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
Mark says
Hi. I got a top up through amigo loans whilst I was on a dmp. All paid off now but original loan was taken out whilst I had 10 separate pay day loans too. Do I have a good case to complain. Just started my complaints against pay day loans but wonder about amigo too
Sara (Debt Camel) says
It sounds like a good case to me! Complain about the loan and the top up – even if you only get a refund for the top up that would be an OK result. Take it to the Ombudsman if Amigo reject your complaint.
Jane says
Hi Sara,
I haven’t had any SAR information or FSAR information from Amigo during the 8 week period. Should I give them a little longer or just proceed to the FOS? I have sent them reams of information/statements etc to support my complaint.
I’m a little concerned as they seem to have a high success rate at the FOS but, I guess each case is individual!
Thanks so much for all of your great advice. Debt Camel has really helped me face my issues and I am working closely with a IFA to turn things around!
Sara (Debt Camel) says
Have Amigo acknowledged your complaint in anyway? If not, you need to phone them up to check they have received it!
“I’m a little concerned as they seem to have a high success rate at the FOS but, I guess each case is individual!” Only the Ombudsman level cases are published – one that are settled at the first adjudicator stage aren’t. As you say, these cases are very individual.
An IFA – gosh. Hope they are helping you.
Jane says
Hi Sara,
Thanks so much for the quick response.
They have acknowledged my complaint. I’ve been super proactive and sent lots of supporting information from the off!
However, I only ever get an email to say they are investigating and will respond by 25th October, which was the case. However, no SAR or no FSAR as politely requested.
I have had a detailed response on email but, much of it is pretty generic. They have asked me to phone them if I am dissatisfied rather than going to FOS….interesting!!! I am very encouraged by your comments. I’m not giving up!
My IFA is a legend. I’ve known him for years (used to be my business bank manager!!) Fortunately, there are some decent ones out there!
Thanks again you make a real difference!
Jane says
Hi Sara,
Just heard from Amigo Loans not upholding complaint. However, at no time during the 8 week period did I receive any SAR or FSAR details as requested. The statement on-line (Amigo home page) is so long and it doesn’t include all of the account details/interest paid so very difficult to ascertain a breakdown. In their response they have my income incorrect. I was on basic pay plus commission but, without SAR details I have no idea what info they actually hold!
May I ask your opinion…. Do I appeal to them or take to FOS?
Many thanks,Jane
Mark says
Hi Sara and everyone,
I’ve just had an email from the FOS regarding UK Credit Ltd and specifically requesting information relating to UK Credit Ltds refusal to provide the credit check information as per my FSAR request (and DPA/GDPR!)
I never received anything from UK Credit Ltd confirming that they wouldn’t send me the info due to their contract with Equifax, but I know others on here did. Do you (Sara), or anyone else have anything in writing which states that is the case? If so, I would really appreciate it if we could work out a way that I could get a copy. If Sara wouldn’t mind receiving it and then forwarding it to me maybe???
I think it will really help my case as I got the impression the FOS can’t quite believe it either!
Thanks,
Mark
Sara (Debt Camel) says
Hi Mark, I thought this had now been resolved. I was told UK Credit were sending out the information – have you not received it?
Mark says
Sara,
No, still nothing received. I’m still in Malta, but the Mrs is home and she’s confirmed.
I won’t be chasing UK Credit Ltd anymore, as if the FOS reject my complaint I can then take this matter further and add this issue as further ammunition (so please don’t chase it on my behalf Sara :-)).
However, I could do with something in writing from UKCL to prove to the FOS I’m not making their crazy company policy up.
Laura says
Mark, I got mine through, for the loans they gave me in 2013 and 2016 and the check they did after complaint in 2018. I have the email that says about Equifax if you’d like it.
Mark says
Jane,
Don’t give Amigo any more time.
Start your complaint with the FOS immediately. So you are in the queue.
However, ensure that in your complaint to the FOS say something like:
“Due to Amigo not fulfilling their regulatory obligations in providing all information they hold on me (as per DPA/GDPR), as requested in my FSAR (date(s) xxxxxxx), I do not currently have all of the necessary documentation, such as “affordability checks” (credit checks, I&E checks etc etc), in my possession and therefore cannot provide all of the relevant facts for you to decide on my case fairly. As such I reserve the right to provide further information to you at a later date.”
That way when Amigo finally send you the info, you can forward without issue.
Good luck.
Jane says
Mark,
Thank you so very much for this-great timing!
To be honest their reply was completely belligerent! I’ve had not a twinkle of information over the 8 weeks which leads me to believe I may have a possible case or perhaps they are just inundated.
I actually spoke to the FOS on Friday and they were lovely…told me just to submit my complaint to them.
I have struggled for years making payments on this loan..I’m behind 2 months now. My only concern is that because I’ve made payments they will say it was affordable.
My mum has also made a guarantor complaint and that has also been met with a poor response.
How are you getting on?Hope you get some good news soon!
Many thanks,
Jane
Sara (Debt Camel) says
“My only concern is that because I’ve made payments they will say it was affordable.” FOS won’t say that. they will look at your bank statements to see if it was really affordable – if you could only make the payments by getting deeper into debt elsewhere or behind with bills, explain this.
I hope your mum also sends her complaint to FOS.
Jane says
Sara,
Thank you!That is somewhat reassuring to say the least.
I actually emailed a significant amount of supporting evidence as to why I should not have had the top-up loan, in the delusional hope we may resolve the matter without the need to go to the FOS!!They were actually pushing me to borrow more at the time of the second application. My bank statement show masses of short term and long term lending.
Mum is all fired up…her email response to them was fantastic. They are refusing to remove her as a guarantor…
Will keep you updated…
Many thanks again.
Laurence says
Hi Sara
I currently have a complaint pending with Amigo regarding my current loan with them (£9,000) borrowed over 4 years. I’ve asked for the interest to be removed.
I think I have a good case as they rejected my top up after 6 months earlier this year due to it being unaffordable even though my monthly payments were only increasing by circa £15. (I firmly believe they credit checked me properly for the top up but not the initial loan)
My question – I’ve had 3 loans over the years with Amigo (2 in the last 5 years and 1 about 8 years ago)
I struggled to pay these, is it possible to go back to them saying these were unaffordable and get any refund?
Many thanks as always
Sara (Debt Camel) says
You can definitely ask for a refund for the ones the last 5 years. the one that is 8 years old you are very unlikely to get anywhere with.
Sara (Debt Camel) says
Also what about your guarantor – is there a case for saying they couldn’t afford the payments? It doesn’t matter if they own a house, they have to be able to make the monthly payments out of their income if you were to stop paying.
Laurence says
Thanks Sara,
I will definitely contact them about the old ones, should I wait for their reply due in a week before sending these other ones?
My guarantor earnt a good wage and could afford the repayments so not sure that avenue is worth it.
For my old one from circa 2009 (when it was FLM loans) I think I’d have a case for my guarantor
Sara (Debt Camel) says
Oh I would send the complaints in asap.
But not for the 2009 one, for you or for the guarantor.
Mark says
THANK YOU……
To Laura and Sara, for getting that email to me between the two of you, regarding UK Credit Ltd company policy regarding FSAR/Credit Checks.
As usual, this site is the place to come when you need help.
I will keep you both posted as to my complaint progress, but I truly feel that this email could be the difference between the FOS upholding my complaint (worth £1800ish), or not!
Gary says
Hi Sara,
I have various debts that are crippling me at the moment. One of which is with Amigo Loans. I’ve always made the repayments for this as my step father is the guarantor and I couldn’t face it if he and my mum had to pick up the pieces. I’ve currently got multiple payday loan complaints on the go with the FOS. I am reluctant to complain to Amigo for fear of my step father (and therefore, my mum) finding out about it.
If I start the complaint process but keep up the repayments, will my guarantor definitely not be informed of this?
Thanks,
Gary
Sara (Debt Camel) says
Your guarantor should not be informed if you are making the repayments.
I can’t think of why they would want to inform the guarantor. And I think it would be a breach of confidentiality, which you could complain about to the ombudsman and ask compensation for. I don’t remember anyone having this problem in practice.
Lou7 says
Hi all,
I need some advice about complaining to amigo. I have had loans from at least 2013 and my mum has been my guarantor all the way through. I had another top up with them 2 years ago and the balance is still high. I pay £297 per month and touch wood at the moment I have made all the payments. But it’s tough and when I had the loan they asked me on the phone if I was paying off some of the catalogue I had. I said yes and did but it didn’t cover all the debts I had. Any ideas about an affordability complaint? Any advice would be greatly appreciated.
Jane says
Hi Lou,
Follow the fantastic guidance on this site with regards making a complaint to Amigo Loans.
I would highly recommend you request a DSAR (Data Subject Access Request) asking for all the details they hold with regards your account.
I also added bullet points with regards my concerns. These are individual to you. Highlight your concerns at the time of complaining.
Gather as much evidence as you can to support your claim: bank statements at the time of lending, details of debts,details of income etc
I emailed this to Amigo during the 8 week period to support my case. You don’t need to have this information but, should the complaint go to the Financial Ombudsman it’s good to have details to hand-they are really supportive by the way!
Forgive me but, the process can be slow….be patient and strong and hopefully justice will prevai
Jane says
Hi all,
In my final response from Amigo (not upheld) they alluded to the fact they had reviewed telephone conversations at the time of lending( I stated I felt under pressure by the agent to manipulate my income/expenditure).
I put in a SAR and FSAR to Amigo and have received nothing in 9 weeks…case now with FOS.
As I have asked for ALL details they hold with regards my accounts, should they send a disc of the telephone calls?I’m concerned they are going to use recorded information with regards my complaint and I will not have the chance to review it, never mind any other docs!
Many thanks.
Sara (Debt Camel) says
yes you should be sent a recording of the phone call(s).
I suggest you tell Amigo now that if you are not sent all your personal information, including call recordings, within a week you will be reporting them to the ICO and also asking FOS for additional compensation for Amigo’s obstructive complaint handling.
Jane says
Thanks so much Sara for such a quick response.
Would you believe I have just collected a parcel from the post office? Had to pay the postage-they hadn’t paid a penny!! It was the details from Amigo but, no disc.
This took over 9 weeks to come through! I despair…by far the hardest company to deal with!
Sara (Debt Camel) says
Phone them up and ask where the recordings are.
Jane says
Thanks very kindly,all sorted!
Wishing you a good weekend.
Luke says
I complained to Amigo loans regarding a number of issues after having an Amigo loan and three further top ups. During the time of the first loan I had numerous pay day loans, credit cards, overdrafts etc. I borrowed originally £5000.
During the first loan me and my wife went on a DMP with Stepchange, whilst we were setting it up we contacted all creditors to say that we were going on a DMP. When we contacted Amigo they said they would accept the payment from me but the remaining amount each month would be taken from my guarantor – that was it!
We contacted Stepchange and our whole DMP nearly collapsed – however they allowed us to reduce the DMP considerably to allow us to continue paying Amigo.
Following this they still allowed 3 further top ups to £10000, we only borrowed because of the hardship it was causing paying it back – vicious cycle I know!
Amigo replied on Friday to say no! No surprise there. They state that if we had gone on the DMP and made a payment they would have contacted me to set up a plan!!! They never told me that and instead we called the next day to say we would still make the payments so it didn’t affect my guarantor.
We had contacted them regarding hardship and they weren’t interested. Now they state it was my own fault for continuing to pay!
We should never of had any of the loans due to our adverse credit.
Feel quite down now.
We have sent to the Ombudsman today.
Has anyone had any luck with FO regarding Amigo loans?
Caro says
It absolutely seems that Amigo are conditioned to say NO NO NO.
Would be verrrry interested to hear of anyone’s success against these leeches.
LD says
Full rejection from Amigo loans following all previous loans and current one.
Amazing how they try to justify things.
I have a good case will be sending to FOS in the morning
Sarah says
Hi Sara
I’m about the send off an email you amigo. Just one quick thing to ask
My monthly repayments we’re unaffordable for me going into it as I got myself in horrible rut and not only was I paying that off I had payday loans I wasn’t paying off too Luckily for me a family member gave me the money to pay it off early as like I said the repayments were crippling me as I paid it off early will they still accept my claim for irresponsible lending?
Thanks
Sara (Debt Camel) says
“will they still accept my claim for irresponsible lending?” yes – but how much interest was actually paid? ie what did your nice family member pay to settle the loan less what you borrowed?
Sarah says
initial loan was 3000 I then topped it up to 5000 after 6 months. This was back in 2013
I then settled the loan in 2016 which was 3300 as my monthly repayments was over 300 a month.
Lou7 says
Hi all,
Just a quick question. I have had several loans from amigo starting from when they were trading as FLM Quick. The complaint shouldn’t affect my guarantor should it? I am continuing to pay every month even though it’s hard. I don’t know what interest I have paid back either especially when having top ups. Anyone guide me on how to work it out? Any information would be greatly appreciated.
Jane says
Hi Lou,
You can log on to your Amigo account and click statement information. You then need to get your calculator out and scroll through the entire statement to understand how much you paid,interest paid etc….Not at all transparent!!
It took me ages!Even when I received the DSAR, there is no quick reference to this information!
Sara has kindly previously commented with regards how the complaint affects your guarantor…they should know nothing about it.It’s between you and Amigo.
I would strongly advise you email Amigo and ask them to reply with the information you require, not a statement. This ensures you both have the same information.
Lou7 says
Thanks so much for your advice Jane. I have sent off my complaint and had a reply in recognition of this. I am glad it’s not just me that couldn’t understand how much was paid and interest paid though. Thanks again Jane. X
Jane says
Lou.,
Pleasure to help…fingers and toes are crossed for you!
I spoke with Amigo today with regards the difficulty in accessing information. I do appreciate that interest is charged daily but, I think it shows a lack of transparency for the consumer that they are unable to view their account information. Especially on settled loans where a top-up is still active.
I’ve had to request the information from the accounts team…crackers!!
Keep the faith! x
Lou7 says
Thanks Jane. I can only access the current loan online. But I worked out that I have 35 payments left of £296.44 because the loan was over 60 months and by the time this is paid back I will have paid £17,000 or just over!! The original loan was for £7,500 but money was took from that to finish the old loan off. It’s mind blowing!! I have paid them a fortune over the years.
Jane says
Dear all,
Just wondering… finally received a disc of calls from Amigo loans and have listened to the entire disc….
1. There are calls pertaining to old loans with FLM Quick…strange as when I wrote to Amigo they would not accept any responsibility for these loans yet have linked them to my account.
2.There is no recording of the call to assess income/expenditure for the top-up loan but, apparently this was assessed in order to not uphold my claim.
3. I was never asked if I was up to date on priority bills or behind on the mortgage. Does this matter or is it irrelevant?
4.The hard copy of the income and expenditure for the top up loan is completely wrong and shows a disposable income of £903.50…I wish!!Are they hiding something?Council tax shows £0.00/Home Insurance £9.00 and Food £150.00 per month…all incorrect!
It’s with the FOS now but,I’m loathe to go back to them(Amigo) and ask for more evidence.
Any thoughts are appreciated…Many thanks!
Sara (Debt Camel) says
“2.There is no recording of the call to assess income/expenditure for the top-up loan but, apparently this was assessed in order to not uphold my claim.” I think you should ask Amigo for this.
“3. I was never asked if I was up to date on priority bills or behind on the mortgage. Does this matter or is it irrelevant?” Were you asked what your expenditure was on these?
“4.The hard copy of the income and expenditure for the top up loan is completely wrong and shows a disposable income of £903.50…I wish!!Are they hiding something?Council tax shows £0.00/Home Insurance £9.00 and Food £150.00 per month…all incorrect!” All good points to make to FOS.
Jane says
Thanks Sara,will do.
They did ask me to list mortgage payments and gas/electric but,not to list any arrears.
Forgive me I’m embarrassed but,at the time of borrowing I was closing a company and had a huge commercial loan and a debt to British Gas(all repaid in full now).They just went through my credit file but,didn’t ask me about missed payments or defaults or any company liabilities so I didn’t tell them!
Thanks again Sara!
Lou7 says
There are not many complaints that have been upheld by the ombudsman. I don’t hold out much hope
Gareth P Gough says
The website does not show those upheld at adjudicator stage though!
Jane says
Hi Lou,
Don’t you worry…first stage is with adjudicator and those successes are not recorded,as far as I’m aware.
Don’t give up hope….I’m not!
Jane t says
My son has an Amigo loan for which I’m guarantor. He’s had a few problems and I’ve had to pay some instalments but for now he’s just about managing to pay them. However he’s really struggling generally because some old debts are catching up wih him. There may be a possibility of a DRO or even bankruptcy. If that happens, would I be liable for the rest of the loan or would it be included in the DRO/bankruptcy?
Sara (Debt Camel) says
A DRO or bankruptcy would wipe out his liability for the loan but not the loan itself, so Amigo would then come after you.
Can you afford to repay it?
And the old loans that have caught up with him – what are these, what sort of debts and how old are they? Have they been sold to debt collectors?
Jane t says
I would struggle to repay it and I would be happy to demonstrate this to Amigo. My thought is that if I don’t have it then they don’t get it and as long I can give them token payments then there’s not too much they can do.
Difficult to know what the old debts are because he lived in a couple of places before his current address. He was in a bad way and can’t remember a lot of them. Bailiffs have already been about two (paid off by family) – they were for TV Licences and I suspect the others are mostly for stuff like mobile phone bills, broadband and HP, maybe some council tax. Currently trying to get him to talk to a debt advisor. I’ve been in the same place and will support him but that was twenty years ago and obviously I’m no expert.
Sara (Debt Camel) says
Do you have a house with equity or are you renting?
If you can’t afford the repayments (and this means afford without selling your house! The regulator says that doesn’t count when working out if you can afford them) then the best thing is for you to put in a complaint to Amigo now as the article above says. If you can be removed as a guarantor this turns into an ordinary loan and would be wiped out by a DRO.
Jane t says
I own my house outright but have an equity release on it. Son rents jointly with partner.
Sara (Debt Camel) says
In that case if you don’t pay Amigo they will go to court for a CCJ and a charge on your house. They won’t be able to make you sell the house if you make the regular payments to the CCJ – these should be set at a level you can afford and can be changed (the legal term is “varied”) if they are too high.
Can I ask how old you are?
Jane t says
I’m 58. I’m planning on taking your advice and going down the affordability complaint route and get them to take my name off as guarantor. I need to persuade my son that a DRO could be a suitable route and that I’m not trying to get out of supporting him (he’s already embarassed and stressed out by the whole situation). I’ll get things rolling in a few days, once he’s calmed down and we can have chat.
Sara (Debt Camel) says
ok, it isn’t guaranteed your complaint will work and that you will be removed as guarantor but it’s worth a try.
I do think your son needs debt advice, sometimes it’s easier to listen to a stranger than a relative. Supporting him to make that choice would really be doing him a favour.
Jane t says
Well, as they say, nothing ventured, nothing gained. If the debt ends up be DRO’d then at least they won’t be able to say I didn’t ask them. I’ll give it a go and let you know if I have any success (or not). And we’re off to have a long chat with sonny boy over the weekend, going to go through everything so that he has some clear information to go to a debt adviser with.
Thanks for your advice.
Jane says
Hi Jane t,
My Mum has applied to be removed as a guarantor with Amigo( I only have 3 payments left on this loan!) and has also made an affordability complaint which is now heading to the FOS. As Sara has said there is no guarantee but, yes indeed worth a try.
My Mum has been amazing and supported me over the years so much. I repay all my debts myself but, it’s been a struggle.
In 2019…all being well I will be debt free. It’s taken lots of hard work but, I’d be lost without the support of my family.
If I can help in anyway please do let me know.
Jane R
Lou7 says
Hi all,
Do amigo take the full 8 weeks to make a decision? Do they contact you by email or letter?
Jane says
Hi Lou,
They replied to me at 5pm on the last day of the eighth week!
I sent bank statements,credit report and various bits to support my complaint.
It wasn’t upheld Lou but,I don’t think there’s a record of any successes that I know of during the eight week period!
Make sure you request all information they hold on you including a copy of all recorded calls.
Best of luck and fingers crossed!
Lou7 says
Hi Jane,
Now why doesn’t that surprise me. It’s no good being stubborn unless you show it, so they say. Thanks for all ur advice, it’s been much appreciated x
Jane says
Hi all,
After three attempts I finally received a copy of the call between myself and Amigo for a top-up on the loan from 1500 to 4k.
It’s been a real battle for this information. During the call I spend more time talking with the agent about cars and his previous life running a business than ascertaining the affordability. It’s all uncomfortably jovial!
I mention I have lots of DMP’s with my lenders,lots of company debt from previous years. This is never queried.
We go through the income expenditure but, the amounts are on the low side and never questioned. The fact I say my husband pays many of the bills is never questioned.The reason for this is I am swimming in debt!
Plus, my salary isn’t correctly verified.I explain is goes up and down. I explain what I’m expected to earn,not what I actually earn.My basic was only 15k pa.My bank statements show a much lower salary and they took the,” top-line,” income on both applications.
I did not disclose debts that weren’t listed on my credit file such as a Commercial loan and a payday loan to FLM Quick, which I was struggling with.I was worried I wouldn’t get the loan.
Jane says
Further to the last comment…
My concerns are that the agent states,”this is just a top up loan.” In fact I receive a text offering me 5k instead of 4k.
I’m very polite and positive during the call but, there’s no request for bank statements/documents to support the application and the budget differs significantly from the first application 6 months previously and that is never questioned.
Okay apologies for the rambling but, it’s been really stressful dealing with Amigo .I’ve had a battle trying to get the DSAR information ( we’re nearly at the 3 month mark). It’s with the FOS now…do you think I stand a chance?
Had they seen my bank statements I can tell you I would never have been approved….
Thanks very much..any thoughts appreciated!
PauloJ says
Hi.
My complaint with Amigo has been upheld by adjudicator for the last 4 of my 8 loans with them = Result! Now awaiting confirmation that Amigo accept the decision….
I also plan to reply to the adjudicator to ask that she reconsiders including loans 2 & 3, as part of her explanation states my bank statements don’t show reliance on payday lending at that time, however I owed Cheque Centre £1000 pm at that time when basic pay £1250 pm!
I will report my outcomes once I have the replies. Good luck everyone
Jane says
Fantastic result!
So pleased for you and best of luck with the other loans.
From what I can see Amigo,pre 2015 did not consider asking for further evidence to support the loan application . These loans are high cost and often for large amounts.They were throwing money at me without undertaking further checks in the hope my guarantor could pick up the pieces.
I’m so pleased to hear some positive news, it gives me hope…my case has been picked up by the FOS, so I’m praying.
May I just ask did you have any difficulty with Amigo accessing your SAR details?
Thanks Jane
Gareth Gough says
That’s great Paulo!
Over what period of time did you take the loans? Was it one loan with 7 top ups?
Thanks,
Gareth
PauloJ says
Morning
Jane – I didn’t get my SAR details for Amigo as I made my complaint based solely on the info from the payday section of this site and didnt find this guarantor loan section til very recently. My adjudicator had access to the calls though and references them in the response, stating that they were dismissive of my comments re my debts which is what helped her decide on agreeing my complaint.
Gareth – my first Amigo loan was April 2012 (£1500). I then topped up in early 2013 (to £5000). Took a new loan May 2014 (£5500) which was topped up (another £5000 one) before I cleared it March 2015. Then took another in May 2015 (£5000) that I topped up twice (one for £5000 and one of (£2500) before my final loan with them in May 2016 (£1750). The last 4 listed are the ones the adjudicator has agreed the complaint on.
Spoke to adjudicator this morning and they can’t consider my extra info to include any of the earlier ones. Was worth a try though.
PJ
Jane says
Thanks so much for the update.I’m really pleased to hear you’ve been supported by the FOS.
Obviously each case is different but, what gives me hope is in my pre-pay out calls I was never further questioned or queried about debts when I explained I had been struggling for years to repay them.The agent wasn’t interested at all and didn’t record my income or expenditure correctly.
If I get one loan upheld I will be ecstatic!
I would also encourage anyone with a guarantor loan to also ask their guarantor to complain to Amigo, if they felt under pressure during the process to adapt their finances in order to meet the criteria.
Laurence says
Great result Paulo and gives us all hope that even though there seems very limited positive results with Amigo some cases do turn out well.
Will keep you all posted with my 5 loans. All mine currently with the FOS after amigo of course rejected my complaint
G says
I’ve just put my complaint into the FOS and they are asking why the delay in complaining
My first loan was 2012 and 7 top ups later my last was July 2018.
What would you suggest.
Jane says
Hi G,
I genuinely had no idea I could claim until this year. Wonga contacted me and refunded some money as they stated they hadn’t run the correct affordability checks. If the FOS has asked this question perhaps they just trying to assess credibility of claims.
There has been lots of media coverage this year with regards pay-day lending/high cost loans and given you had so many loans with Amigo within the correct time frame to complain, I would mention the latter.
I tagged this on to my supporting document when I submitted the claim to the FOS last month. It’s now been picked up and I’m waiting for Amigo’s comment. They have 3 months to reply….roll on 2019!!
Laurence says
Amigo so frustrating, rejected my complaint and with that said they would send my DSAR info shortly.
Chased it as been waiting two weeks and they said they are allowed 30 days to send this to me.
So infuriating as I know they’ll wait till 5pm on day 30
Jane says
Hi Laurence,
I had the same experience.
Took 10 weeks to get information from Amigo and then had to chase telephone recordings several times. I wrote the following,it seemed to speed up the process (if you are outside the 8 week time frame):
“I have asked you for a copy of all the personal information you hold about me including, but not limited to, my applications, all credit and other affordability checks, a statement of account for my borrowing, and a record of all phone calls. This is a Subject Access request. You are obliged to provide me with this information or I will register a complaint with the ICO.”
I actually spoke to the FOS about the delay…they were very helpful. Advised I submit my complaint and could potentially add further info at a later date.
Good luck!
Laurence says
Excellent many thanks
How did you get on with the FOS about your case?
Jane says
Hi Laurence,
I sent my case to FOS in October and they responded very quickly. Have had several emails and a letter explaining Amigo now have 12 weeks to supply requested information about the case.
I mailed the final reply from Amigo and sent supporting information. Amigo have copies of bank statements I sent to support my complaint. They didn’t request them at the point of lending, so I sincerely hope they don’t use them to fight my case!
I expect it to rumble on well into 2019…horrendous company. Really regret ever having applied!!
craig murray says
Hi all
when i took out a loan with amigo i was on a dmp with step change:
i felt like my dmp was asking for too much money each month i really couldn’t afford to pay it so i found amigo in which my dad was the guarantor..
previous to me taking out this loan i was involved in at least 10 separate pay day loans, catalogs the lot hence the dmp in place..
anyway when taking out the loan with amigo i told them that i was on a dmp and that iv been struggling for many years, they gave me the loan practically that day, i payed off all the debts with payday loans, but since then ive acquired £15000 in debt again through mostly payday loans lending again and a hire purchase which went very wrong…
my credit file was very very poor, some time later i toped up the loan in which they gave me.. iv since been on a dmp with step change amigo was included but my parents had to pay the short fall from that..
im currently not on a dmp but im due to be back on one in the next month or face bankrupt hard decision at the moment!!
im still paying amigo monthly but struggling
do i have a good case against them ?
them knowing i was on a dmp ?
my credit file would a have clearly shown this
(iv just started to get offers from previous payday loans (2013) which fob have been sorting for me so theirs clearly evidence there :)
thank you for your time :)
Craig
Sara (Debt Camel) says
It is a great pity you didn’t go bankrupt in 2013 rather than drag your parents into the mess. If you are just starting to get money back from payday lenders, you may be able to use that to clear the Amigo loan? Then with that out of the way you could go bankrupt (if that was still necessary, I am not recommending it!) without it affecting your dad.
Were the payday loans you cleared with the Amigo loan taken out while you were in a DMP? if they were, and Amigo knew that, it sounds to me as though it should have been obvious the Amigo loan would be unaffordable. Well worth making a complaint. Also did you top up or get another loan from Amigo? Also complain about that one!
Your dad – can he afford the repayments? If not, he could complain and ask to be removed as guarantor.
craig murray says
i dont want to go bankrupt, i just want every body off my back its draining made some bad choices and paying the price..
no the payday loans where taken out before the dmp.. the amigo loan was taken out whilst on the dmp and was taken out to pay every body else in which amigo knew as i told them…
2012-2017 i was consistently loaning from payday loans without a break in lending, this all shows this is why the payday loans are paying me all intrest through irresponsible lending!!
yes i topped the loan up outstanding balance is £3500 i borrowed £4000 settlement of old agreement was £2500
no my dad can not afford to pay it.
surely just on the fact that Amigo loaned me the money which i was on a dmp with bad credit and clearly missed payments on 10 separate loan companys is a good case right ?
craig murray says
payday loans 2014-2016
Dmp 2017
borrowed more payday loans whilst with step change
got an amigo loan in 2017 and completly paid off all outstandiung debt evrything at a reduced offer…
same year got into more trouble borrowing (i suffer with depression which means i can take time off work when i really need too ) there for my wages are sometimes very low
(Hire purchace car which got had an unprovecked arson attack and wrote off by insurace ( insurance refused to pay out £7000)
Toped up amigo same year 2017
2018 been on anpother dmp and struggled with them repayments missed 3 in a row they cancelled that agreement
currently getting threats by all creditors
speaking and setting up a new dmp with step change in the next 2 weeks once ive found £300 to pay a court fine then step change will help me again..
thank you for your time
Sara (Debt Camel) says
Thanks for the details – its helped to give the full picture.I think Amigo should have asked you why you were finding the DMP difficult. If they had they would have found out your income was erratic. The fact that they knew you were in a DMP and wanted to pay it off should have been a red flag that something was wrong.And the later top-up – again they should have wondered why and looked more closely at your problems.
Good luck with your complaint and let us know how it goes – don’t give up if Amigo says no, but take this case to the ombudsman!
You said you have started payday loan refunds – hopefully they will help you clear some of the amigo debt.
Martin says
Amigo have sent my DSAR out to my old address that I moved out of 2 years ago.
I complained to them that all previous communication until now has been via email and that they should have checked my current details BEFORE posting out sensitive and private financial information including copy of my telephone application call.
They have replied that there was no breach of Data Protection because they posted to address supplied by me. The address was current at the time of my active loan but that account was repaid and closed in 2014 and I then moved in 2016. I would have no reason to update them on my change of address. I assumed the DSAR and audio copy would be emailed and I believe it was THEIR responsibility to ask my address before posting out to address on file from a 4 year old closed account.
Any thoughts please?
Sara (Debt Camel) says
It’s annoying. But hopefully they have now sent it again to your current address.
Martin says
Yes they are resending to correct address now. I’m not sure if there is grounds for a Data Protection complaint and additional compensation payable?
I did find some Ombudsman test cases here https://www.financial-ombudsman.org.uk/publications/ombudsman-news/128/128-sensitive-data.html but article is from 2015.
Sara (Debt Camel) says
I think any compensation would be small. Personally I would concentrate on the affordability complaint, but if it has to go to the ombudsman, you could also mention the data issue..
AC says
Hiya! Basically, In 2016, I applied for an Amigo Loan, the worst thing I ever did. Within 8 months, I’d gone from a £1500 loan over two years to having a £7500 loan over 5 years, after telling them I’d had financial problems and couldn’t make the payments, they still allowed me to top up my loan. I’d wrote to Amigo, asking them to reduce my payments, but they didn’t want to. Told me that I could have a grace period of a day to sort things out. I complained and told I would have a final response, but nothing came of it, so I took it to the FOS. I had a reply from the FOS a few months ago requesting my bank statements from the periods of having the first loan, to the last top up. Last week I received a letter from the Adjudicator and she’s wrote to Amigo saying that I’ve been irresponsibly been given the loan and that their checks hadn’t gone far enough. In the two years I’ve paid nearly £7000 and if I want to settle my loan today, it’s currently at £7100, because of the daily interest they add to it. If they had looked at my bank statements, they would of seen that with my outgoings, I wouldn’t have enough to make the loan payments. Amigo have to refund all the interest on my loan’s and add 8% interest. I wouldn’t recommend Amigo to anyone. Its easy money which they throw at you, but when you explain that your’e having financial difficulties, they don’t want to know. Avoid!
Jane says
Hi AC,
Totally understand and sympathize with your situation. I have a small amount outstanding and they’ve been very tenacious. My guarantor is being contacted regularly and currently I am not even in arrears!! I have given them a full updated income and expenditure and explained I am medically retired. I have had major surgery twice in 2 years-they don’t care! Asked to restructure the final payments…not happening…no support. I’ve paid almost 6k in interest…so regret ever applying.
My guarantor has asked to be removed but, they will not honour this request(?!!) so consequently she has also complained and submitted to the FOS.
I have a case with the FOS also for irresponsible lending.
Very pleased to hear of your result. Do hope you receive good news very soon.
Ac says
Hi Jane
So sorry to hear what you’ve gone through. I really hope things work out for you aswell. :)
Annie says
I have now received a rejection letter from amigo. I had 3 loans for 3k, 3k then 4K, all whilst dependant on payday loans and issues with gambling. I did pay each of these loans off early but only by borrowing from my bank and credit union to avoid the high interest from amigo. I never missed a payment with amigo therefore they state that I had no issues affording the repayments. When I applied they never asked for any proof of income or bank statement. I already have my SAR from they and cds of phone calls, do you think it is worth sending to the FOS and what details do I need to give in my claim to the FOS. Thanks
Sara (Debt Camel) says
Borrowing 3 times and the last one larger – definitely take to FOS! the following questions are for how to word your FOS complaint, not to see if you should make one…
How long between paying off 1 to taking out loan 2? and between 2 and 3? Did they ask you what each loan was for?
Annie says
Thanks for the reply Sara, The first one was 2012, the 2nd June 2016 which I paid off then the 3rd jan 2017. I have now sent a complaint to the FOS.
Sara (Debt Camel) says
Ok so there was a big gap between loans 1 & 2. The first one may also be over 6 years old now.
But the time between paying 2 and then taking the larger 3 is short – it is worth emphasising this and that it should have meant Amigo should have looked more closely at the application for loan 3 eg your bank statements.
ClaireR says
I had a complaint with Bamboo which they rejected, I sent the complaint into the FOS around 24th November.
In the meantime, I agreed and set up a repayment plan with Bamboo, the first payment was on 30th November which went through ok.
Today I had an email from them, saying, that they see I have a complaint with the FOS, and they have offered to defer the loan repayment plan whilst this is ongoing.
I guess the FOS have sent the complaint info to them already. Much swifter than anticipated.
Just out of interest, when the FOS sent a complaint to a lender, is there a time limit for them to respond, like the 8 week timescale?
Thanks.
PauloJ says
Hi all.
For anyone interested – I posted comments 3wks ago to say adjudicator had agreed with my complaint against Amigo for 4 of my 8 loans – well they didn’t contest the decision and paid me £3,613 yesterday.
So for anyone who gets a similar result, look to receive your funds within 3wks 👍
Good Luck
PJ
Sara (Debt Camel) says
That’s good to know. It may be that Amigo doesn’t want to risk losing a complaint at the second ombudsman level because those decisions are published…
Anthony says
That’s great news PJ.
They have until Friday this week to respond to the adjudicators decision on refunding all the interest on my loans. Fingers crossed they don’t disagree with it!
Anthony
Jane says
Fantastic news PJ! So pleased for you…Have a lovely Christmas!
Lou7 says
Hi all,
Do amigo reply via email or through the post with regards to the complaint?
Jane says
Hi Lou,
All my contact was via email. I had a final response on the last day of the 8th week. I then sent it to the FOS end of October.
You can choose how you wish to converse with the FOS…phone/post or email. Email is always a good option.
So happy we are finally seeing some Amigo success…long may it continue!
Best wishes,
Jane
Jane says
Hi Lou,
My SAR didn’t arrive until 10 weeks. I had to beg for it!They had already chosen not to uphold my complaint at the 8 week point so I’d already submitted my complaint to the FOS. I attached a two page letter to the FOS with my final response detailing the issues I’ve had.
I still owe a few hundred pounds and they are harassing me and my guarantor everyday for the payment, despite my asking for a payment arrangement and providing an updated position of my finances.
Keep strong. Ask for the DSAR information to be sent within one week or you will have no choice but, to report the matter to the ICO.
Best wishes,
Jane
Laurence says
Well the fun with Amigo continues. Their policy is to send DSAR information 30 days after you request it. Mine arrived today (Day 31)
They clearly stated in an email to me this week that it is sent via recorded delivery and will include a CD of all calls etc.
Came home today to a see through Royal Mail plastic bag with my envelope ripped and papers sticking out.
It said sorry this got damaged en route and let us know if anything missing etc.
Well for starters there is no CD inside (so all my personal information is on a CD somewhere and I have no clue what paperwork also didn’t make it)
I’m fuming, it wasn’t sent via recorded delivery and was in a flimsy brown envelope (being a huge stack of 100 odd pages no wonder it ripped when sent via standard post)
I’ve put in an immediate complaint earlier this afternoon to Amigo but of course nothing back.
I hold Amigo totally responsible for this and the breach of my personal information.
Any thoughts?
Jane says
Laurence,
That’s really poor!Shocking!I am so pleased you have complained…again bless you!To my knowledge the information should have been sent recorded.
I had a similar situation.Details were very late and they forgot to put a stamp on so we had to pay for the postage!
There was no CD in the envelope.Had to request the CD 3 times.It finally came but,didn’t have the details of the second loan.Back to Amigo again several times requesting that.
Total shambles!I think they’re inundated with complaints…I hope so!
Take a deep breath and add it to your list of grievances if it goes to the FOS.
Keep the faith!
Bill says
Hi,
I had similar with Amigo , I asked them supply me copy of the loan agreement, told me they keep any records of loans after 4 years, low and behold they sent in error a copy of another persons loan agreement! Details of borrower and guarantor….names, adressers, how much was borrowed, I told them they sent me it and asked to return it, I forwarded on to the fos for future reference against thus dodgy company
Laurence says
Thanks, they are so infuriating….. Anyway, they now confirmed that they did send a CD with my details on it, so who knows who has that now with my personal info.
They’ve also claimed it’s completely Royal Mail’s fault and not theirs at all. Why am I not surprised.
Said they did send via recorded delivery….. Hmmm
Reece says
Good afternoon Everyone,
i have put a few complaints with the FOS for payday loans and amigo.
is it worth putting one for Trust Two ( Gaurantor loan). i have a loan with them for £5k taken out a few weeks after i taken one with amigo for £10k, the combined monthly repayment is 43% of my net pay. on top of this usually maxed out cc, hp, store cards and lots late payments and 50 plus payday loans aswell.. if its just one loan could it still be classed as irresponsible lending? thanks
Reece
Sara (Debt Camel) says
Yes it’s worth complaining. That was a BIG loan and they should have done better checks to make sure it was affordable.
Lou7 says
Hi all,
I had a reply from amigo today with they did nothing wrong and they trusted me to use the money they gave me to pay off some debts. The email is very long. I don’t know what to do now. Any info would be appreciated.
Jane says
Hi Lou,
Hope you are well.
As Sara has mentioned on a couple of occasions Amigo do not seem to uphold the majority of complaints at this stage!
As you now have their final response you can now refer your case to the FOS.It’s very simple and all the helpful guidelines are listed on Debt Camel.Simply complete the form and send the FOS your final response from Amigo.
You will then be a assigned an adjudicator who will resquest more information with regards your complaint.
It may take a while though Lou they’re pretty backed up at present.
If I can help at all please let me know.My case has been with the FOS since October.
Amigo need to reform their criteria…the more people that complain the better!!
Best wishes Jane
Lou7 says
Hi Jane,
They said the 4 previous loans they couldn’t comment on because they were paid out over 6 years ago and paid back 4 years ago. But I had one for £5,000 and a year later a top up of £7,500 which only left me £3,024 after I paid back the previous one. Amigo said I never showed signs of struggling and my credit file was good!!
A says
Hi.
I have a complaint on going with the FOS against Amigo. Originally the FOS adjudicator upheld my complaint but Amigo came back with evidence to take into account. The FOS have now partically upheld my complaint, which I’m still happy with. Just waiting for Amigo to reply. Good luck!!
Sara (Debt Camel) says
I think you had two loans from them? If so, if you told them in the first loan that you were going to use it to repay debts, but when you applied for the second loan/top-up it should have been clear that you hadn’t done this and that your financial situation was worse, then Amigo should have seen that and asked you a lot more questions. This is something to point out in your complaint to FOS.
Also read the “Some things the lender may have got wrong:” bit in the article above. Can you tell from all the info you now have that Amigo got one of these wrong?
Sarah Docherty says
Hi Sara.
Amigo have sent me a very lengthly reply stating that my complaint will not be upheld.
They said i had enough disposable income and went on what i told them. As for my mental health, they have listened to the calls and nothing suggests i was incapable of making financial decisions nor gave them any reason to think i was incapable.
I sent them my PIP award letter from the time so they had enough proof.
Do i go anywhere now or just leave it?
Sarah
Sara (Debt Camel) says
You rolled this loan several times so that is well worth sending to the Ombudsman!
If Amigo knew you were getting PIP for mental health problems they should have been extra careful to check your application was accurate and not just take your word for it.
Have you listened to the calls? They should have sent you call recordings. You are listening for whether there were any points where they tried to lead you into giving certain answers, or where you were just saying yes (or No!) but may not have fully understood what you were being asked.
Sarah Docherty says
Thank you for your prompt response Sara. I will inform them that i am going to the FOA and wish to request the calls before doing so.
Sarah Docherty says
Good morning to you Sara,
In respect of my previous comments. I requested the call recordings from Amigo in my letter to them dated 29th October as per your template advising if they were not upholding my complaint to send them. After their response on 18th December to advise they would not uphold my complaint, i therefore requested again for them to send this information whereby they acknowledged my request however to date have not actioned my request. With your expert advice, please can you suggest what next steps i should take.
I look forward to hearing from you.
Sarah
Sara (Debt Camel) says
I suggest:
– you phone Amigo and ask why you have not been sent the Subject Access request personal infomration that you have asked for twice, once in your email of 29 October and again on 18 December.
– at the same time I suggest you send your complaint to FOS – this can largely be what you said to Amigo in your complaint to them. Add that Amigo rejected your complaint in December, since then you have been waiting for your SAR but they haven’t yet sent it, so you are now sending the case to FOS and you will update it with any useful points from the SAR information when you eventually get it.
Sara (Debt Camel) says
As you will see from some of the recent comments here, another person with several top-ups has won their case at FOS.
Lou7 says
Hi all,
After reading through Avery long winded email from amigo I sent my complaint to the ombudsman service today, along with their letter and I highlighted bits and put in some comments. So fingers crossed and let’s hope there is some good come out of this mess
Can’t you complain about amigo loans over 6 years old?
Sara (Debt Camel) says
Well you can, but I think it’s unlikely the Ombudsman will agree to look at it.
Stuart says
Hi Sara, I currently have an unsecured guarantor loan with Amigo for £10000, I have already paid over £4000 in interest alone in the past 13 months and have another 4 years of payments to make. I am paying £395 per month but it is really straining on my finances and have since borrowed from another 2 payday loan companies to keep up. Is there a chance I can arrange to pay the remainder of the loan minus the interest? The guarantor is my partner who could never afford to make the repayments herself as it would be half her salary every month. What are my best options.
Sara (Debt Camel) says
Hi Stuart,
the article above looks at how to make an affordability complaint about a guarantor loan.
Also look at whether your partner could be removed as guarantor, see https://debtcamel.co.uk/amigo-complaints-by-guarantor/.
David says
Since 2016 I’ve had 5 loans with amigo.
Borrowed £4K. Topped up to 7k then and again to 10k. Had to borrow from family to pay it off.
Since then I borrowed 4K. And toped it up to 10k.
When I borrowed originally I was unemployed and the guarantor a pensioner working part time.
I have gone to the FOS 8 weeks go after they rejected my claim. No news yet from them.
Have many people had any luck from amigo?
In total I will they say I have borrowed £35,500 they are saying they have paid me £21k and I have paid back 18k and I have 9.5k left to pay. I don’t understand that.
Sara (Debt Camel) says
If Amigo knew you were unemployed originally that is a very strong point in favour of the first loan being unaffordable for you. Have you had the copies of your call recordings and listened to them?
The fact that your guarantor was a pensioner originally isn’t relevant. Or indeed who your guarantor is now – you have to make out the case that the loan is unaffordable for you. If your current guarantor couldn’t afford to repay the loan, they can put in a separate complaint – and if they win that could take a weight off your shoulders as you could just opt for a repayment plan when there is no guarantor. But it doesn’t actually help your complaint.
David says
I lied and said I was employed. They can’t have done any checks at all over my income. Plus I had pay day loans. Credit cards and a 118 loan when I took the last 2 loans out.
And I had missed payments on the first loans with amigo.
I reveived a huge File of paper work and a cd today I’ve not yet had chance to listen to it
Sara (Debt Camel) says
OK, the paperwork will probably be all over the place. You need to sort it into a separate pile for each loan or top up. You are looking for what you said on the application and then to compare it to what Amigo then found about you from credit record or other verification checks. Any significant discrepancies are points that Amigo should have asked for more details about. eg if you didn’t mention some of your borrowing, but Amigo could see it on a credit record check. Also did you say you wanted a loan to consolidate existing debt, if you then applied for a top up and it was clear that you hadn’t repaid other debt.
Would your guarantor also have lied about whether you were employed for the first loan?
David says
Yes I did see it was all over the place.
She would have yes. It’s my mother and I was desperate for the money as out of work and in debt.
I will go through the paperwork tomorrow if you can help me with exactly what I need to be looking for to help my case that would be greatly appreciated.
Still my mother as guarantor and se wouldn’t be able to repay
To at all was never really in a place to afford it. I’ve always managed to borrow and find a way to make
The payments but now I can’t with my other loans. Bills. Credit cards and out of work again. Amigo have been told this and they don’t care. They just want it paid. I have had to miss payments with 118 and put hold on loan. And put my payment date back with amigo.
Sara (Debt Camel) says
OK, then get your mother to put in a separate complaint that she should not have been accepted as a guarantor as she could not afford the loan repayments from her income.
David says
Just listened to the cd. And for the first 3 loans I took I told them it was all for debt consolidation when I hadn’t paid them off on each occasion I applied for the loan and the top ups.
Infact my debt had gone up when I applied for the first top up from 4K to 7.5k.
Sara (Debt Camel) says
Very good points to make to the Ombudsman.
The rules say that “A firm must base its creditworthiness assessment on sufficient information of which it is aware at the time the creditworthiness assessment is carried out”. Amigo were aware that you intended to use the loans to pay off other debts, but the credit card history at the time of the application for the top ups showed that you had not done this. This should have caused Amigo to think something may be wrong and to have done a more detailed assessment of your finances, which they did not do.
David says
Do I wait till have have an adjudicator assigned to my file or let them know now. Do I need to send this to them or will amigo have to send them a copy of it.
Sara (Debt Camel) says
I would email your points now and ask for them to be added to your complaint. You can say that you have copies of the call recordings and can supply them to to FOS if Amigo hasn’t already done this.
Gareth Patrick Gough says
If there is no call on 3 top up’s would that be in favour or not with my case with Amigo (currently with the FOS)?
Also the credit report they did on me for each loan does not show my ccj (x2) on one hand if their report does not show it then they can’t know so not good for me. However what sort of credit check would not show ccjs!
Miss W says
is there anything to say that a loan company should have asked anything regarding disability or mental health during the loan application
Sara (Debt Camel) says
Not unless there is some reason for them to think it might be an issue. For example if you receive any disability benefits or mention that you have health problems. If somebody didn’t seem to be understanding things during a phone call, this should have prompted careful explanations.
Martin says
Finally sat down and gone through DSAR paperwork from Amigo.
Should there be records of credit checks they did upon application? Nothing related to that in what they sent me.
Sara (Debt Camel) says
Yes there should be. Go back to them and ask if they did a credit check, if they did, why they haven’t included it in your SAR information.
Martin says
That’s what I thought, thanks. I had one loan and one topup but no evidence of credit checks supplied for either.
On a separate issue as it doesn’t really fit into any of the sections I can see on Debt Camel, could you advise on a Halifax overdraft?
Just wondering if there’s grounds for irresponsible lending complaint on an overdraft I raised from £900 to £3400 online instantly with a few clicks and no checks. I had existing long term financial problems, several overlimit credit cards, late payments, payday loans etc. I used the additional £2500 available to pay off some payday loans thinking it would be better to clear high interest debt. The remaining payday loans kept in in that borrow/repay cycle and soon had to reborrow to keep up with repayments so was back to the same position but now also paying around £100 per month overdraft charge (changed to around £140 per month last year with their charges increase). I was stuck paying the £100 per month charge and always fully overdrawn at -£3400 from 2010 until a payday loan refund last year cleared me back to a zero balance.
Should checks have been made for such a large overdraft increase?
Thanks
Martin says
Re-reading their final response, they seem to side-step any consideration for my poor credit history in their decision to approve the loan and top-up.
“Our loans are designed to help people that have been turned down for a loan elsewhere as they may not have built up a good enough credit history just yet. Our aim is to help borrowers build up a strong enough credit history to be able to borrow independently, from mainstream lenders. As an alternative lender, rather than basing our decision to lend to someone on their credit history or credit score, we instead ask our customers to provide a guarantor. A guarantor confirms they trust the borrower to pay and promises to make the payment if, for any reason, the borrower doesn’t. We also conduct a number of checks to confirm that both parties can afford to manage the repayments.”
“Before your loans were paid out, we checked your credit file to make sure that you weren’t bankrupt or on an IVA. However, we would not have declined you based on your credit history or credit score alone. As such, we were prepared to accept your application, so long as you demonstrated an ability to manage the loan repayments, alongside all of your other financial commitments.”
Martin says
They didn’t explain why the credit check was not included in the SAR. The file they have now forwarded simply shows my name, address at the time and date of credit check. I asked for further details so I could review the information they used from the credit check to approve the loans. They said they could not provide any more than this. Should they have a full record kept for the credit check?
I also had to ask them to forward details of the OI Check they quoted in their final response but was not included in the SAR. Again though, this just shows a date it was carried out and nothing else.
Sara (Debt Camel) says
I suggest you go back to them again and ask them to confirm if they have retained any further details about the credit check they performed on you in mmm/yyyy.
if they haven’t then you can tell FOS what they would have seen in this check!
Martin says
“I am unable to provide any further information regarding the credit checks. The document I previously sent showed that you passed our credit checks and therefore passed our initial eligibility checks. As previously explained, as an alternative lender, we would not have declined you based on your credit history or credit score alone. Therefore, we were prepared to accept your application so long as you provided a guarantor and demonstrated your ability to afford the monthly instalments.”
It sounds like they’re dodging the request and don’t want to show the bad credit they knew about but still approved loans on! I’ll definitely pass this on to the adjudicator when that time comes.
Thanks
David says
Are there any more positive result stories out there against the likes of amigo or 118 loans out there.
Sara (Debt Camel) says
Lots of success against 118, see https://debtcamel.co.uk/refunds-large-high-cost-loans/. There are a lot fewer Amigo complaints but some are in progress at the moment.
James says
Hiya.
I’ve had an ongoing complaint about Amigo with the FOS for a year. The adjudicator has told them that she’s sided with me for irresponsible lending and for them for refund all interest and charges I’ve paid on the 5 loans I’ve had.
They have kept coming back with more ‘evidence’ and the Adjudicators decision still hasn’t changed. She was expecting a reply from Amigos management today about if they accept her decision or not.
So fingers crossed I get the outcome I want. If you do have a complain against Amigo, keep pursuing it because they are the worst!
David says
Good luck please keep us updated on
Your case. When you say keep perusing it. What did you do. I put my complaint on for 5 loans in October and still have not been allocated an adjudicator
David says
Have they said why they have agreed with your case. What was your situation if you don’t mind me asking.
James says
Hello.
Amigo accepted the adjudicators decision from the FOS today. They have refunded all the interest I had paid, so now I’m left with a far less balance than I did yesterday.
I had an original loan of £3000 and in the space of a few months I had a loan for £7500, even after telling them I was in financial difficulties they still topped up my loan. They had done no appropriate checks and the FOS said that if they had, they wouldn’t of issued the loan, so they’ve told them it was irresponsible borrowing.
Originally the FOS upheld the entire complaint, but they came back with ‘evidence’ and the first two loans were not upheld.
They have refunded all the interest I had paid on the last 3 top ups. I borrowed £7500 and with what I’ve paid my balance is now £1300. The FOS told them to freeze the interest on my account.
Fingers crossed and good luck! Don’t give up :)
Ben says
similar situation to me – 5 loans in the space of a year. I submitted mine to the FOS in August and it has finally been allocated to someone this week. Hang in there
At the time of my 5th top up (3rd in 3 months) I has 22 open credit accounts with payday lenders/credit cards/overdrafts – all maxed out, all showing late payments. Loans id said id be clearing from previous amigo top ups were still open. Id even made late payments on previous amigo loans. They had the nerve to say to me in their final response that they note the amount of open credit accounts I had went from 24 to 22 over the period of my top ups so Amigo were having a positive effect on my finances.
Gareth Gough says
Hi James,
Did you have 1 loan and then top up 4 times? Over how long? What was the reasoning of the adjudicator? I am waiting to hear back about my Amigo loan so I am hoping will get a similar outcome! A loan in May and 3 top-ups by November 2017.
Also congrats great news!
James says
I took out a loan for 3000 in August 2016 and then had 4 top ups until £7500.
When you submit a claim to the FOS, an adjudicator will look at the complaint first. If the company doesn’t agree to it, then it’s sent to the Ombudsmen. If it’s sent to the Ombudsmen it would be made public, so they try to get it solved at the adjudicator level. I’ve just asked them to lower my repayments to £100 until I pay it off, seeing as they’ve been told they’ve irresponsibly borrowed me money, I’m hoping they will agree.
Good luck!
Lou7 says
Hi all
I have had my SAR off amigo. It wasn’t sent recorded delivery, it’s ripped in the corner and there is no disk. Shall I just email them or are they keeping the disk for when my complaint gets to the adjudicator? Any information would be really appreciated
David says
Same as mine. First class and damaged when arrived. And to make it even worse it was sent to the wrong house. They got my house number wrong so was sent to a neighbour to see. Even though all letters in the past had been sent to correct address.
Laurence says
My SAR document from Amigo came in a Royal Mail clear bag. The CD was gone and the flimsy brown envelope ripped apart.
200 pieces of paper and they send it in a cheap envelope.
I complained to Amigo they of course take zero responsibility
Laura says
Sadly I’ve had my Amigo complaint rejected by the adjudicator. (I had one loan for £2,500 followed by a top-up to £4,000).
“I’ve read and considered your email and reviewed your file again. I understand that you were in debt and defaulted on many accounts- these were taken into account and showed on your credit check.
Whilst I appreciate that these amounts are high, you told Amigo that they were on arrangement and you were paying small amounts towards clearing those debts. For example for the amount of £3036, the monthly repayment amount was £91.08 and for £9893 with £40 monthly repayment. And for the £892 amount, you stated that you were clearing this with the new top up loan.
Based on this information, when the monthly repayments were added up, you were able to afford the monthly payments for the top up loan. Furthermore, the reason why you were accepted for a loan despite your credit history was because of the type of loan being a guarantor loan.
After listening to the call between you and Amigo, they did in fact ask you why you defaulted on your accounts and you provided explanations and said it was bad budgeting.
Taking out further loans whilst you have an ongoing loan, doesn’t necessarily preclude a customer from receiving that loan.
Based on the information I have available, whilst I appreciate the difficulty you’re facing I can’t see that Amigo have lent to you irresponsibly.”
Sara (Debt Camel) says
Sorry to hear this. Is this a final decision from the adjudicator or can you go back with more infomration?
What you need to look for are discrepancies between what you said and what Amigo knew to be the case.
Do you have a copy of the credit record check Amigo did on you originally and for the top up? Do the monthly payments to your debts which show on there match what you told Amigo?
What reason did you give for the original loan? Was it to clear any debts which you had not cleared by the time you applied for the top up? Had any new debts or new credit problems appeared on your credit record between taking the first loan and the top up?
What is your current financial situation like and what is your guarantor’s – could they afford to make the monthly payments if they had to? (NB I am not saying they should, I am just asking.)
Laura says
Thanks Sara. I don’t have anything myself from Amigo (e.g. records of credit checks) so I can’t check, do you think it’s worth requesting these? This is the second email I’ve had from my adjudicator (I emailed her after her first response asking her to reconsider) but she’s not explicitly said the decision is final.
I’m lucky in that I recently got a promotion and large salary increase – so affording the repayments is no longer a problem. However it would definitely help my overall debt situation if I could get a positive result from Amigo!
Mark says
Laura,
Request all information and documentation that Amigo used when they processed your “affordability assessment(s)”.
This should include credit checks and income/expenditure calculator.
I have found both of these documents VITAL in winning my cases as all 9 of my lenders made crucial errors when assessing these. (e.g. one lender assessed that I had £180 ‘disposable income’, so their £165 p/m loan payment was affordable. However on the I&E they assessed that I was spending £5 p/m on food (I’m 16stone! :-), despite their own form advising them that the ‘minimum allowed amount, based on the national average was £75 p/m)
As Sara said you are simply looking for proof that Amigo had evidence at their disposal, that either reduced the income figure they used, or increased your expenditure.
GOOD LUCK and keep us posted.
Mark
Laura says
Thanks very much Mark! I’ve done that now so let’s see what they come back with. Not giving up just yet!
Best,
Laura.
Laura says
Hi Sara,
I got my I&E statement I submitted to Amigo (for the top up). In the ‘Credit’ section of outgoings it shows numerous credit accounts and my expected and actual payments for them. E.g. “Your credit file states that you should be paying £106.23 a month towards this debt. if this isn’t the case, we need to understand why”. And I put that I was paying £20 a month. There are 14 credit accounts like this, where I said I was paying a much lower amount than they thought I should be. Should they have asked for proof of this?
I also said I was going to be paying off my Avant Credit loan with the first Amigo loan (June 2016) but I hadn’t by the second (Jan 2017). Should Amigo have asked about this?
In the period between the two loans I also took loans out with Wonga (£684), Lending Stream (£800), Payday Express (£1810) and WageDayAdvance (£150), all of which had either late payments or defaults by Jan 17. So my credit record had actually got worse, not better. Should Amigo have brought this up?
(I also said in my I&E that I spent £10 a month on clothes, which seems a tad unrealistic!)
Thanks,
Laura.
Gareth Patrick Gough says
Hi Sara,
I have got all my info through from Amigo with calls, credit report etc. I took out a loan in May 2017 and had 3 top ups by Nov 2017 taking my loan from 2000 to 8250. Amigo only spoke to me about the first loan and did not ask me anything about my financial situation. They paid out without speaking to me on the 3 top ups (the larger amounts) which hopefully will stand my case in good favour. However it’s the credit report that Amigo carried out that is causing me worry. The credit reports they do did not show my CCJs one of which I recieved between the first loan and the 4th one. Also a number of defaults are missing. So if they were unaware they obviously could not ask me about it – the way their sliders work to be approved mean it’s hard not to be optimistic about incoming and outgoings so you can be approved. I have not heard back from the FOS yet but have been told February at earliest. Does anyone have any experience of Amigo missing things from their credit reports? How should I express my concern the the adjudicator?
Thanks,
Gareth
Sara (Debt Camel) says
“the credit reports they do did not show my CCJs” what exactly have you been sent by Amigo about these… Do you just see how they have added them to their system – in which case does it show that there are no CCJs or does it not mention CCJs? Or do you see what the credit reference agency sent Amigo about you? Which credit reference agency was it?
Gareth Gough says
Call credit. It’s the report from them. It has a section for public information where it might be but no record just my registration to vote on that section. It has also is missing a few of the accounts I defaulted on around the same time as the Amigo loans. I have two ccj listed on my credit report from experian etc.
Amigo also did a credit check on my after receiving my complaint so not at a point of application for credit…Is that normal?
Sara (Debt Camel) says
Have you checked against your Noddle report?
It’s fine – provided it was an administration check which isn’t visible to other lenders not a hard application search which is.
Gareth Patrick Gough says
The two ccjs show on my noddle report. Amigos call credit search leaves them off on all 5 credit reports they sent me. The search that Amigo when they recieved my complaint is listed as a credit application search on the Noddle report also.
Sara (Debt Camel) says
So the 2 CCJs show on your Noddle report but not the extra defaults? Is that right? The extra defaults may be from lenders that do not report to CallCredit. But CCJs are reported to all credit reference agencies.
The fact that the 2 CCJs are not showing should be included in your complaint. Either Amigo is not requesting this information from CallCredit – and it should – or there is something wrong with its system.
Gareth Gough says
the extra defaults do show in noodle also. I have had a re-look at the 5 call credit reports that Amigo sent me and I can see the small arrow that expands a section has not been clicked. They are obviously printouts from a webpage. I assume the ccjs will be listed there but just not expanded on my copy of the print out.
I had one loan and then top upped 4 times Amigo spoke to me on the first loan and did not ask about defaults or ccjs. On the 4 top ups they did not even speak to me and just paid out. I hope that will help and not hinder my case?
Sara (Debt Camel) says
ok, then go back to Amigo and say you have not been sent a complete copy of the credit checks they performed on you – say your Noddle report at the time would have showed CCJs and other defaults – mention the “small arrow” – ask them to reprint and send you complete copies in accordance with your request for all your personal infomration.
At the same time say they have incorrectly added a hard application search to your credit records and you would like that removed and compensation paid for it.
You could add – but only if you feel it would be an acceptable result – that although you feel the original loan was unaffordable you would be happy to settle your complaint on the basis of a refund of the interest on the 4 top-ups, not the original loan, and an affordable payment arrangement for the outstanding balance if one remains.
Ben says
Success!! My Adjudicator took less than a week to come to the conclusion I shouldn’t have been given the loan! Get in there!
I had 1 loans and 4 top ups over a 12 month period from Amigo. top ups went from £750 to £3k – I told amigo each time I was paying debts off with every loan/top up – I wasn’t, and the adjudicator has said they should of noticed this, my debt was getting worse not better. I wont get too much back as every time i topped up i paid the old loan off (most recent top up was October) For me its more about reducing the monthly payment and relieving the stress on my guarantor
I expect Amigo to argue this to the hilt as i have had some really bad run ins with them over the past few months but its a massive step in the right direction.
good luck all
Gareth Gough says
Hi Ben,
That’s is great news! It seems as though a little bit more success with Amigo is happening (hopefully anyway) I still waiting for the FOS. How many loans/top ups over how long? What did the FOS say?
ben says
1 loan 4 top ups over a year. i went from 500 to 3250 in the space if 4 months. Loans i said i was paying off with previous top ups were not being paid off, The FOS said amigo should of realised my finances were getting worse and not better after every top up. I had high levels of debt and in total 22 open credit accounts. The FOS said this should of prompted amigo to request bank statements as a minimum.
James says
Hi Ben.
Amigo accepted my complaint with the adjudicator yesterday for the same reasons. Refunded all the interest id paid instantly.
Jane says
Fantastic result Ben-really pleased for you…you’ve given many of us here waiting for a response from the adjudicator a little hope!
ben says
Hello again
Can anyone work out where i stand – i borrowed £3,250 over 60 months (total owed £7680)
I have made 13 payments so far totalling £1,664
if Amigo agree with the FOS will that £1664 just be deducted from the principal balance and i’m left to pay the remainder?
thanks in advance
Sara (Debt Camel) says
Did FOS say that all loans and top ups should be refunded?
ben says
just the top ups, however all top ups were taken out after one payment was made on each of them so pretty much zero interest on these (with exception to the last which has been running for 13 months)
Sara (Debt Camel) says
So that means that you should pay the interest on the first loan. I can’t tell if your calculations have allowed for that?
ben says
Amigo have accepted the Adjudicators decision, took them 2 days!! I have a choice of £1700 in my bank or reduce my remaining balance from £3250 to £1550.
Sara (Debt Camel) says
good – if you want an affordable payment arrangement for the balance you need to propose that now and get it agreed – if Amigo ignore you or refuse, go straight back to your adjudicator.
Anthony says
I had the same outcome as you and Amigo wouldn’t reply to any of my emails asking for a reduced payment.
The adjudicator contacted them and instantly had en email saying that would accept my £100 offer instead of £295.
Great news for you!
Ben says
Thanks fore the update Anthony – will your reduced payment plan of £100 a month clear you loan within the original term of the loan? or have they accepted a longer term
Cheers
Sara (Debt Camel) says
It shouldn’t be relevant what the original term of the loan is, what matters is what you can afford to repay. Having said that, I do suggest people try to clear the loan reasonably fast just so they never ever have to deal with Amigo again!
Anthony says
Hi Ben.
I had about 4 years left on my oringal loan. This will be cleared in 12 months at £100 pm.
Laurence says
Sounding like there is some very positive news for a few people coming from the FOS about Amigo in the last few weeks ….. Gives us all hope that have cases sat with the FOS
Lou7 says
If you set up a payment plan with amigo do they inform the guarantor?
Sara (Debt Camel) says
is this after you have won a complaint? Or before?
Lou7 says
Hi Sara. Before, my complaint has only just been acknowledged and they are waiting for the business to send info before they can start looking into it.
Sara (Debt Camel) says
So it is with FOS. If you ask for a payment arrangement now, Amigo will go after your guarantor for the rest :(
Have you specifically said in your complaint to FOS that you want an affordable payments arrangement if there is a balance left owing after a refund? If not, make this clear to FOS. This is to prevent the daft sort of hassle a few people are having at the moment when they have won their case.
Lou7 says
Ok thanks for the advice Sara. No I haven’t said that to them so I will send that through to them via email just so they are aware. Thanks again Sara.
ben says
So my original loan was for £3250 – I have paid £1700 of interest so far which is being paid into my bank account – Amigo are saying after i have been refunded I will have a balance of £3500 remaining. Am i right in thinking this is incorrect. How can my outstanding balance be higher than the original loan amount when all interest (past and future) associated with it has either been refunded and taken off?
Amigo are also saying they expect me to make the full monthly payments too! The whole point of my complaint was because its UN-AFFORDABLE!
My adjudicator says i need to raise this as a new complaint
aaarrgarrgghhh!!!
Sara (Debt Camel) says
I did say that I thought the refund calculations would be more complicated than you expect. That doesn’t mean that Amigo have got this right. Can you ask for a breakdown of how this has been calculated from Amigo and tell the adjudicator you don’t think it is right.
While you are waiting for that, get your own figures together.
– first loan – how much did you borrow? What interest was then added to give the first loan amount? what is the total of payments you made to this before the top up?
– the first top up? How much did you borrow? How much of this was used to settle the first loan, how much “cash” did you get and how large was your loan then? What payments did you make to this before the second top up?
– the same for the other top ups.
In your original complaint, did you ask for an affordable payment arrangement to be set up for any remaining balance? (it just changes what you say now if you did or if you didn’t.)
David D says
I hate to burn down the optimism about Amigo complaints here, but having just looked through the FOS decisions webpage I didn’t find any complaints that were upheld simply for irresponsible lending due to affordability.
and none of the decisions I read had detail which claimed they didn’t perform sufficient checks.
I may have performed the search incorrectly, but could anyone shed any light on this for me please? I submitted mine earlier this week but having read up on that site I’m not feeling too confident, although I do have them on a couple of things such as…
“as a responsible lender we took it upon us to conduct a thorough check on your Guarantor as our internal systems did not provide a sufficient response…” so in that respect, why didn’t they perform a sufficient check on me?
also, I don’t think their response had detail of forwarding my complaint to the FOS so i’m waiting on some more info back.
still repaying the loan until 2020, so i’m keeping allsorts crossed!
Sara (Debt Camel) says
So far as we can see, Amigo is currently accepting at the adjudicator level any decisions on affordability which it loses. This means that they do not get published.
David D says
Ahhh I see, many thanks.
Apologies for upsetting the mood of the users here! :) good luck everyone.
Sara (Debt Camel) says
No problem – it’s good to be sceptical and think about things you read on the internet!
Gareth Gough says
Hi Sara,
Thank you so much for the advice so far.
I asked Amigo about why the public information part of each credit check was minimised and they said “We won’t have expanded the Public Information as it’s not relevant to your agreement” i.e. CCJ checks etc are apparently not relevant to Amigo’s credit agreements!! Can that be the case??
Thanks,
Gareth
Sara (Debt Camel) says
Whether it is relevant or not, it is personal information that Amigo hold about you and you are entitled under GDPR to see it when you make a request for all your personal information. Go back to them and point this out. Repeat that you want a copy of ALL your information whether or not Amigo think it is relevant.
And yes, of course CCJs should be a factor in a lender assessing affordability.
Gareth Patrick Gough says
I pointed this out and they emailed complete reports it also contains the names and dates of when people have lived at all the addresses I had listed before I lived there, while and after!! So I think that’s quite a data breach!
Sara (Debt Camel) says
I wouldn’t bother to complain about that – it’s important to actually focus on what will help your complaint here, not get distracted by making other points.
Bill says
Hi Gareth, am glad you mentioned the breach of data, I do think it is relevant because Amigo sent me upon my requests! A copy of my agreement! Instead they sent someone else’s agreement, with guarantors and borrowed names, date of birth and how much they borrowed! Do send it into the FOS to back up your claim as it proves how unprofessional and careless Amigo loans really are!
Bill
Sara (Debt Camel) says
Unprofessional and careless, yes. But this will NOT help either of you to win an affordability complaint. Tell the FCA what you think of Amigo at the end of your complaint if you want, but focus on affordability issue to FOS.
Lou7 says
Hi all,
I have just listened to the disk they sent recorded delivery because it wasn’t in the envelope. On my top up I didn’t have enough money left after I had consolidated my debts and he kept asking me if we had miscalculated or missed anything out. Then I said I had savings and he said that would be ok then because they could add that in, but I didn’t have to prove it! Can I use that as a point if the adjudicator decides to agree with amigo?
Sara (Debt Camel) says
Were you asked how much saving you had?
So you said the top up was to consolidate some debt?
The original loan. was that also to consolidate debt? Was that what you used it for?
Lou7 says
He said so you have about £3000 between you then? (Me and my partner). yes it was to consolidate debt Yes the original loan was to consolidate debt too. Yes I did pay some stuff off but it wouldn’t have made a very big impact as I still had quite a bit of debt.
Sara (Debt Camel) says
OK about the savings. The FCA’s rules say:
CONC 5.2A.12R The firm must consider the customer’s ability to make repayments under the agreement:
(1) as they fall due over the life of the agreement and, where the agreement is an open-end agreement, within a reasonable period;
(2) out of, or using, one or more of the following:
(a) the customer’s income;
(b) income from savings or assets jointly held by the customer with another person, income received by the customer jointly with another person or income received by another person in so far as it is reasonable to expect such income to be available to the customer to make repayments under the agreement; and/or
(c) savings or other assets where the customer has indicated clearly an intention to repay (wholly or partly) using them …
CONC 5.2A.13R If the customer intends to make repayments (wholly or partly) using savings or other assets, the firm must take into account:
(1) the purpose for which the savings or assets are or will be held;
(2) the likelihood of the savings or assets being available to make repayments under the agreement; and
(3) any significant adverse impact on the customer’s financial situation of using those savings or assets.
So detailed questions for you – listen again to the recording if you aren’t sure.
Did you say early on that you intended to use the savings? Or only when it emerged that you didn’t otherwise have enough income?
Did you say unprompted that you had savings? Or were you asked if you had?
Did you feel you were being prompted to say you would use the savings in order to get the loan?
Were you asked if the savings were yours, or in a joint account or that you had some and your partner had some or was this just left vague? (Amigo cannot take into account any savings your partner had unless they were in a joint account.)
Were you asked what the savings were for or where they were being held, so how easy it would be to access them, or why you could not use them to pay off the debts you want the Amigo loan to consolidate?
Sara (Debt Camel) says
About what you used the first loan for. (This is separate from the point about savings).
The point here is if you said you were going to pay off debts X, Y and Z, or all your payday loans, and then when you applied for the top up then if a credit check would have shown that you had not used the money for that, Amigo should then have asked why not and been much more careful about approving the top up eg looking at bank statements.
Lou7 says
I know for a fact he didn’t ask me about where my savings were kept and if it was a joint account. I think savings were mentioned when he said I wouldn’t have enough money to pay what I said I was going to pay. I didn’t give an amount but he said so you got about £3000 then. But I will check again.
Lou7 says
Hi all
What is the waiting time for adjudicator to pick up complaint? I have sent my amigo complaint in 18th December.
jane says
Hi Lou,
Hope you are well.
I sent my complaint to the FOS on 30th October 2018.I didn’t have SAR back from Amigo (I allowed them 9 weeks).
I sent the FOS a covering letter explaining this and also supplied further details and asked if I could supply further information at a later date.
I had a letter from the FOS mid November and an adjudicator appointed on January 21st.
They were very nice and have asked for various bits of information all of which I fortunately have.
Keep the faith!
I know they are inundated but,I was quite pleased at the time frame,given the huge amount of claims.
Best wishes,Jane😀
Lou7 says
Thanks Jane. I will just have to be patient I suppose! I know they have loads because the adjudicator said that when I asked for an update. I have had an initial letter from the FOS saying they have received my complaint and someone will be in touch in 12 weeks but I know lots of people have waited a long time.
Matt S says
The wait is sometimes the worst part and there seems to be no rhyme or reason to it. After reading the above post from Jane I’m slightly confused. I made my complaint online at the start of October, hadn’t had any acknowledgement or contact at all so sent them a message last week asking for an update. Received a reply around half an hour ago saying that it was with the admin team waiting to be assigned to an adjudicator, but that in the interest of fairness to all customers complaints are progressed in order according to the date they arrive with the admin team.
I assume by this that although I submitted my complaint almost a month before Jane it must have not been picked up by the Admin team until after Jane’s. Wonder why that would be!!
Hopefully i’ll get assigned an adjudicator soon though. Not sure how hopeful I am although there seems to be more success stories coming out recently which is promising.
Jane says
Hi Matt,
I totally agree there does seem to be some discrepancies on when cases are picked up. I am waiting for four further cases to be assigned and some of those were submitted in September. My case with MYJAR seems to be way behind some others….I wondered why also!
I did supply lots of info to the FOS re Amigo when I submitted the info in October. Does that make a difference?!No idea as I respect you may have done the same…Think they’re simply overwhelmed.
Do hope you get some progress soon and better still a good outcome!
ben says
I sent mine to the FOS in July and it was picked up last week, Amigo have paid me my interest back yesterday.
David says
What was your story with amigo Lou?
Lou7 says
Hi David,
I have had several loans over the last few years. But I had one for £5,000 in 2015 and then 14 months later I had a top up to £7500 but I only had £3,024 left after I paid back the previous loan. By the time I had paid off 2 debts with the first loan I was no better off and I don’t think I should have been given the top up either.
Lou7 says
Thanks Ben. Glad you had a good result from them. I will keep my fingers crossed for me and lots of others in the same boat!
Mark says
Lou7,
I sent mine 24/9/18.
I’ve received the standard acknowledgement letter with FOS complaint ref. no on 27/10/18.
Received nothing since.
I’ve just emailed the FOS (using their enquiry form), requesting an update on this (and 8 other cases). Will come back and update you when I hear something.
brendan guntrip says
Hi
On july 2018 i took out amigo loan 2500 pound at the time i had lot of cc and payday loans then in sept 2018 i got top up 1500 pound but at the time one of my cc was in arrears which they asked about at the time but still gave me the top up with out any proof of income.
can i make complain to amigo for irresponsible lending do i have a chance to win the case.
Sara (Debt Camel) says
Getting a top up after only 2 months is very soon – I think Amigo should have checked carefully if your financial situation had got worst.
You can certainly complain – some of the easiest cases to win are ones where there has been a top-up. Make sure you say in your complaint that if your complaint is upheld, you would like Amigo to deduct the interest from the outstanding balance and allow you to repay the remainder at a more affordable rate.
Your guarantor – could they afford to pay the repayments if you don’t? I am not suggesting you stop paying, but if you know this would be impossible or very difficult for your guarantor, you could encourage them to put in a separate complaint and ask to be removed as guarantor – link in the article above for how they can do this.
David says
Amigo have just sent me an email telling me that some of my personal information may have been accessed by another customer. Has anyone else had an email like this.
They are offering me £75 in way of compensation
Sara (Debt Camel) says
OMG. I suppose at least they have told you :(
David says
I know. But do I have any rights ? Will this help my case and should I accept £75 or demand more for breach of data protection?
Sara (Debt Camel) says
It won’t help you win your affordabilty complaint – that decision will be based on whether the loan was affordable for you and whether the lender should have realised this and not given you the loan. However badly they behave in the complaints process doesn’t affect that.
But you can ask FOS for extra compensation for poor complaint handling.
Your SAR was sent to the wrong address. Do you think this £75 is in compensation for that, or is it for an extra breach?
Miss W says
My complaint is still with the FOS. The adjudicator was in favour of amigo however because it wasn’t a final decision i asked for a ombudsman to look at my complaint which is still in process. I have received SAR request today without the discs. I need to go through thoroughly the information, however it has confidential information on there about the borrower. Is this breach?
Thank you
C
Gareth Patrick Gough says
Fingers crossed! Do you mean it has info about other people? This happened with me? Doc the adjudicator say why they sided with Amigo? How many loans/top ups did you have?
Thanks,
Gareth
Miss W says
i am a guarantor for a loan, and the borrower tried to take another top up loan in october however i declined this and she forged my signature on the online system. I said this to amigos as i originally lodged my complaint in September 2018. They seem to think that amigo hasnt acted unreasonably, however i have said that my expenditure was incorrect and they could never take into account my over time, they should have asked for pay slips etc which they didnt.
Sara (Debt Camel) says
Ask Amigo for the phone recordings again.
If it is a breach of data protection, it won’t really help your case. I suggest you ignore this.
Laura says
Hi Sara,
I got my I&E statement I submitted to Amigo (for the top up). In the ‘Credit’ section of outgoings it shows numerous credit accounts and my expected and actual payments for them. E.g. “Your credit file states that you should be paying £106.23 a month towards this debt. if this isn’t the case, we need to understand why”. And I put that I was paying £20 a month. There are 14 credit accounts like this, where I said I was paying a much lower amount than they thought I should be. Should they have asked for proof of this?
I also said I was going to be paying off my Avant Credit loan with the first Amigo loan (June 2016) but I hadn’t by the second (Jan 2017). Should Amigo have asked about this?
In the period between the two loans I also took loans out with Wonga (£684), Lending Stream (£800), Payday Express (£1810) and WageDayAdvance (£150), all of which had either late payments or defaults by Jan 17. So my credit record had actually got worse, not better. Should Amigo have brought this up?
(I also said in my I&E that I spent £10 a month on clothes, which seems a tad unrealistic!)
Thanks,
Laura.
Sara (Debt Camel) says
“There are 14 credit accounts like this, where I said I was paying a much lower amount than they thought I should be. Should they have asked for proof of this?” they should certainly have looked closely at it. If you had put £100 and your credit record said £106, that would be fine. But £20 is very different and if there are many of these they mean the loan will be less affordable than it looked from your application. This is the sort of situation where checking your bank statements could have verified what you were paying.
The FCA rules say 5.2A.36 A firm must not accept an application for credit under a regulated credit agreement where the firm knows or has reasonable cause to suspect that the customer has not been truthful in completing the application in relation to information relevant to the creditworthiness assessment.
“I also said I was going to be paying off my Avant Credit loan with the first Amigo loan (June 2016) but I hadn’t by the second (Jan 2017). Should Amigo have asked about this?” yes they should have done. Again it suggests that there was something wrong with your first application – which should have made them look at the second one in more detail.
“In the period between the two loans I also took loans out with Wonga (£684), Lending Stream (£800), Payday Express (£1810) and WageDayAdvance (£150), all of which had either late payments or defaults by Jan 17. So my credit record had actually got worse, not better. Should Amigo have brought this up?” Definitely! Anything that showed the first loan may have made your finances worse needs to be taken into account when giving you a top up.
“I also said in my I&E that I spent £10 a month on clothes, which seems a tad unrealistic!” Indeed! This sort of thing doesn’t matter for a payday loan lasting a few months. But for a loan of several years like amigos, the repayments have to be sustainable over the whole length of the loan.
I suggest you write all this lot out and send it to your adjudicator. Ask for the case to go to an ombudsman if the adjudicator doesn’t change their mind.
Laura says
Hi Sara,
Thanks so much, that’s really helpful. I’ve sent this info to my adjudicator.
Tim says
Hello,
I had a guarantor loan with Bamboo for £4k which i paid off (interest totalling 4k or so). I complained that i shouldnt have been given the loan due to the fact i had a severe gambling problem which had meant i very frequently used payday lenders to fund the habbit and get by.
Bamboo replied with a huge email of the checks they do but skimmed over the part where i had 60 prior payday loans in my credit file and 2 of which had arrangements to pay flagged on them – there were no other defaults or anything.
On paper it looked like i could afford the loans but if they had seen my statements they would not have given the loan (and they admitted this in their response) due to size of my gambling problem.
Do i have a leg to stand on here? Should Bamboo have asked to see my statements due to the sheer quantity of payday loans on my file in the past? If so i would not have been given a loan.
Is it worth referring this to FO?
Sara (Debt Camel) says
When you applied for this loan, were you asked to list your other debt payments? If you were, and if your credit record showed that you actually had a lot more debt, then this should have caused Bamboo to ask more questions eg to see your bank statements.
Also I think you have a good point about the volume of payday loans – but the point that your application did not match your credit record is stronger.
Yes i do think this sounds like a case to go to FOS.
Tim says
I did quote the payments i was currently making to debts but they were not in line with the information they quoted on my credit file (which they highlighted in their response). They said based on my file they could see existing credit arrangements and the amounts i pay plus they calculated what they expected i should be paying on my outstanding Credit Card balances – they totaled this all up to £575 pm which was definitely not what i told them when i applied.
Do you think the above inconsistency along with the 60+ payday loans in my history (over many years however) would be enough to argue they should have requested my statements?
Thank you
Sara (Debt Camel) says
Is this £575 what the debts on your credit record added up to? Have you added that up to check?
How many payday loans did you have when you applied? how many had you taken out in the last year? old ones won’t help a lot.
Tim says
The £575 was made up of £300 (as per credit file) and then £275 their own estimate of what i would be paying for “debt servicing” on my credit card balances. I would have provided a lower figure in my I&E form in both cases.
In the year i took the loan out i had only had 4 payday loans (none active at the time), however 2 of these had “arrangements to pay” on them as i couldnt pay them in time. I can see this on my credit file however they said in their response they didnt see any evidence of late payments.