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
Lauren says
So after 12 and a half weeks I emailed Amigo asking for an update regarding a final response or even another extension time frame. To just be told ‘ we have no update we will give you a response when we can ‘ not even an indication of how long that wait could be. Thankfully already sent to ombudsman, at this rate will hear from them before Amigo! Such poor handling.
S says
Hi Sara,
I have a query I am wondering you may be able to guide me with please. My complaint has not been upheld and is currently with FOS. My guarantor who is my sister also has her own complaint ongoing with Amigo loans. Today they attempted to take payment for this months monthly repayment from my account as well as my sisters account. The payment from my account did not go through as there wasn’t any money in the account. However they collected it from my sister so she phoned them and explained she asked in her complaint email that she wouldn’t like any payment to be collected from her until she hears a final response in regards to her complaint. During this phone call, the worker at Amigo loans (who was extremely rude and abrupt to my sister) has emailed my sister a lot of my information. She has emailed her a copy of the final response sent to me for my complaint, she has also emailed my sister a copy of the mental health questionnaire and another correspondence email of mine.
S says
My sister explained this is a breach of confidential information and asked to speak to a senior member of staff but was refused. The worked explained she will forward her breach to the breach team who will call my sister. My sister has not received a call. But I am just really concerned and shocked at how they sent my personal and confidential information to my guarantor. I don’t even know why they have done this. Is there anything I can do about this? I suffer from depression and anxiety and Amigo loans is honestly affecting my health. I really don’t appreciate my personal information being sent to someone else. Also in my initial complaint email I requested please do not discuss my complaint with my guarantor.
(Had to comment separate as it wouldn’t let me post my comment for being too long)
Sara (Debt Camel) says
HI S,
So sorry I didn’t see your comment last week,
I am shocked at this. They should not have shared your MH questionnaire unless you clearly gave them permission to do this. I think you should phone up FOS and explain what has happened and how you have mental health problems and Amigo are making them much worse and ask if your case can be treated as a priority.
Also your sister need to cancel her DD so no more money can be taken if she can’t afford it.
Charmaine says
so I rang amigo yesterday and chased up my complaint, they haven’t even started to look into it, but they told me I’d get a response by the 10th of Feb (8weeks) I also cancelled my dd by accident so I asked them to set that back up and if there was anyway I could push this payment back a few weeks the guy kept referring to my original form saying I can afford to make the repayments ect. I never sent my bank statements off with the complaint, I’m going to do this today however it’s a joint account, we only have a joint account. And it’s constantly in the overdraft and we don’t have anything left in there. Does this affect my complaint?
K says
I chased amigo up yesterday as the 8 weeks for me is up on the 7th. Going by the fact people are still waiting at 13 weeks…i dont think we are going to have responses next week. They go in date order of complaints received & its looking like we’re going to have a long wait on our hands. Im sending to the fos on monday when the 8 weeks is up
AG says
I’m at 13 weeks tomorrow but went to FOS the day after the 8 weeks was up for this exact reason!
Sara (Debt Camel) says
it’s fine to show joint account statements. If they showed you couldn’t afford the loan you were applying for, that helps your case.
Danny says
Hi. With amigos looking to sell up will this effect my claim do you know? Thanks.
Sara (Debt Camel) says
I don’t think it will have any impact on your complaint.
Emma says
I have just put in my affordability complaint to Amigo. Just downloading bank statements now. Can I check- do I send statements as they are or highlight any gambling activity (I used paypal to pay for these as well as from my card)? Do we cover transactions not relevant or just send the whole statement?
Sara (Debt Camel) says
Send the whole statements as they are. This what Amigo would have seen if they had bothered to ask at the time. Gambling isn’t the only reason these complaints are being upheld, lots of people with no gambling at all win them.
Emma says
Thanks Sara. Next question. My guarantor has made a few payments on my behalf- I still have a balance outstanding (taken 2 top up loans out since original loan in 2014)- payments made by guarantor are made back to them- is this all their payments- or once any payments have been taken off the existing loan? If the first is the case,can the guarantor email to confirm they are happy for these to be kept to offset the balance? I’m slightly confused!
Sara (Debt Camel) says
This is what normally happens:
– if a loan is decided to be unaffordable, then all payments the guarantor made are refunded to them, this increases the amount you owe on these loans
– but as interest is being taken off, you are nomrally still a lot better off if they only made a few payments.
– the gaurantor will be asked if they want the payments refunded – if they say No, then you are going to get a larger refund / lower outstanding balance.
If this is a VERY unusual case and you could be worse off if the payments are refunded even after interest is taken off then you can argue that you should be treated differently. But it doesn’t sound as though that is likely for you.
PS if you guarantor made any payments to a previous loan, that is very good evidence that Amigo should have stopped lending to you!
Emma says
Thanks again. Yes, they did. Plus my last top up I was late on several payments, plus it was a jump of £200 a month on payments 😮 my guarantor was also my husband.
Lou7 says
Hi all,
Just a quick question. As amigo disagreed with many adjudicator decisions? They have been sent the decision today by the adjudicator but a payment is due a week tomorrow. Any info would be appreciated
Sara (Debt Camel) says
No!
Of course yours may be the first, but so far they have always accepted an adjudicator decision – although they sometimes come back and argue a bit first. I don’t think they want these cases published so they would rather pay up than have them go to an Ombudsman.
Sarah says
Hi we took out a loan with George Banco to pay off other loans including a large amego loan, we now have an affordability complaint with George banco and they have just sent us a SAR it says in there that the guarantor paid off amego, this is a lie as we had this loan on top of amego, it was the purpose of our loan from George banco,(we paid amego strait off with this loan) they also says his wage is £1500 when it’s only £1200 also says he has no dependents but we have 5 between us 2 of mine that live with us, my question is do I raise these quierys now or wait to see what they come back with from initial complaint . Thanks I’m advance Sarah
Sara (Debt Camel) says
Did you have a conversation with GB before getting the loan or just applied online?
Sarah says
Online but they did call my partner briefly to confirm things, they also called his work quickly to confirm he worked there that was it
Sarah says
Hi not sure if my comment was missed or is there no advice, thinking it’s best to just wait for threre respnonse?
Sara (Debt Camel) says
Although you can just wait for their response, I think it’s worth sending them an email Say this is to add to your complaint as having cheked the SAR info they have sent, there appear to be some errors. Then list them – don’t say “this is a lie” just keep it nice and factual, what happened. I don’t know if they will read what you send them at the moment, but it’s worth a try.
Sarah says
Ok i will do that, Thankyou for your help 😀
Karl says
I’ve sent a request to Amigo today and got this response appropriately 1 hour later—
Good Afternoon Karl,
Thank you for your email, I’m sorry to hear you’re unhappy with your loan.
Due to what you’ve advised, I have raised a complaint on your behalf. Our Customer Relations Team will be in touch within 3 – 5 working days.
To aid our investigation, please can you send us the following bank statements prior to each loan that your complaint relates to. If you are unable to send bank statements we will complete our investigation using the information that we already have:
1 month before the loan was paid out
The month the loan was paid out
1 month after the loan was paid out
I’ve also raised your subject access request and passed this to the relevant team. Please be aware that we have up to 30 days to send you this information.
————————————
I no longer bank with the same company I was with at the time and changed over a few months into my loan term, also all old bank statements have been shredded from previous as current bank uses online to view, will me not being able to send change the outcome as they say they’ll use what they had at the time? Thanks
Sara (Debt Camel) says
Just let them carry on with the complaint then BUT you need to contact your bank and get these statements from the closed account. This can take a while so do it now as you will need them if the case has to go to the ombudsman. For your current account, you can usually download an online statement and save it?
how many loans did you have from them?
Karl says
I don’t have access to to the online for them anymore it says I need to ring for access, I’ve only had the 1 loan from them which I finished paying at the beginning of the month after 5 years,
Christopher says
Hi Sara
Hope you can help. I had a amigo loan of £5500 over 60 months. I was paying £217 a month. If I win my refund what would i be expecting to get back roughly. Also could you send me a link for a template for this. And if i get the refund does it go to me or my guarantor.
Thanks
Sara (Debt Camel) says
have you finished paying the loan? Did your guarantor make any payments?
Christopher Orourke says
Yeah the loans been paid. My guarantor made a couple of payments.
Sara (Debt Camel) says
if you had more than one loan, I need know for each loan:
– how much you borrowed, if it was a top up how much you received in cash, how many pyments of how much you paid (eg 34 * £189) and if you paid any other settlement amount (apart from from the next top up loan)
and also some indication of how many payments your guarantor made to each loan.
Sorry it’s a lot.
Payments are usually refunded to your guarantor unless they say to pay it all to you. Which they should if you have since repaid them…
Christopher Orourke says
I had original 3k paid 12 * 158 I think. Then topped it up to 5.5k and paid 60 * 217.
Guarantor paid about 6 payments of 217. I dont speak to my guarantor now so is there a way around that
How much do you think I would be entitled to. I myself was gambling at time and was only earning 900 a month. Thanks
Sara (Debt Camel) says
I need to to know how much of the top up loan you received in cash
Also you say you paid 60 * 217 – but did you or did your guarantor pay 6 of that 60?
Craig foster says
Can anyone tell me how long from start to finish the claim took before payout? Also how many of you have got all money due without going to the Financial Ombudsman? Thank you. I’ve had over £10,000 in loans and had gambling problems which clearly show on my bank statements so I’ve submitted a claim today
Sara (Debt Camel) says
you won’t hear anything before 8 weeks. At the moment Amigo (is the lender Amigo?) is usually taking a few weeks longer, but it’s hard to predict whether they still will be in a couple of months time.
Amigo is upholding a reasonable number of these complaints. It was almost all a few months back, but now they seem to randomly be saying No to some perfectly good cases. or only accepting a few loans not all – how many loans did you have?
Once they say Yes, the numbers are normally sorted and paid in a week or two.
PS I hope you sent in bank statements with your complaint.
Craig says
Thank you for replying. Yes loans were all with Amigo and I had 3 in total. 1st one in 2011 for £3000 then a new loan in May 2015 for £5000 then a top up in June 2016 for £7000. My last Payment is in February. Yes bank statements have been sent also, nearly every transaction is gambling ( which I now have under control) so I’m hoping this goes in my favour.
Craig says
Also after emailing the complaints department I had a response within two hours saying my complaint has been raised and I will hear from customer relations in 3-5 days . Is it normal to get that email then not hear from them for at least 8 weeks
Sara (Debt Camel) says
You should be sent the personal information you have asked for after a few weeks. then nothing until 8 weeks … or longer…
Cherie says
I had a further email from amigo after contacting them to say that I should have a response by the end of next week .
By that time I will have been waiting 14 weeks 2 days.
Anyone that has went to the fos how long did you wait between initially contacting them and someone looking at your case?.
Julia says
Hi – just jumping in here with a quick question. If there’s a refund from Amigo does it go to the Guarantor, even if they’ve never paid a penny??
Sara (Debt Camel) says
No! refunds to the guarantor are only of the amounts they paid. If they haven’t paid anything, they don’t get anything :)
Nick MB says
Hi, Sara.
I’ve submitted a complaint to Amigo at the beginning of January, and would like your input.
I took out a loan in May 2018 for £3250.00 and topped up to £4250.00 in July 2018, then £5000.00 in September 2018.
I took out the loan to clear other debts, and Payday loans, however, I had a severe gambling addiction, so I ended up borrowing again, and back to square one.
I have kept up with payments at the expense of other outgoings (although these are mostly sorted now) so does it sound like I have a reasonable case?
I have provided bank statements, and my partner is my guarantor.
Thanks.
Sara (Debt Camel) says
Quick Tops ups and gambling – I think that sounds like a good case! I hope you have sent bank statements to Amigo.
Your partner may also have a good reason to complain as guarantor (did Amigo take into account properly that if yiu list your job she would have to pay all the household bills?) but as you sound to have a good case you could leave that for now.
Joe says
Hi,
I have just started a complaint against Buddy Loans for a loan I took out in 2017. I have maintained repayments, and still continue to do so but it’s a struggle for me. I was already in a DMP when I took out the loan for other debts. I have a response from them, requesting bank statements. My concern is that I changed to a different bank so not sure I can access old bank statements from my previous bank account?
I will still continue to make payments to Buddy Loans, as I do not wish my guarantor to be left with the debt but still think their lending is irresponsible in my circumstances – they flagged up defaults and late payments on the phone call before they paid out the loan but accepted my very wooly response for these, without further investigation…i.e looking at bank statements…
Does anybody have any experience with refunds from Buddy Loans/the process of complaints?
Joe says
I would add that I am making payments at the expense of priority bills at the minute too, and luckily have just ordered a load bank statements from 2014 – 2019 for my old bank account. I am just not sure if I have any chance with my complaint, as I imagien they will turn round and say the point of them offering guarantor loans is because they know borrowers will have poor credit history, so could technically get around the fact I had late payments and defaults showing when they would have done a credit check.
Steffy says
Hi Joe
Buddy outright rejected my complaints for 2 loans from 2016 & 2017 and when I asked if bank statements would help they stated:
Having re-reviewed your complaint we still do not believe bank statements were required at the application stage we believe the checks outlined in your Final Response Letter were reasonable and proportionate. It would have been disproportionate to request such at the time of the application unless we come across information that would make such documents necessary, for example, your income verification had failed. As such, whilst we appreciate that your bank statements may indicate that you were in financial difficulty at the time of your application, based on the information we had available, and which we relied on reasonably, we believe our decision to approve your application was appropriate.
Maybe given your defaults etc and they had checked they wouldn’t have lent to you, hope you have some good luck with them!
Joe says
Thanks for this – interesting as in their response they’ve requested me to send bank statements.
I definitely had other debts and was in a DMP at the time, so I’m hopeful for a positive outcome althought I am prepared for them to completely throw my complaint out.
Did you not go to the financial ombudsman?
Tracey says
Hi Sara
My dad took a loan with amigo and got top ups then my dad went bankrupt due to other debts he had and amigo got passed on to his guarantor which is my sister. Unfortunately my dad passed away july last year and i am now paying the money for the loan. Is there anyway myself or my sister can put a claim in as amigo know that my dad had all these other debts that he could not afford
Sara (Debt Camel) says
Thanks for moving over :)
I understand why they have been chasing your sister, but why are you paying them? Just to help your sister?
Your sister can put in a complaint as the guarantor. There is a separate letter for that over on this other page https://debtcamel.co.uk/amigo-complaints-by-guarantor/ (sorry i should have sent you to that page in the first place! But here is fine to discuss guarantor loan situations.)
She can complain if the payments weren’t affordable for her from her income, not leaving her so short she can’t pay her bills and other debts.
She can also complain if Amigo should have realised your dad couldn’t afford the loan. Do you have any of his paperwork about his bankruptcy and other debts and bank statements that could help prove this?
Tracey says
I am paying it because me and my dad shared the loan when he got the money and my sister says its my responsibility to pay it because i used some of the money. I will need to have a look to see if i still have the stuff as we cleared alot of his stuff after he passed away
Sara (Debt Camel) says
When your dad went bankrupt, his part of the loan was wiped out. You have no legal responsibility to may anything. Could your sister afford the repayments?
Tracey says
Amigo told my dad the full loan was now my sisters responsibility. She could afford the payments but it was still myself and my dad paying it but the loan was now just in my sisters name and had nothing to do with my dad anymore but we were the ones paying it but amigo thinks it is my sister paying it
Sara (Debt Camel) says
Amigo were right.
Only your sister can complain here. You simply don’t have to pay this and Amigo won’t consider a complaint from you as it’s not their fault you are paying something that legally your sister should be paying.
You sister can complain because the loan was not affordable for her. Or because it was not affordable for your dad. Or both. Both is best if she thinks they are both valid complaints as it gives her two chances to win.
If she wins, she is removed as guarantor and all payments are refunded to her.
If she doesn’t want to complain because you are paying and she is fine with that, then the only thing you can do is stop paying. Sorry, difficult family situations these horrible loans cause.
lorraine says
Hi I took out a loan with amigo and I’m still paying it off, I’ve not long to go till it’s finished, i was on benefits when i took it out and my mother was my guarantor( she is a pensioner and doesn’t own her own home) and only has her pension, can i claim back anything from them ?
Sara (Debt Camel) says
has this loan caused you problems? getting behind with bills or having to borrow from other lenders as paying Amigo left you so short of money?
lorraine says
I had to borrow from family and let some other bill mount up do I could make sure my guarantor didnt have to pay, as all she has is her pension.
Sara (Debt Camel) says
This sounds as though you have a good claim. Use the template letter in the article above to send it in.
If you don’t want your guarantor to be chased you have to keep paying the loan while the complaint goes through.
good luck!
Rebecca says
Hi just looking for some information really.
So I had my son in 2018, officially stopped working in 2019, applied for amigo with my brother I’ve had two top ups and currently owe them 5,500
I get an average income of £550 a month and £240 in maintenance.
Recently the loan is becoming harder to pay, I do have a bit of a gambling problem which I’m really trying to stop
What I’m wondering is if I was to start the process of disputing my claim with it being unaffordable and the interest ridiculous where would I stand?
They never asked for proof of anything I don’t think? No bank statements.
Or payslips as I’m obviously not working. So me and my brother are both on benefits now and it’s starting to get difficult. Some help please?
Sara (Debt Camel) says
I assume your brother is your guarantor.
You can make an affordabilty complaint saying if they had checked your situation more carefully then they would have seen you could not afford the loan. Use the template letter above and change it to say you were on benefits and a single parent. Send copies of your bank statements before the loan and topups.
You aren’t complaining the interest is ridiculous 9although it is!0 but that the payments are too high to be afforded and Amigo should have realised this.
You need to carry on making the payments though while the complaint goes through or they will go after your guarantor.
BUT your brother is your guarantor? Would the payments for the lat top-up have been too high for him to manage at the time the top-up was given?
Rebecca says
Yes I’d say so, I don’t personally know what he gets as income every month but it’s around 250 a month to pay back the 5,500 so that’s a big chunk of my money every month.
I’m just starting to struggle.
What happens once I send the email? I’m useless at this type of thing.
Sara (Debt Camel) says
So just take this step by step and ask here if yiou aren’t sure what is heppening.
What normally happens is:
– you get a very quick acknowledgement that they have your complaint
– some people get phoned or an email a few days later asking if they can afford the payments. If you don’t want your guarantor to be affected just say you want to carry on with payments.
– after a few weeks they send you the “personal information” you asked for in the complaint. You don’t have to look at all that, you can just put it on one side in case it is later needed.
– after 8 weeks they should give a reply to your complaint but they are behind at the moment and saying they need more time.
So come back at 8 weeks and say if they have replied or asked for more time!
–
K says
Hi sara,
My complaint with amigo will hit 8 weeks this monday, the same day my next payment is due. Im sure they’re going to ask for an extension, but I will also get the ball rolling with the fos on monday too so at least i can start the process while i wait for amigo. How do I make the complaint to the fos? Is there a template or should I do it over the phone & what do I need to send them?
Sara (Debt Camel) says
Good plan K.
The article above has a section on this: If the lender rejects your complaint, go to the Ombudsman – that has a link to the FOS online form which is the best way to do this as it asks for little details such as your date of birth and if this is a joint complaint that they need to add it into their system. The reason you are complaining is what you put in your complaint to amigo. Say how many loans and top ups you had and how large. You are asking for interest to be removed, for your guarantor to be released and to be able to set up an affordable payment arrangement if there is a balance still owing.
Amigo should send you an email saying you now have the right to take the complaint to FOS but they are still looking at it. Attach that to the FOS complaint. Also send 3 months of bank statements before each loan and top up if you have them – if you don’t, send your complaint in anyway and set about getting the statements from your bank.
Danny says
Hi
Can i ask if anyone, when submitting a complaint to Amigo included old bank statements?
I am claiming against affordability as i was in a DMP when taking out my loans, relying heavily on payday lender (to support gambling). I was in a constant loop, borrowing to pay creditors back etc.
As a result of my bad credit, the back accounts i held at taking out the loans were closed – so i didnt send any statements with my complaint. Will this go against me?
thanks for any advice provided.
As a heads up, i submitted my claim to Amigo 10 weeks ago. After 8 weeks, they said they emailed and said they needed a further 4 weeks.
Sara (Debt Camel) says
You may win the complaint without. If you had several top ups and lots of payday loans this is sounding like a good case. I say to send statements as they help.
You can still get bank statements from closed accounts. This is a good time to set about getting them as they will be helpful if your case has to go to FOS.
Lisha says
Hi there,
I have come across this page after looking for wonga payment info.
I have had 4 previous loans with Amigo – all are now paid and closed. Would I still be entitled to try and claim?
Thanks in advance :)
Sara (Debt Camel) says
The article above looks at what “an affordability complaint” is for guarantor loans. You can make these complaints when all the loans were repaid.
If the loan payments were so large they caused you to get behind with bills or to have to borrow from other lenders then that sounds like a good complaint.
Lisha says
I have found some old correspondence where I have asked them if i can reduce my monthly payments, hopefully this will help. Need to get the bank statements as well.
After the fiasco with the wonga payments part of me is wondering if there is any point – but im trying to clear my credit card so anything would be beneficial i suppose.
T says
Hi all.
I’m officially on 8 weeks as of yesterday. I will now be escalating to the fos.
Just a little concerned I might not win my case.
I took a £500 loan with amigo in october 2013. This was then topped up in feb 2014 to £4,250. My husband left me in the July. I was really struggling to make payments. I was late alot of the time but my guarantor never had to pay as some how i managed to pull the cash together.
I did contact amigo during this time to ask to reduce payments. They simply refused saying i could afford it. I finally paid the loan off in august 2018. Later than I should of because of the late payments and me constantly changing the payment date in order for me to afford the payments.
I’ve had an email today to say I have to wait another 4 weeks.
My concern is that even though I was late paying my guarantor never had to pay and also I did not have continuous top ups.
Does this weaken my case?
Guess I’m just feeling a little deflated as I was hoping it would be sorted by now.
Thanks in advance for any info / advice given.
P.s. sara thank you. With out this site I never would of acted.
C says
I don’t think your case is strong enough here, you started off with a small loan that would’ve been affordable. Then you topped up to 4k which I believe was for 4 years? So your payments would’ve been under £200 Hm I could see it getting rejected.
Sara (Debt Camel) says
Lots of people have won complaints when all their payments were spot on time and they only had one loan.
Your first loan was very small – that may not be upheld. But the top up was large and Amigo should have checked it carefully.
£200 a month is unaffordable for many people! It’s not only the 10k Loans that are being refunded.
Lou7 says
Hi all,
Do amigo usually take two weeks to agree or disagree with the adjudicator only I am supposed to make a payment on the 5th Feb. Any info would be appreciated.
Sara (Debt Camel) says
I would hope they reply in time. What was the adjuidciator’s decision?
Lou7 says
Hi Sara,
The adjudicator agreed that loans 2-6 shouldn’t have been given to me. I couldn’t get the bank statements for loan 1 as I was with another bank at that time.
AG says
I’m in to week 13 of my complaint – just keep asking for an update, submit to FOS at 8 weeks and 1 day anyway, it’s hard but I’m still holding out hope! I’ve had an adjudicator at FOS assigned so I’m hoping by the end of next week I’ll have a decision either from Amigo or FOS. Good luck.
Angela says
Is anybody hearing from Amigo ? Seems to have gone extremely quiet over past week or so.
A lot of people waiting on responses yet hardly any stories of communication
Julia says
Not a peep from them. I’ll be at 14 weeks on Monday. Sent to the FO at 8 weeks.., certainly glad I did!
Cherie says
I’m still waiting ,I am at 13 weeks today ,I emailed them yesterday and had a response from them to say I should hear by the end of this week or the end of next week ,however I’m taking this with a pinch of salt.
Jo says
I have an affordability complaint in with Amigo which I only submitted 10 days ago, haven’t heard anything from them but I’ve just got my credit report and it says Amigo updated my credit file on 02/02/2020 … yes 2nd February 2020….with an amount which is different to what is showing as my current balance is on my loan … either I’ve been sleeping longer than I thought and missed a few days or as I thought we haven’t even got to February 2020 yet… just made me laugh as at least they are ahead in something even if it is only the date!
Sara (Debt Camel) says
it’s good to have a sense of humour , this can be a stressful time :)
Sara says
Hi, all!
Just an update. I complained on the 1st of Jan and I’ve just received my DSAR email saying that they had sent it on a password encrypted CD via post.
Anyone else get this?
Also, is this what I would need to send to the FOS when my 8 weeks comes and goes?
Thanks! Hope everyone is getting through this horrible waiting time better than I am 😂🙈
Sara (Debt Camel) says
yes this is normal. You don’t have to do anything with ti now. And you don’t have to send it to FOS, but some of the stuff on it may useful if your case goes to FOS. you can look through it now if you want or decide you will leave that as it may not be necessary if Amigo uphold your complaint.
Aaron says
Hi there I’ve had several loans with amigo loans and spanning over a few years they have asked for bank statements 1month before and two months after the loan but I don’t know the date do I have to send statements in to them also the last loan from amigo was 10000 over 24 months at 650 per month which has been settled in full do you know what I could be looking at refund wise
Thank you for your advice
Sara (Debt Camel) says
Sending statements means your complaint is more likely to be upheld directly without having to go to the ombudsman. And statements will be needed if Amigo say No and it has to go to FOS so if you don’t have them, this is the time to get them.
Can’t you tell the dates of the loans from your bank statements? Or look at your online accounts?
Aaron says
Yeah I’ve just got online statements so I can go through and find them do I send the date of the first loan start or the top up date
Sara (Debt Camel) says
For each of your loans, you need to send statements around the time of the loan. Each top-up counts as a new loan, so if you had 1 loan, 2 top-ups your send 9 months of statements, 3 lots of 3 months.
Aaron says
I’ve ordered all my statements from 2015-2019 when my loan finished as all way through the loans I had a lot of missed payments throughout the loans so I’m going to send them all to them to show how the loan affected me and all my payments as well as I think this will help prove my case do you think this is a good idea
Sara (Debt Camel) says
More info is always good.
Lisa says
Hi Sara
I have noticed on other comments that some people have managed to get all their Amigo Loans refunded. As you know i won my case for loan 2 & 3 but they rejected Loan 1. They have automatically refunded the interest against my current loan which left them needing to pay me £100. The fact they they have done this and I have sent my bank details to receive the £100 does this mean that I cannot take the Loan 1 complaint to FOS?
Julia says
I am now worried about Amigo’s lengthy delay in response given the current Wonga drama. Surely the financial PDL market will be observing what’s happened?
I’m at 14 weeks on Monday with Amigo.. and after today’s drama with Wonga I can only envisage everyone that’s ever had a PDL will try to claim.
Very worrying!
Luke Jobson says
I’m with Stepchange and was for approx 8 months before I got my loan, do you think I have a decent case?
Sara (Debt Camel) says
I think being in a debt management plan means the lender (was it Amigo?) should have been very concerned you would not be able to afford the repayments. Definitely worth a complaint.
RecoveredGambler says
I have sent all my bank statements to UK credit for my complaint.
3 months before loan 1 the is;
Ashamedly 16k of gambling deposited in those 3 months.
9k of income in those 3 months.
4 high interest loans being deposited into my account (Uk credit being the 4th)
The second loan shows gambling deposits of 9.7k with and income of 5.7k……this is 2 1/2 months worth as the final 2 weeks is missing.
Obviously some winnings went back in and some incomes form other sources are on the statements to add up to such an amount.
All the while it showed payments to multiple other creditors. Also on my SAR they didn’t check my credit file fully so didn’t show up other guarantor loans, they only run checks with Equifax…who the other loans didn’t report to! Surely they need to check it all??
Anyway, first loan for 6k;
£217.73 x 11
Topped up and £5685.88 was paid off the old loan and £3954.12 was made available to me as cash,
Total paid £8008.91
New amount;
£9640
£327.46 x 33
£6727.41 lump some to pay it off,
Total paid £17553.49.
Those are the overall transactions made.
How do you think my case stacks up or any pointers greatly appreciated
RecoveredGambler says
Evening. Quick update.
UK Credit, today, have upheld my complaints and are refunding interest on both loans.
This is the last day of the 8 weeks.
I did send statements into them. And to be fair, they weren’t difficult to deal with.
So here is the end!! And about 10k back.
So thank you for your advice, templates and time.
It’s so nice knowing it’s not going to be gambled away!!
Sara (Debt Camel) says
I suppose I can say good win! :)
it’s good to hear UKC have paid out directly too, not making you go to the ombudsman.
Joy says
Hi, question please.
So I’ve been terrible with my money. Buy this, buy that. A little extravagant if you must call it, but living pay check to pay check. Most of my bills are paid but a few are always late and not had a chance to actually clear and save.
My question is, I took a loan out with amigo and George Branco with my mum as a guarantor. She’s got a good/decent credit but I don’t clearly but this one I paid on time. Do you think I have a good case for this, is it worth trying? Does this affect my mums file?
Sara (Debt Camel) says
You complaining doesn’t affect your mum at all if you carry on making the payments wheile the complaint goes through,
I can’t tell how difficult the loans were for you. Have they cause you to struggle to pay them? Have you got deeper into other sorts of debt because you have had to pay the guarantor loans?
Only you really know if these loans were “unaffordable” for you. If they were ok, then you shouldn’t make a complaint.
Jasmine says
Hi I got out a TFS loan for 6500. I paid the loan paid early as I was struggling with the repayments as my parents lent me money to get rid of the interest. After 1 and a half years of paying 250 I still had to pay 6500. Roughly paying 10,00 all in all. I had multiple payday loans around the time got this loan. Has anyone successfully gotten a refund from them?
Sara (Debt Camel) says
Few comments as they are a VERY small lender. A couple of wiins against them at the Ombudsman. I’ll have a search tomorrow and see what I can find.
William says
Hi Sara just curious I had 2 loans off amigos one for about 1500 and then topped up a further 1000 in 2017 has many ppl won there money back against wonga as I haven’t seen any comments about ppl winning a case I know they shouldn’t of borrowed to me as I was in a dmp at the time but think I told them I wasn’t would this also come back on me if I told a lie if I did go ahead with this thanks in advance
Sara (Debt Camel) says
Hi William,
Obviously it’s better to have made an accurate application, but people applying for these loans are often under a lot of stress and the ombudsman says the lenders should verify what you say as they know you may be desperate.
yes a lot of people are winning these cases. Ask yourself, if the payments have caused you a lot of difficulty… if they have they it’s worth making a complaint. but if you think they haven’t, then no it’s not.
Sara says
Hi all :)
I received an email today from Amigo telling me that they are still looking at my complaint and aim to be in touch before the 8 week deadline (we’re at 4 weeks today).
Anyone else get this?
Julia says
Yep. And then again at 12 weeks…
And on Monday I will be at 14 weeks.
They’re stalling that’s for sure…
Cherie says
Yeah same with me just over 13 weeks waiting here ,so unless they really get their finger out then I would prepare yourself for a long wait.
Skids says
Hey. I’m at 13 weeks and 1 day. I phoned up just a short while ago for an update and someone was working on my complaint yesterday. the chap I spoke too said that it has gone to another department for approval so I should hear imminently. He did claim that they were working on complaints which are 5weeks over the 8 at this present moment.
Steven says
I have followed advice from this site and sent an affordability complaint as did my guarantor who is my father. I have ceased payments since the complaints as i just can’t pay them. Is it correct that we are both safe from them while we both have complaints lodged.? We have cancelled payment arrangements obviously just worried that I’m making a mess worse. I have read that I should make an offer to pay what I can afford but I don’t want to ruin my complaint. Should I do nothing or make an attempt to get a payment plan. Just worried because I’ve stopped paying. Our complaint has been with amigo 2 weeks.
MrN says
I believe you still have an obligation to pay, they just cannot take you to court while there is an outstanding compliant.
Contact and ask to pay less while your case is reviewed. Unfortunately they will chase your dad.
Keep going mate, you will get there.
Steven says
Thanks for your reply. I shall perhaps ring and offer lower payments during the complaint just to stop any harrasment of my guarantor. I just wanted to make sure they couldn’t do anything other than demand money while the complaints are ongoing
Joanne says
Good morning all
Has anyone submitted there complaint to the Financial Ombudsman – I submitted mine in October and they still haven’t allocated it yet. Any ideas of a rough timescale that they are working with just now?
Thanks
Joanne
Sara (Debt Camel) says
do you still owe money to them? what is your financial situation like and how are you coping/
Joanne says
hi Sara, apologies for the delay in responding. I don’t owe UK Credit any money, as it was all paid off. My financial situation is ok, a lot better than when I had to pay UK Credit – coping ok just now.
thanks
Joe says
Hi,
I’ve read that on credit karma, you can use the print function to obtain a PDF version of your full credit file – I’ve done this, but all that shows up is open loans with balances and lenders names, I assumed it would provide details of defaults and show this as I was going to use this information in support of my claim against Buddy Loans – or is this information sufficient?
Thanks
Sara (Debt Camel) says
Hi Joe, if you ask over on the payday loan refund page https://debtcamel.co.uk/payday-loan-refunds/ more people there may give you the answer.
Dave S says
Hi Sara, please can you advise. I have contacted Amigo with regards to an affordibilty complaint on a now paid off loan. I have since have numerous correspondences where i have provided my name, address, email address (both from when i took the loan out), d.o.b., guarantors name and also proof of the direct debits taken from my Natwest account. The only thing i cant locate is the loan agreement details. Amigo are saying that they cant find my details and could i provide any further info !? What more can i provide ? Does this sound like a delaying tactic ? What should my next steps be ? Any info would be greatly appreciated. Thank you
Dave S says
They have now suggested a copy of my credit file but as the loan completed in 2013 most of the credit reports do not go back that far. Very frustrating because i have provided everything within my power and still they are putting the onus on me to prove i had a loan with them.
Sara (Debt Camel) says
If you have emails and bank statements that should be sufficient for FOS to look at your situation. Tell Amigo either they give you a response or you will be sending the complaint to FOS.
stacey says
Hi, I have had several top up loans from Amigo – however my circumstances have changed eg getting into more debt to make my repayments. For the past few months I have been unable to make them at all and wanted to know if it was something i could do in asking for a refund and for them to look over the fact i cannot now make these payments , or what u would reccomend?
stacey says
Also following on from this i am looking to go into a DMP until my circumstances are looking better – at present they are really poor and I am panicking. is it worth asking them for all my details of my loans and get the ball rolling that way . I believe from day 1 they shouldnt have gave me the loan let alone top ups as my credit has always been really poor.
just a few questions
1. my guarantor has said he is unable to pay so they are saying they may or may not accept my payment plan but if not a ccj however step change have said either way a ccj would just be what u can afford – i thought the guarantor would be liable
2. how long do i give them for a response i sent off yesterday asking them for all the detials of the loans?
3. they are pushing me every single day with calls and emails so lets see if they respond to me as quickly with roles reversed any tips?
Adele says
Hi Stacey
I went into debt management a few years ago & they wouldn’t except my plan, they said the rest would come out of my guarantors account if I didn’t pay, even though my guarantor had had 4 strokes and was now not working and on sick pay, obviously I couldn’t let them take my mums sick pay as it would of left nothing for her so I had to make up the £122 a month as well as the £300 a month to step change. It was a nightmare, hope you have better luck than I did with them.
stacey says
Hi Adele,
This is what i was really worried about , because I am struggling to make the payments which are almost £400.00pm my guarantor also is unable to make these repayments. Step change have identifed that if I can prove i cannot make the repayments they would have to accept arrangement look at guarantor and the next step would be a CCJ which is terrible but they explained that a court would look at the same thing your affordability. I really dont want to get to that route if i can avoid it but they seem pretty threatening even after i have explained my situation . hopefully this complaint will help me going forward as i have paid probably x5 of what my loan actually was on all top up occasions its just this one now i got 2 years ago started at 10000 paying 395 a month and now stil has £12000 left due to the interest bearing in mind the top up took almost 7 grand of it so paying ridiuclous
Adele says
Hi Stacey,
Totally understand what your going through, been there and its not nice, i would put in an unaffordability complaint.
Hope you get it sorted.
Thanks,
Adele
stacey again says
Following on looking at this my loan with them for a top up was £6800 settlement and the top up only £3200.00 . making my loan £10000. i have been paying this since june 2017 and my current balance stands at £12000 . i however have been unable to make any payments the last few months .
Sara (Debt Camel) says
Hi Stacey,
it sounds as though you have got more debts trying to keep up with the Amigo payments? Is that right?
If so the loan was not affordable for you. I suggest you put in an affordability complaint. The article above talks about these and has a template letter you can use.
What is your guarantor’s financial position like?
stacey says
hi sarah, i have been unable to make any payments since may 2019. my uncle made a few for me and my guarantor made one for me then after that i have made none.
my guarantor has advised he is unable to pay but has not told me why he cannot as he hasnt changed job or anything just adviseed amigo he cannot pay them. so they have said to send them the dmp and its up to them if they accept the offer or not if not they look at him then if not it will go as ccj? i got the top up of £10000 which paid my previous of £6800 and left me with just over £3000. my current loan even after conitnueing paying this for a few years since the top up is still standing at £12000 due to the interest rates. i have sent over the letter to them and they have asked for bank statement sso i have requested them for around the time the loan was taking also. any further advice would be appreciated
Sara (Debt Camel) says
So for you Amigo cannot start a court case against you while you have a complaint in with them or with the Finacial Ombudsman.
If your guarantor says he can’t afford to pay then can you send him a link to this https://debtcamel.co.uk/amigo-complaints-by-guarantor/ as he may be able to make a complaint too! I
He may never have been able to afford the loan – even people that seem quite well off will often struggle to pay an amigo loan every month.
If he has a complaint in, Amigo can’t start a court case against him either.
Good idea to get your bank statements and send them in.
stacey says
hi sarah a quick one about this – if he does this and his side is accepted and then mine isnt where would that leave me without a guarantor or can they not do this. I know for a fact i have a strong case because i was currently paying my old creditors £1 per month through payment plan and my credit score was so low i couldnt get any further loans . As well as this if they looked into this they would see all this. Unpaid loans credit cards catalogues arrears on most things. As well as this i already had a loan out a guarantor one with george banco and several other issues with payments so really shouldnt have been given this at all as well as this they never even asked me for wageslips or anything like that
Sara (Debt Camel) says
it is GREAT news for you if his complaint is upheld and he is removed as a guarantor. Your loan just becaomes any old normal loan with no guarantor. You can ask for an affordable payment arrangement, put in into a debt management plan, get a DRO or go bankrupt and your guarantor can no longer be harmed.
becki says
Hi I have only just found out that you can claim back from amigo. have you all sent letters direct and done it yourselves, amigo has confirmed a £7780 charge in interest over 7 loans from 9th march 2016 until it was all paid off on 6th feb 2019. what would your recommend gathering and sending off to get the ball rolling.
MrN says
Ask them for SAR via the template at the top! Put in your complaint at the same time. This starts the 8 week countdown
Sara (Debt Camel) says
Definitely do this yourself! You can write a better letter using the template above than any claims company can as you know your own situation and the problems the Amigo loans have caused you.
That is a LOT of topping up. Amigo should have realised their loans weren’t helping you but getting you deeper into debt.
I suggest sending the letter off straight away and then set about getting your bank staements together for the period from 3 months before the first loan.
Matt says
Amigo loan are blatantly delaying responses to complaints beyond 12 weeks looking at these comments. I’ve emailed FOS to ask whether anything is being done by them, as taking over 12 weeks to reply is a joke? I’ve cc in Amigo along with the Sam email (i know he wont see it). Am not expecting my complaint to be sped up, however I’d be interested to hear FOS comments regarding it.
Julia says
Yes definitely delaying tactic. I’m just about at 14 weeks & not a peep.
I’m very worried considering the potential impact of yesterday’s Wonga drama (albeit it a slightly different method of exploitation)…
I had a 10k loan, paying 395£ per month – have already paid back 19k… and just another 3 years to go…. ( I’m a single parent , working part time)
Neil says
Complained to Amigo about a loan taken out 2012 – topped up in 2013 and settled in 2018.
Got a response within 24 hours – is this fobbing me off or is it correct?
***************************************************************
I’m sorry that you have felt the need to complain to us. The Financial Ombudsman Service states that customers should raise their concerns within a reasonable amount of time from the event being complained about. They state that this should be within six years from when the event being complained about took place or, if later, within three years from when you reasonably knew you had cause to complain.
Having looked at your account, we believe your complaint falls outside of these time-frames. Therefore, due to the length of time that has passed the decision has been made not to investigate your concerns and your complaint has not been upheld.
Sara (Debt Camel) says
You can just send your case to the Finacial Ombudsman now then. Do you have bank statements from 2013?
Neil says
I have sent it to the FO – I read on your site about their ruling about time limits, so hoping it will get somewhere. I feel I have a great case in terms of affordability (eg mortgage debt/possession order 3 months prior to loan!!)
CHRISTINE K says
Hi Neil,
I have had exactly the same with them , within 24 hours. My loan was in 2007 though.
Neil says
Thanks for this – I have escalated to the FOS. My argument being that I only found out about complaining about unaffordable loans in the last week through this website! I wasn’t even aware that I had the ability to do this previously! Loan was settled within the last two years by my mother who saw the crippling interest I was being charged and the impact it was having!
CHRISTINE K says
I have told them that they can’t dismiss because of deadline as I was not aware that you could complain until recently. I got a email back within hours saying again ‘sorry but we will not investigate’. I will forward to ombudsman.
sean says
Back in 2009, I won a large amount of money (over 500k) Through gambling. Originally I invested most in bonds but to put a long story short basically ended up gambling it all away (which I’m ashamed of but realise now I was sick and an addicted gambler) By 2012 I had nothing I wasn’t working or claiming unemployment benefit. Back then the only way (In my mind) of making money was gambling but had nothing.i was literally living on fresh air. In desperation, I applied to Amigo for 3k. I am ashamed to say I lied to my brother who stood as a guarantor. He believed I had bonds to cash so it would be a bridging loan but there were no bonds as they had all been cashed. When I phoned Amigo I lied saying I was setting up as a self-employed gardener & that would be my income. Within a day the money was in my bank account and of course, I blew it within the day, apart from enough to pay the first 2 months payments. I missed the 3rd payment & that is when everything came out with my family. Thankfully they got me help. My brother repaid the loan in full. Which he did by getting a loan from his own bank at more realistic rates.I’m totally ashamed of that period of my life and do not gamble now. Will I be eligible as I lied about my income and if so would my brother have a better claim seeing as he paid the loan off. Anything returned would go to my brother anyway.
Sara (Debt Camel) says
if you complain you will get nothing back as you paid nothing. But your brother could get a full refund.
There is a risk, Amigo will decide to reopen the old loan and say you still owe them money. That is what Amigo are doing at the moment.
But there are a couple of cases going through the Ombudsman at the moment saying that Amigo can’t do this if it will put you in a worse position than when you complained – I hope this will be the Ombudsman’s decision but that isn’t clear yet.
S says
Hi Sara,
Amigo loans didn’t uphold my complaint so I sent it to FOS straight away. However I also emailed Amigo loans asking them to reconsider their final response as some points had been missed out which I initially complained about.
Today they have replied to me saying they won’t be upholding the complaint. The reason they have given is because they believe they accurately checked my income and I passed the affordability assessment. They also said I mentioned I was earning 1200 a month and this should have been enough to cover my repayments. However I made this up at the time of taking out the loan because I was desperate for money. What I am wanting to know is, shouldn’t they have asked for bank statements or wage slips to see evidence of this and to see if I actually do earn this much?
I mentioned that I was not clearly told about the repayments only paying interest and not bringing the balance down and their response to this is that I have signed a legally binding document so they are not responsible for that.
Any advice would be appreciated. Thanks
Sara (Debt Camel) says
I’m glad this is already with FOS.
What I am wanting to know is, shouldn’t they have asked for bank statements or wage slips to see evidence of this and to see if I actually do earn this much?
Yes I think they should.
S says
Thank you. Is there any legality or law that they should check how much a borrower earns before they lend them the money?
Also, they didn’t ask me for wage slips or anything whilst giving me the loans and even know they’ve made a decision without asking to see my bank statements.
Sara (Debt Camel) says
Read https://debtcamel.co.uk/amigo-ombudsman-decision-borrower/ – that looks at a very long decision that the Ombudsman published about a complaint by an Amigo borrower.
And also read https://debtcamel.co.uk/amigo-more-refunds-2019/ which has some extracts from other Amigo cases.
kaz says
I took out a £3k loan with Amigo then topped up with £7.5k 11 months later. I have never missed a payment – at the time of my first loan I had numerous defaults and missed payments. When I topped up my loan and I had missed payments as well as a defaulted account. Since taking this loan out I have got further into debt and defaulted on my credit cards as I could no longer afford them and felt under pressure to pay amigo for fear of my guarantor having them at the door. Over the years I have missed rent payments and had to borrow from family due to paying this off. I worked part time at the time of the loans and received some tax credits and some child maintenance. Do you think I have a chance? I only have a few more payments to go but its been tough and a lesson well learnt! Will I need to provide bank statements for before the loan? How many should I provide? I still have copies of both agreements too. any help would be appreciated.
Sara (Debt Camel) says
I think that sounds like a strong case – the loans have obviously caused you a lot of problems.
Ideally you have 3 months bank statements before the loan and before the top up. But just send the complaint in and get it kicked off and then get the statements.
Reece says
HI so TT has said they wont remove my brother as guarantor even though they accepted my complaint that the loan was unaffordable.
Since the repayment amount has changed and the tern has changed, would it be classed a fraud on their behalf if they still insist on Lewis being guarantor seeing he has not signed any new paperwork or agreement for the new repayment amount?
could anyone point to any legal guidance or precedence i can reply back to them.
i know its not the biggest thing and people are going through tough times, but any win win against these vultures is win.
many thanks to Sara and everyone who runs this site.
Sara (Debt Camel) says
Can you ask your brother to put in a complaint asking to be removed as guarantor on the grounds the loan was unaffordable for you and should never have been given. See https://debtcamel.co.uk/amigo-complaints-by-guarantor/ which has a template he can use. He can keep the complaint short and attache the email you were sent by TT saying they accept the loan was unaffordable.
If they reject, he can send the complaint to the Financial Ombudsman.
I think this is important for you and him. Say you fell under a bus or had to go bankrupt – obviously I hope neither of those happens! – why should he pick up the bill for this loan which should never have been given?
Charlotte. says
Hi just wondering if anyone has waited north of the four week extension I’m now a week over. I have referred to the ombudsman Amigo will only say they are working on it a lady called Heather has my case. Ah has had it for well over a week. I’m just curious to see the maximum sort of time frame I’m looking at to get a response. Any input will be helpful
Sara (Debt Camel) says
I think 1 person’s went into the 14th week :(
Julia says
Sara, Yep that’s me, 14 weeks tomorrow.
Do you think Amigo are taking so much time / stalling to respond because of their announcement this week or is it likely unlinked? Thanks Julia
Sara (Debt Camel) says
The slow complaint handling is probably because they have so many complaints.
And one reason the large shareholder wants to sell may be because he thinks the complaints are going to reduce his dividends (but that is me speculating!)
But no, your complaint isn’t being handled slowly directly because of the large shareholder wanting to sell.
I hope you have sent your case to FOS?
Julia says
Hi there. Thanks – yes I did at the 8 week point in early January. It’s not been assigned a case as yet.
Sara (Debt Camel) says
good that you are already in the FOS queue!
Julia says
Week 14 of Amigo and I get this ( after I emailed chasing ) . Just relentless.
Thank you for your email and we apologise and appreciate your continued patience in this regard
Following the further extension we requested we are still investigating your complaint.
Unfortunately, some complaints are more complex and may take longer than expected to issue a response.
If you would like to speak to us you can call 01202 835170.
Alternatively, If you are dissatisfied with our progress you have the right to refer your complaint.
However, we endeavour to get back to you as soon as possible and we shall be in touch with you ASAP.
Kind Regards
Thomas says
Hello my wife took out a amigo loan almost three years ago for about £8,000
A few loans.
The loan has been paid back but the interest has come up to a further £9,000 their abouts.
& looks like thats going too continue.
We have been struggling for a while and have other debts too pay. A house to pay for children the lot.
Cherie says
Had my reply this evening and its not good news for me.
They have said that they ran adequate checks and compared my expenses to the national one and it looked OK ,they also used the fact that I paid off £2000 in November , I informed them that this was a loan taken out by husband to clear it and also the fact that I was never late in payments ,it was a family member that was my guarantor and I would not have put them in that situation even if it meant not paying other bills to pay amigo.
My complaint was put the obdumdsman at 8 weeks ,unfortunately not heard anything from them yet.
Sara (Debt Camel) says
It’s good that the case is already with FOS, also that you don’t still owe them, so you aren’t under so much pressure.
The fact that the loan was cleared and you were never late with payments is not relevant to your case.
FOS will look at your situation and see if the loan was affordable for you, not relying on national statistics. Good luck!
Rob says
I had exactly the same experience as Cherie. They rejected my complaint on the basis that I had paid off the loans and never missed a payment – they chose to ignore the fact that I had a whole host of payday loans, debt management plans, and gambling transactions – all of which were demonstrated by bank accounts. In fact, they tried to argue that as they lend to people with bad credit, they would fully expect their customers to have payday lending problems etc – but that doesn’t seem to address the affordability issue. When I sent my complaint to FOS I hadn’t received Amigo’s final response – I suppose I should now send this in as a separate document?
I have been reading that FOS are running very behind and that many complaints don’t get sorted for a few months. Never mind – it will be worth waiting if the right result is achieved in the end.
Sara (Debt Camel) says
In fact, they tried to argue that as they lend to people with bad credit, they would fully expect their customers to have payday lending problems etc – but that doesn’t seem to address the affordability issue.
Exactly right. No one is saying they shouldn’t lend to someone with payday loans, but that they should look very carefully at someone’s situation if they do.
Kat says
Hi,
Bamboo replied 31/01/2020. I took a £5000 loan with them in 2016. They have rejected my claim as “affordable” I have paid back over £8000 – so over £3000 in interest. As a gesture of goodwill they will clear the balance of the loan, so I will no longer own them anything (I have 18 payments left @ £197 a month, so a further £3500 to pay), release my guarantor and refund me my last two payments made since the complaint rounded up to £500.
It is touch and go if my finances on their own will hold up if I take this to the FOS. However my guarantor, my lovely sister, was not working at the time and was suffering with anxiety – she had been receiving medical care for some time before this. I had supported her and I think, having has some long chats with her since, she was desperate to help me and her credit score was good enough for Bamboo to accept her. However my financial situation has deteriorated (in part due to this loan) and when I have been late paying it has caused us both a lot of stress and worry. She has put in her own complaint to Bamboo.
So – is it likely that if we take this further we can claim back most, if not all, of the interest paid with potentially just my guarantor’s situation? They should not have lent with her as guarantor but they did. Or do we just accept this offer so that it releases both of us from the stress? We could both desperately use the extra money if we went for more.
Thank you!
Catherine says
Go back to then and ask a member of the compliance team to review further, Compliance@bambooloans.com that’s what I did and they upheld after initially not upholding.
Say by agreeing to wipe the balance that they have effectively admitted they could of done more and the loan was obviously not affordable or sustainable and provide evidence again from DSAR report.
Good luck
Alison says
I had the same from Bamboo it’s like they have done you a big favour when I think they know they were in the wrong. They have released me as a guarantor but I have still lost 1080.00 as they took 3 payments from me when the borrower didn’t have a good credit record and should not of been excepted for the loan in the first place! I am relieved to been taken off as the guarantor and Sara was a great help in achieving this! Would never of known what to do if I hadn’t used her advice and template to complain. Good luck Alison
Sara (Debt Camel) says
Hi Alison, I think you should take your case to FOS if they don’t refund you what you have paid. You have already been released as guarantor, so they can’t do anything about this.
Alison says
Ok thank you. I just didn’t think I would have a chance of getting anything back. Thanks for all your help. Alison
Sara (Debt Camel) says
If your guarantor hasn’t made any payments, her winning her case will not mean you get a refund. But as she was not working she has an excellent case to be removed as guarantor. And while she has a complaint in, they can’t take her to court.
If you take your case to the Ombudsman and win your case, you will get paid all the excess you have paid over the £5000 borrowed, so that’s £3000? And they have only offered you £500.
So your options:
– take their offer. It’s stress free and a big improvement on where you are now. But that extra 32500 could presuumably do you a lot of good.
– go back and argue you want a full refund or the case is going to FOS. I don’t think they would have offered to write off the debt if they didn’t think your case was strong… they know this.
– send your caset ot FOS ans struggle to make the payments
– sent your case to FOS and stop paying, on the grounds you have a very good case AND they can’t take your guarantor to court as she too has a complaint in.
Mani says
Has anyone had a settled claim without having to go to the FOS? Or if you did escalate your claim to FOS how long until they made a decision. Thank you
Sara (Debt Camel) says
yes, if you look back through the comments a lot of people have. But if you are past the 8 weeks, I suggest sending it to FOS just in case you don’t get a good offer from the lender.
david says
hi.i have a amigo loan that im paying back at 85 pound a month but the interest is going up and up.only started off as a small load.is there anything i can do.thanks.
Sara (Debt Camel) says
Hi David, the article above may help if you think the repayments aren’t affordable for you and Amigo should have known that if they had looked carefully at your situation eg at your bank statements. It has a template letter you can change so it reflects what happened to you.
Mark says
Hi Sara,
I have received a response from Amigo rejecting my complaint, my Guarantor also made a complaint which was rejected on the same day.
I had a loan from Amigo for £6500 then topped up to £10,000 12 months later.
My repayments were £276 then increased to £396 per month. I have struggled to make the payments each mo th as I do t want my guarantor to have to pay.
At the time of taking out the loan I had a loan from Everyday Loans and numerous Credit Cards in default.
By the time I topped the loan up I had taken a Guarantor loan out with Bamboo. This would have been on my credit file.
Bamboo have upheld my complaint on the 2 loans so can’t see why Amigo can reject my complaint.
I’ve sent it to FOS and my Guarantor has also escalated his complaint to FOS.
This has had a massive effect on me as I’m now technically homeless and on the sick due to me splitting up with my ex.
My questions are
1. Should I go back to Amigo and tell them Bamboo have upheld my complaint under the same circumstances?
2. I can’t pay my monthly payment as I’m not working, can Amigo go after my Guarantor if we both have a complaint escalated to FOS?
3. I wasn’t asked to provide anythingby Amigo by way of statements when I complained and I could struggle to get hold of these. What can I do?
Sara (Debt Camel) says
Hi Mark,
no-one has reported a good result by trying to get Amigo to reconsider, so you may be wasting your time.
If you don’t pay, Amigo will ask your guarantor to pay. But while your guarantor has a complaint in at FOS, Amigo can’t take him to court. So although he will get cross emails and texts, his credit record won’t be harmed and he won’t have to deal with defending a court case.
I suggest you try now to get your bank statements. You can get these even from closed accounts. You may need them for the FOS case.
Andrew says
Well after 12 weeks I’ve had a final response and they have rejected my claim. I sent 2yrs worth of bank statements which showed my incomings and outgoings and a large amount of gambling, they have said they are not willing to take the Bank statements into consideration. So I’ve forwarded my complaint to the fos
K says
Do I send to fos on week 8 or week 8 & 1 day? My 8 weeks was for me sending, yesterday but for them acknowledging, tomorrow…the same day as i have to pay another £300! I was so hoping for a good result by week 8 but its not going to be the case definately going by other comments. Just need to know whether to send tomorrow or tuesday to the fos? Do i send via email or am i better calling to start the process?
Sara (Debt Camel) says
8 weeks plus one day. See the article above which suggests using FOS’s online form which talks you through what they need to know.
K says
Great thank you. I will check it now
Skids says
Hi all had my decision from amigo today and they have not upheld my complaint. the response was quite long but the main theme throughout was you never told us it was unaffordable neither did you contact us to tell us you were in financial difficulty. Blah blah basically putting the onus on me. funnily enough I had hugely fallen behinf with 6 account with outher loans and just was paying a penny to those debts. They acknowledged this in their response buut said they had allocated part of my income to that debt as and when I started paying again… as long as they got their money though.
It’s now with the FOS I haven’t heard anything back though.
Sara (Debt Camel) says
:( that reply does not address whether the loan was affordable.
Good you have already sent this to FOS.
Claire says
I have just submitted my affordability complaint with Amigo. they contacted me asking for bank statements which I have sent, on the statements it shows my incoming and outgoings obviously but it also shows that I was borrowing money from Wonga after taking out a loan with Amigo, would that go with me in my case showing that I had to borrow elsewhere to make repayments? Also I had only started working full time 5 months before I took out the loan after 7 years of being a stay at home mum living off benefits should that have been flagged up too?
Sara (Debt Camel) says
It sounds as though those bank statements show the loan was unaffordable.
That may not prove it was unaffordable when you took the loan. If you had lost your job after you got the loan, the repayments would have been unaffordable but that wouldn’t be Amigo’s fault as they couldn’t have known that would happen. But if nothing had changed from when you got the loan, those statements really help your case.
I don’t think getting your job 5 months before should have been a warning sign. perhaps 1 month, but not 5.
Good luck – come back here if they reject your complaint and you want to decide whether to take it to the Ombudsman – the answer is usually Yes, but you may want to have a chat about their response to you?
Claire says
Hi Sara,
Thank you for your reply it has out my mind at ease knowing that I do have proof that i wasnt handling my finances very well. I was working for a year following my application so nothing had changed in that aspect,
Thank you again
Claire
Chris says
I am still waiting for an Ombudsman to look at my case as the adjudicator of the FOS agreed that I should be rewarded all interest and charges plus the 8% interest paid back to me so would be around £3K. Amigo had a 2 week deadline to get back to the FOS at the time, they asked for an extension of another week, which was agreed but still they never came back to the FOS. This was at the end of November when the adjudicator has to pass it on to an Ombudsman.
I am seeing if anyone has the same issue? and how long roughly does it take for an Ombudsman to look at this kind of case.
Sara (Debt Camel) says
I haven’t heard of this happening with anyone else so there is no indication of timescales.
Chris says
Very Strange I find this, its like delaying tactics especially if they are going to be sold. I hope it will be dealt with soon as I have been unlucky with a few claims that the companies have fallen into administration at the time of my other claims.