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
Julie says
How do I put a complaint into FOS amigo on 12 half weeks same with George banco.
Jen says
There is info on this site. All you do is go to the FOS webpage and submit a claim and follow it all through the options. Really quick and easy
Em says
Hi,
Can anyone help. I have received a message from amigo asking me to fill out two questionnaires regarding to 2 loans I’m complaining about. The first one states an income that isn’t too far off what I would earn on a good month (I’m self employed so it does vary) however the second is majorly wrong. Has anyone else had this problem and how did you respond?
The income stated at the time we paid out this loan you received £1,239.70, was this correct?
Then
The income stated at the time we paid out this loan you received £2,472.70, was this correct?
Sara (Debt Camel) says
You have two options. You can simply reply that you have sent them your bank statements which show your actual income and expenses and you look forward to receiving their response to your complaint.
Or you can go into more detail, saying “I was self employed so my income varied. I don’t think I put £2472 down as my income [assuming you think that is correct!], it is way out, why did you not query this as it was such a lot more than my first application? If my income had gone up that much i would not have needed to have borrowed from you!”
NB you must make sure this is accurate, if you don’t remember what happened, don’t guess! Just go for the simpler reply. Or don’t reply at all, they have to consider your complaint even if you don’t.
Stevie says
I’m not sure there saying my loan was affordable becuase I have maintained. Payments and I said on application I had a disposable income of 1000 pound which was checked against stats or something they were aware had 2 ccjs on my file but state I was paying them when I have not been paying them
Beth says
When did you raise your complaint . I haven’t heard anything back I raised mine on 7th January. It’s almost 8 weeks but they have a backlog. If my gaurentore has had to make all my payments since 2018 what will happen will he get the money back
. Have I got a chance of it getting removed
Jacs says
Sorry – long message,
I sent my complaint (using your template) to Amigo 6 weeks ago and bank statements showing that the loan is unaffordable and that I am living in my overdraft every month for 3 of 4 weeks of the month and borrowing from friends and getting further into credit card debt just to get by. They also never asked for proof of income or expenses…
I stated that my partner pays some of the household expenses but they didn’t even ask who my partner is or for proof that he actually does pay these bills. I received the disc with my info and the budget is unrealistic. They said my food budget for the month is £50 and clothing also £50 ! I have a 7 yr old child……
also have a car, which the car finance is included in the budget. They have £60 a month for travel expenses – this doesn’t even cover petrol! Nothing budgeted for car insurance, road tax or repairs, servicing and MOT costs. Also nothing budgeted for child’s activities, school lunches, uniform, entertainment and family activities. The loan is for 5 years so their budget is not only inaccurate, it is unrealistic……
I pointed this all out to them in a letter after receiving disc, which they said they would add to their investigation. I made the payment as normal last month (even though THEY cancelled my direct debit after receiving the complaint). I then struggled as usual all month.
Jacs says
What happens if i don’t pay this month? Will they chase my guarantor? Will it affect my credit record?
What happens with this loan on my credit report if I win the complaint? What if I don’t win?
What is the average wait time with the FOS? Do I just keep struggling on paying for months until I get a decision?
Sara (Debt Camel) says
£50 for food for you two is ridiculous!
“What happens if i don’t pay this month? Will they chase my guarantor?”
yes. Can your guarantor afford to pay? If not, they too could complain and cancel their DD. See https://debtcamel.co.uk/amigo-complaints-by-guarantor/ for more about complaints by a guarantor.
” Will it affect my credit record?”
yes, but your credit record is unlikely to be good if you had to get one of these guarantor loans in the first place!
“What happens with this loan on my credit report if I win the complaint?”
If you win your complaint then any negative marks Amigo puts against the debt on your credit record are removed.
“What if I don’t win?”
from what you have said this sounds like a case where Amigo didn’t make enough checks and the loan is unaffordable. So I would hope you do win. But if you don’t, then not paying the monthly payment will be recorded as missed payment and defaults after a few months.
“What is the average wait time with the FOS?”
There haven’t been enough cases for this to be clear.
“Do I just keep struggling on paying for months until I get a decision?”
I think this must depend on how impossible the current payments are? Could you cut the payments to other debts to let you carry on paying Amigo?
Most people in your situation are most worried about their guarantor rather than their credit rating.
Jacs says
Thanks Sara for getting back to me. I’ll probably just pay it again this month and muddle along in the hope I get a decision from them in the next few weeks. The only reason I’m concerned about my credit rating is for when the time comes when I need another car so that I can get finance without paying over the odds like I had to do this time (my car is 8 years old but I plan to keep it until it doesn’t go anymore). I need the car because of where we live and where myself and my husband work and getting my son to school on my way to work, etc. Public transport just isn’t an option! I’ve worked hard for years now to improve my credit rating. I have no missed payments or defaults. The only downfall is too much debt, too many credit cards, catalogues, loans but I’m working on this too a small bit at a time. The big loans I’m paying will be gone in a couple of years. I shredded my credit cards in December. You can’t spend plastic noodles!
Julie says
George Banco agreed to put me on a payment arrangement which came out for 56.00 per month instead of 396 said if I pay on time for 3 months my loan will be rewritten then yesterday they took full mo they payment out of my guarantors bank and we are now having trouble getting this back we have both also put complaints in about lending the loan in the first place can I do anything g else as my guarantor hasn’t got that money spare I made 13 calls to them yesterday and numerous emails they have reheated bank statements from my guarantor for last 3 months and also didn’t look at them. The person who arranged the payment arrangement said it was an error but now his manager won’t refund the payment
Emma says
That’s really low for a payment arrangement. My monthly amount is £345 normally and they wouldn’t accept a payment plan of less that £210 a month despite my health issues. I would say if you have any written confirmation that this is the payment arrangement is what was agreed-id be firing it their direction right now.
Sara (Debt Camel) says
“The person who arranged the payment arrangement said it was an error but now his manager won’t refund the payment”
what was an error – the payment arrangement? or the fact the money was taken from your guarantor?
I hope your guarantor has now cancelled their DD so mistakes can’t happen in future.
I think they can go back to their bank and say GB incorrectly took the money from them without warning them and ask for it to be reinstated under the DD guarantee.
Julie says
The fact the money was taken from my guarantor it was George banco and they took it from her card not a direct debit. X
They also haven’t emailed me with payment arrangement detail as just on the phone said I had to make three payments of 56 pound and then my loan would be rewritten its proved it’s set up because the 56 pound has come out my bank today as agreed so don’t know what’s going on.
Sara (Debt Camel) says
How long ago did your complaints go in?
Has your guarantor now cancelled the CPA with her card?
Julie says
I made my complaint December 3 rejected it sent them bNk statements of gambling on my bank statements and they said they would look at and reply by Friday just gone x she has tried to cancel with bank but because a card payment it’s showing as pending and can’t do anything till it clears. I am worried they will do this each month. And scared if she recalls from bank it will affect her credit score when I set the arrangement up they said it wouldn’t affect her in anyway x
Sara (Debt Camel) says
ah, I didn’t realise this payment arrangement was their response to your complaint, I thought it was just an interim measure while the complaint went through.
What did they mean by saying “I had to make three payments of 56 pound and then my loan would be rewritten”? Have they agreed to remove the interest from your loan? To remove your guarantor from the loan?
Julie says
It is just an arrangement with the interest still on as far as I know but I had to make three payments on time for it to be rewritten that’s what he said. I still haven’t had a full response to my complaint yet. He said I contacted him in time before any action would be taken by telling them I couldn’t afford it asked for expenditure forms to be sent over for both my guarantor and me which I did and bank statements for me and said my guarantor shows they couldn’t afford to pay anything I could pay 56 pound hope that makes sense xx
Sara (Debt Camel) says
I have no idea what that means. Your complaint has been with them for more than 8 weeks. I suggest you go back to them and say you want the interest removed, your guarantor released and for you to be able to go forward paying £56 a month and unless they agree to this you are sending your case to the ombudsman.
Gemma says
Well I had my redress payment on Thursday from George Banco after my complaint was upheld and they tried to take my monthly payment out of my account this morning!!! Such a lack of communication between departments it’s unreal.
Maria says
Hi Bamboo have been quite quick in responding and offered a goodwill settlement which l have accepted however looking at the final response letter now they have not added the 8% statutory interest. Can I go back to them and point this out
Sara (Debt Camel) says
A goodwill payment is just that, it wouldn’t normally include the 8% extra.
Jen says
Has anybody had any dealings with TrustTwo? Will be 8 weeks tomorrow since my complaint and haven’t heard anything at all from them since my acknowledgment letter. Just hoping it isn’t another long FOS wait!
Jen says
Just in case anyone has TrustTwo, they are 2 weeks behind, just like Amigo are 4 weeks behind 🤦♀️ off to FOS I go!
Julie says
Hi how long is people waiting for final response from amigo . My 8 weeks is up on Tuesday and I spoke to them and they said their was a backlog. How likely am I to get a refund of my gaurentore has paid my loan for me for 22 payments . I had a loan for 3500 then I upgraded it to 5000 I was desperate and been paying £215 a month. What will happen will they refund the full loan and remove gaurentore or just refund the interest . Loan is still on going atm
Please help me
K says
Im on week 12 from tomorrow & still no further forward. You will more than likely get an email off them on the evening of week 8 & they will ask for a further 4 weeks but they will take longer. Money your guarentor paid will go back to guarentor IF your case is upheld. Depends how much you have paid as you will of only been paying interest the first 3 years of loan so depends if interest covers full amount of loan as to if it would clear the loan
Julie says
sorry I I don’t quite understand .
So if the amount I have paid covers the loan will this amount be refunded to be gaurentore
Or if their is an amount left over this is the amount that will be wiped off and the rest refunded .
It’s so hazard I had sent with everyone and was really struggling and was desperate for the loan but my gaurentore has been paying it for me .
I’m giving the money when I can . Moving forward I’m gonna be in a better place so I’m gone get him to still pay and I’ll pay him .
12 weeks and u haven’t heard wow .
So what will happen to you
K says
So basically like mine is £7,500
Ive paid back around £13,000 so far & almost all of that is interest as amigo charge all interest the first 3 years (about £40 a month of my £296 payment actually comes off the loan the rest is interest)
So once they calculate what ive paid in interest, they will say as an example you’ve paid £12,000 in interest so we will use that to pay off the £7,500 & you get the £4,500 difference refunded
If you have a loan of £5,000 but have only paid back £3,000 in interest, if they uphold your claim, they will release guarentor, take the £3,000 off the loan & you will be left with £2,000 to pay but you can set up a more manageable payment arrangement because they will of released your guarentor
I sent to the fos at 8 weeks & havent heard of them either yet but i believe it is with an adjudicator now so hopefully wont be long as they agreed to make my case a priority but its still a long wait with fos, upto 6 months
Sara (Debt Camel) says
hi Julie,
if you can give me some details I can try to untangle this for you so you know what would happen if you win your complaint.
So your first loan was £3500. How many payments adid you make and how large were they? Did you guarantor make any payments to this loan?
Then you topped up to £5500. Do you remember how much money you received in cash? Then the monthly payments were £215 – so that was a 5 year loan? How many payments have you made? And how many have Amigo taken from your gaurantor?
Julie says
Thanks for your help
So my first loan was for £3000 was £146.37 for 36 months that was August 2017
Then in April 2018 —- £213.88 a month, Loan was for 48 months it says the 5000 one
Pay off old loan amount 2748.28 to settlement it
Money sent to me £2251.77
Sara (Debt Camel) says
Ok, do you know how many £146 payments you made to the first loan? I can’t guess from the dates as I could be 1 or 2 out. Did you make all these?
And for the top up loan, same question. How many payments have you paid? And how many gas Amigo taken from your guarantor?
Julie says
Hey all payments have been made by gaurentore .
8 payments of first loan
Second loan 23 payments al by gaurentore
Sara (Debt Camel) says
oh! That’s unusual. Was Amigo taking the payment from the guarantor’s account? Or was the guarantor just paying Amigo when you were supposed to pay? IF you see the difference… I mean did Amigo know these payments were coming fro the guarantor or might they have thought the payments were from you?
Julie says
I’ve Ben ina really bad place s the loan was failing from my side then was going reminder letters and messages and my gaurentore was then going out paying it with his card . As I wasn’t able to pay
Sara (Debt Camel) says
If Amigo took all the payments from your guarantor, and you win your complaint, then your guarantor should be refunded all the money thye have paid. All of it, not just the interest part. So on your figures that would be £1168 for the first loan and £4890 for the second loan, so a total of £6067.
And that would leave you owing all the amount you had had in cash from them – £3000 on the first loan and £2251 on the second.
Do you have a lot of other debts as well as this one? Are you renting privately or council /housing association?
Have you been paying your guarantor back?
C A says
They took 13 weeks to give me a decision and then they rejected my complaint. I sent it to the FOS but it hasn’t been picked up by an adjudicator yet
vicki says
How much was your loan for ? and is it still on going or is it paid off now ?
When did u send it to the FOS
C A says
I had 6 loans in total. They wouldn’t consider the first 2 cos they’re over 6 years old. I’m still paying the last one off now. I sent it to the FOS after about 10 weeks
Graham says
Hi Sara.
I’ve now had to block George Banco from taking any more payments. They’ve taken one this month after my wages went In but this will leave me financially struggling. I’ve emailed them and requested that payment be reinbursed while I have a complaint ongoing, but if I’m honest I doubt I’ll get it back. By Wednesday I’ll me receiving more harassment for non payment of March and this isn’t even my loan in the first place. I don’t suppose thiers much more I can do but wait for my complaint to be heard?
LOUISE says
hi i would personally change your card details as they normally take it from your card – might be without a card for 5 days and dont update it on tehir end that is what stepchange advised me.
Gra says
I can confirm that payments have been blocked by my bank. A garentour should be for back up, not a piss take from either the original loan taker or the company providing the loan. I can see these sort of loan providers dying very quickly when garentours become as rare as dodo’s..
vicki says
Hello , Wondering if someone can give me a bit of advise please. So i had loads going back to July 2014 and before with amigo Loans.
I have sent them an email using your templates. my question is can they refuse to look at these as the loads are 6 years or older.
Kind Regards
Vicki
Sara (Debt Camel) says
Amigo may well refuse to look at loans over 6 years old, but if they do, send it straight to the Financial Ombudsman who is upholding complaints about older loans.
Nige says
Hi Sara i have 9 year old loan with tfs. The adjudicator has upheld it but tfs are still saying they will not allow the Fos to look at my complaints. My adjudicator has sent them some more clarification.. What happens next ?
Sara (Debt Camel) says
Either TFS change their mind, or FOS will come up with a formal jurisdiction decision asserting they can look at it.
LOUISE says
hi i was just wondering while i have a complaint in with the loan companies they cannot take me to court while i am doing this (mainly the guarantor ones who are the most persistent) – also in the process of setting up a dmp (i am still deciding to do this myself with their letter templates or to go through stepchange as they then take into account my car and i dont want to loose my car) due to financial circumstances changing and being unable to make this. I have just recently had a separation and miscarriage so have advised them of this.
Sara (Debt Camel) says
Very sorry to hear about a miscarriage and a asperation – hard times to get through.
Lenders should not start court action while you have a complaint in progress.
Which guarantor lenders have you used? Who is your guarantor?
Not sure what your point about StepChange and the car is?
LOUISE says
It was George Banco and Amigo – I havent made any payments to Amigo since June and George Banco the last few months due to family issues and reduce of hours and also not being able to even keep up with my priority bills.
When I have asked to set up a DMP with stepchange they have said I must include my monthly car payment of finance so I am not sure if that is the best route to go down as this will then include my car and would generally mean losing it i would imagine as they wont take reduced payments?
My guarantor was one of my old work friends he has mentioned he is unable to make the repayments .
Monthly one for Amigo is £395.00 and George Banco £280.00.
Looking back into it I have had top ups and received DSAR AT least from George banco and alot of defaults around the time- requested bank statements to send them – but i did mention to them it wasnt just the top up it was the inistial loans as well as I was already on my own dmp – set up by myself to alot of the creditors at the time.
Dan says
Hi Sara
As I have put in a complaint against amigo I’m curious to see what the redress would be if it was upheld, can you advise please
Opening balance £5000
Current balance £4615.25
Paid out £2035.50
Settlement of old loan £2964.50
19 payments of £197.62 = £3754.78
Also when I complained I didn’t address the previous 2 loans from which I topped up on, would they be taken into account or if this complaint is upheld it would be a separate complaint I’d have to make?
Thank you
Sara (Debt Camel) says
Why didn’t you complain about the earlier loans? how long ago did you put the complaint in?
Dan says
I put the complaint in on 31st January, I thought it would have been treated as one whole loan and not 3 separate loans because of the topping up
Dan says
Hi Sara
How does one workout the 8% interest on a redress with the above figures? Also for anyone who’s had a Safetynet Credit account, I made an affordability complaint 2 weeks ago and it was upheld today without sending statements which is surprising as I thought they’d defend their lending decision more considering they access the bank account directly
Sara (Debt Camel) says
SNC are in a pretty weak position as they could see your bank account, so they settle a large number of complaints directly.
Sara (Debt Camel) says
OK, I suggest you email Amigo now and say you don’t know if your complaint was clear but you are complaining about the original loan and the top-ups as you think they were all unaffordable (I am assuming you do think they were unaffordable!)
To work out how much interest you have paid, there were three loans? I can’t tell from your figures what was paid to each.
So for each loan I need to know:
– what you borrowed, How much you received in cash if it was a top up, how many payments you made and how large they were
It doesn’t matter what the current balance is.
Dan says
Hi Sara I’ve got the loans and amounts, I have also emailed Amigo stating that I want all loans included in the complaint
loans provided by amigo
16/03/2015 £1000 – 5 payments at £103
28/08/2015 topup to £2000 – received £1542.28 – 28 payments at £97
02/12/2017 topup to £3000 – received £2110.68 -4 payments at £136
02/04/2018 topup to £5000 received £2035.50 – 21 payments at £197
Sara (Debt Camel) says
Hi Dan, could you have another look at the numbers for the first loan?
At the moment it says you borrowed £1000, made 5 payments in total £515 and then settled it with £2000 minus £1542 = £458 from the top-up loan.
But that means the first loan was settled for £973, less then you borrowed, so something doesn’t look right.
Dan says
Yes I have double checked and it is 6 payments not 5 sorry
Dan says
Hi Sara
Loan 1 had a card payment in between direct debits, I paid £672 towards it
Loan 2 – 26 payments
Loan 3 – 3 payments
Loan 4 – 21 payments
Just received statements from amigo, had a lot of direct debit reversals so had to make card payments
Sara (Debt Camel) says
Amigo’s statements of account can be very confusing if there are reversals. Really the best way to find out the amounts you paid is from your bank statements.
Assuming those numbers are right:
I make it you paid the following in interest on each loan:
1 – £130 (NB that looks surprisingly low)
2 – £1414
3 – £373
4 – you have only paid £4137 so far, less than you borrowed so if the interest is removed you would still owe £863
If all 4 loans are refunded, you would get a refund of about £1052.
C says
Hi Sara,
I wonder if you can help me, I had my complaint partially upheld in Sept and a refund of just over £3k was refunded onto the remaining balance. Leaving me only £3,534.72 to pay. The interest was frozen & I set up an affordable payment plan from £276 to £144.
I’ve managed to stick to the payment plan and my balance now stands at £2523.92. However as I no longer work and only in receipt of student finance. I’ve realised that I will struggle to keep paying £144 as my 3rd student payment is paid next month and has to last me until September! after calculating my rent and amigo payments I will only be left with £320 to last me for 5 months and I’ll still have to pay for food shopping, electric and my phone out of that. I’m scared to ask to reduce the payments further.
Sara (Debt Camel) says
Your guarantor was released?
What other debts do you have as well as this one?
C says
Yes she was released and overdraft £20 a month credit card £10 a month, mr lender £104
Jen says
Make sure you put a complaint in to Mr Lender – you can then get rid of that and possibly refund too
Victoria says
I received this email – is it generic?
I have advised them that I am behind on priority Bill’s and I phoned up one month after I received money to ask when I could apply for a top upm
Dear Victoria,
My name is Ellie, and I work in the Customer Relations Team at Amigo Loans. Thank you for your email and I am sorry to hear you feel we should not have lent to you. I have raised a complaint on your behalf so that we can investigate the matters you have brought to our attention.
One of our dedicated Customer Relations team will be in contact shortly. In the meantime please provide a bank statement for one month prior to the loans being paid out, the month of the loans being paid out and one month post the loans being paid out, for us to review within our investigation.
If you are currently struggling financially I would encourage you to contact our collections team on 01202 629161 to discuss this further, at present your payment preferences remain on. Rest assured we would not expect you to pay something you cannot afford.
I have also requested that your personal information is sent to you, please be aware we have up to 30 days to action this.
If you have any further questions, please do not hesitate to contact us.
Claire says
I have also had this reply back 2days after I sent my claim via resolver?
Victoria says
Oh have you, they have asked me for bank statements but 6 years ago I couldnt even tell you what bank I was with.
My recent loan will show alot of money going into my account but thays from my boyfriend, I am only paying the loan back now because he gives me money
Claire says
I am the same my first one was 2012 so I am no longer with this bank, I can request the bank statements for the 2012 loan and the 2016 but I am unsure if I should send them as I also have money going into my bank from my partner to help pay my bills.
Sara (Debt Camel) says
Claire & Victoria – send those statements as they support your argument that you cannot afford the loan repayments!
Victoria says
So if they say lots of money going into my account from my boyfriend that will help? I didnt think it would. I have no bank statements for previous loan though.
Sara (Debt Camel) says
If the only reason you could afford to make the loan repayments is the amount you were getting from your partner, then that shows that you could not afford the loan.
Send the statements that you have. You don’t have to have bank statements but for recent loans the Ombudsman would expect to see them. Amigo may disregard or misread them, but by sending them your statements you have done your best to show them the loan was unaffordable.
Claire says
Sara is it worth sending them evidence of the debt I was in at the time from my credit score or will this not make a difference?
Sara (Debt Camel) says
They would normally have checked your credit record when you applied so they should already have it. That doesn’t mean they took any notice of it.
Gary says
Has anyone ever had an affordability Claim with Glo who are a guarantor loan and had a successful payout?
Also I have been waiting 34 days for my DSAR information I requested from Amigo which was meant to come in 30 days, every time I email I keep getting told it will be with me ASAP. Where can I go from here
Sara (Debt Camel) says
Glo are tiny.
Amigo, tell them if you don’t have it by next Monday you will be sending a complaint to the ICO.
Gary says
Because Glo are tiny does this mean I won’t have a chance of a claim with them? Thank you
Sara (Debt Camel) says
No, it just means I don’t remember anyone here mentioning them and you were asking for experiences.
the rules are the same for all lenders. if you think your loan was unaffordable, send in a complaint!
MrN says
I put one in and they rejected in 3 days. Before I even got my SAR back. Seems they didnt really look into that well. It went straight to the ombudsman.
K says
Amigo have come back with a final response today after 12 weeks & have not upheld my complaint. They are saying i had a disposable income of nearly £2,000 a month…& that i had a partner even though ive been single since 2014 & didnt take first loan with them since 2016 & i wasnt working when i took the first loan or the top up loan but they say i was working full time When i wasnt as i had my youngest in march 2015 & went to work 8 hrs a week in 2016. Now im going to have to pray the ombudsman upholds my complaint but im not holding out much hope. Now my work hours have been cut from 27 hrs a week to 12hrs i dont know how im even going to live
Sara (Debt Camel) says
Now im going to have to pray the ombudsman upholds my complaint but im not holding out much hope
The Ombudsman is upholding 90% of guarantor loan complaints at the moment! Yours sounds well worth taking to the Ombudsman.
FOS have agreed to prioritise your case I think you said? You can now send them the rejection from Amigo – and point out the bits on it that are factually wrong!
K says
Yes im going to call ombudsman in the morning, im literally in tears here. Ive got to pay again tomorrow so alongside my wage going down massively due to cut backs im dreading going forward & still have 26 months to pay
Sara (Debt Camel) says
Your other option is to explain what is happening to your father, say you can’t pay, you have an active complaint at the Ombudsman and suggests he cancels the DD to Amigo so they can’t take the money from him. You may not be close any more but would he really want you in this position?
T says
K that’s rubbish. I hope you get sorted soon. I’m on week 13 now and nothing. Yet their email last week stated they deal with complaints in date order?
I might ring them. Keep us posted on how you get on with the fos
Victoria says
Should it make a difference if you had a partner or not unless it was a joint claim? Thanks
Sara (Debt Camel) says
Amigo don’t do joint loans.
A partner is relevant if they were helping with household costs etc. But a lender can’t assume their income can be used to pay your debts without (a) looking in details at their situation, did your partner have their own expenses and debts? and (b) talking to you about your I&E and whether your partner’s income can be used.
Also if your partner was your guarantor, Amigo should have been careful to do a separate assessment of the guarantor because if you can’t/won’t pay the loan, then the chances are your partner (or ex) is also affected if you had joint finances. eg if you have lost your job or you have split up, then your partner/ex may have to pay all the rent and bills they were only paying half for before.
Jacs says
Just been having a nosey on Trustpilot reviews of Amigo loans. Lots of people complaining about being refused top up loans or not being able to use the same guarantor as before and about the process taking days. Before, the money would be with you in a couple of hours after a quick phone call! This is a reply to one of the complaints:
Amigo Loans always endeavour to process your application as soon as possible. Whilst we are processing this we need to ensure that this loan is not only going to be affordable for you, but also for your guarantor. We need make sure this is the case not just now, but reasonable for the future
Do you think they’re in financial trouble or are they finally tightening up their affordability checks?
Sara (Debt Camel) says
They are tightening up their lending criteria. Which is excellent news, as fewer people will end up with unaffordable loans.
Emma says
Hi. I’ve just received my SAR. Looking quickly through it… I have 4 credit checks included. 1 is for me and the other 3 are for my guarantor (my husband at the time)….surely I shouldnt have this in my request? No credit check after the initial loan and the only check I have on me shows 3 recent defaults about 13 months prior to the check…not gone through the rest but in shock I have been given the guarantors credit check which contains all their credit etc!
Sara (Debt Camel) says
who is the lender?
Emma says
Amigo. On the disc there are a few letters for myself. However no emails, telephone calls,budget etc. Its all for the guarantor (my ex).
Just looked and all the telephone calls are the guarantor. Letters him etc. Nothing to do with me except initial credit check on here. Including lots of emails I’ve sent in past not included.
Sara (Debt Camel) says
oh! That isn’t good – it’s a breach of data protection. As well as not sending you the info you asked for.
I suggest you email them and say the SAR you have been sent is not complete because it doesn’t include ….
And that you have also been sent a lot of personal infomration about your guarantor which you believe is a breach of GDPR and you would likel to ask for compensation for this.
Emma says
Thanks Sara. Done. They replied within 5 minutes apologising for the breach and they are adding it to my ongoing complaint.
Emma says
Got my actual SAR today. Makes interesting reading. I was credit checked and here is my following credit balance to limit ratios on each one:
Check 1- initial loan in 2014- 91%.
Check 2- top up July 17- 70% (though had an extra default on than the previous one!!)
Check 3- top up March 18- 98%
Check 4- top up July 18- 117%!!!!! And they loaned me £9000 seeing this!!
Each one I have a significantly higher amount of money on credit.
V says
If I had a disposable income of between £300 and £500 before taking amigo loan is this still considered unaffordable? Loan repayments £280 each month. I haven’t missed a payment but it’s been a struggle and got even harder as the months went on. Also I used my loans to pay off high interest credit card – by the time I got my top up loan I had missed some payments to the CC company and even after paying a large sum off I still had monthly payments to make? Ended up defaulting in the end as could no longer afford them and Amigo. Just wanted to know if I had a case?
Sara (Debt Camel) says
How was this disposable income calculated? £300-£500 sounds a large variation, was your income erratic?
What sort of expenses were included and were they reasonable. We have seen people here where Amazon had down absurdly low amounts for food, toiletries and cleaning stuff, clothes, transport, children’s expenses (activities, pocket money, school uniform etc), mobiles, presents etc…
Helen T says
For anyone waiting on a response from Amigo. I raised my complaint with them December 17th last year. A week later I had an acknowledgement email. Had various emails from them stating they were looking into my complaint and would be in touch in due course. Waited nearly the 8 weeks then emailed them for an update. They responded saying they needed another 4 weeks before issuing my final response as they had such an amount of complaints to deal with. I emailed them at the halfway stage of the extended 4 week period they couldn’t provide me with an update. I rang the complaints dept yesterday to be told my complaint hasn’t even been picked up by anyone as of yet so basically hasn’t been looked at at all. I responded by saying well when I was paying you back you never allowed me nearly 12 weeks to make a payment but now the shoe is on the other foot you think it’s acceptable to make people wait. So for anyone who’s been waiting a considerable amount of time I would ring them to clarify your situation as I did yesterday. I’m glad I did and I’ve now escalated to the FOS.
K says
They told me last week nobody had been assigned but I got my response last night at 12 weeks & it wasnt upheld. Ive spoken to the adjudicator assigned to my case today & he requested my file from them & they havent sent it so he has rang them again today & demanded it be sent today. I broke down in tears on the phone with the adjudicator & hes emailed me since stating that as soon as my file comes from amigo hopefully today he has prioritised my case as urgent & will get back to me asap but he also did warn that even if he upholds my case which he sounded confident of, amigo have a further 2 weeks before they surrender so to speak
Sara (Debt Camel) says
Fingers crossed Amigo send that case file over.
K says
Sara he said they are already in a lot of trouble as it is & they have passed the date he requested it be sent by already so hes really not happy with them. He’s emailed to say he has rang them again, discussed my situation with them & told them there is no excuse as to why they haven’t sent the file over yet. They told him they were running behind & he’s told them it isnt good enough & he wants it in his folder today. I dont want to get my hopes up to be let down again but he seems to be very much on my side. He laughed when i said they have put my disposable income as over £1,700 a month. He said if you had a disposable income of that…you wouldnt of been needing a loan in the first place.
AG says
Hi K – they did the same to me! Ignored 2 deadlines for sending information over… it has been with FOS now for just over 8 weeks and I’ve been told I should (hopefully) get a decision this week from my adjudicator. Keep that hope!
Victoria says
I have just seen my old account – 23rd of may 2011 I had a £3300 loan and then a top up to £5000 on the 26th of June 2012 – even though I opened the loan then it wasnt paid off until 2016. Does that mean they want accept my claim. 2016 is still less than 6 years ago.
Also looking at my statements the card payments 50% of them were taken from my boyfriends account.
Thank you
Sara (Debt Camel) says
It is very likely that Amigo will reject this complaint as the loans were taken over 6 years ago but if they do, just send it to the Ombudsman who has been looking at complaints about older loans, not rejecting them as time-barred..
Victoria says
Awww that is rubbish especially as they weren’t finished paying until 2016, the loan was still active
Sara (Debt Camel) says
They sometimes reject these older loan cases very quickly but more recent loans very slowly…. if you are going to get rejected it may as well be soon!
Victoria says
Yes thats a fair point I can take it to the FOS sooner then.
Thank you for replying
James parris says
Hi Sara
Wonder if you can help me,
I have raised a affordability complaint with guarantormyloan, 6 weeks ago tomorrow so they have 2 more weeks to respond. They have sent me the pack of all my old bank statements and applications etc etc
I took out 3 in total, the last one was for £7500 at £279 a month over 5 years. That started In April 2016.
At that point i was actually on a DMp and still am with stepchange. To date I’ve actually paid every month except for jan and Feb, as they agreed to put my account on hold until they look into my complaint.
My mum is the guarantor, she is retired and would struggle to pay this if I defaulted etc
The reason I’m now complaining is, I still owe over 10.000 On other debts which are in my debt plan, and as they knew I was on a plan I’m not sure I should of been lent the money in the first place.
In theory I have actually repaid the £7500 already and the rest is just interest
Do you think I stand a chance of getting a refund of my Interest etc, I literally just want to use any refund to pay off my other debts so I have a legitimate reason you see
Can you give me any advise
Sara (Debt Camel) says
Lending someone 7500 when they are in a DMP sounds like they didn’t look closely at your situation! If they reject your claim (or if they agree the last loan and not the previous two?) come back here and ask what to do.
How large are the other debts in your DMP?
James parris says
Thanks Sara. The other debts in my plan range from like £2000 down to as small as £100. I have about 14 in total. A lot of them are actually payday loans which I’m trying to also complain against. Two are quickquid and poiundstoppocket which are in admin now I believe. They clearly couldn’t of checked my bank statements very clearly as back in 2016 I was with payplan, and then changed over to StepChange so a monthly payment has been going out for years
What sort of refund do you think I could be due from guarantor my loan based on the current loan I’m paying at £279 a month for 5 years?
Thanks
James
Steph says
I have sent in an affordability complaint to Amigo loans 4 weeks ago, they have recently sent me the questionnaire to fill out which I have completed to the best of my knowledge and returned to them. I have been reading through some of the success stories but I am slightly confused about how they work things out. I have had several loans with Amigo, 1 initial loan and approx 5 top up’s, if they accept that these loans were all un affordable to me then how will they work this out? will they refund the interest on all the loans or will it just be on the most recent top up and class that as the only loan I have had as the others were cleared by applying for the top up loan? I am still currently re-paying the loan at the moment.
Hopefully someone can help me understand this better.
Thanks
Sara (Debt Camel) says
Hi Steph,
Having 5 top ups sounds to me as though Amigo didn’t check carefully about why you kept needing more money!
Legally you have had 6 loans. Amigo will decide loan by loan if they were affordable. So they could just say that the first 4 were affordable and the last two weren’t. Then you would only get refunded the interest you had paid on the last two.
If you can get together all the numbers for each loan, I can look at how much interest you have paid on each? What I need to know for each loan is:
– what you borrowed, if this is a top up what you received in cash, how many payments and how much you paid (eg 5 payments of £18 a month)
Here just look at the cash. Don’t worry about what their confusing statements say about interest. What did you borrow and how much have you paid.
Steph says
Hi Sara,
Thank you for your quick response. Just to give you a bit of background info, at the time of the initial loan and all top up’s I was in an abusive relationship so was coerced into getting all these loans, also my mental health and judgement were affected at the time. I also had another large guarantor loan with George Banco at the time which I have topped up 4 times (complaint on-going with them also). I was in a DMP and had several other payday loans at the time of all top up’s along with other lines of credit ie: catalogues & credit cards. Where will I find the information for the previous loans as I only have the amounts for this current top up? Will this all be included in the information I have requested from them? They have up until the 09/03/2020 to provide this information under the SAR.
Again many thanks for the support and quick reply.
Steph
Sara (Debt Camel) says
All the info should be in the SAR when they send it to you. This is very much a nice-to-have, not essential, for you because what matters is actually winning your complaint, not knowing exactly what you would get back if loans X and Y are found to be unaffordable.
This sounds a very strong complaint even without the issue of coercion. And your George Banco complaint as well. Who is your guarantor?
Your other debts, are you paying them? Have you looked at making affordability complaints to the payday lenders (see https://debtcamel.co.uk/payday-loan-refunds/), credit cards and catalogues (see https://debtcamel.co.uk/refunds-catalogue-credit-card/)?
Steph says
Also just to add my initial loan with Amigo was take out in Dec 2016 most recent top up being July 2019. My initial loan with George Banco was taken out Oct 2014 most recent top up being April 2019. Will either of these complaints be affected due to the initial loan being taken out 4 years ago and 6 years ago? I have pretty much had a top up every year with both loans.
Thanks,
Steph
Sara (Debt Camel) says
All your Amigo loans are easily within 6 years, there won’t be a problem with that.
All your GB loans are too at the moment. If you send the case to the Ombudsman as soon as GB reject it (if they do!) then that will still be before Oct 2020 so you will still be within the 6 limit time.
For other people reading this – the Ombudsman will look at complaints about older loans, but you should be prepared for the lender to reject them. If they do, send your complaint straight to FOS.
Steph says
I have received the SAR information for my George Banco complaint however I do not understand it whatsoever it is set out similar to a credit check table with red/green boxes etc with no clear dates, amounts paid out etc, I could work out from my bank statements how much I received and my monthly payments but not the actual amount that I borrowed once they have added interest etc. (I hope this makes sense). I am not too concerned about what I will be repaid I just wanted to understand how they work this out with there being so many top up loans as the previous loan is always cleared with the next top up etc. It’s all quite confusing and I just wanted to have a better idea of how they work things out in case they uphold my complaint I know what to expect and know if they have worked things out right and so I know whether to take it to the FOS.
My auntie is my guarantor and yes I have made affordability complaints to the payday lenders also but I understand this is also a long process.
Many thanks,
Steph
Sara (Debt Camel) says
Did your SAR information not contain detailed of each eg for loan one you borrowed £2000 over 3 years and the monthly repayments were £120? It may have been in a legal document for the loan.
You may also have been emailed these at the time you took each loan and top up?
Is your auntie in a good financial position? I’m not suggesting you don’t pay so she has to, I am wondering if she also has good reasons to complain?
Steph says
That is good news about the time frames! Yes my auntie is considering making her own complaint. My SAR from GB only contains the full loan agreement for the most recent top up and unfortunately I do not have any copies of previous loans, and they have also included the confusing table which I do not understand. I can work out from my bank statements that:
Amigo paid: £2000 in Dec 2016 @ £97.58p/m (x8 payments),
£3,534 in Aug 2017 @ £256.14p/m (x6 payments),
£1,230 in Feb 2018 @ £247.03p/m (x2 payments),
£1,445 in May 2018 @ £306.32 (x4 payments),
£1,961 in Oct 2018 @ £375.49 (x9 payments),
£1,018 in July 2019 @ £395.25 (x8 payments + on-going).
George Banco paid: £1,530 in Oct 2014 @ £80.34p/m (x5 payments),
£2,093 @ £187.45p/m (x9 payments),
£1,824 in Feb 2016 @ £187.93 (x7 payments),
£2,345 in Oct 2016 @ £281.90 (x29 payments),
£2,260 in April 2019 @ £315.66p/m (x10 payments + on-going).
Sorry for the information overload I just want to be clear what to expect from them and if I need to take it to FOS if they uphold my complaint but don’t resolve it correctly. I requested settlement figures last month which were £9,723.91 for amigo and £8,018.36 for GB these may be slightly different now due to the way they work out their interest and also I have made another payment since.
Again many thanks
Steph
Sara (Debt Camel) says
So all the numbers are there except for the amount you borrowed in the top up loans.
GB should have included the full loan agreements for all the loans in the SAR – can you ask them to send them all?
And Amigo should have as well.
Steph says
Hello Sara,
I emailed GB yesterday and they have now sent me copies for all my loan agreements. So adding to the above figures I can confirm the George Banco loans: Oct 2014 loan amount £1,500 + £1,212.24 interest + £180 admin fee = £2,892.24 total. April 2015 loan amount £3,500 + £2,828.20 interest + £420 admin fee = £6,748.20 total. Feb 2016 loan amount £5,000 + £5,675.80 interest + £600 admin fee = £11,275.80 total. Oct 2016 loan amount £7,500 + £8,514 interest + £900 admin fee = £16,914 total. April 2019 loan amount £8,000 + £10,939.60 = £18,939.60 total. My paid out amounts, monthly repayment amounts and number of repayments made are in a comment above.
I am still awaiting the SAR from Amigo at this point they have until 09/03/2020 to send this. If Amigo fail to send this as requested within the 30 days should I then send my complaint straight to FOS or send a follow up email reminder to Amigo?
Many thanks,
Steph.
Sara (Debt Camel) says
looking at those GB numbers:
The interest paid on each loan looks like roughly (remember you may have typed in numbers wrong or I may have, this is just a guess)
loan 1 £307
loan 2 £1359
loan 3 £1464
loan 4 £6389
loan 5 no interest paid so far, still £4850 to pay until the amount borrowed has been repaid, But if all 5 loans are decided to be unaffordable, the refunds from the first 4 will repay the last loan and you should get a refund of c £4669. Plus some 8% interest.
Steph says
Thanks a lot Sara, I will keep you posted on the progress of both complaints.
Many thanks,
Steph
Ben says
Hi Sara,
Trust you are well. I made a complaint to amigo about irresponsible lending. I took out a loan in March 2018 for £2000 and by May, I was eligible to top up again for another £2000. I had a lot of repayments I was making to various payday loans, a poor credit rating and was gambling an awful lot. However, I was able to top up my loan further twice between October 2018 and July 2019 taking the total to £8500. This was to repay other loans and support me going forward and will ultimately fund gambling habit. In October 2019, I unfortunately lost my job but was able to make repayments for that month and November as I was able to control the gambling and the new features on Banking apps have helped a lot.
However, in December I contacted Amigo to make them aware of what had happened and to see how they could help. They offered no help at all and in fact just made threats if anything about what would happen if I missed payments etc, I mentioned that any payments will be help from family and friends and they said this was unacceptable as payment had to be from my income even though I wasn’t working.
I then came across your site and went ahead to make a complaint about irresponsible lending to which they rejected today, stating that I was clearly making payments so this meant it was affordable. They also seemed to have estimated my income and expenditure a lot.
Do you think this is worth forwarding to FOS please?
Many thanks for your help
Ben
Sara (Debt Camel) says
I think you should send this to FOS to look at. They are upholding a LOT of guarantor loan complaints. If Amigo had seen your statements with the gambling, they should never have given you the loan. And needing so many top-ups should have alerted them to the fact that they needed to look closely at your situation.
Who is your guarantor?
Ben says
Thanks very much for coming back to me Sara, much appreciated.
I will forward my complaint to FOS.
My guarantor is a friend of mine.
Dave says
Hi Ben, If you don’t mind me asking what day did you complain in December to amigo. I also complained in December and was hoping that I will get a response soon.
Ben says
Hi Dave, no worries I complained on the 11th of December. They sent me an email in February stating that they needed more time.
Margie says
Amigo didn’t provide me with my DSAR within 30 days so as advised on here I have submitted a complaint to the ICO. I’m wondering what this means though by sending a complaint to them as unsure what they do? Also will it help my case?
Sara (Debt Camel) says
Have you already complained to Amigo? If you used the template letter in the article above, that is a DSAR and a complaint at the same time.
Dan says
Same situation on this one, i have sent the template you provided Sara but they have not yet sent me any information on me (calls, applications etc) and it has gone past the 30 day period… I have submitted a complaint to the ICO yesterday but today is 35 days after and no sign of any information yet.
Sandra Jones says
Hi Sara,
I sent my affordability complaint to the FOS in January (1st) however no one has been assigned to the case. Is this normal? Best wishes, Sandra
Sara (Debt Camel) says
I suggest you call FOS and ask if they have ben sent the case file by Amigo.
Sara
Sandra Jones says
Okay thanks. I take it that it’s not normal – will call on Monday.
Thanks
Sara (Debt Camel) says
Actually is is normal for Amigo to be slow about sending over their case records 🙄
If they still haven’t sent them, you could say to FOS that you have the SAR info so you could forward that to them if it would let them start looking at your case.
Sandra Jones says
Hi Sara, yes it’s amigo taking a long time. Is there a limit set by the FOS for response?
George says
Hi Sara,
Just a quick question, I have various complaints now with the FOS as none seem to be getting accepted at the initial complaint but still waiting on Amigos decision. My question is, I have one complaint that has been picked up by the adjudicator and wanted to know, will that adjudicator pick up all my complaints or are they all handled by different people?
I am waiting for Amigo to give me my final response which im guessing will be no and then I will call to get that prioritised with the FOS along with my other ones if i can.
Thanks !
Sara (Debt Camel) says
I think guarantor loans are being handled by a seperate group of adjudicators.
Victoria says
Hi,
Has everyone received the same email ?
And has anyone had any successful claims for refunds please?
Dear Victoria,
Thank you for your email.
We will be issuing a written response to your complaint, following our investigation. Our guidelines allow us 8 weeks in which to respond to you, however we are working to reply as soon as possible.
Kind regards,
Reply
Sara (Debt Camel) says
Lots of people have had successful claims, some direct from a lender, others through the Ombudsman. But most of them stop reading this page when their complaint is settled so you may not get many people replying!
Victoria says
Awwww ok no problem.
I have just got 4 years of bank statements from 2013 I took the loan out in 2011 (but finished paying in 2016) shows amigo loans returned DD many times and shows a pay day loan plus william hill gambling. Will they take notice do you think?
Thank you
Sara (Debt Camel) says
Amigo are rejecting most complaints at the moment – it’s best to expect this to have to go to the Ombudsman.
Victoria says
Ok thank you. I have emailed amigo the same message.
I am waiting on a reply.
Thank you
Chris says
Hi Sara,
My complaint has been with the adjudicator for 5 weeks tomorrow. Any time I have been requested for more information I’ve sent it the same day. Is it normal for it to take so long? I called yesterday and I could still not be given a rough estimate for a decision.
Sara (Debt Camel) says
Some cases are more complex than others – I don’t think you have said anything about your case. Is the adjudicator waiting on any information from the lender – is it Amigo?
Chris says
I had 2 loans one of which being a top up 6 months after the initial loan.
Through out the period of obtaining both loans I was heavily gambling due to an addiction and one look at my bank statements would be a red flag that my life was chaotic.
They had the information from Amigo at the end of January and I’ve supplied any further information requested promptly.
When you read these things like on the BBC website it just worries me, especially when its been 5 weeks.
Marl says
Hi everyone curious to know if you could stop payments while a dispute is going on, with amigo, inc the guarantor. If you cancel the d.d. Can they still take the money, as they would have both card details, ty and has anyone had any joy from amigo, or do they seem to be taking longer now
Sara (Debt Camel) says
If you have a DD to Amigo set up and you cancel the DD, they can’t take money from your account.
LOUISE says
so had to stop making payments at present and received this nice email today from george banco even though i have an affordibility complaint in and in the process of setting up a dmp ———— any advice?
i have explained to them i have just dealt with miscarriage etc as per previous email so the paperwork etc with stepchange had been put on hold – i forwared this to stepchange also as worried.
they have a cheek considering i have no replies regarding affordibility complaints
Sara (Debt Camel) says
what did this email say?
Louise says
I have been trying to contact you regarding your account. I wanted to be sure you are aware of the next steps on the account.
The account has now terminated which means the full balance has become due and a default will now be registered on your credit file, however I do still have a short time to make arrangements with you.
If we are unable to come to an arrangement, on the 31st March the account will then be reviewed for transfer to a Third Party Legal Service who may apply for a CCJ an attachment of earnings or charge against property.
I have the following options available to prevent this
1) You make payment of the full arrears £ 1127.60
2) You make payment of a monthly payment and confirm ongoing payments of £ 281.90
3) or contact us for settlement options
Please contact me to discuss the options, as without contact we will look to instruct an agent to your property.
Kind regards,
Danielle @ George Banco
Sara (Debt Camel) says
I suggest you reply that:
1) you have an open complaint with them that they have not yet responded to. You are therefore disputing that the amount owed is valid. CONC 7.5.3 says a firm must not ignore or disregard a customer’s claim that a debt is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer’s claim is not valid.
2) CONC 7.3.2 says that a firm should pay due regard to its obligations under Principle 6 (Customers’ interests) to treat its customers fairly. You have informed them that you have recently suffered a miscarriage, so they should be treating you as a vulnerable cutomer and not making unreasonable threats taht an agent will visit you at home.
3) CONC 7.3.18 says a firm must not threaten to commence court action… in order to pressurise a customer in default or arrears difficulties to pay more than they can reasonably afford.
4) you have told them you are talking to StepChange about a DMP. CONC 7.3.11 says a firm must suspend the active pursuit of recovery of a debt from a customer for a reasonable period where the customer informs the firm that a debt counsellor is developing a repayment plan.
Say that you would like a proper consideration of your complaint and if they continue to make these threats you will be informing the FCa of their harassment of a vulnerable customer.
(the CONC rules are the FCA’s rules.)
louise says
Thanks sara i will do this and will let you know what they say . They arent liaising with eachother i dont think as they did email me saying all communications would stop only a week ago. How they expect you to recover from a miscarriage in a week never mind try sort finances out. They are really heartless
Claire says
Hey I complained to Amigo in early february, but I didn’t request the SAR, should I have done? And is it too late to request it now?
Sara (Debt Camel) says
Not too late, just send them a separate email now asking for a SAR.
Claire says
Will do Thank you
Claire says
Hey I recieved this from Amigo earlier does that mean I should have my SAR earlier than 30 days?
Hi Claire,
Thanks for your email.
I have requested your SAR for you, we have 30 days to send this. Please can you confirm your current address is (my address).
I have backdated this to 25/02/2020 as you requested this in your resolver email.
Thanks, Anna @ Amigo.
Sara (Debt Camel) says
It doesn’t suggest it will be earlier.
Onak says
Hi there, I currently have an Amigo complaint in with FOS. As many are aware, its taken a very long time there is a big queue, so FOS finally appointed me a case manager and I have been going back and forth regarding the information I supplied. Statements, Emails, Application Forms. Amigo supplied nothing (say they have nothing on record, too far back). Anyway, FOS have given me another week to supply more evidence of loans taken out and income/expenditure otherwise they say they cannot make Amigo pay me back. Thing I am having trouble with is, what more can I send them beyond what I already have? Could successful cases perhaps please leave your input here I would love to hear what folks have sent in and it be case closed.
I sent :-
1/ bank statements prior to the loan and shortly thereafter (that show a dire situation, down to the pennies)
2/ P45 work employment and proof where I was working at the time
3/ Application forms with application numbers and repayments details
4/ Emails between me and Amigo or me and friends, regarding payment difficulties (followed by further top ups)
What on earth more can I send ? The only thing I can genuinely think of is the deposit of the actual money, but Amigo (the old FLM) never deposited to my account, they deposited it to the guarantor, who subsequently gave it to me.
Thank you!!!
Sara (Debt Camel) says
There isn’t actually a big queue anymore, you are one of the tiny number of cases left from when the backlog developed at the start of 2019.
How many loans / top ups did you have from them? And on what dates?
Have you supplied bank statements showing all your payments to the loans?
McWelsh says
Hi Sara,
Looking for a bit of advice please? Since 2014 I have had four loans with Amigo. The first being for £3000 the second £5000 the third £7000 on the fourth £10,000. I have put in a claim for unaffordable and irresponsible lending complaint to amigo and am now at week three.
I sent all the bank statements they required and a mountain of medical evidence as I spent a whole year in hospital. Have also answered all their generic questions that I have seen people posting in here? Just wondering what my chances are?
Sara (Debt Camel) says
When was the last loan taken out? when did you spend a year in hospital?
Can you say something about the rest of your finances, why did you take these loans? What other debts did you have? Were your other debts getting larger as time went on?
McWelsh says
Hi sara,
Last loan taken out in March 2017 went into hospital May 2017.
My debts were already spiralling when I took the first loan out but Amigo kept offering top-ups. They state I had over 1.5k disposable income per month which is so untrue. I defaulted on other loans because of these spiralling repayments. Not once did they allow me to lower my repayments while I was in hospital nor when they knew I was close to losing my life on more than one occasion. I had lots of debt defaults ccjs etc when loans were taken out?
McWelsh says
Hi Sara,
Firstly the last loan was taken out in February 2017 and I was hospitalised in May 2017. At no time did Amigo offer me any assistance or allow me to lower my payments even though they knew I was seriously seriously ill and nearly lost my life numerous times..
At the time of taking out these loans, my finances were in an absolute mess, Missed payments, Defaults and CCJ’s and lots of short term lending. I thought when I took the first loan out that I could consolidate but that never happened due to me being in and out of hospital which meant I was in and out of work.
They also have my income as nearly 1.5 times what it should be and my disposable income as over 1.5K a month. If this was the case there is no way I would be borrowing at 49.9% APR and involving a guarantor.
As stated in my earlier post I have sent them all my bank statements, lots of medical evidence and answered their questions on why I believe these loans were unaffordable! Many thanks
VH says
Complained to Amigo October 2019 got very quickly rejected within 1 week. I sent straight to FOS. I waited until January for an adjudicator to take on case. My claim was sent back to Amigo in January 20th and they have until 16 March to make decision. I have not been asked to submit any statements etc and I have offered.
Had an email from Amigo 2 weeks ago to say they still investigation, once again I offered statements to Speed up process but these were turned down.
My loan was paid off in 2018 by guarantor. Which I have now paid back.
I’m really not sure what to expect.
Sara (Debt Camel) says
It’s normally good news when Amigo agree to take back a complaint and look at it again – FOS expect Amigo will come to a decision in line with normal FOS decisions.
Mark says
Hey, just as an FYI and by way of update. FOS have prioritised my complaint due to my mental health issues and have also asked Amigo to hold off asking me to pay for the time being.
I haven’t heard from Amigo, they haven’t tried to take payment and they haven’t contacted my guarantor.
If you are suffering serious mental health issues and you are struggling to make the payment or can’t make the payment at all then it might be worth giving FOS a ring.
It’s certainly helped me.
Thanks
Mark
Miss jones says
Hi so my 8 weeks are up with amigo had an email saying it’s being extended for another 4 weeks.
Do I wait for the 4 weeks or send to the fos now?
Sara (Debt Camel) says
Send it to FOS now! There is no reason to wait as Amigo is not making good offers in most cases. So better to get in the FOS queue early.
Mark says
Got an email yesterday saying
Good Afternoon,
I have sent your Data Subject Access Request in the post today.
All calls and documents have been included on the CD. Due to data protection this CD has been password encrypted. I have sent this message to your primary email address and primary mobile number with the password to unlock the CD.
I’m glad they are sorting it out but annoyingly I don’t have a laptop to open the cd lol ah well see what happens I guess
Miss jones says
Thanks
What do I send to the fos the original complaint letter?
Sara (Debt Camel) says
See the Taking a complaint to the Ombudsman section in the article above. It’s best to use FOS’s inline form.
Then the heart of your complaint is what you said to Amigo and that after 8 weeks you have not received a response. You can go into more detail if you want – it is worth saying that you were given 7 top-ups in 2 years despite the fact you had previously missed payments to them and had been in a DMP throughout this time. So you don’t believe that Amigo properly checked the loans were affordable for you.
T says
Had my response after 13 weeks from amigo. Surprise surprise they did not uphold my complaint.
I have forwarded the rejection to the fos who I submitted to at the 8 week mark.
Amigo did send quite a lengthy response. However I do feel it was contradivtive. I have highlighted this to the fos. Fos have said it could be months before they assign my case.
So guess it’s the waiting game now.
Amy says
Exactly the same for me, it’s very frustrating.
Andrew says
Sara look what was published in my local newspapers [now deleted]
Kat says
Hi!. So I had the 8 week can we have more time email from Amigo on monday 2nd March. Sent to FOS yesterday 5th march. I can see you say above that the FOS do not have such a backlog for appointing an adjudicator for guarantor loans now, can anyone who has just sent to FOS for amigo confirm how long it was before one was appointed? I am really struggling with the repayments and my guarantor absolutely cannot afford them. Luckily UK Credit upheld my claim so I only have this one to worry about now, but Amigo are so nasty (was threatened with court action last month even though I was just a couple of days late…he back tracked quickly when I asked him to clarify exactly what he was saying!) Thank you!
Sara (Debt Camel) says
Has your guarantor also put in a complaint?
Kat says
Hi Sara yes he has a few days after mine so he hasn’t quite got to 8 weeks yet.
Sara (Debt Camel) says
So if he cannot afford the repayments he and you can cancel your DDs to Amigo. You will get cross letters, emails, texts (see what Steven has just written below) but you are then safe finacially.
If you can make some payments, not the full amount, when your guarantor has cancelled their DD, you can offer a lower payment or include the debt in a debt management plan if you have other problems debts.
Steven says
Hi, thought I’d update on where I’m at, I’ve seen a few msgs from people enquiring whether they can stop paying during their complaint so my case may help… Myself and my guarantor have stopped paying since about 9-10 weeks ago. My guarantor has sent his complaint to fca as of yesterday and I am due to send mine today as there has been no response from amigo. They have throughout the time sent regular msgs with threats about court and demands for payment but nothing more than that while the complaint was with them. Not advising anyone on doing what my guarantor and I did I shall leave that to Sara but for anyone worried about what they may do if you and your guarantor don’t pay during complaints this has been my experience so far.
I got this sent from amigo this morning…… Steven, As there is no resolution in place, soon you may be issued with an LBA (Letter Before Action), this is a legal notice which will allow you to come to a resolution prior to a court claim being considered. In Court, an order for the full balance will be sought. A CCJ may be issued against you and Harold, where it will stay on both of your Credit Files for up to 6 years. If you’re in a position to do so, please arrange payment of the arrears. Call Paul, Amigo Account Manager
Sara (Debt Camel) says
Hi Steven,
thanks for that comment – it is helpful for other people to see what has happened in other complaints.
What you have described seems to be common. If you and the guarantor stop paying, you will get hassled. And get some worrying sounding letters.
But so far no-one has said they have received a Letter Before Action, which has to be done before a court case is started.
(If anyone does, come back here for suggestions about how to reply to it. FOS may also give priority to anyone where a court case is started. And your local Citizens Advice can help you get any court case “stayed” (that’s the legal term for put on hold) until there is a FOS decision.)
George says
Is it important our guarantor complains also? My guarantor made a few payments for me, so will that not be included in my claim?
Thank you
George
Sara (Debt Camel) says
Your guarantor does not have to complain. Most borrowers have won their complaints without the guarantor complaining.
Many people do not want to worry their guarantor about the situation and do not want to suggest they could complain.
But if your guarantor can complain, it has two advantages:
1) for some reason it may be simpler for them to win their case than for you to win yours. You may be complaining about several loans going back years, but guarantors are usually only complaining about the current loan (unless they made payments to previous loans). If they can win their case and be removed as guarantor, it takes all the pressure off you and it won’t matter if your case takes months at FOS. So it gives you a bigger chance to be in a better position sooner.
2) if your guarantor cannot afford the loan now, then with a complaint in they can cancel theri DD to Amigo and so can you. You will both get cross texts and emails and calls, but Amigo should not start court action while complaints are underways and it has not done this in practice.
This may feel complicated. If you (or your guarantor) goes to your local Citizens Advice, they can help you look at this.
Kelly Baker says
Hi
Has anyone had any success with getting a refund from U.K. credit?
Had a loan in 2013 paid back, they didn’t uphold my complaint so sent it to the FOS over 20 months ago, they agreed with my complaint though U.K. credit refused to acknowledge or refund me. FOS said that it had to be passed to adjudicator which was done on 25th oct 2019, it’s been 19 wks and it’s not been passed to an adjudicator. How long do I have to wait? Been chasing FOS every 2/3 wks and nothing.
MrN says
They paid me out on the 8 week point. No FOS needed. I also note it has happened with a few others. Perhaps go back to them and ask as I believe the way they look at these loans has changed, you may get sorted.
McWelsh says
Hi Mr N,
When was your 8 weeks up if you don’t mind me asking? Did you have to provide a lot of evidence? Only asking as going through a complaint with them now?
MrN says
Hi pal. No problem.
My 8 weeks was in January. So recently.
Sent bank statements 3 months prior to first loan and then 3 months prior to top up.
That’s all I sent. They agreed on the last day of the 8th week. Sent the letters, I signed and redress was about a week later. I asked for everything via email so I could scan and send back that way.
Made it quicker and I could easily save everything digital.
Hope this helps.
McWelssh says
Thank you so much I’m nearly 4 weeks in. Like you have sent all the required info and bank statements for 3 months prior and 3 months after loans and top ups. Also a mountain of medical evidence as I spent a year In hospital and not once did they lower repayments or offer any assistance at all!
Phil says
Hi Sara
I have just spoken to FOS regarding my complaint and they are basically saying that because my loan was taken out with amigo in 2009 and amigo are refusing to look into anything over 6 years old then I don’t have a case.
Does this mean that amigo can deny all knowledge of any loan over 6 years old? Whether I have paperwork or not?
Sara (Debt Camel) says
What evidence do you have about the loans? Bank statements, emails, does your guarantor have any?
Phil says
Hi
I’m trying to dig out old bank statements but it’s a closed account I’ve contacted my guarantor but we’ve since fallen out so not sure it will help.
The way I understood the FOS lady was that even if I have documentation amigo could still deny knowledge of the loan as its over 6 years old
Sara (Debt Camel) says
FOS will usually look at a case where there is evidence about what you borrowed and repaid.
Maria says
Hi,
I have had a text message from Amigo advising they are sending my Data CD in today’s post. Can someone tell me how long after they send the CD do l get a final response.
Maria
Sara (Debt Camel) says
they are supposed to reply within 8 weeks from your complaint but in practice are often taken 12 or even 14 weeks. I suggest you send the complaint to the finacial Ombudsman at the 8 week point.
Edward says
Hi,
I took my first loan out in 2016 of £4000 and topped up a year later to £10000
I have sent the email with you’re templates
Now that I have sent this would i be able to phone and ask for the account to go on hold I’m currently pay £297 a month and have paid every payment my self for the last 4 years with load of times being late aNd I have used the move forward option 5 times already so can’t use it any more
I had in cash total £8432 and have payed back In total near £11000 with still 2 and a bit years left to pay but really struggle every month paying
Sara (Debt Camel) says
This is Amigo?
What is the Financial position of your guarantor – could they really afford to pay this huge amount a month as well as paying all their own bills, expenses and debts? I’m asking to see if they too have a reason to complain.
Edward says
Yes this is amigo I’m not actually shure On his situation but i wouldent think so.
Sara (Debt Camel) says
The problem is, if you stop paying the Amigo will just go after your guarantor. for the money. You may be able to get the to reduce the payment a bit, but probably not a lot.
If your guarantor really can’t afford it – and couldn’t have at the start of this last £10000 loan, then he may be able to complain and ask to be removed as guarantor. Then you could pay less. Could you suggest he goes and talks to his local Citizens Advice about this? Is he a relative or a friend?
stacey says
i have this same problem – however if he is removed as guarantor will this not impact me worse ?
thanks
Sara (Debt Camel) says
NO – it is brilliant news for you if your guarantor is removed. You then have just a normal loan from Amigo.
At that point, you can make lower affordable payments, put the debt into a debt management plan with all your other debts, even go for a debt releief order or bankruptcy if you want to get a clean start from all your debts… It takes all the pressure off you.
Julie says
Hi Sara Amigo have rejected loans 1 and 2 but accepted loans 3 and 4 loan 3 was for 3500 paying 123.62 x 11 topped up to 5000 and received a payout of 1424.86 and settled old loan with 3575.14. My new loan of 5000 I paid 12 payments of 197.62. I am just wondering if they take the interest off what would I be left to pay?
Thanks
Sara (Debt Camel) says
This is after nearly 14 weeks?
The interest paid on each loan looks like (remember you may have typed in numbers wrong or I may have, this is just a guess):
loan 3 £1434 interest paid
loan 4 no interest paid so far, still £2628 to pay until the amount borrowed has been repaid. But the interest on loan 3 will be used to reduce this to a balance of £1193
if you can give the same numbers for loans 1 & 2, I can look at what more you might get if you took those cases to the Ombudsman.
Julie says
Is that with the 8% on thanks
Sara (Debt Camel) says
The way Amigo calculates the 8% you would be unlikely to get any.
Julie says
Hi Sara just checked my account they have refund 3 lots of interest up to now as follows:
144.61
2859.47
213.48
Leaving a balance of 2415.08
Not sure if they are still looking into it or that is final?
Julie
Gemma Worthington says
Hi
I need some advice I’ve had this amigo loan since 2015 I got 5000 to start with then took out a second loan for 8000 over 4 years I’ve struggled paying since 2018 due to stress and anxiety but when I ring them there not bothered and just threaten to go after my guarantor my brother which I don’t want to happen as he has 2 small kids and don’t want him to get bad credit so I have to struggle every month to pay £363 I am starting a new job this week and rang amigo on Wednesday to change payment date and the guy I spoke to Tom was very rude and said I had moved the date 5 times already and said I would just have to budget to make 2 payments in one month even though I told him I was only receiving £780 wages this month and have rent of £525 as well as everything else but he didn’t care!!!! I can’t afford the payment and they never checked properly when I took it out also didn’t check my guarantor they where in such a rush to pay out. Please help what should I do?
Thanks
Gemma
Sara (Debt Camel) says
It sounds as though the loan has been unaffordable from the beginning? And possibly the first loan was as well and it was the difficulty repaying that caused that made your overall debt situation worse so you asked for the top-up?
Then you should make an affordability complaint.
£363 is a lot of moeny for anyone to pay every month. It may well be it was unaffordable for your brother too and Amigo didn’t check him properly as you say. In that case he too could complain. The advantage of you both complaining is (a) it gives two ways he could be released as the guarantor which would take all the pressure off you and (b) when he has complained he can cancel the Direct Debit to Amigo and then you can miss a payment and they won’t be able to take it from him.
He will get cross texts, emails etc about this saying he has to pay. But they cannot start a court case against him while he has a complaint in, including with the Financial Ombudsman. And if he looks at his credit record, he will see that the Amigo loan is not on there, so his credit won’t be harmed – unless eventually you both lose your complaints and Amigo then go to court. Which is a VERY long way off.
You could suggest he goes and talks to his local Citizens Advice.
Gemma says
Should I send my case straight to the FOS as for my brother he will just moan at me he regrets being the guarantor with the amount of hassle he receives from amigo then gets on my case to pay it which adds more stress for me also when I first heard of this on Thursday I was advised to put a claim in with an online claim company but after reading your posts have realised that’s a mistake can I cancel this with them and do it myself?
Thanks
Sara (Debt Camel) says
Send in your complaint now!
I suggest you try to explain to your brother how a complaint from him could get him removed as guarantor. Up to him if he wants to do it. There is a template letter for guarantors over on this page: https://debtcamel.co.uk/amigo-complaints-by-guarantor/ so it isn’t hard for him to do.
You can go through an online claims company but they will charge a lot of money (unless it is Resolver? They are ok!) and you can simply do it yourself. You should still be within the cooling-off period to cancel with them, but read what you have agreed to (if anything.)
Gemma says
Ok thanks how do I send a complaint into amigo also and what should I put to them in it please
Sara (Debt Camel) says
The article above these comments looks at what an affordability complaint is and has a template you can use. It’s worth reading it all as it explains the whole process.
Gemma says
Sorry do you know what email address I send it to please
Sara (Debt Camel) says
There is a link in the article above to all the email addresses https://debtcamel.co.uk/email-addresses-complaints-guarantor-loans/
Jo says
Hi I have a complaint in with amigo this be 12 weeks initial loan 3 grand and topped up to 7500 I was on a debt management plan numerous debts I shouldn’t of took it out really but was desperate at time are any complaints upheld or are all going to financial ombudsman thanks
K says
Mine was refused by amigo on week 12. Its still with the ombudsman so am hoping they uphold it
Sara (Debt Camel) says
See Julie’s comment above for an example of where Amigo have just partically upheld a complaint.
But if you haven’t yet sent your case to FOS, I suggest you do so now. Because they are rejecting a large number of complaints, including ones that sound very strong. So get yourself in the FOS queue now, don’t wait 2 or 3 more weeks and get a rejection.
It’s easy to send a case to FOS using their online complaint form https://www.financial-ombudsman.org.uk/contact-us/complain-online, it can simply be what you said to Amigo. You can always add more details later eg when Amigo reply if you disagree with something they say.
Amigo will not stop looking at your case just because you send it to FOS.
Steph says
does anyone know if Amigo do not send my SAR information within the 30 days as requested is this cause to send straight to FOS? or do I have to wait the 8 weeks first?
Many thanks
Steph
Sara (Debt Camel) says
You still have to wait 8 weeks to go to FOS.
But after 30 days with no SAR, you could also put in a complaint to the ICO who handles data complaints! See https://ico.org.uk/make-a-complaint/your-personal-information-concerns/
Ian says
Amigo had my complaint sent to them on the 2nd Feb. They have not fulfilled my data request as yet and even though i posted copies of my bank statement by post and sent they by record delivery and they were signed for they keep saying they are trying to locate them. They have received a photo of proof of postage and the signature of the person who received them. They keep fobbing me off saying they are looking into. Can anyone offer any advice, i will go to the ombudsman when i get to 12 wks. Is there anything else i can do?
Sara (Debt Camel) says
Go the Ombudsman at 8 weeks!
Ian says
Ok I shall do thank you. I’m loosing my patience now as they keep saying they will find bank statements etc and locate them but they say this every time I chase them. 4 times I have chased them and they were sent ages ago. It’s like they are trying to stall things and I’m starting to wonder why my data access request still hasn’t been received. I had a gambling problem and this is shown on the statements. My guarantor is now also setting up a DMP as she is struggling financially. Thanks for helping.
Sara (Debt Camel) says
Has your guarantor also complained?
Are you currently paying them?
Victoria says
Hi,
I made an affordability complaint on the 2nd of March and phoned them a few days later to ask for my previous loan statements as I couldnt remember how much I borrowed etc. I currently have a loan with them also, they sent them straight away via email.
I also phoned them Friday to advise I couldnt pay this month and they were extremely nice and understanding. I have lots of priority debts so they advised me to contact them and back to them before my next payment is due. It seems to be people are having nightmares with the staff at Amigo, I was just wondering if anyone had an experience like mine?
Sara (Debt Camel) says
Nice & understanding is good – but will they be asking your guarantor to pay?
It would be great if this was a change of heart and they will be sympathetic while complaints go through.
Victoria says
Sounds like they have more of a sympethetictic ear. I have recieved this off them.
Hi Victoria, we recently discovered that you’re not in a position to pay a reasonable proportion of your monthly instalment each month. In line with their agreement to guarantee your loan, we will ask ******** to pay when this loan falls into arrears. If you haven’t already received, and feel you’d benefit from some help with your finances we’d recommend you get in touch with StepChange on 0800 138 1111, they’re a free debt charity and may be able to help you. If you need to speak to us about anything, or your circumstances change, please call me on 01202 629161. In the meantime, we will continue to send you important information about your account to ensure you’re kept up to date. Thanks, Dave @ Amigo.
So yes my mum will pay until my priority debts are paid off.
Not sure if this will help or hinder my claim for unaffordablity.
Thank you
Sara (Debt Camel) says
ok, it isn’t much of a change if they are getting your mum to pay.
Can she really afford this? It’s great for her to help short term, but if she really couldn’t manage the repayments for a long while, then she too may be able to complain and be removed as guarantor?
Victoria says
Could I get her removed without impacting her credit score? Thank you
Sara (Debt Camel) says
If she looks at her credit record she should see the Amigo loan is not on there at all. Can you get her to check on this?
It only affects a guarantor’s credit record when Amigo goes to court for a CCJ. And they should not start court action while she has an open complaint with them, or with the Financial Ombudsman.
If she goes to her local Citizens Advice, they could explain about these complaints?
Sophie says
Hi,
So I followed tour guide and made my complaint amigo regarding affordability and requested all my information.
However, it has been over the 30 days now and I have only had a reply to ask me to answer some questions regarding my loan.
What is the next step?
Do I take it to the ombudsman now?
Sophie ☺️
Sara (Debt Camel) says
You can’t go to the Ombudsman until 8 weeks has passed.
But after 30 days with no SAR, you could also put in a complaint to the ICO ( the Information Commissioners Office) who handles data complaints! See https://ico.org.uk/make-a-complaint/your-personal-information-concerns/
Are you making payments to the loan at the moment?
Do you have other debts as well?
Sophie says
yes, I am still making the payments (which is a struggle) whilst the complaint is being dealt with.
Is this the right thing to to?
I do have other debts, yes.
I’m also a single mum to an 8 month old who has been diagnosed with an eye condition which currently means I am unable to return to work when intended.
Sara (Debt Camel) says
yes basically if you want to protect your guarantor.
Your guarantor may have other options – eg make a complaint that she can’t afford the payments and shouldn’t have been accepted as guarantor – if she wants to post here herself?
AG says
How is everyone getting on with the FOS recently? They’ve had my complaint 11 weeks now even though they agreed to prioritise it. Amigo are still sending letters telling me I have to ring them ASAP to get the account up to date.
Sara (Debt Camel) says
have Amigo sent FOS the case file? If not, you could offer to send them the info you have on the SAR CD Amigo has sent you.
AG says
The adjudicator confirmed 2 weeks ago that she had everything. I’ve emailed and called but no update or answers so far.
George says
8 Weeks are up today for Amigo. I have chased for a final response but I am not hopeful and from what ive read on here, I guess that they will come back and ask for a four week extension but I am prepared to send straight to the FOS today and try and get my case prioritised as the detrimental effects it is having towards my health. I personally cant see how they could decline my case and especially with the recent statement released from the former owner of Amigo, they do not really have a leg to stand on currently. Ive made sure to include some of the former owners quotes from his statements also to the FOS, ready to be sent. Wish me luck and hope that I can get the result that is owed.
Sara (Debt Camel) says
Good luck!
Jen says
I just wanted to share some good news. I had a complaint with TrustTwo, Everyday Lending and they have today upheld the complaint after waiting 9 weeks.
Refund of overpayments and 8% added.
Many thanks Sara for your site. I came across it by accident and could not have been more glad I did. Thank you and hope it helps anyone else waiting for a reply.
Gemma says
Hi was this the interest you got back I’ve just put my complaint into them
Jen says
I asked for all interest to be removed and so just the principle to be paid. I have paid more than the principle amount borrowed and so got a refund with 8% back. Hope this helps, they have been great with communication.
Ben B says
Any advice?
I’m out of work at the moment, and in arrears with Amigo for 2 months worth totalling £592.88. They declined my complaint so its with FOS. But after a week of speaking to them by email to advise I can pay all the arrears by the 23rd of this month they came back today to say they cant make an arrangement and will now look to my brother as he is the guarantor.
Problem is he isn’t working either but he is due a large payout from an employment tribunial (constructive dismissal) and he owes me £1000 which I will use to clear the arrears. If he puts in his own complaint as the guarantor can Amigo take either of us to court while we have complaints?
Sara (Debt Camel) says
First I suggest not counting on the employment tribunal money coming by any particular date. godo if it does but don’t plan everything around it.
Does he think the loan was unaffordable for him when you applied for it?
Ben B says
Concerning the date, yes he has been informed to expect it by the 21st which is good. Yes at certainly at the time of the top up he noted he couldn’t afford it then but was helping me out. he certainly cant afford it now.
I’ve spent more then a week speaking to Amigo by email to adsvise whats going on. They said they would look into it, But now said they can’t help
“I am unable to put a resolution in place without a guaranteed income for the future payments.
We are going to have to look to James to clear the arrears until you are able to verify that you have employment with a definite start date as well as a payment date.
A default notice will now be issued which will give set time for the arrears to be cleared.”
I did inform them of when I can pay the arrears, then I got a text today to say
“Hi Ben, we recently discovered that you’re not in a position to pay a reasonable proportion of your monthly instalments. In line with their agreement to guarantee your loan, we will ask James to pay.”
I think the best thing I can advise my brother is to raise a complaint himself.
The thing is he’s pissed off at me, I think Amigo contacting him hasn’t helped his mental state at all.
Sara (Debt Camel) says
Well he may be pissed off, but the sensible thing for him is to try to extricate himself from this situation and any problems in the future by putting in a complaint and asking to be released as guarantor.
The only other option is for you to make the payments, but if you can’t, what else is possible? If he can’t afford it, he needs to cancel the DD to Amigo so they can’t take money from his account.
If he doesn’t think you are being straight with him, could he go to his local Citizens Advice/