan says
Hello,
I put my complaint to Amigo and my guarantor did on the 7th November, I have received the standard email saying we are looking into your complaint and yesterday I received the CD.
Now i advised them I would be slightly late on this months payment and they agreed to give me breathing space, then took the payment from guarantor the next day! I didn’t think they could action anything if my guarantor had put a complaint in on the same day as me? Anyone else had this??
Sara (Debt Camel) says
Before you complained, had your guarantor had to make any payments?
Jordan says
No none. I always made the payments have done for the past 3 years it’s been a struggle but always made payments, today they have sent me an income and expenditure form to complete? Is this a thing they do?
Stacy says
I’m waiting on amigo sending me figures for refund just checked my online amigo account and it’s been wiped clear, just say apply for 10,000 now, nothing else apart from my contact details?