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
Jade says
Hi, I submitted my affordability complaint on the 6th January, just recieved a message saying a cd is being sent out today with regards my SAR.
What do I do when it gets to 8 weeks?
I took out a £2500 loan in june 2016 and then topped up to £4500 in the October paying off the first loan and receiving just over £1900. I was and still am on benefits I was on legacy benefits to start with and now universal credit. Have the most terrible credit rating hence needing a guarantor loan in order to private rent. I’ve been paying smaller amounts since may 2019 as I physically could not afford to pay the full monthly amount of £178 I now pay £28.15 a week. This is really crippling me. I’m hoping for a straight forward outcome really as this whole situation is making me I’ll
Michael Lord says
Hi
Be prepared to be waiting 16 weeks plus, seems amigo are really draging their heals
Jade says
Hi michael. I recieved a message today to say that they are still looking at my complaint but aim to have it done within the 8 weeks. I’m only 4 weeks in so I’ll keep everything crossed
Julia says
I’m at 14 weeks. They sent holding letters out at the 8/12 mark. They are very very slow. My advice would be to log it with the FOS at bang on 8 weeks.
I did this & Only yesterday my amigo complaint that has been with the FOS for 6 weeks was acknowledged and assigned a reference number. Everything is taking so much time. Chances are the FOS will
Deal with it sooner than Amigo.
Jade says
I’ll make sure as soon as I get to bang on 8 weeks I send it to FOS. To be honest this loan is taking over my life, just wish it would go away. My landlord pushed me into getting it at the time due to him changing his mind on a rental deposit after I’d already moved in. I dread the payments every week and cant see a way out of it
Jade says
Can only sit and keep all our fingers crossed. How this company has managed to get away with preying on vulnerable please is disgusting. It’s no wonder some people feel like ending their lives over debt. Every week is a struggle with how I’m going to pay it, I’m in rent and utility arrears, got court enforcement over council tax and all because once I’ve paid my payment every week I’m left with the bare minimum to feed my children.
Sara (Debt Camel) says
Jade, who is your guarantor? What is their financial situation?
Jade says
Sara my guarantor is my ex landlord (the one who insisted I take the loan out in the first place) he was more than happy for me to top the loan up as well and I needed to purchase carpets etc for the private rented house as he wouldn’t do it and it was all ruined by mould so needed to make it livable for my children. Hes not the type of person to be very understanding if I miss a payment that’s why I’ve been robbing Peter to pay paul at the moment. Even if my payment declines in the morning as sometimes I dont manage to get to the bank to put funds in the day before, hes straight on the phone to me. Want to keep him out of this as much as possible x
Sara (Debt Camel) says
So:
1) You were pressured into taking out the original loan to pay the deposit to your guarantor?
2) And to take the second one as he refused to replace carpets in the property that were mouldy?
3) and now you are being harassed by him to carry on making the payments?
Is that all correct?
Jade says
Yep sara all correct, had to get environmental health involved in the end and I lost everything in the flat. Took the flat as he said it was cosmetic work that needed doing and I didnt need a deposit, month after moving in he was badgering for a deposit and said he would go guarantor. 3 months later after paying out the deposit, the flat needed so much work doing and he just wasn’t moving his self to get the work done. Resulting in me taking out another one to do the place up, mould and damp surfaced so bad I lost every single item of furniture and environmental health moved me with the help of the council
Jade says
Sara do you think it may be worth sending a follow up email to amigo basically outlining everything in more description with how this loan has affected me, and how I was and still am only on benefits, and what my whole situation is? I know they’re probably getting loads of emails/complaints at the moment, but I’m desperate for them to see me as a human and not just a number.
Sara (Debt Camel) says
You can always send in more details, but I am not sure Amigo will pay much attention to them.
Emmie says
Hi I put in an affordability complaint to Amigo, I am on the 14 weeks this week and keep getting reply emails saying they are still investigating it, I’m starting to worry that they will not upheld, partly because I did tell a few white lies and there were gambling transactions all over my bank statement, is it worth sending to ombudsman or leaving it?
Sara (Debt Camel) says
Send it to the Ombudsman right away! This is easy – go through the FOS online complaint form here: https://www.financial-ombudsman.org.uk/contact-us/complain-online.
It’s pretty common for loan application not to have been accurate – FOS tends to say that Amigo should have verified the numbers not just accepted them.
Gambling transaction on your bank statements when you were approved for the loan HELP your case, as if Amigo had bothered to look they would not have given you the money. Here are two recent success reports: https://debtcamel.co.uk/how-to-complain-guarantor-loan/comment-page-19/#comment-337498 and https://debtcamel.co.uk/how-to-complain-guarantor-loan/comment-page-19/#comment-337458
Emmie says
Hi
I’ve had a reply today from Nadia, apparently they are in the last stages of finalising my reply, they asked me to fill in a health questionnaire to help with their reply, anyone else had this? Is it normal? Thank you
K says
I had a health questionnaire twice from them. I think its if you disclose it has caused you anything like depression, anxiety etc.
Sara (Debt Camel) says
If anyone gets a questionnaire that asks them how they prefer contact should be made, do say if you do NOT want to be phoned or sent texts. Many people with anxiety or depression find phone calls difficult to manage and prefer things in writing so they have time to think about them.
Emmie says
Hi K
Have you had your final response yet ?
K says
No ive not yet. I didnt answer their questionnaire, i felt they might try use it in a different way. If the ombudsman asked id answer but not amigo. They’re too sneaky. Ive passed the 8 weeks now so ive sent to the fos to see if they deal with it any quicker than amigo
Julia says
I’m really worrying now as apart from a CD with info on Ive had nothing in 14 weeks, no requests for bank statements, nothing.
I am worried when they do finally respond they will then start asking for stuff – by which time it will be 5 months!
Sara (Debt Camel) says
Have you sent your complaint to FOS?
Sam says
Hi Sarah,
I recently requested details of a loan and top-up from Amigo that are approximately 8 years old. They basically told me they don’t keep records over 6 years and so cannot help me. I sent them a complaint anyway using your template, telling them previous addresses etc but have recieved the same blunt answer. Are they correct in turning me away or should I go straight to FOS? I have bank statements towards the end of my topup loan showing the other payday loan lenders I was paying out to and that I was struggling financially (also on a DMP) but anything before that was with a different bank and I found it hard to get statements for other complaints hence why I’m unsure of when I actually took out the Amigo loan.
Sara (Debt Camel) says
Definitely send to FOS. Do you or your guarantor have any of the email paperwork you were sent?
I would try again with your bank for statements.
Sam says
Thanks for your reply Sarah. No, I can’t find anything in my emails and I’m no longer in contact with my guarantor. I’m going to try again with the bank statements so that I can at least get an accurate date of when I took out the loan. I’ve just read on a recent comment somebody has left, that they were sent all their details/CD etc for a loan taken out in 2010 so I feel like Amigo have fobbed me off as I find it hard to believe they’d have deleted all information of me or my loan?
K says
Ive just received the “can we have 4 more weeks” email as today is the end of week 8, will send to the ombudsman in the morning & fingers crossed something gets sorted soon, preferably before my next payment as ive just paid another £296 this morning
Lee D says
Hi Sara ,
I complained to amigo in October last year regarding affordability the balance I had was £7500 topped up for 60 months paying £296.44 a month i made 24 payments and my guarantor made 12 payments the last year until I used your template to complain
Anyway they upheld my complaint and said a fair outcome would to stop anymore payments and settle the loan balance which was £6595 now I worked it out that the last year of the loan before it being settled through the complaint my guarantor made them payments for me as I transferred her the money to cover it she has since complained will she receive the interest refund plus 8 percent ? It’s been nearly 8 weeks now since she complained
Sara (Debt Camel) says
Did you complain in October 2019 or 2018?
T says
Hi all
Just an update. So I’m on week 9 waiting for amigos final response. I have forwarded to the fos.
Today I’ve had an email of clear score to say the amigo file will be removed off my credit file. This loan I finished in August 2018.
Does this mean maybe amigo are up holding my complaint?
Thanks in advance for any replies
Sara (Debt Camel) says
maybe… who knows?
S says
I have also had the same email from Clear Score. My loan with AMigo finished in Mar 14 – so that would be 6 years. Various estimates online as to whether it is removed at 6 years or 10 years (I didn’t default on the loan).
Mine is currently with the FOS and I am at the jurisdiction phase (The FOS have ruled they can look into loans over 6 years old in my case). My investigator has agreed that the loan was irresponsibly lent, Amigo have until the 06/02 to accept, which they probably wont do. In this case it will go to the Ombudsman.
Sara (Debt Camel) says
Settled loans drop off after 6 years from the settlement date, which in your case would be next month.
Amigo accept most adjudicator decision. So far I am only aware of them not accepting one recently.
K says
Jade ive received this email about 3 times now from amigo, im now passed the 8 weeks & they’ve emailed saying they’re still investigating & need more time. They go in date order so i would be prepared for a much longer wait.
Sara (Debt Camel) says
Hi K, I hope you have sent your case to FOS?
K says
Hi sara yes i sent it off late last night after I hit 8 weeks yesterday & they emailed on the evening saying they needed more time so I sent to the fos with all evidence, bank statements etc. Im just hoping either the fos or amigo get back to me soonish before i have to pay another £296 again
K says
Jade im the same. Ive got council tax trying to do an attachment of earnings & i owe them a fortune. Ive had bailliffs at the door & everything over council tax. Im going to get in touch with step change & see about a debt relief order to try & sort it all out but I cant sort the dro until i know whats happening with amigo. My only other option is an iva or bankruptcy but im not sure how going bankrupt would affect my guarentor with amigo if they would still chase them for that which i dont want. Ive got myself in enough trouble myself i dont want it to affect anyone else
Sara (Debt Camel) says
DRO, IVA and bankruptcy all have the same effect – Amigo will chase your guarantor. Best thing is to see the complaint through and then if you win, then look at a DRO. Of the three a DRO is always best if you qualify for it.
K says
Yes thats what im waiting for. If i win my case, il be able to pay a huge chunk off the council tax which will almost clear it & the rest i can manage but the dro is my best plan. I just need to hold out & see if i win with amigo first. Im over the 8 weeks so ombudsman has been sent all info hopefully i dont have a huge wait ahead, a month or so more i can cope with just about
Amelia O says
Hi, just wondering if anyone has any experience with Trusttwo? Took out a loan with them in May 2019, at the time I already had an open Amigo guarantor loan, Safetynet Credit, OnStride, 4 Lending Stream loans and MyJar as well as a maxed out credit card. My wage has gone down from around £1,500 monthly to £1,195 and I am struggling to afford the £253 monthly payments. I’ve worked out I have already paid them around £2000 since June (original loan for £6,500) and have sent them a template email from this page claiming unaffordable lending. I’ve not had any response yet, but would be interesting to hear anybody else’s stories regarding Trusttwo
Steffy says
I’m on my 9th week with them now and no outcome! I called for an update at week 8 and they asked not to send to FOS yet as they will incur a fee. I’ve given them 24 hours and no response off we go….
Sara (Debt Camel) says
good move. It’s their fault if their complaint handling is so rubbish they are getting charged FOS fees for cases they make a good offer on.
Beth says
Finally had a response from Amigo after 14 weeks, flat out rejecting my claim. In short – Our Affordability Summary
Lenders are required to carry out reasonable and proportionate checks prior to lending but these are not defined. Amigo completed reasonable and proportionate checks to ensure that you could afford the monthly loan repayments. We are entitled to rely on any information you provide us and your affordability assessment concluded that you had enough disposable income to be able to comfortably repay your household expenditure, your credit items, your Amigo loan and still be left with at least your emergency buffer.
Additionally, online we asked you to confirm that nothing was due to happen while you were repaying the loan that would make your income go down or your spending go up. You ticked the box to confirm this was the case.
After your loan was paid out
Payments across both loans have been managed well, and we have not had to request for your guarantor to step in and make a payment.
Anyhow, sent an update to the FOS, so lets see what happens!
Charlotte says
Hi… So I’m now at 14weeks with my complaint with amigo. I was told last Monday my case had been asigned to a lady called Heather. Is there somewhere we can Complain about how they are handling complaints. It seems outrageous. I have sent it to the ombudsman already but I do feel they are stalling. Its very worrying. I’ve missed my last two payments as they are 489 per month I genuinely cannot afford them.
Sara (Debt Camel) says
Has your guarantor also complained?
Charlotte says
No… My guarantor is my mummy. She hasn’t complained yet. Although I’m unsure if she should?
Sara (Debt Camel) says
are amigo chasing her? what is her financial position could she really afford those huge monthly payments? If not, she can complain that it is unaffordable for her – different template over here for guarantors: https://debtcamel.co.uk/amigo-complaints-by-guarantor/ .
Lou7 says
One more week for amigo to agree or disagree with the adjudicator. A payment due tomorrow and come the 11th Feb it will have been the longest two weeks of my life!! I have had to borrow the money for my payment and I have never checked my emails so often!! Anyway rant over.
Sara (Debt Camel) says
What was the adjudicator decision?
Lou7 says
Hi Sara,
The adjudicator agreed that loans 2-6 were unaffordable. She couldn’t make a decision on the first loan because I couldn’t get the bank statements. Amigo wanted to do a deal on loans 4-6 before the adjudicator made a decision.
Julia says
This is what I’m worried about. I have paid every month, using payday loans to fund the payment.
But also my guarantor is my abusive / controlling ex husband who I don’t want involved in my financial situation any more.. so I’d sell my spleen to avoid him coming involved. I’ve paid back 19k for a 10k loan already and have another 13k to go… at £396 per month
I’m at over 14 weeks now and logged it with the FOS at 8 weeks.
Sara (Debt Camel) says
If you don’t get a good response you need to ask FOS to treat your case as a priority because of the situation with your ex.
Julia says
Okay thank you. I will do. Thankfully my amigo complaint has been with FOS since week 8. So yesterday at week 6 with FOS ( and week 14 with Amigo), I was assigned a complaint number and acknowledgement and they asked me for a copy of my original complaint. That’s all so far.
I have solicitor information/ medication records I can use if required. But we shall see.
Thank you for your help Sara.
bryan says
Hi Sara,
Firstly great work with this site ! You’ve helped some many people out of the debt nightmare.
I wanted some information regarding an affordability claim I put in with Amigo loans. I had 4 loans with Amigo and three of these were top ups. I received an email stating that they would need more time. I will now pass this onto the FOS.
My dad was my guarantor and for the last loan I agreed with my dad that I would transfer the money into his account and they would take it from there, i did this because I couldn’t stand dealing with them. I have made these payments into my dads account on time and they then have taken payment. If the claim is upheld will my dad need to put a claim for the last loan or can he advise that i was making payment to him and he was fine with that ? I would be happy to let them pay everything back into my dads account if successful
Sara (Debt Camel) says
So what happens here is that if you win your case, they refund the payments “he made” to him plus 8% interest. Then he can pass them back to you. (OR he can tell them to refund the payments to you.) He shouldn’t need to complain too.
Is this last loan still being paid?
bryan says
yes the last loan is still being repaid ….it was an £8000 top up loan and I think there is approx £2000 left to be paid.
Sara (Debt Camel) says
ok, fingers crossed you get a good result. If Amigo don’t reply by the end of 8 weeks, send your complaint straight to the Financial Ombudsman.
darren evans says
When I put in my complaint 9 weeks ago there was nothing but good news stories and people getting the money back plus interest. I have only just started looking again but now it seems to be that everyone is saying they have had them rejected, I am guessing now they are trying to sell it they will be rejecting them all and try and keep as much money in the company to make it look like a more attractable buy. I just want them to refund my money so I can short the shares I think they are going the same way as Wonga and they know it…
Sara (Debt Camel) says
Not everyone is being rejected but yes, they are now not upholding so many complaints and they are MUCH slower.
This is why it’s important that people send their cases to FOS as soon as the 8 weeks is up. There is no point in just hoping for a good result, get yourself in the best position going forward if Amigo don’t give you a refund.
I hope FOS and the FCA will be able to make Amigo start once again to apply the same approach FOS does to deciding a case. That is what teh FCA’s rules say they should do.
I know this leaves many people in a very difficult situation. But it is not worse because you have complained, it is just you haven’t had a result as soon as you had hoped.
There is no sign of FOS changing its mind and rejecting these good complaints!
Ben says
Hi Sara
I recently put in an affordability complaint with amigo at the time I was accepted and loan paid out I was in a DMP with step change I had car finance of nearly 1200 which worked out at 300+ a month various payday loans and a clear indication of my gambling problem also multiple missed direct debits all of this shows in my bank statements 3 months prior which where requested by them and I have sent off .
Just wondering the likeliness of the complaint being upheld is ?
(This is paid off now and I am currently debt free finally !)
Thanks
Sara (Debt Camel) says
Being in a DMP and having a gambling problm – I think Amigo should have noticed all that and not lent.
Amigo are rejecting a lot of strong complaints at the moment so you probably have to expect that this will have to go to the Ombudsman.
JM says
Hi Sara
I have agreed a payment plan with Amigo which has halved my payments while I wait for the FOS to look into my case. I received a email saying they agree the payment plan but will report this to the credit referencing agencies. I also received a letter along with my guarantor saying there was a breach of my original agreement and sending a default notice. The guarantor received a text today saying about late payment when they have agreed the payment plan to start from 29th Feb so havent paid Januarys one due to this new payment plan. Where do I stand with this is there anything I can do.
JM
Sara (Debt Camel) says
So two different issues
1) your credit record – big shrug, you can’t afford to pay this. If you win your case all negative marks will be deleted.
2) your guarantor. When you wrote “The guarantor received a text today saying about late payment when they have agreed the payment plan to start from 29th Feb so havent paid Januarys one due to this new payment plan.” is this referring to Amigo agreeing your payments plan?
Are you expecting Amigo to ask your guarantor to pay the other half each month?
What is your guarantor’s financial position like? Would they struggle to pay it, if so they too can complain, there is a different template letter for them over on this other page for guarantors: https://debtcamel.co.uk/amigo-complaints-by-guarantor/
Jm says
Hi Sara
1. Credit record is rubbish anyway so not going to worry too much.
2.was referring to Amigo and they did say that as long as payments are made they wont go to guarantor. He could pay but i dont want him too. Just hope FOS can see that they should have looked into it properly
Thanks
Jm
Sara (Debt Camel) says
ok, it’s best you explain to him what is happening & that if you win your complaint he will be removed as the guarantor.
Kat says
Hi thank you for your reply.
My guarantor has had her complaint settled separately! So is being removed as guarantor.
This has taken the pressure off somewhat so I have gone back through my finances and believe Bamboo totally underestimated my outgoings and bills so have requested that they reconsider their offer to me.
The 8 weeks is up on Friday this week. Can I send it to the FOS at the point even if I have asked for reconsideration? Just thinking of timescales.
Thank you!
Sara (Debt Camel) says
That is such good news for you. You can send this to FOS at the 8 week point, but you could also give them another week as all the pressure is off you.
And you can insist that you want a lower repayment amount. don’t pay more than you can afford, this is now just any old loan, not a gurantor loan any more.
Julie says
How long did it take for your guarantors complaint to have them removed.
bryan says
Hi Sara,
Regarding the Amigo loan refund claim. What information should i be sending the FOS? Do I need to send all the data from Amigo including the telephone recordings?
Sara (Debt Camel) says
See this section in the article above: “If the lender rejects your complaint, go to the Ombudsman”
you don’t have to send all the stuff on the Amigo CD. FOS will want Amigo to supply their case file.
If there is anything on the CD which you think helps your case, you can mention that in your FOS complaint. But most people keep this really simple at this point, just repeating to FOS what they originally told Amigo that the loans were unaffordable and that Amigo didn’t do adequate checks.
Good luck – and I hope Amigo come back with a good offer soon!
Charlotte says
Got my response today and it was bad news. However there reply didn’t make sense to me as by loan four they could see my credit report had many more negatives on it. Such as 2 payday loans catalogues 6 credit cards telephonics another loan all of which were defaulted. I just don’t understand. From the day and hour I took that very first loan I’ve never been able to get my finances right. It’s making me feel so ill and I’m convinced my hair is falling out. Do I send their response onto the ombudsman?
Sara (Debt Camel) says
Yes, if you already have a complain at FOS then send the rejection to FOS. can you say what your guarantor’s position is? Could they too complain and say the loans was unaffordable?
Marl says
My sons got an amigo loan, I am paying the £360 a month in his bank account to pay this, I am not his guarantor, but he has one, but I told him that I didn’t want this person paying his debt, I can’t understand why they gave him a loan as his credit file is not good, I told him to send his complaint to amigo, with bank statements, showing his other payday loans, and the money I am paying in, I think he’s lied about stuff, but when your desperate, it’s understandable. I’m 73 and on pension, I put. Him the letter together from your template and he is going to submit it today, I’ve also told him to send it to the ombudsman at the same time. His next payment is on the 25th fed, if the complaint has gone in, and they have reviewed it, is he in a position to say that he is suspending payments while the dispute is going on , or if he didn’t pay it would his guarantor end up paying it. Ty for your time
Sara (Debt Camel) says
Good of you to help your son but he should be doing this!
he can’t send it to the Ombudsman for 8 weeks. Amigo have to have a chance to look at it first.
If he stops paying, Amigo will ask his guarantor to pay.
Can your son not pay anything? IS he paying any other debts?
Mary says
I do not have the bank statements it is over six years since I took an amigo loan how far back can you go
Sara (Debt Camel) says
Do you have any information about the loan? Any emails? Who do you bank with, some banks can go back more than 6 years. What about your guarantor, would they have kept any information? When was the loan repaid, does it still show on your credit record?
Mary says
My bank statements go back seven year I think my loan started 2009 ended 2012. Not on credit file and my guarantor has no details. I ended up in debt management 2011 I did not miss any payments for my gauarantors sake but was in trouble with my mortgage. In a better place now reading all the info nobody seems to be having much success in getting any money out of amigo
Jordan says
Hi
13 weeks ago today, sent bank statements and guarantor also complained to amigo.
I have reduced my payments to £200 a month as I could not afford the £400 a month.
They could see from my bank statements that I had made up figures to get the loan in the first place they have rejected my complaint. I also told them I was suffering from PTSD. In the response they say it is my fault I put incorrect information to them to secure the loan, and that my loan is in arrears as I have reduced the payment amount.
Sent my complaint to FOS at the 8 weeks mark still awaiting for them to look at my case.
Just thought I would update anyone waiting an outcome.
Jordan says
Also my guarantor has a email back saying that they will not upheld her complaint.
It stated in her letter that bank statements were provided but they were not provided as she became my guarantor on my second loan? She has gone back to amigo to ask how they can refer to her bank statements when she never provided them?
Dan says
Seems all the recent comments are Amigo not upholding complaints whereas they were upholding loads a few months back
Jordan says
Yes, I spoke to FOS and they provided me with a reference number to send over my final response which is basically blaming me for them not doing the correct checks, and that they have reduced my payment and that is that!
FOS did advise it could be a couple of months as they have quite a backlog at the moment.
Kayleigh says
I’ve just had a response after 14 weeks and mine hasn’t been uphold and I believe I had a strong case! I’ve sent to FOS but haven’t heard anything from them
Sophia says
So an update on my case,I’m still awaiting to be assigned an adjudicator by FOS. I was going through my paperwork for the loan and noticed on the check sheet Amigo they sent me for the initial loan with FLM ‘affordability to repay – not required’ and actually had a minus figure for my total of disposable income,as well as £0.00 stated on the paperwork for income. Does this prove that I couldn’t afford the loan to begin with? Any advice would be appreciated!
Sara (Debt Camel) says
That’s what it sounds like! Definitely email FOS and get that gem added to your case.
Sophia says
Thanks Sara,I will email the paperwork that amigo sent me to the FOS,so I’m hoping when it gets to the adjudicator,it will be straightforward and speed up resolving my case!
Sara (Debt Camel) says
I would just send what you think the useful bits are. If you send a ton the adjudicator will have to read it all.
Marl says
Thank you so much Sara for your reply and yes he has payday loans do you think he has a good case here, I don’t think they asked for bank statements for second and third loan. I’ve told him just to submit to amigo till 8 weeks are up, omg thank you so much
Sara (Debt Camel) says
They should have checked his bank statements for all the loans. And if his finances were getting worse, stopped lending to him.
Tell him to look at making affordability complaints about all the payday lenders he has used as well – different template here: https://debtcamel.co.uk/payday-loan-refunds/
Lc says
Hi Sara,
Looking for some advice I had a loan with uk credit jan 16 for 7500 have currently paid back 12,700 with 3,000 left they have asked for bank statement 3 months prior and after to look at my case, prior I had a few payday loans and some gambling but the 3 month period after I had 10,000 go in from gambling and 9,000 go out straight after which I’m not proud of and then had to use various payday loan companies I had just paid off with the loan within the next 3 months do you think the fact that I won so much would harm my case or would it not matter as I gambled it all away again ?
Sara (Debt Camel) says
Gambling winnings can’t be treated as reliable income to repay a loan from. Send them your bank statements and send the case to the Financial Ombudsman if UKC reject you.
Ben B says
I’m on 13 weeks and 2 days now, no kind of ETA of when I can expect a resolution.
My last payment was due on the 31st of Jan, which I wasn’t able to pay, and as far as I know Amigo haven’t tried to chase me or my guarantor for the payment which is odd, I’m not working at the moment so couldn’t afford my £296 payment. My guarantor cant make any payments as he is permantely signed off work with depression.
I find it odd with lack of chasing for payment.
Should I advise him to make a complaint as well?
Sara (Debt Camel) says
If your guarantor can’t afford to pay, he should cancel the DD to amigo at his bank. So he is safe.
Have you sent your case to FOS? If not, do this now.
What was your guarantor’s position when you took the loan – at that point could he really afford £296 every month? Or did he have other bills and debts which meant that would have been difficult for him?
Joe says
Could I ask if anybody has had any success in their complaint against Buddy Loans? By success, I guess I mean at least refunded interest? Maybe more?
Steffy says
Hi Joe
They rejected both my complaints stating they aren’t a high interest provider and thought using online checks was sufficient enough, I asked if sending bank statements would help them reconsider and they outrightly said no!
I wouldn’t expect anything from them
Sara (Debt Camel) says
Straight to FOS for anyone that gets that sort of brush off!
Joe says
Oh I can’t wait for this then! They have asked me to supply bank statements to be fair, I am just waiting on these being sent to me by my old bank.
They requested them in their first email response to my complaint.
Mr F says
So received dsar from amigo two days ago went to look at it today to discover password doesn’t work then noticed the file name is a amigo ref followed by a name, so looks like they sent me the wrong cd another sign of their incompetence and inability to check the details
Sara (Debt Camel) says
:(
Go back and complain!
Rosie says
I’d like to thank everyone on this site for their input, it has at least given me a little bit of hope even if I’m not successful in my claim, I know that I’ve done all I can to get out of the situation I’m in.
In March 2014 I decided to try for an amigo loan with my eldest daughter as guarantor. Much to my surprise given the state of my finances and being unemployed, I was accepted. I struggled to make the payments as my only income was Housing benefit of around £400 a month and child tax credit of £700 a month. In no time I was out of my depth, on antidepressants, unable to work and not wanting to let my guarantor down. I took top ups in August 2014, June 2015, January 2017 and March 2019, when the last 3 loans were taken out I was employed but on zero hours contracts. I borrowed 9,000 and as of today my outstanding balance is £9478. My payments are over £350 a month.
So on 24th January I placed a complaint with Amigo, sent bank statements. I have a few questions if anyone could kindly help please.
Should I send my complaint to the FOS exactly 8 weeks after Amigo acknowledged my complaint, even if they’re asking for more time?
I have done a few sums and have worked out I have roughly paid Amigo around 20,000, so if I am lucky enough that my case is successful, that should pay off the debt and I will be free of them?
Thank you.
Sara (Debt Camel) says
That sounds a strong case.
yes send to FOS at 8 weeks sharp. they aren’t making good offers at the moment so there is no reason to allow them any extra time.
I would have to know a lot of numbers for each loan and top up (how large the loan was, how much you got in cash, how many payments of how much you paid to the loan) to look at whether you would still owe a balance.
Charlotte says
Hiya… Can anyone let me know how long it takes for a case to be asigned to the ombudsman. I sent my complaint there last week but need to forward on my response from amigo and am unsure of where to send it as I have no case number just yet.
Emma says
Hi, I sent mine on 30th December and it hasn’t been assigned as yet 🤷🏼♀️
Don says
I sent mine in to the FOS at the end of September and I’m still waiting for it to be assigned. It doesn’t seem to be something that happens very quick. Whenever I chase it up I get the same email basically saying we’re busy but have asked amigo for your file so there’s no further delays and a case handler will be in touch in due course.
Brandon says
My complaint regarding amigo loans was settled in early October last year I’m still chasing the overpayment I just would like some clarification on that the 12 payments that my guarantor made of £296.44 was overpayment and was advised to get my guarantor to complain to amigo which since she has but I’m not told if the overpayment will be paid to her directly I worked it out as
.12 x £296.44 = £3557.28 plus 8 percent would be a total of £3841.86
I made payments of 25 x £296.44 which was £7411 of the £7500 loan I requested which amigo settled the outstanding balance of £6595 as a fair outcome
I was then told the 12 payments from my guarantor coming from her card I’ve been advised she would receive the refund is this still the case this was from the FOS
She complained in December regarding it but was told 8 weeks as we thought I would be receiving the refund to myself
Any further advice would be appreciated
Sara (Debt Camel) says
I am not sure why your guarantor wasn’t refunded the money when your complaint was upheld but now she has complained she should be.
Brandon says
I don’t understand this either as the loan was found out to be an irresponsible lend to myself , they have since spoken to her and said 13th February will be told what the outcome is but anything other than a refund should I take it to the FOS ?
Sara (Debt Camel) says
yes she should take it to FOS.
Brandon says
Spoken to amigo again today they advised me that my guarantor wasn’t offered the repayment in first instance due to it being in my best interest that the fair outcome the amount of payments I made was short of the original loan amount I borrowed £7411 I paid back over 25 x £296.44 outstanding balance left over was £6595
They seemed it fit to clear the reminder of balance off and didn’t feel to offer my guarantor a refund even though she had paid 12 payments of £296.44 from her card with me paying her back
Advised they are at the 8 week mark next week and should have final response sorted hopefully by then and a refund
They said it was a complex the way it’s been handled etc but as my guarantor has complained for her refund fingers crossed they sounded like it was going to be refunded
Sara (Debt Camel) says
So you borrowed 7500 and paid 25 payments yourself = 7411. And you guarantor also paid 12 payments = 3557? Or were the 12 payments she paid included in the 25 you say you paid?
Brandon says
I made payments of 25 times of £296.44
Guarantor made 12 payments of £296.44 aswell in total 37 payments made of £296.44
Sara (Debt Camel) says
Then if Amigo decided the loan was unaffordable, they should have repaid the guarantor plus 8% and changed your balance to be £89…
Johnny says
Why all of a sudden have Amigo stop upholding complaints, there as been no news of anybody getting a refund. I smell a rat somewhere.
Sara (Debt Camel) says
Amigo said in November in their half year results (see https://debtcamel.co.uk/amigo-h1-2019-complaints-refunds/) that they had taken the decision to “tactically increase the uphold rate to clear the backlog [with FOS]“.
I commented then:
That is very surprising. FOS and the FCA probably thought Amigo had adopted FOS’s approach to determining complaints on a permanent basis, not just to get through the backlog.
If Amigo starts rejecting more complaints or offering refunds on fewer loans, then more complaints will be going through to FOS again.
Johnny says
Thank you for the reply… Do you not think they’re trying to sell the company and just knocking people’s complaints back to make the books look good, just a thought. I’m on my 11 week as it goes.
Sara (Debt Camel) says
Who knows? It’s very annoying and, where balances are still owed, distressing for good cases to have to go to the Ombudsman. But people just have to stick with the process as it is normally their only hope of getting out of the mess the Amigo loan has put them in.
C says
My SAR from GML was pushed through my letterbox yesterday. They had sent it via Royal Mail signed for but the postman ignored this and just posted it through as there was no one home. The parcel had been opened as the top of the packaging had been taken off so someone has had access to bank statements, my full credit search/ report, loan application, my previous surname and address etc etc. There was supposed to be a USB stick in the parcel containing all my telephone recordings to the company with more confidential information on but this was missing from the parcel. Surely this is a severe breach of GDPR?
Sara (Debt Camel) says
It’s not exactly the lender’s fault though if they paid for it to be signed for. I think you may need to put in a complaint to the Royal Mail :(
Amanda says
Hi Sara just a quick question can amigos change the interest each month even tho your making the payments on time ? Has every month my interest is different .. thanks
Sara (Debt Camel) says
is it dropping?
K says
It goes by days so depends how many days in the month. Mine also varies month to month
sophie says
Amigo Update – Not even looked into as of the time lapse – (loan took out in July 2010) As ive explained to them, i am still paying this loan back (thats how unaffordable it was!) so surely its still classed as an active account? Sent onto the FOS in any case x
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.
The Ombudsman might not be able to consider your complaint if: what you’re complaining about happened more than six years ago, and; you’re complaining more than three years after you realised (or should have realised) that there was a problem.
We think that your complaint was made outside of these time limits but this is a matter for the Ombudsman to decide. If the Ombudsman agrees with us, they will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if the Ombudsman believes that the delay was as a result of exceptional circumstances.
Marl says
dear Sara my son and his guarantor were never asked for bank statements when my son first took out the loan with amigo, and even never asked for them when he topped up, I’m wondering if he has a claim, with juggling changing the payment date as much as they will let him
Sara (Debt Camel) says
Isaid before it sounds as though your son has a good complaint. Just send it in!
You haven’t mentioned anything about the guarantor’s situation. A guarantor won’t win an affordability complaint unless not enough checks were done AND the checks would have shown the loan was unaffordable.
K says
Ive just spoken to the ombudsman service & the man I spoke to has said he is going to speak to his manager now with the info ive given & financial difficulty it has & is causing me to fast track my complaint with them & they will let me know today if they are. Fingers crossed they do
Thomas says
I’m gutted – just had a finally response from Amigo after my complaint at end of October.
Long story short I had one loan and 2 top ups
Started a 9k, topped up to 10k then topped up to 12.5k
They said that even though my bank statements show that 3 months prior I was gambling all my money they still completed affordability checks.
I’m confused because I clearly hadn’t told the entire truth because it had more chance of giving me money to gamble? They said they didn’t need to do checks because I didn’t raise any warnings.. apart from keeping topping up!!
Really frustrating as I thought I had a good case, but I know this has been with FOS since 8th of January so hoping for a better response.
Marl says
Hi sarathe guarantor is ok she has no problems with money and her bank statements are fine, ty for your help this is an amazing site
Steven says
Hi Sara I have sent my complaint to amigo 2 weeks ago. I borrowed 10k last August and almost immediately struggled to pay. I have had provident loans and high credit card usage since taking out. I am on pip and esa for disability so do not work. I have sent all this as part of my complaint.
My father who is also my guarantor is retired and has also put a complaint in approx 2 weeks ago.
I have reached the point where I can no longer pay and they have now went to my guarantor and he being a good father I suppose has not cancelled his direct debit and is paying for me.
I really don’t know what to do as I’d prepared for my guarantor also cancelling his dd so I had some breathing space while the complaints ongoing kept us safe from court action but now I feel the heat as I didn’t and don’t want my father to pay.
Sara (Debt Camel) says
I think you should talk to your dad about whether he should cancel his DD if it’s unaffordable for him. Can you suggest if he isn’t sure he goes to his local Citizens Advice?
Steven says
He definately can’t afford it but he is going to pay it none the less. Would me offering to make a payment I could afford to amigo which would be nowhere near the 396, but would this stop them pursuing my dad?
Sara (Debt Camel) says
Probably not :( Have you suggest he talks to Citizens Advice?
Angela says
Wow, so after sending Amigo the bank statements showing Darren blowing thousands every week ( all of which loans or stolen funds ), his tenancy statement showing months of arrears, a breakdown of all his debts at each top up showing increased balances ( despite him telling Amigo he was using each top up to clear them ), evidence of him lying in his income figures, Amigo have not upheld my complaint ! Apparently this loan was right to be approved and they have asked me to make an arrangement to clear his balance.
I have no income, massive credit card debts ( used to pay Amigo ) and they still expect me to pay.
Complaint has been with FOS for 2 weeks. How on earth can they say it was affordable when he took another loan out only 4 weeks before for 5.5K and gambled it online within 3 days ( all statements sent to them ). Appalling response from them.
Is anybody actually getting complaints upheld before it goes to FOS ?
Sara (Debt Camel) says
At the moment Amigo now seem to be turning everyone down.
In your FOS case, did you ask to be refunded your money plus interest at the rate you are paying on your credit cards? because Amigo pressured you into paying when they KNEW you could not afford it.
Paul says
Sorry for being a bit thick, but if I win a claim on a loan I’ve topped up and am still paying, should I expect all interest paid to be refunded to me, or is it just the remainder of the interest left that is cancelled?
Thanks in advance!
Sara (Debt Camel) says
If you top up a loan, legally there are two loans.
If both of them are decided to have been unaffordable then the interest you have paid on the first loan is added up. And the amount you have paid to the second loan is added up.
If you have paid more to the second than you borrowed (the whole amount borrowed, not just the cash top-up you received) then the extra amount is the interest you have paid on the second loan and you will receive a refund of this plus the interest on the first loan.
If you have paid less than the amount borrowed on the second loan, then you still owe a balance on that loan. Bit the interest from the first loan is then used to pay off as much as possible of this balance.
Sometimes you will still owe some money after all of this. Sometimes the current loan will be wiped and you will get refund.
Paul says
Thank you for clarifying that for me. Just a question regarding DPA and GDPR, I called Amigo last year to ask if I could reduce the monthly payment amount, due to the struggles I was having and they flatly refused without question. They went straight to my guarantor and informed her of this and that she may have to start making payments. I have never missed a single payment (and still haven’t) and I’m not sure if they’ve breached DPA by contacting my guarantor in spite of all payments being made on time.
Also, with regard to the complaint, I was contacted via email, saying that due to the issues I raised, a complaint had been opened on my behalf. I just wanted to thank you for your website, because without it, I wouldn’t have even known I had cause to complain.
Sara (Debt Camel) says
If you get your loans refunded, I don’t think it’s worth bothering about the small stuff.
But if this has to go to FOS, there are two points that you may want to raise.
1) Amigo informed your guarantor of your difficulties without telling you they would do this (correct?) and despite the fact you never missed a payment. You may have found this embarrassing or it may have caused your guarantor needless anxiety? You think this is in breach of data protection.
2) Amigo did not listen when you told them you had problems.
For the latter, it’s good to get some perspective about it, You should be sent a CD containing all phone calls, can you hunt through this and listen to the relevant call – Try to be dispassionate – were they actually refusing to listen (very bad) or did they just refuse to reduce your payments unless you went through an Income & expenditure (probably ok)? Did you give any reasons such as health, reduced income or what? If you didn’t give any reasons, did they ask about them?
Carlie says
I rang a debt advice number to see if they could help me write off some off my debts as I am struggling to pay the monthly fees. I told him they were guarantor loans, he said there was nothing he could do for me but asked my income and expenditure. I told him I was on universal credit with 2 young children. And that I was on universal credits when I had the loan and top ups. He said that they shouldn’t have gave me loan even with a guarantor as it was irresponsible lending.
Sara (Debt Camel) says
It isn’t ALWAYS wrong to give someone on Universal Credit a guarantor loan but often it would be unaffordable for you, and you can complain.
How many guarantor loans do you have and who are the lenders? Who is your guarantor?
What other debts do you have?
Aaron says
Sara,
I just want to say a massive MASSIVE thank you for this forum!
I posted back in October informing you of the situation I always in regarding my Amigo loans and yesterday I received an email confirming my refund had been upheld and they had refunded over £9,500.00 and have removed my guarantor from any liability.
Absolutely chuffed as the they initially told me that they would only refund interest paid on the final loan I took out (£10k) which I paid in total around £7.5k interest. However it seems they’ve actually refunded interest paid on all loans taken out.
It was a long few months of waiting as the 8 weeks had to be extended by another 4 weeks and then another 2 weeks! But finally got the news I was praying for and it’s such a relief.
Again I just want to say a huge thank you for offering this advice. I cant imagine the struggle i would’ve had to continuing endure if I didn’t come across this site.
For anyone who is still waiting for a response from amigo loan be persistently in contact with them and leave them no choice but to uphold your complaints.
Good luck all and thank you again Sara
Joannie says
Hello I have an outstanding loan with amigo, my husband is the guarantor however, we both claim benefits and have mental and physical health problems. I applied for the loan in my name only and was accepted straight away. If they had looked at my credit rating and my credit history they would’ve seen I was unable to repay the loan. We have missed payments and now have a CCJ.
Sara (Debt Camel) says
hi Joannie,
Sorry quite a few questions.
Was this your first loan from Amigo? How large is it? Were you both not working when the loan was approved?
Amigo has a CCJ against both of you? Are you making payments to this?
Are you buying or renting?
What are the rest of your finances like – do both of you have a lot of other debts?
Marl says
Hi Sara, my son sent his bank statements in, and the template letter from here he only sent it on Thursday and they rang home to, 1 make sure it was him 2 to verify his new email, and 3 to say how sorry they were he was not satisfied with there service, they are looking into it now, well I’ve never known anyone get a reply so soon let alone a phone call in less than 2days, just thought I would let you know this about amigo
marl says
Hi Sara, my son received another phone call to day from amigo saying ty for bank statements and this will make it quicker to get it sorted out. 2phone calls from last Thursday when he submitted everything.
Emmie says
Hi
I have won one out of three cases with Amigo on Friday, they have stated they will remove interest and my guarantor, my payment is due on 21st if I cancel DD and lower my payments will they still be able to contact my guarantor or will she have been removed from Friday?
Sara (Debt Camel) says
Emmie, such a relief for you!
Definitely cancel the DD and tell them you want a lower, affordable payment arrangement. They have said they will remove your guarantor, they are not going to go back on that.
What are the rest of your debts like? This could be a good time look at a debt management plan for them all now including the remaining Amigo balance. Or if you have no chance of ever clearing them, this is the time to talk to a debt adviser (call National Debtline on 0808 808 4000) about a debt relief order or bankruptcy.
BUT can you say some more about the first two loans? Do you think they too were unaffordable? How much did you actually pay to those loans? You can still go to FOS and ask for a refund on the first two loans.
Mr F says
Update: Ukcredit have responded with a final decision (in just over 4weeks) they have upheld my complaint wiped off approx 3800 remaining balance and paying 1157 cash to me, I may not be debt free yet but this extra 180 a month is going to help it be a reality sooner rather than later. Just got the lifetime wait with amigo but not worried about waiting that one out till the eight weeks (then off to fos) as i don’t owe anything.
Sara thank you so much for this site, it’s been a light out of the dark will keep you all updated with my other outcomes as and when they come in.
MRN says
How long did they take form upheld to payment?
Mr F says
Letter came through Saturday I emailed the acceptance form with details today. they replied saying funds will be in account 5-10 working days
Maria says
Hi I’ve had 5 Amigo loans 3 of which are top
Ups. I have made an affordability claim and sent them bank statements showing how much I am in debt and my unfortunate gambling problem which I managed to stop 2 years ago. I also sent them a mental health and debt firm. Do you think I have a chance of it being held. I am still repaying my 5th loan I sent my complaint on 29th January
Sara (Debt Camel) says
I think that sounds like a strong complaint – if Amigo had noticed the gambling they should never have lent to you. Good luck & send the complaint straight to the Ombudsman at 8 weeks, don’t let them delay.
Maria says
Sara,
Thank you for this website I would never have had the courage to complain without it. I also had a loan with 118118 and this was finally repaid via debt management but I had to take out another loan with them which I am repaying on a repayment plan. I have sent them also the mental health and debt form but am still waiting. I will update you if I have a response from either lenders.
Maria says
Hi Sara,
I have received two identical emails from Amigo since sending my bank statements and mental health and debt form asking for more health information. I have answered the questions as best l can but three questions which concern me are “are your financial affairs managed by someone else, has your illness effected your day to day management of your financial affairs and made you confused”. I have answered no to both questions and the third is “what have you been diagnosed with” l have answered depression and anxiety due to financial strain. I am concerned they will hold this against this and say l am to confused to know what l am doing.
Sara (Debt Camel) says
I havent seen them do that and they shouldn’t.
On that form, if you don’t want them to phone you, say that you would prefer emails.
Denis says
I borrowed £3000 And then had a top up. For £7000 on the 24th July 2017, I have made a complaint as debt camel suggested, I and disabled and have never missed a payment which is£276 a month but recently I spoke to some one to tell them I am having trouble paying this and i was told to keep going and get back to them when i know i wont be able to pay. I need some advice on weather I should pay as I have now made a complaint. Thanking you in advance.
Ben B says
Got a response on Fri night saying Amigo wouldn’t uphold my complaint. Their reasons was that my salary given was correct (ignoring my bank statements with much less received from salary due to time off with depression). And my credit file said I was managing my repayments to existing debts great (2 credit cards, 2 bank accounts and a catalogue debt) Never mind that I 24 payday loans from 20/05 to 29/09 totalling £7,600.
They even had a letter from my previous counseller saying I was struggling mentally from depression, and that I had Dyspraxia and she diagnosed me with Aspergers, I remember getting a letter back saying that her word wasn’t enough for my diagnosis.
I am in arrears since 31/01 for £296, with no job I got no way to pay anytime soon and my brother who is the guarantor is signed off as being unable to work due to depression and suicide attempts.
Sara, do you think its worth emailing again to dispute their decision and maybe include their ops director as well in the email?
Thanks
Sara (Debt Camel) says
I think you should send the complaint to FOS if you haven’t already. I haven’t seen people have much luck from emailing directors at Amigo – did you get a reply from the CEO?
“I am in arrears since 31/01 for £296, with no job I got no way to pay anytime soon”
I am sorry to hear that -I had hoped the PPI refund would have helped you. How much other problem debt do you have?
What was your guarantor’s financial situation when took out this loan? Does he have other debts as well? Has he told Amigo about his financial and mental health situation?
Ben B says
Its already logged with FOS, I sent an email to the Hamish Patel email address but never got a reply.
The ppi reward was mostly used to cover some payday loans debt, some redecorting of my room and I lent £1000 to my guarantor.
In total I think the debt besides amigo’s £7000 to go, is about £8000 for a HSBC credit card, £2000 for a next catalogue with a debt company and about £4000 with santander credit card and overdraft fee.
As to my guarantor, his financial position was good at the time the loan was taken out. But since then he fallen on bad times, he just got a final offer of £5000 from his ex employee due to constructive dismissal, he hasn’t spoken to Amigo, could be an idea.
I am hoping to either get a better decision from Amigo (very unlikely) or to be paid back that £1000 and then I would be okay for a little while. Til I hear from FOS
Sara (Debt Camel) says
Are you making payments to your other debts? If you are, then look at payment arrangements to get you through to a FOS decision.
Anon says
When applying for a guarantor loan, have other people lied about their income/outgoings and, ashamed to say, whether they were actually working when they were not? I’ve only recently applied for refunds off Bamboo and Amigo but now I’m thinking could I get done for fraud!? Obviously it was desperate times and it was the only way to get some money at the time…Many thanks
Sara (Debt Camel) says
yes, it is incredibly common. Obviously it is better to not have done this, but the lender knows that many people applying for guarantor loans are desperate and so should have verified your income & expenses eg from your bank statements. These cases are being won at the Ombudsman, so send them straight to FOS if the lender rejects them.
Julia says
Yes I did. I even used the name of a company that didn’t exist! No checks evidently done and no bank statements were reviewed at the time. I’m at 15 weeks with Amigo as of today.!
Jim says
Hi Sara,
I have recently had my complaint partially upheld with UK Credit. They accepted what when they gave me a top-up, more checks should have been done.
I had to bite their hand off and accept the offer, due to the fact that I had a CCJ on my guarantors property and an attachment of earnings order through my employment, so was desperate to get these removed ASAP.
Am I allowed to take my complaint to FOS regrading the part of the loan they did not uphold? I appreciate from reading the blog, once you sign and accept your response, it can be difficult to escalate further. Would my circumstances be deemed exceptional?
Sara (Debt Camel) says
did they ask send you a response and ask you to sign to say you accepted it?
Have they removed the CCJ?
Jim says
Hi Sara,
Yes they have removed the CCJ and the attachment of earnings order is no annulled.
Yes I signed the response out of desperation and embarrassment, as my employer was obviously aware of my financial issues and had to make Payroll deductions.
Sara (Debt Camel) says
Well you can talk to FOS about this. You could say that you feel they made a poor offer knowing that the extreme enforcement actions they had taken would make it impossible for you to say No. But FOS may say they can’t look at it because you accepted the offer.
Brandon says
Good afternoon Sara ,
Thanks for your reply but I’ve been told they hadn’t offered my guarantor the refund as they thought my outcome was fair spoke to them upteen times now as I know I’m well aware my guarantor is due the refund is their heel dragging a tactic for me and my guarantor to pursue the complaint as I’ve said before it’s nearly £4000 in refund if awarded is this a likelihood of being accepted or not
Sara (Debt Camel) says
I can’t think why they haven’t repaid your guarantor and I think his complaint should succeed.
Brandon says
Morning Sarah ,
Again this morning pursuing this they will not discuss anything with me only the guarantor as my complaint was upheld and the remaining balance settled and the FOS backed their decision in settling the outstanding balance as a fair outcome I have took your advice and told them that my guarantor should of been offered a refund for the payments they had made and all I was told was “your complaint was settled and will not reopen to investigate this” it’s really annoying as privately I had made payments to my guarantor for the loan repayment amount. Hopefully fingers crossed they don’t drag their heels much more as it’s nearly £4000 due to be refunded
Thanks again for all your help Sara
Sara (Debt Camel) says
In hindsight it may be that you should have pushed more at the time. But where things are at the moment, Amigo have to respond to the guarantor and hopefully that will resolve the matter.
Brandon says
Yeah I know in hindsight I should of pursued it at the time but I never thought they wouldn’t of refunded my guarantor by the messages on this thread will be a long wait hopefully they realise they should of done this in first instance and it’s a quick okay to refund shouldn’t see any issues with that fingers crossed
Thank you again Sara this post keeps me going and pursuing for my refund
Emma B says
Well, after much soul searching I’ve bitten the bullet and made a complaint to Amigo regarding affordability and interest accrued for late payments. I fully expect it to go the ombudsman. I’ve been through all my statements and worked out that after the interest whacked on my £6500 loan will cost me around £20,000. That can’t be right surely? Over the last five years I’ve so far paid back around £14,590. We’ll see what happens, but something is very amiss. Also pointed out that due to harrasment over late payments I usually rob Peter to pay Paul and other priority bills often get left waiting.
Sara (Debt Camel) says
That sounds like a lot of interest. What was the term of the loan? have you missed payments or had them reduced? How large are the charges being added on for late payments?
If you have been borrowing more or getting behind with bills to repay the Amigo loan that is a sign that it is unaffordable now. What was your postion like when you took out the loan, were you already in a financial mess at that point?
Emma Baker says
Hi Sara, yes. When I took out the loan I already had payday loans, and a very poor credit history. My Guarantor (my dad) had an excellent credit rating so they made no effort to check on me. No payslips or bank statements asked for, I was even allowed to take out a ‘top up’ loan a year later, even though payments were frequently late. I have rarely made a payment on time, but I have never had to ask my dad to step in as guarantor as I’ve always paid it before it gets to that stage. I’ve had the loan over 5 years, and although they don’t charge late fees, it does accrue extra interest if you’re late with your payment. My monthly payment is £247.48, one month £316.00 interest was added, which I did question and was told it was ‘normal’ and the interest would even itself out. Essentially, after a few calculations a £6500 loan will cost me just shy of £20,000 by the time it’s paid off entirely. I’ve already paid the £6500 more than twice over in that time.
Sara (Debt Camel) says
I was even allowed to take out a ‘top up’ loan a year later, even though payments were frequently late
That is a very strong point to make in your complaint.
I think those extra charges sound surprisingly high. I would say focus on the affordability aspect for now, as if you win that you get all the interest and charges back. But if it goes to FOS I think you should also make a point of saying that the extra charges have made your life much harder and you feel a firm should have been more sympathetic to someone in trouble, not make it harder for you to get out of it.
Good luck, and send the case straight to the Ombudsman at 8 weeks.
Emma Baker says
Thanks Sara, your advice and help to all of us on here is so valuable and really makes a difference. Will keep you posted on what happens :)
Charlotte says
Hi…. Has anyone had a case prioritised with the ombudsman?
AG says
Yes! It took them 2 weeks to assign a reference number but then I’ve called around once a week to beg them to prioritise my case. They have had it 6 weeks total now and it’s assigned to an adjudicator :)
Charlotte. says
Thanks for reply. I sent my case to ombudsman 29th Jan but since then I’ve fell behind with 3 payments now on my amigo loan. Amigo have sent threats of court letters etc. I lost my home and just cannot afford to pay the payments. Its either that or my rent and I have 3 kids. My payments are 489 per month. I called the ombudsman yesterday and explained through many tears the situation. It’s now being Considered as a priority case which they said they will have a decision within a few days. Really hoping they take it as priority. I’m not sleeping and my hair is falling out with stress.
AG says
I know that feeling well I’ve been off sick with stress and not sleeping plus being made redundant now. You’ve done all you can and as much as they threaten court they can’t start court action with a complaint open. Always pay things like rent, food, anything the kids need, council tax etc. before even considering paying amigo. I sent my complaint to them just before new year’s eve and they’re still trying to get my file from amigo (who have missed 2 deadlines so far already from FOS).
Charlotte says
I got an email this morning to say my case has been prioritising. The ombudsman service so far have been so good. Very reassuring and have helped me to calm down. They’ve said it should be within a couple of weeks so fingers crossed
STEVEN says
Hi i had a loan with amigo, initially it was for £5,000 which we then topped up to £7,500, I’ve read the articles on here and thought i would go through my paperwork, it turns out the interest alone on this loan is over £10,000, i had no idea it was that much, we were desperate at the time and just needed the money i told them.how.much i earned and told them my girlfriend paid most of the bills, they never asked for proof of my income or hers, the loan is solely in my name, should they have checked my girlfriends income as well?
Sara (Debt Camel) says
The starting point for a complaint has to be that the loan was not affordable for you. Has your financial situation got worse because of these loans, do you now have more debt or are you in arrears with bills because of the Amigo repayments? Was the need for the top up because the first loan was causing you so many problems?
That is the heart of your affordability complaint. To help it you can point out where Amigo got your Insome & Expenditure assessment wrong. Yes they should have verified incomes – but that will only help you if proper checks would have showed that your incomes were actually lower or variable.
Yes they should have verified your expenses – did your girlfriend really pay everything? If your bank statements show you were paying some of the bills, they should have been included in your I&E.
So I am just saying focus on the general problem, that the loan was not affordable for you, and show what proper checks would have shown. You won’t win a complaint just beccause some check was not done if that check would have shown that the loan was affordable.
PS I am assuming here that your girlfriend was not your guarantor.
STEVEN says
No my girlfriend was not my guarantor, nothing was ever verified as to what i earn, all of it was done verbally over the phone and to be honest we fudged the figures just so it would seem we could afford it as well were desperate at the time and in a lot of debt with credit cards and other loans
Sara (Debt Camel) says
ok so they didn’t verify your income and expenses and if they had they would have seen the loan was unaffordable. That is your complaint. Enclose your bank statements for 3 months before the loan application and the top-up appliaction with your complaint – they should show what Amigo would have found if it had attempted to verify the numbers.
Kat says
HI, ok so a Bamboo update!
Beginning of Feb, they rejected my complaint but offered £500 as a gesture of goodwill, and to write off the remaining balance (just over 3000), and to remove my guarantor. I have paid back over £8500 already on a £5k loan, 18 months left on loan term. I have requested a larger GOG due to amount paid, I have a single tenancy agreement but they accepted my partners contribution as income even though he is not on agreement and I am liable for the full amount.
Guarantor complained separately. They have upheld her complaint, removed her as guarantor and refunded her two payments she made on my behalf.
I could really do with £500 now, but I have paid over 3.5k in interest already. Their reasoning for upholding my guarantor’s complaint is:
“However, we acknowledge that if we had not made an adjustment to your debt servicing figure, the loan cannot be demonstrated to have been sustainably affordable for you. Therefore, we have decided to uphold your complaint and agree to release you as the Guarantor on this loan with immediate effect.”
If this is the case surely they shouldn’t have given me the loan? Whatever my circumstances, what are the chances of me winning with the FOS if they should not have accepted my guarantor?
Thank you!
Sara (Debt Camel) says
If a borrower wins their affordability complaint, the guarantor is released as they should have no liability for a loan which did not benefit them at all and which should not have been given.
But I don’t think the same argument doesn’t apply to a borrower. You were given the loan and you agreed to the terms of this. The fact there is a guarantor doesn’t change your liability to repay the loan so when the guarantor isn’t there, nothing really has changed for you.
So I don’t think Bamboo releasing your guarantor has any impact at all upon your complaint.
So your options are to accept the £500. Or try to persuade Bamboo to increase that. Or to send the complaint to FOS.
How hard has it been making the payments, have your other debts increased or have you got behind with bills? What was your partner’s situation like, did he have problem debts of his own, was his income variable?
Kat says
Hi Sara, thank you for the reply.
Interesting regarding the situation if the guarantor is released – I would have thought, logically as the loan was provided with a guarantor being essential, that if the guarantor shouldn’t have been accepted than the loan should not have been approved – the terms of the loan on their side was that they would only issue if the guarantor was able to pay if I wasn’t, and she wasn’t able to as shown by them.
Have their been any cases with the FOS that you know of where the guarantor’s inability to pay meant that the loan recipient had their case upheld?
I am leaning towards accepting the £500 as I have complaints with Amigo and UK Credit and various payday lenders and this would mean this one is gone. It will save me £200 per month also, and I would rather focus on the others as I have just had to wipe my months finances out again due to paying Amigo and UK Credit this month, I am behind with priority bills and I know my guarantor can’t pay these. The Bamboo loan was the first one I took in 2016 two years before any of the others so I think I will not have such a strong case with them and I will also then be liable to keep paying for the next 18 months.
Sara (Debt Camel) says
Have their been any cases with the FOS that you know of where the guarantor’s inability to pay meant that the loan recipient had their case upheld?
No there haven’t.
You can try it, but I am saying do not pin any hopes on it working as I very much doubt it will AND put a lot more effort into other arguments about the affordability for you because they have a massively better chance of working.
Now your guarantor has been removed, this Bamboo loan is just like any normal debt. You can make them a much lower affordable payment offer and what can they do about it? While you have a complaint at FOS they cannot take the case to court.
But it’s up to you. They have wiped off a stack of interest which is great and £500 will help with your other guarantor loans for a month and no need to pay Bamboo anything any more. You may feel that is a good option for you right now and you are the one that matters in this.
Kat says
Hi Sara, thank you so much for your reply.
I have weighed everything up and gone for their offer of £500. Yeah, I could have got so much more but – I no longer have this loan hanging around my neck, I have saved over £3k in future payments, and my lovely sister who is so supportive no longer has this worry either. So really it is win win and I need to pick my battles.
Thank you!
Julia says
I’ve had an Amigo loan complaint outstanding since 28th October. We are now at 15 weeks.
I contacted the FOS at the 8 week point.
I called the FOS today to get an update and they advised me it would be very unlikely I’ll get a response for another few months due to the volume of complaints they have at the moment.
Likely 3 months from when it’s assigned a team member…
So to anyone considering logging a complaint with Amigo, start now! Its going to be months and months…
ABP says
Have you contacted Amigo?
Mine was 13 weeks and I’ve been told the investigation has finished just waiting for a manager to sign it off.
K says
Abp what have they decided after 13 weeks do you know? Im just curious if they are still upholding some claims as all im seeing is peoples claims being refused. Im just over 9 weeks now
Julia says
Yes. Absolutely nothing from them apart from holding emails and that they will be in touch.
A Great Wall of silence.
Julia says
I’ve just had a FOS update – it’s going to be at least 4 months from now ( that’s on top of the 7 weeks it’s already been!)
Oh my.
Rob says
I have 4 guarantor loans, all running at exactly the same time (all paid in full, never a late payment) and the adjudicator has agreed with me
On all of them.. long story short the suggestion is for the companies to pay me back the interest and also 8%. Two of the companies have until the 12th to respond. The other two have until the 22nd. Not heard anything back off the companies yet though. Amigo, George banco, glo and buddy they were with. Anyone had experience of getting paid out from adjudicators recommendations