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
Matt S says
Just want to thank Sara for her amazing work and dedication to this website. It has and will continue to change peoples lives.
Jane says
Yes I’ll second that Matt.
Thank you so much Sara!
Sarah Harrison says
Hi I complained to AMIGO back in March saying that I or my garuntor couldn’t afford to pay the £395 after I had a top up in August. The refused and offered to change the payment date. I complained again in April and again the said my case had already been resolved. I complained again in May and the just offered to put my payment on hold for a week. Now they offered me a top up loan if I had a different garuntor. Even though I have written telling them I can’t afford to pay for the loan I have now. I complained to the Ombudsman on the 10th June and I’m waiting for the to get back to me. Reading the good news on here with Ombudsman has made me feel more confident. Fingers crossed.
E says
Hi
Fantastic news on here so far, great to here some positive results..
just a question to those who have been paid out, have you received an itemised breakdown from Amigo showing the amounts and interest being paid back?
Or are they simply just putting the money back in the account. Im only asking for tax purposes thats all as i am self employed. So want to no if they have already deducted tax from the interest etc
Thankyou
Sara (Debt Camel) says
If a lender has deducted interest, they have to give you a statement for HMRC showing the amount. And basic rate taxpayers can reclaim up to £200 tax deducted in a year across all refunds they get, not £200 per refund.
David says
Hi all,
I complained about a 2016 loan against amigo in may 2018. I’ve commented on here several times about it. When they sent my SAR documents it also included detail of an earlier loan from 2011. Strange considering some of you are saying that amigo claim they don’t keep details over 3 years.
Anyway I sent a separate complaint to FOS about that 2011 loan in Feb 2019 and FOS have agreed they can look at it together. They’ve written to amigo saying they will consider it and if they don’t agree it will go to an ombudsmen giving them one week to reply.
Not saying I’ve won but I thought the detail would help.
Thought this may help.
Marty says
Some more good news amigo agreed with adjudicator. So chuffed as before thank you Sara you are a legend.
Good luck to everyone else
Matt S says
Brilliant news, congratulations Marty :)
chris says
Good morning everyone,
so good news after getting my decision 6 weeks ago, and amigo asking for more time, ive got an email today informing me that Amigo have agreed to the decision and instead of giving me interest they are to write of my outstanding balance and clear my credit report.
i just want to say massive thanks to sara and the team, keep up the good work, so with everything ive had £16k of interest back from Trust Two & Amigo, debts from £19k to £2.5k
feel like a massive weight has been lifted and im free.
thanks for everything
Matt S says
More amazing news, its going to be an expensive week for Amigo!!
Nelson says
Hi Chris
Brilliant news!! So pleased you’ve had a positive outcome.
Are you able to provide details of your complaints please, i.e. how many loans, over what period etc? I have just started a complaint based on 4 loans (3 top ups) and interested on other case examples.
many thanks
Nelson
Gareth says
Great news guys :)
I put my complaint into Amigo last Summer, then FOS in Sep, was allocated in April but not heard anything yet since…is that the sort of waiting time people have had?
Dean B says
I was assigned a few weeks ago. The investigator is waiting to receive the info from Amigo before continuing with the investigation.
I would be interested to know how long Amigo usually take to pass on the info required
Gareth says
Yeah that’s what I was wondering…is it 8 weeks? I guess it depends but obviously has to be some sort of limit!
Sara (Debt Camel) says
There isn’t a time limit here. Amigo will already have passed on their standard case file or an adjuidciator won’t have picked the case up.
The adjuidcator may be asking a specific question rather than for more general information.
Peter says
Hi All,
Congrats to all with good news. Strike another one Sara. The FOS has just agreed all my 6 loans from 2012 – present day were unaffordable and have asked Amigo to refund all interest etc. To say I’m happy is an understatement!! I still have 2 other complaints outstanding against UKC & TFS.
Hopefully Amigo agree also
Gareth says
Good news Peter!! What reasons did the FOS give? How long have you been waiting?
Fingers crossed people waiting will hear soon!
David says
Well done Peter. I spoke yesterday over 118 going to challenge my adjudicators decision but today they have decided not to and to pay me back all-interest on the loan.
Thank you so much to this site and everyone on here.
Peter says
Hi Gareth,
Submitted last September, picked up High cost credit team about 2 weeks ago.
Reasons were that because of other debts I had and a significant disposable income they should have checked bank statements. They would have then realised I was not able to afford the loans due to a gambling habit.
afaq tariq says
Hey Peter i am in the same situation as you . I had a gambling habit and I in severe debt now. With Amigo, UK CREDIT and TFS
Sara (Debt Camel) says
Good news – you must be very pleased.
Peter says
Yes Sara, it’s been a long journey. I took a loan out with UKC and TFS at the same time and they did the same checks so hopefully these will be accepted also.
Jane says
Great news everyone…so pleased for you all.
There are too many to mention individually…how marvellous!!!
I am genuinely pleased to see some light at the end of the tunnel for people. I’m embarrassed to admit I’ve borrowed some money in my time but, my loans with Amigo took the wind out of my sails!
Wishing all a great weekend.
Sally says
Hi,
Just to let you all know the deadline for amigo was up yesterday I emailed the adjudicator yesterday to see if she heard from amigo and she replied this morning to say Amigo agreed with her decision. I have just logged onto my Amigo account and all interest has been deducted from my balance, instead of a balance of £5400 I now only owe one payment of £317 and then that’s it, no more dealings with Amigo ever.
Sara (Debt Camel) says
what a good result! Don’t forget to tell your guarantor if you think they will be relieved.
Marty says
I got my redress today a day after it was agreed fair play to them, all my short term debt paid and enough to treat my long suffering Mrs to a rare night out. Thanks again Sara and good luck to everyone else. Cheers
Matt S says
That great news Marty!! Did Amigo contact you or did they just make the payment? I got my adjudicator decision on Wednesday and my adjudicator passed my bank details to Amigo. But I’ve not heard anything or had any payment.
marty says
I contacted them via email and it was there never heard anything from them just money in bank
Matt S says
Do you have an email you contacted them on?
Marty says
Sure Matt
complaints.amigo@amigo.me
hope you are paid soon
Sally says
Hi Sara, just to let everyone know that is just having their balance reduced and not an actual monetary refund to double check their statement on their amigo account. As I have been refunded the interest off my balance but I’ve logged on today and they have added £108 interest onto the balance, I’ve been on the phone to them but the complaints team are not in until Monday. Just make sure everyone double checks.
Sara (Debt Camel) says
It’s good advice for everyone to check their refunds. I’m absolutely not saying that Amigo is trying to get away with anything, but these cases are all quite individual, especially if there were any top-ups involved, and there haven’t been enough of them for there to be a set, tried-and-tested approach in place.
Sally says
Yes there was top up’s involved. I’m also going to query if the 8% simple interest was added as Amigo haven’t really given me any explanation of how they have done their calculations and I’m pretty sure that they have not added the 8% simple interest on. Can I ask Sarah how would they calculate the 8% simple interest if top up’s was involved. Would they calculate from the very first loan or the last top up.
Sara (Debt Camel) says
I am assuming that your “top-ups” were actually completely new loans, paying off the previous loan, rather than adding to the previous loan. That is what Amigo usually do now.
I would take each loan separately.
So (making up some figures completely, not saying they are half way sensible for this sort of loan) say you borrowed £1000 and made 4 payments of £150 before refinancing the loan by borrowing £1,200 more of which £800 went to settle the previous loan and £400 was the top up which came to you.
If you want to do a calculation, you paid 4*150 + 800 = £1400 to a £1000 loan, so you paid £400 in interest. If you take that as being all paid on the settlement date, work out the number of days between the settlement date and now. Then 8% simple interest over that period is 1400*0.08*number-of-days/365.
That is going to be a very slight underestimate, as actually some of that interest was paid in each of the 4 monthly payments. so you should do the calculation separately for each of the monthly payments. But it won’t make much difference and if Amigo have taken this shortcut I wouldn’t bother to argue about it.
Nelson says
Hi All
I currently have a loan with Amigo with £8.5k still owing and 30 months to run.
I have borrowed from Amigo several times since around 2012. In one case I paid in full and reapplied but in most cases I kept topping up.
My history of guarantor and payday loans in the last 10/12 years has been really bad. I am ashamed to say I have used many of the payday lenders in that time.
The upshot of all of this was that I got into a huge amount of financial difficulty. I lost my job and home as a result on the end.
I wanted to know if you feel that I have a case for a refund with Amigo now please? I still have a loan outstanding of £8.5k and have had several other loans as explained above.
I have kept up my repayments because I do not want to have to put my guarantor into a position to have to pay, but the reality is I’ve never been able to afford these loans.
Any advice on whether I should complain or have grounds to would be much appreciated.
Many thanks
Sara (Debt Camel) says
A lender has an obligation to check a loan is affordable. The regulator says you have to be able to make the payments without hardship, having to borrow again or getting behind with essential bills. This check should have been done for every top-up as well. The fact there is a guarantor or you had made previous repayments isn’t relevant to the check the lender has to make that you could afford it.
When you have had a lot of loans and top-ups, the lender should also have considered if your financial position was getting worse. If you said you wanted the first loan for debt consolidation, when you applied for the top up did you have more debt that you had had fro the original loan. Did you have more payday loans? This sort of thing should have suggested the original loan wasn’t affordable and meant the lender should have looked very carefully at any application for a top up.
So I suggest you make a complaint. Complain about all the loans, don’t try to work out which ones were worse. And expect Amigo to reject your complaint or make a very poor offer and send the case to the ombudsman. As you will see from the comments, there have been some good decisions recently from the ombudsman.
Nelson says
Hi Sally
Brilliant news about your outcome! So pleased for you.
I wanted some advice please as I have lodged my complaint to Amigo today as one of my loans is outstanding and i’ve requested they remove the interest. In short, I had my first loan in 2014 which I paid off, took another loan a year later for £3.5k, I topped that one up 18 months later for £4k, I topped up for £8k and then again for £9k in December 2018.
My question is now around my current loan which has a balance of £8.6k (£9k loan I took in December 2018). I am requesting they remove the interest on this one and i’m trying to then work out how this would reduce the balance, if successful. Therefore, as this sounds like your complaint I wondered if you might be able to provide details of your complaint, within reason and if you would be willing and able to please?
many thanks
Nelson
Sara (Debt Camel) says
Have you also complained the earlier loans were unaffordable?
Nelson says
Hi Sara
Yes, I stated all the loans were unaffordable. I had a number of other loans open at the time and 2 defaults on my credit file. In fact, I checked my credit file yesterday for closed loans and defaults at the time of taking the Amigo loans out there were other loans with sub-prime lenders on there, as well as the defaults.
I used the template you provided on this page and amended accordingly.
Need to get out of this loan says
I took a loan of ten grand, In April, Circumstances have changed which means the £400 I am paying is very difficult to pay now, My guarantor is a family member who has been made redundant. Is there any help I could get in regards to this?
Sara (Debt Camel) says
That is a very recent loan to go wrong. Can you say some more about what your circumstances were at the time you took the loan? Was this a top up loan, if not what did you use the money for? What is your current financial situation?
And you guarantor may also have a good reason to make an affordability complaint… see https://debtcamel.co.uk/amigo-complaints-by-guarantor/ and if you you could put some more about their situation there it would help. If you win an affordability complaint it helps your guarantor as they can then ask to be released from the loan. If your guarantor wins their case it takes all the pressure off you, it’s then just another normal debt.
Nelson says
Hi Sara
In terms of your calculation above i’m just trying to work out a potential outcome where a customer has several loans with Amigo.
Let’s say customer has their first loan for £1000, tops-up to £3000 part-way through that agreement and tops 3 more times until they have a loan for £10k and this covers a 4-year period, and now the customer has a £10k loan they are paying off over an agreed 3-year contract.
During the 4-year period until they topped-up to the current £10k loans the monthly payments made to that point total £15k.
If the customer makes an affordability complaint at this point then what is the interest that they could get back? Is this £15k or £5k, i.e. the £5k being the difference between what they have paid to date and the current loan amount?
I know that the customer can also request 8% statutory for previous interest. However, i’m just trying ti get my head around what a customer is entitled to in terms of redress on the interest. These Amigo loans are so confusing!!
Sara (Debt Camel) says
Hi Nelson,
I missed this earlier.
Usually Amigo top-ups take the form of a new loan. Assuming this is what happened to you…
I would take each loan separately. So loan 1 you borrowed £1,000 and made 4 payments of £150 = £600. Then you topped up with a new loan for £2500, where £1,100 of which was repaying the first loan and £1,400 came as a new loan to you. For the first loan you paid 600 + 1100 = 1700 – so you paid 700 in interest.
Then do the same for each of the remaining loans that you repaid.
For the last loan it is going to depend on how much you have paid to it. If this is less than what you borrowed, their is a balance to be repaid, which be doen from the refunds on the earlier loans.
Nelson says
Hi Sara
Thanks for the explanation. It makes sense. Appreciate that,
I can’t remember how much I borrowed for each loan (inc. top ups) so need that info from Amigo. I’ve sent off my complaint to them and SAR and 30 day limit expires on that in 2 weeks time.
I know all the amounts I’ve paid over the last 5 years and the individual loan amounts: 5 loans (4 top ups) and paid c£14k with all payments so far. The balance on latest loan is £8.6k.
I’m just not clear on how much I used for each of the top-ups to pay off the old loans and need this to understand if there would be any form of monies owed to me (if successful).
Thanks again Sara – appreciate it.
E says
Firstly i want to thank sara for this site it has completely changed my life for the better.
Amigo although a few days after the deadline have today agreed with the Fos investigation.
All interest to be repaid on both loans plus the 8% statutory. Also compensation to be paid for complications caused by them towards me and my guarantor during a difficult period.
Again thanks to this site We can now finally move on with our lives.
Cheers 🍾
Sara (Debt Camel) says
Excellent. And compensation too!
David says
Afternoon all. Amigo today have agreed with my adjudicator. 5th loan owing balance £10,300 to be written off and nothing to be paid and all credit records cleared on all 5 loans I have had with them.
Thank you to Sara and to all you others on here he give people the strength to fight this evenly companies and give you a 2nd chance in life
Jane says
David,
Brilliant news, I’m so pleased for you!
AJ says
Hi Sara
In the process of writing a complaint to Amigo loans. What do I say on the complaint? I only said that it was unaffordable to lend to me when my expenses outweighs my income etc…
Is there anything else I can put on my complaint?
Or does anyone know what a FOS adjucator said regarding Amigo loans. There a nightmare to deal with.
Thanks Sara you have been so helpfull
Sara (Debt Camel) says
That sounds like the most important part of a complaint :)
Did you follow the template letter in the article above, because it’s important that you also ask for a copy of all your personal data.
How many loans/top-ups have you had from them? Unlike payday loans, you can win one loan cases against guarantor lenders.But if uou had more than one loan there are some extra bits you can add.
Do you still owe Amigo money?
Aj says
Hi Sara
Just seen the reply. Yes I still owe them £8K. Been struggling to pay this loan since I first took out the loan I was a student at the time so needed the money for living cost. I had topped up the loan twice. Is there anything else I can add onto my complaint?
Thank you so much
Sara (Debt Camel) says
Borrowing as a student – Amigo should have looked VERY closely at whether you could realistically afford the repayments.
Topping up the loan twice – Amigo should have checked for each top up that the larger loan was affordable. If your credit record would have showed that you were in more trouble than for the previous loan, Amigo should have considered if you were getting into more debt because of the previous loan repayments and so not agreed to a larger loan.
Also could your guarantor really make the loan repayments now? I’m not saying stop paying, but if the loan is unaffordable for the guarantor, they too can complain and ask to be removed a a guarantor. Which would make your life less stressful! This would be a seperate complaint, see https://debtcamel.co.uk/amigo-complaints-by-guarantor/
James says
David when did you submit your complaint to FOS and how long was it with the investigator?
David says
September 2018. It took 5/6 week before I got my adjudicator decision.
Lou7 says
It says on my amigo account that I cannot borrow anymore money, do you think they are finally taking my complaint serious, as up until now I have had texts to apply for more money? It’s lovely to hear people’s good news with this company and I hope I hear something soon as the payments are a killer
Gareth says
Hi Lou,
I had this recently, they upped my limit to 15,000 in April then by end of May I could no longer top up at all! I hope this is a good sign!
I had had an adjudicator allocated 4th April and have been waiting for an update! Making the payments each month is really hard and and I am falling behind on other things that are more important but I don’t want my guarantor to be affected (they have also put a complaint in!)
Fingers crossed we here soon!
Cheers, Gareth
Lou7 says
Hi Gareth
I know how you feel. My mum is my guarantor and every month after sorting out my payday loans I have had to borrow money from my partner to make up the monthly payment for amigo. Fingers crossed we all hear some good news soon. This site is a godsend 👍🏻
Tom says
Good News!
FOS upheld complaint against Amigo:
1 loan for £4.5k in 2013. Paid in full 2016. No topups. 1 late payment and 2 payments taken from guarantor. Standard history of bad debt, payday loans etc but nothing out of the ordinary for most.
Sara (Debt Camel) says
great news! Is this a decision by an adjudicator, waiting to be accepted by Amigo? Amigo have accepted a few of these in the last few weeks.
FOS may have suggested this, but when the decsion is final (accepted by Amigo) it would be good if you can tell the guarantor. The guarantor can then complain the loan should never have been given and ask for a return of the 2 payments they made.
Tom says
Yep adjudicator decision, hopefully they don’t challenge or stall. It looks like there has been a spike the recent weeks of decisions and Amigo accepting at adjudicator stage, so fingers crossed!
Tom says
Amigo have agreed with Adjudicator and asked for bank details! No confirmation of amounts yet but expect it to be c£5k. Buzzing! Good luck to everyone else, keep the faith (I first complained Sept/Oct time).
Sara – thank you so much for what you do for people.
David says
There share price is collapsing. A 1/4 of the companies value has gone in the last 2 weeks. 290p a share to 220p
Sara (Debt Camel) says
In March the share price was down at 160. I suggest you don’t pay too much attention to this!
Gareth says
It went down a lot in March as partly the FOS letter look at high cost credit was published. It has come down recently but share prices have so many variables
Nic says
Mine says the same… Amigo have until today to reply back to the fos…. This is literally the longest day of my life !!! Has anyone been paid out from amigo prior to hearing from the fos and the final response ? Fingers crossed it all gets resolved today..
David says
I’d expect an email tomorrow lunchtime nic. That’s how all mine have been.
Nic says
Thank you… It’s been a long slog and so utterly mortifying when I look at statements showing how much I have paid back.. I had 2 £3300 loans on 2010/11 both paid back with 3 years and one currently for 4500, and despite me paying 177 every month I owe 4269 to date .. so that’s over 4009 paid on interest alone before I have even touched paying back the loan !!
Lou7 says
Hi all,
Just a quick question. If u have depression and it’s partly due to financial worries, should you inform the fos or isn’t it worth letting them know? Any info, advice would be appreciated.
david says
I would, absolutely.
if you recall, when you first get an acknowledgement from FOS saying they’ve received your complaint it goes on to say if anything changes in your circumstances, if you encounter severe financial difficulties etc that you should let them know. either way, it gives them a better picture of your circumstances anyway, so I would do.
whether it speeds up the process for you, I cannot comment, as I think they have to deal with complaints on a receipt basis anyway, but the least you can do is send them the info and see what happens. it certainly wouldn’t have a detrimental effect on your complaint(s) if that is what was worrying you, just like gambling or addictions etc don’t have a negative effect on anything – it just gives them a better picture of you.
nothing to be ashamed of, please let them know : )
Lou7 says
Hi all, does this sound ok to send to the fos just explaining my situation?? Advice would be appreciated as I am rubbish at wording it correctly.
I feel that I should let you know about my mental health as I am back on anti- depressants. It’s been coming on for a while and I thought I could deal with it but I can’t. I feel that part of this depression is due to my financial circumstances and worrying most months how amigo is going to be paid especially after the payday loan cycle stopped. I know the complaint can’t be sorted sooner but I just wanted to let you know about the situation.
david says
seems perfect to me that, brief and straight to the point. I would also considering including something along the lines of…
“…some of the financial decisions I have made have been influenced by this…” but obviously only if that is true of course! if it is, then perhaps elaborate a little more and give them as much detail as you can about it. don’t forget, anything you neglect to tell them could end up being the difference between a decision and a rejection.
my girlfriend suffers from Depression, she has the same problems worrying about finances etc. you’re doing the right thing letting them know.
Nelson says
Hi All
Can anyone advise (from their own individual experiences) how long Amigo are taking to respond to the initial complaint for unaffordability please?
I know they have 8 weeks to respond to the complaint itself and 30 days for the SAR, but i’m just trying to get a feel for whether they are using the full 8 weeks to respond or not.
I know that they won’t settle direct so it will have to go to the FOS and then after that it is dependent on their caseload, however, with the payments I am making each month on my existing loan with them i’m trying to forward plan.
thank you
Nelson
Sara (Debt Camel) says
The good news is that in the last couple of weeks I have heard from an Amigo guarantor and from an Amigo borrower (different loans) that both actually did have their complaint accepted by Amigo directly!
I am hoping this may become more common.
Nelson says
HI Sara
that is amazing news!! Very surprising too!
Do you know the context of these complaints at all that you are able to share? (within reason of course).
Also, I have been checking the FOS Decision website and i’ve read 5 different cases that went all the way to an Ombudsman whereby the customer had a variety of loans (single and top-ups). In all those cases the customer had paid their monthly amounts but complained that they had taken out other payday loans and had general financial difficulty. In each case the FOS found in favour of Amigo because the customer had made their payments so it wasn’t classed as unafforable.
My view is that just because a customer paid their Amigo loan back does not mean it was affordable because they had to borrow from other lenders and they re-borrowed with Amigo.
Do you have any views on this in terms of these FOS decisions in these scenarios?
Sara (Debt Camel) says
I don’t know many details, they sounded fairly standard cases.
I think the decisions website gives an odd view as Amigo always seem to accept adjudicator decisions that go against them – perhaps they don’t want them published!
Gareth says
Also that was before the creation of the high cost credit team and more attention from the regulator on guarantor loans! (Maybe makes a difference!)
Nic says
So got the email yesterday amigo agree with my investigator… Sent my bank details across… Anyone any idea how long amigo take to respond and deposit funds ? Many thanks
Sara (Debt Camel) says
Great! And David’s prediction about when you would hear was spot on!
Sara (Debt Camel) says
Lots of good news recently:
1) so far Amigo have been accepting all the adjudicator decisions – 8 reported by readers since start of may – let’s hope that continues!
2) a couple of people have had Amigo uphold their complaint directly, not having to go to FOS
3) no-one has reported getting a rejection from FOS since the start of May. I’m sure that record isn’t going to continue, but it is very promising for people with complaints at FOS. The dog that didn’t bark, as Sherlock Holmes would say…
Marty says
Not sure how they work out the 8 percent my money was in my back the next day but I am sceptical of the interest paid and never had a breakdown of how it was figured out. Great news for all so far though
Sara (Debt Camel) says
You can ask for a breakdown of the calculation if you want.
Nic says
So far my amigo outstanding balance has been cleared today… Just waiting for the funds to be added to my account… From.my calculations… From 3 loans totalling 10,500 I have paid in excess of 8000 in interest..the remaining loan of 4100 has been cleared ( bear in mind it had been running for 2 years.. i borrowed4500 and today the balance was showing at 4100 despite having paid over 4000 off the interest in 2 years.
Jane says
Hi Marty,
I actually raised this issue with the FOS. I explained it had been very difficult to ascertain how much interest you actually pay or have paid with Amigo without sitting with a calculator and adding the numbers from the account details within the client portal on the website.
I called and asked for a breakdown on the telephone. They weren’t able to tell me!!Had to get the accounts team on it.
Had an email a day or two later with the interest on 2 loans….to think this is a digital age!!
Perhaps they are trying to hide the fact their interest is utterly crippling!!
Marty says
Hi Jane
Did they pay correctly then? I’m a bit unsure is it from the interest part of the payment for each payment and multiply for number of years ? They have not provided me with a breakdown or a response. It may be right but don’t know lol
Cheryl says
Hi Sara
I have commented on a couple of these threads but still not sure whether to put complaints in with the FSO, I started the process last year with LS, Sunny and WDA and they all said it wasn’t unaffordable lending, (I also had loans with Quick Quid and would like to put an affordability claim in for those) this put me off going to the FSO. WDA have contacted me regarding redress. I had many loans with Payday Loan Companies and eventually took a loan with Amigo to pay off the Payday Loans, crazy vicious circle of lending and can’t believe I took a high interest loan to pay back Payday Loans. I have now settled the Amigo loan (May 2019) but wondered whether to put in affordability complaints with them all and if so would I have to start the whole process again or just go to the FSO with their final decisions? I haven’t approached Amigo as of yet, it all seems daunting as I suffer from anxiety, is it worth getting a compamy specialising in these claims to pick up my case? And would you suggest putting in a complaint to Amigo?
Many thanks
Sara (Debt Camel) says
“I started the process last year with LS, Sunny and WDA and they all said it wasn’t unaffordable lending … this put me off going to the FSO.” that was what they wanted you to think, wasn’t it…
“WDA have contacted me regarding redress.” so the administrators agreed that WDA had not given you a good response.
But I am afraid may be too late to take your Sunny and LS claims to FOS – you should have done this within 6 months of getting the rejection from the lender.
I suggest you send QQ an affordability complaint now, and if they reject it, pop back here and talk about whether to send it to FOS or not.
And yes, complain to Amigo. Use the template letter above for that. As you have repaid the loan, it won’t be too stressful, just wait for Amigo’s replay then send the complaint to FOS if Amigo reject it.
“A company specialising in these claims” – noooo don’t do that. They aren’t specialists at all, they all started off by copying the letters from this website! The real specialists are here, the other people making these complaints. If you have questions, come back and ask. And pop in every couple of weeks to see how other people’s complaints are going. It’s good to know that other people are doing the same things you are and to hear what happens to them.
afaq tariq says
Hi can anyone be kind enough to help me on how to write a good letter I am not from this country and I am not sure how I can do this, but I am in severe debt with amigo and the holes is getting deeper for me. I am struggling for food money and about to get homeless.
Sara (Debt Camel) says
Hi Afaq,
here is a simple letter – email it to complaints@amigoloans.co.uk.
You don’t need to go into a lot of detail. If they say No, come back here and we will explain what to do next.
“You gave me a loan of [£x] in [August 2016].
[Add if you had any top ups]
Add the Amigo reference number.
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.
I am making an affordability complaint. This loan was unaffordable for me and you should have realised this if you had checked properly before giving me the loan.
I am struggling for food money and about to get homeless.”
afaq tariq says
Hi once i file the complaint do I need to keep paying the monthly payments or wait for their reply
Sara (Debt Camel) says
I am afraid you do need to keep making the payments if you don’t want them to go after your guarantor.
I wouldn’t think too long about this – it isn’t going to solve your problems immediately, but delaying putting in the complaint, delays the time at which you could get a lot of help if your complaint succeeds.
afaq tariq says
Yeah got it i have made my complaint in which i have told them i had severe gambling habits but i still got the loan. Hoping for a positive response.
afaq tariq says
Hi Sara. I have sent my complaint to Amigo according to the template you gave me. I have just mentioned about affordability complaint and have not mentioned any other complications and stress it causes me and my guarantor. Should I have added that as well or that’s going to be done in the later steps. Just wanted to make sure I can get as much of my money back since I have paid them a lot of interest since 2015.
Lisa says
I have just made a complaint to Amigo due to being a gambler my debts and loans spiralled out of control, most lenders will not lend to people if they have gambling on their bank statements, so should they have checked this they would have seen,, I do struggle to make payment each month genuinely due to this. It’s really good to hear some positive results on here, gives you hope that’s for sure. Keep you posted!
B smith says
I am in the same boat there Linda. Not once did I have my bank statements checked and I topped up to the maximum £10,000 with non stop gambling transactions. I haven’t even ever said any of the loans were for consolidation even after having numerous payday loans/credit cards . They should have also wondered why I wasn’t using 10k to consolidate with another £20k of debt under my belt. The positive outcomes also make me feel better. I will never feel too positive as I know many outcomes could happen, but I believe many of us have a good case.
lisa says
I have today been asked for copies of my bank statements 3 months before each loan was taken out, hoping this is a positive response from them so they can see on my statements what my circumstances were prior to them lending to me?
afaq tariq says
It does looks like a positive sign. If they wouldn’t have consider your query they would have never asked for statements. All the best
lisa says
I hope so Afaq, I will keep the thread updated. I hope you have managed to send your complaint in ok with the help of Sara, this forum is very good and her advise is always helpful.
david says
Yes, I think they are doing this for everyone now, they did for me too a few weeks back.
Their reasoning is so that they can get a picture of your financial circumstances in the build up to the time the loan was taken out. They also, if not provided by yourself, obtain a credit report to get the full picture.
I assume this is then so that they can compare what they can see against what Amigo claim they saw when considering your application.
Very thorough if you ask me, so nothing to worry about.
Lisa says
Perfect thanks, my bank statements showed the amount I was gambling daily 3 months prior after and during both of my loans so hoping I get a good outcome as genuine reason for my claim.
lisa says
Does anyone know if Amigo take the full 8 weeks to respond or have some people heard sooner than this?
a a Ron says
Had good news with amigo today… never thought I’d be saying that. Took a day over the 8 weeks of when I complained but have partially upheld my irresponsibility complaint. Not taking any responsibility for not doing relevant checks etc but have stated they will write off the remainder of my loan I have with them and refund interest from the first loan and current one &8% interest for both. Had over 4500 wrote off and getting £650 refunded. It helped that I provided bank details showing I had a gambling habit. Thank you Sara and all you kind folk
Lisa says
Wow well done you, good to hear this was a positive outcome, I currently have a live complaint based on the same reason 🤞🏻 Can I ask how big your loans were and how long you’ve been paying for?
A a Ron says
First loan for 1000 only 6 months term second one I took out was 4750 two months after I settled he first one. Had the second loan for over two years. They were pretty quick in paying out the refund in fairness to them. took 2 days.
Lisa says
Thanks. Was just curious as my complaint is similar to yours. I had 3500, and then after 8 payments I topped up to 5500 and 3041 was used to pay existing loan. Still have balance of £3100 and been paying just over 2 years, hopefully I hear soon, be nice if claim is upheld for sure.
Fiona says
Thanks to this website, I have had a few successful complaints upheld against payday loan companies I borrowed with previously. I was too nervous to try the guarantor lenders I used, but saw that some people were doing so on here. I sent my complaint to Amigo five weeks ago, so three more to go. Will try and update.
amanda says
Hi,
Can i ask what information you used for irresponsible lending complaint?
I have all the data from amigo I received last week .
So now I have the information so I go back to them?
thanks
Amanda
Sara (Debt Camel) says
OK, can you say a bit about your case?
Did you speak to Amigo on the phone when you applied? some borrowers did, not all.
Then people can suggest what you should look out for in that data. At this point you don’t have to go back to Amigo, your original complaint is good enough and you can just wait for the reply. But some people want to get organised and thinking about extra point sthey can make.
Amanda says
My case with amigo has been horrendous! I had a personal issue which I was in hospital in April for two etc cut along story short and then I had to be off work for a little while! I asked them to get a plan in place on my account and some help as I couldn’t afford it and it just turned into a nightmare trying to get this done. They provided incorrect information to myself which then lead them to taking money off my guarantor. They re done my budget due to be on reduced hours and still wanted to me to pay £410 when I was getting £1000 from work and left me with £20. I have had a constant battle with them and is just added more stress to health when I should of been recovering and I have to deal with this
Sara (Debt Camel) says
Amigo do seem very bad at handling customers in difficult situations appropriately. Just because there is a guarantor, is not a reason why they can’t be more sympathetic to anyone with a short term problem. What was this “incorrect information” they gave you?
The loan – was this your first one from them or was there a top-up? It sounds as though it was large, why did you need the loan?. Looking back, do you think the repayments were really affordable, or were you just being optimistic that you could manage them? (Sorry for all the questions)
amanda says
I have escalated this to the financial Ombudsman, so i waiting for AMIGO to go back to them.
Yes been getting more debts else where, due to being out of work due to my personal issue (which they have not been sympathetic at all and when i was in hospital they were still hounding me). Ive had to borrow money to pay this loan or i have been late.
so just wanted to no the best way afford as i have to issues with amigo the affordability and the way they have dealt / service
Sara (Debt Camel) says
There are three separate periods here that matter.
First, what your finances were like before the application. Could you say a bit about these?
Second, what your finaces were like after you had the loan and before you got ill. At this point were you still having to borrow more money?
Third, the period when you were in hospital and afterwards. It sounds as though Amigo has not treated a vulnerable customer properly and i hop you will get compensation for this.
It is the first two periods, before the loan and before you got ill, that are most important, could you describe them? because these are the key to winning an affordability complaint.
Amanda says
They advised me they would do things and they never did! They told me they would call on a set time etc to get a plan in place and they never! I have emails proving this! They never told me they taken miney from my guarantor on the phone and then apparently they did which they didn’t. There’s loads of other bits. I have had the loan for a few years and it’s been manageable it’s only recently after they told me that they hadn’t done my budget for ages tbat I thought that seems wrong! I have had to borrow money to make payments due the amount and have made them late due to my recent circumstances! They haven’t treated me fair and if they think leaving me with £10 to live on is acceptable then I don’t know what is! So I have already had a major complaint with them and it’s only when I spoke to someone they said I should do a irresponsible lending complaint as I have made them clearly aware of my circumstances
Sara (Debt Camel) says
That sounds like a world of stress. If you go to the Financial Ombudsman with this complaint, I hope you would get some compensation for this.
But it’s important to win an affordability complaint and get all the interest removed (which if your loan is several years old may mean it is all paid off) that you could not afford the loan at the start, when they gave it to you.
have you been getting more debts elsewhere ever since you got the Amigo loan? before you were ill? If yes, then that probably shows that the loan was never really affordable.
Dani says
Hi Sara,
Firstly I would like to thank you! I’ve used technique so far on existing payday loans and they have all been successful!!
I’m onto my last loan, with UK credit. At the time the loan was taken, I had £12,000 credit card debt (4 credit cards), lost my job and had zero income (proven on my bank statements), had two today payday loans (one defaulted when I applied for the loan), and one unsecured personal loan.
I requested an ASR report which shows they carried out a credit check (Experian) and I did send them a payslip which was my last one when I lost my job. The months I was working, I was in a bad place, spending all my salary which was paid cash on gambling.
I was wondering what my chances are of being successful with the FOS?
The debt is for £10,000. I’ve paid £11,500 of the loan with 24 months to go at £359 a month, which clearly shows the amount of interest I’m paying.
Many thanks in advance!!
Sara (Debt Camel) says
In my opinion there is a very good argument that for a loan this large, they should have asked to see your bank statements which would have showed the gambling.
Did the payday loans show on the Experian check they did?
Your guarantor, could they afford to pay £359 a month, from their income? I’m not suggesting you stop paying, but if your guarantor couldn’t afford to do this, then they too can complain and ask to be removed as the guarantor.
Dani says
Hi Sara,
The gambling wasn’t shown on my bank statements as I was paid in cash every month and that’s what funded my bad habit unfortunately. I had zero income on my bank statements.
I believe one of the payday loans were visible on the Experian credit report and one wasn’t.
My guarantor was retired and only had money coming in from their pension. Fortunately they have only had to pay one or two months which I’ve then had to repay but it did put financial stress on me, resulting in further payday loans and further borrowing from my family.
Sara (Debt Camel) says
ok, but without your income going in, your bank statements must have looked rather sick, surely, so if the lender had looked at them they would have seen this.
You can make the point to the financial ombudsman that the lender had to make proportionate checks – but many payday lenders don’t report to Experian, so by only checking Experian, they weren’t really do an adequate check on you as they know many people with poor credit who want guarantor loans have payday loans.
It sounds as though your guarantor could complain and ask to be removed as the guarantor – on a pension they would really struggle to afford more than 3300 a month to this loan. This would help you as it would remove a lot of the stress from you. There is a separate page for complaints by the guarantor https://debtcamel.co.uk/amigo-complaints-by-guarantor/
James says
Has anyone had their FOS complaint picked up by an investigator in the last few weeks? seems like there was a rush of them in May and nothing since. I’m still waiting, sent mine to FOS first week of September 2018.
Robinson says
Initial complaint 10/09/18, final response 2/10/18 so i sent off straight away to the FOS.
I had mine picked up on the 5th of June; on the 12th the investigator asked to send in more info by the 17th which I did immediately.
Haven’t heard anything since then although there was 5 loans, 4 of top ups them over 2 years so it may be a little more complicated than the others hence taking longer.
James says
Thanks, They keep telling me they are working strictly in date order but mine went in before yours. I had 4 loans and 2 top ups and sent to FOS on 3rd September. Best of luck with your complaint, hope you get the outcome you’re looking for.
kathy says
Hi everyone so I have used the template above and sent an email. Is this all i need to do.. just wait for them getting back to me and if i hear nothing after 8 weeks send everything to FOS?
Sara (Debt Camel) says
Basically yes! Who is the lender? You should be sent the data you have asked for, so if a complaint has to go to FOS, that can prove very useful.
Peter says
Hi all,
Good news today. After the adjudicator agreed on the 20th June that Amigo should refund all my loan interest etc; I have today received confirmation that Amigo has agreed with the adjudicators decision. I will let you know when I get the redress so as to complete the timeline. I still await a decision on my UKC and TFS loans which I should get in the next week or so. Thanks to all the comments on here as it provides some good context and first hand evidence of what we are all going through. Good luck to anyone else.
A says
Excellent news, Peter! Great to see success stories with these! Well done.
Jane says
Brilliant news Peter, so pleased for you!
Lee says
Hi All,
Just wanted to give you all and update on to a recent result I’ve had against amigo loans. I’ve had the two loans I complained about upheld at the adjudicator level. It took about 10 months to be picked up and looked at and another couple of weeks for the investigation. It takes a long time but is well worth the wait stick with it. Amigo were advised to pay me all my interest and 8% interest. They also had to remove all negative markers on my credit file as well as remove my guarantor because they were judge to have borrowed me irresponsibly. Overall it’s been a great result.
In total I’ve had around 10k interest repaid to myself along with 4K wrote off from various payday loans and amigo. I’ve literally had every single complaint I’ve made upheld and some of them didn’t bother going to the ombudsman at all. I’ve finally reached the end of all my complaints it’s probably taken 2 years in total but I’ve finally got the results I was hoping for. I’ve received loads of emails offering to loan me since and will never fall in to that trap again. I’ve been debt free for one month now and already my credit score has improved and I’ve still got some of the bad stuff on my file but that’ll be removed in the next 60 days.
Stick with it guys and good luck. Most importantly please please please don’t loan from these sharks again in future if you do get the results you want.
Cheers
Lee
A says
Hi Lee
That’s brilliant news! Well done!
Ive only just started my complaint and it it off to Amigo 2 weeks ago. In short: 5 loans over 5 years, 4 of those top-ups, O/S is £8k with 3 years to go. Worked out I’ve paid them £13.8k over that time and last loan was for £9k.
Anyway, like my I’m hoping for the best but it’s great to hear success stories.
All the best
Jane says
Lee,
So pleased for you!Wishing you a happy and debt free future!
Nic says
Great news.. I’m in the same boat… Amigo have refunded me over 6500 into my bank and written off a £4000 loan I had still in existence. I’m waiting for my TFS loan to be picked up by an investigator and hoping for the same result as I took this loan out alongside the amigo one 9 years ago.
Sara (Debt Camel) says
Here is the latest update list for all borrower FOS decisions people have reported here since start of May.
ACCEPTED BY AMIGO (dates are when readers reported this)
Peter accepted 5 July
Lee accepted 5 July
Reece accepted 5 July
Nic accepted 28 June
David accepted 25 June
E accepted 24 June
Sally accepted 21 June
Chris accepted 20 June
Marty accepted 20 June
Matt S accepted 19 June
Sarah accepted 17 June
REJECTED BY UK CREDIT
Soph 4 June, waiting for ombudsman decision
ADJUDICATOR UPHOLDS COMPLAINT – WAITING FOR A DECISION FROM LENDER
Tom 26 June Amigo
Peter 5 July UK Credit
Peter 5 July TFS
Jane says
Thanks again for the update Sara…crossing fingers for us all waiting in the queue!
Peter says
Lee, Nic,
How long did it take Amigo to pay the money into your bank and what was the process? I forwarded the mail from the adjudicator to them today.
Thanks
Nic says
They paid my outstanding loan straight away and the money was in my bank in 72 hours
Peter says
Another update just in. The FOS have literally just upheld my UK credit claim also. Interestingly enough this was taken out at the same time as one of my Amigo loans which I have also had upheld. This is the second time of asking as this was initially not upheld in Jan by another adjudicator before the high cost credit team were created. I have high hopes that my TFS will be upheld as again it was at the same time and they used a similar style of checking.
Dean says
Good to hear. I had an adjudicator reject my complaint against Amigo back in February this year. I requested an ombudsman to review my case as I didn’t agree. I was on a DMP and Amigo accepted my request for an 8k top up loan. Still waiting for it to be picked up however it’s good to see some recent decisions go the right way.
Peter says
Good luck Dean, I don’t know your circumstances but I see from my cases that compared to before the high cost credit team they are focussing very much on the proportionality of the checks being robust considering these are longer term loans.
Sara – just received my final adjudication and TFS has also been upheld. Obviously very happy but until the lenders agree I will stay slightly cautious.
Thanks
Dean says
Thanks Peter. After your complaint was rejected by an adjudicator did you request an ombudsman decision? Or given alternative options? I wasn’t aware of any high cost credit team at the time. Hoping I’ve not missed the boat as people see to be having lots of success lately
Sara (Debt Camel) says
Hi Dean, if yiu asked for an Ombudsman to look at the case, it will still be in the queue, you can’t have missed the boat, hope the boat arrives soon!
Laura says
I am happy to hear this as my Amigo complaint was initially not upheld. It was then passed to the new high-cost credit team and I’m waiting to hear back from them. Anyway, congratulations on your success!
B.smith says
Hi Sara
I am currently sifting through my amigo data they sent to me on a CD. I am unsure of what I am looking for as such, but I can see that each time I took a top up out that my credit file shows more and more debt around the amigo loan. They also didn’t question why I had said my debt management repayments were so low towards certain debts. One thing which I know for sure is that there is not one bank statement from myself or guarantor. I have a gambling problem and have hundreds of gambling transactions throughout getting my loads with amigo. Which I believe would have been a big red flag for any lender should they have looked. What I am wondering (and I expect them to disagree with my complaint) do I send off this disc to the financial ombudsman service when it eventually gets picked up by an adjudicator?
Sara (Debt Camel) says
So you are looking for two things.
On every application, you are looking to see whether the I&E that Amigo constructed to show you could afford the loan is reasonable. Things to look out for:
– expense lines that are implausibly low. Someone here reported £50 a month for food and nothing for clothes. These amounts have to be realistic not just for a few months but for the whole term of the loan. If you have a car, you need not just petrol and insurance, but MOT costs and an amount for new tyres etc. If you have glasses or contacts, you need an appropriate monthly cost for these etc. You need some allowance for enternatinment, kids pocket money, Xmas presents etc
– if you had top ups and your expenses seem to be dropping each time, this should have been looked at, as most of the time most expenses go up over time.
– income – did your income seem to go up a lot for each application? It may have done, but amigo should really have verified it.
– if your income was variable (bonus, commission, overtime) this should have been discussed with you by Amigo to make sure they weren’t using your maximum income as a regular monthly amount.
– your partner’s income should not have been taken into account with a detailed discussion about your partner’s expenses and debts.
– your health, age and family situation should be taken into account. Are you about to lose child benefit and child tax credits with a child reaching 18? Retire? Is someone in your family in receipt of disability benefits – if they are, then there will usually be extra expenses as well, Amigo should have asked about these.
– do the debt repayments you put on your application match up with what your credit record shows? This doesn’t have to be exact, but a mjor diofference should be looked at.
So here you are looking for discrepancies. If you had a phone call with Amigo (not all borrowers do), what you said in the phone call should match what your application and credit records showed.
Then where you had top-ups, there are extra factors you can look at. Has your financial position got worse than on the previous application – more debt, recent repayment problems, more short term high cost debt? And if you said the previous loan was to consolidate debt, does your credit record show that never happened?
B.smith says
Thanks so much Sara. So far my findings show that the debt repayments that were on the application etc do not reflect my credit file. I was also getting more and more defaults/late payments listed on each top up. The top ups were never for consolidation so they should have wondered why I wasn’t consolidating existing debts and just adding to them. Another thing is that my guarantor has had to make 4 payment throughout the loans (which I did pay back) but this was because I couldn’t afford them. I have also had 4 arrangement to pays with them due to not being able to afford the payments on the due date. They still allowed me to top up even though I had entered into a debt management plan which I was open with them about. I did speak to them on the phone and they asked me if I was managing my money better before the latest top up and I said yes, but if they had looked at my credit report they would have seen the gambling transactions etc and more debts adding up/being minus in my account etc etc. Thanks again Sara I do believe when it comes down to it I have got a solid case. I had 12 payday loans 6 credit cards and a personal loan when I applied for a loan with them in the first place. I am determined now to put everything right.
Luke says
This may have been on here before, but I submitted my complaint to the FOS in November. I haven’t heard anything since (except the usual bank statements and that there is a delay etc).
I check my Amigo app all the time and nothing really changed – always on there saying I was eligible to top up to £15000. I haven’t missed a payment, despite how tough things have been.
On Friday I noticed that it now says I am not eligible for a top up!
Now I don’t want the top up but I wonder if things are moving behind the scenes for this change to my account.
Any thoughts? What did people experience before?
Lou7 says
Hi Luke
It was the same for me. I am struggling to pay each month and I kept getting email and the odd text saying I could top up and now when I log in it says you cannot borrow more money which made me think maybe things are moving forward a bit.
Peter says
Hi Sara,
What is your opinion on the following for a loan that was issued incorrectly? The lender should wipe the full history of a loan off from your credit record, or just the negative markets (which seems to be the FOS stance).
Thanks
Sara (Debt Camel) says
It doesn’t really matter what I think, does it!
In practice having a loan with no negative markers on it is more likely to help your credit record than hurt it. You may understandably not want anyone else to see you were desperate enough to borrow from Amigo, but another lender can never see the lenders name on your credit report.
Glen says
Amigo Update, submitted complain on the 1st May. On Friday I got partial uphold-
“With the above in mind, we have decided to provide a refund of interest on your loans from November 2011 onwards, plus 8% simple interest. This amounts to £16,227.13. We have credited this amount against your outstanding balance which has settled your loan, but leaves £9,765.29 to be refunded to you directly”.
Major result as was expecting this to be a stone wall FOS complaint.
Thanks again Sara and site
Glen
Sara (Debt Camel) says
Excellent.
Was this a “partial uphold”? It sounds like a full refund to me!
Glen says
It is very close to full refund. My first loan with them was 2008 so there’s not much they haven’t refunded. Back in 2008 my loan was £1000 compared to the later amounts. So it is the larger ones I have back.
Glen
ABC says
Hi Glen
Fantastic news on your complaint being upheld direct with Amigo.
Are you able to share the background to your complaint please, i.e. how many loans and top-ups you have had, how much for, the basis of your complaint?
The fact you’ve been able to settle without going to FOS is ground-breaking so we’d all be grateful for information you can provide as this will really help others who’ve also raised or are raising complaints?
many thanks
Shahid says
Dear Sara
I want to complain to Amigo regarding my loan.
I am worried though that I may be taken to court for a fraudulent declaration. The issue is that I inflated my income and stated that I was working for over a year, whereas I had not worked for so long.
Also, my circumstances changed when I went for the top up, yet I didn’t update the records and signed it online and during the phone call.
I was never asked for a bank statement or a payslip.
I am worried that the lying is an offence and may come to be seen as fraud?
Looking at this article it shows that the I&Es have been lied about and people have got refunds, but I’m worried Amigo are very ruthless and may take me to court for Fraud.
Would be great to know what the legal side of this is so I can make my complaint.
David says
I can’t speak for the professionals, but I’m sure its the responsibility of Amigo to ensure they have checked up what you have declared as part of their assessment. If they haven’t done that sufficiently, then that is their issue I would have thought.
For a start, if they didn’t ask for a bank statement or payslip, then that for sure shows they didn’t perform the checks correctly and as far as I’m aware, I’ve not heard of anyone getting into trouble about overinflated declarations – it is their responsibility to verify it, not yours. however I can understand your concerns.
I would set the ball rolling now and get in the queue before it becomes a long one (probably already is), merely stating that you feel let down now that you have heard they are being held accountable for irresponsible lending because if they had performed those checks then the they would have seen your declaration was incorrect and should have questioned it there and then.
A little like my own case against them, I feel they merely checked up on the Guarantor and left it at that (they even put me down as paying £zero for council tax and Utilities because my partner paid, rather than including them and marking them as “partner pays”).
You can only ask. and if you are now in financial difficulties, then they are the first people you should be going back to – if they didn’t lend you this loan, then perhaps you wouldn’t be now.
Sara (Debt Camel) says
it’s obviously not good to have lied about being employed. But Amigo had a responsibility to check you could afford the loan and they would have been well aware that some customers are despoerate and don’t always tell the full truth on applications.
I have aeen a lot of payday lenders make vague threats to report people for fraud if they persist with taking a complaint to the Ombudsman. In three years now I have actually seen anyone have a problem in practice.
See https://debtcamel.co.uk/payday-lender-says-lied/. That says “The Ombudsman isn’t going to say that a payday lender should have asked to see your bank statements before lending to you the first time.” – but that is baceause payday loans are usually for small amounts. Your Amigo loan wasn’t – Amigo should have checked carefully, not taken your word for it.
Michael oduemi says
Hi Sara
I sent a letter to Amigo few months back regards a loan I took out. I got a email saying someone would email me in 6 week. When I did get email, they sent me a disc & PIN number of the conversation I had regarding the loan. The problem is I can’t access the the disc. Could you tell what my next steps should be about getting my money back!
Thanks
Michael
Sara (Debt Camel) says
Are you saying you can’t read what is on the disc? Have you phoned them up and asked? Also have you actually complained?
Michael oduyemi says
I did complain, but sent me a CD. The letter just talks about data protection. I did inform them saying I can’t access the cd. They did say call them.
Sara (Debt Camel) says
OK, phone them up and say you haven’t received a response to your complaint. Can you not access the CD because it isn’t readable, the PIN doesn’t work or because you don’t have a laptop or any way of reading it?
Danielle hansford says
Hi I used the template to complain to amigos and they have messaged today saying they are sending all the info it asked for but what do I do after that does anybody no?
Sara (Debt Camel) says
You don’t have to do anything – you have already started the complaint and Amigo will reply to it.
But some people like to use this time to get ready to send their case to the Financial Ombudsman – and that’s where the info Amigo are saying you will be useful.
If you just had one loan from them:
You are looking at all the information to see whether the I&E that Amigo constructed to show you could afford the loan is reasonable. Things to look out for:
– expense lines that are implausibly low. Someone here reported £50 a month for food and nothing for clothes. These amounts have to be realistic not just for a few months but for the whole term of the loan. If you have a car, you need not just petrol and insurance, but MOT costs and an amount for new tyres etc. If you have glasses or contacts, you need an appropriate monthly cost for these etc. You need some allowance for enternatinment, kids pocket money, Xmas presents etc
– was your income right. You may have exaagerated it to help the chance of you getting the loan – Amigo should have checked it was correct, not taken your word for it. if your income was variable (bonus, commission, overtime) this should have been discussed with you by Amigo to make sure they weren’t using your maximum income as a regular monthly amount.
– your partner’s income should not have been taken into account with a detailed discussion about your partner’s expenses and debts.
– your health, age and family situation should be taken into account. Are you about to lose child benefit and child tax credits with a child reaching 18? Retire? Is someone in your family in receipt of disability benefits – if they are, then there will usually be extra expenses as well, Amigo should have asked about these.
– do the debt repayments you put on your application match up with what your credit record shows? This doesn’t have to be exact, but a mjor difference should have been looked at. So for example you may not have mentioned the payday loans you had, but Amigo could see you had them.
So here you are looking for discrepancies. If you had a phone call with Amigo (not all borrowers do), what you said in the phone call should match what your application and credit records showed.
Sara (Debt Camel) says
If you had top -ups, then each top-up was a new loan and Amigo should have done all the checks each time.
If your expenses seem to be dropping each time, this should have been looked at, as most of the time most expenses go up!
If your income seemed to go up a lot for each application, Amigo should have verified this.
For each top-up, had your financial position got worse than on the previous application – more debt, recent repayment problems, more short term high cost debt? And if you said the previous loan was to consolidate debt, does your credit record show that never happened? Either of these suggest Amigo should not have given you the top-up.
Steph says
Hi
I have seen a lot regarding Amigo Loans – Has anyone had any experience of Trust Two ? I am currently paying £400 a month for a loan that was originally £2000 4 years ago, after topping up twice, I now have a guarantor loan with a balance of nearly £20k. This is totally unaffordable to me. I have started an affordability compaint and they have around 15 days left before they have to reply. Just wondered if anyone had any luck with TT in the past ?
TIA
Fiona says
I sent Trust Two a complaint 6 weeks ago and like you I am waiting for a response from them. Will update when I do. Fingers crossed that the three Guarantor loan complaints I have (which are costing me almost all of my salary) will be upheld. Trust Two, Amigo and Bamboo. Though I’m expecting it to end up going to the FOS.
david says
Just a heads up for those who may still be wondering about loans over 6 years old…. I have 2 Amigo loans, from 2011 and 2016. FOS agreed to look at the 2011 loan on 19th June 2019 and Amigo have now agreed.
So for anyone being told by Amigo that they’ve complained too late, assuming you still qualify via the 6 and 3 year ruling and have valid reasons, get your complaints through to FOS.
Judging by the timings on some of the above reported cases, I hazard a guess I’m now back in a queue for the High Cost team to investigate and a few more months of waiting, but I will keep you posted.
Ash Alexander says
Hi Sara/everyone
I have completed my financial Ombudsman Complaint form and emailed it off to them with my amigo response letter saying myself and gurantor could afford the loan and we clearly couldn’t afford the loan plus my grandad is a pensioner . I have got the ball rolling now after reading everyone’s successes regarding affordability . My amigo loan is just a single £9000 loan with the whopping interest 49.9 but having to borrow to make the repayments every month as £355.79 is crippling with my other bills .
Crissy says
Hi I sent complaint to fos in October about amigo allowing me top up even though was in serious debt elsewhere ? I am still waiting to be allocated an adjudicator and finding it very stressful ? I have just logged in to amigo and it’s still saying I could top up to 10000 ? Has anybody any idea how much longer I will be waiting ? When I topped up the adviser actually said you will have no money left after paying the loan ??
James says
I sent mine to FOS at the start of September and I havent had one allocated yet.
Sara (Debt Camel) says
“When I topped up the adviser actually said you will have no money left after paying the loan ??” that’s a good point for your complaint!
A whole batch of borrower complaints have been processed in May and Amigo has accepted all the decisions. I am hoping this means the ones still waiting will now start to move a lot faster.
Crissy says
Yea he did say that and I was desperate and stupid to top up the loan to pay other loans ? It’s a big help this website !
afaq tariq says
Just read somewhere that if you lie about your expenses you can get taken to court by amigo. So am i going to put myself in danger by asking them for a refund
Sara (Debt Camel) says
I don’t think you should worry about this.
Lots of people don’t put their full position on loan applications. I have seen a lot of payday lenders threaten people and no-one has ever had any problems from it. See https://debtcamel.co.uk/payday-lender-says-lied/.
You have been trying to repay this debt, haven’t you? This isn’t fraud, it’s Amigo not doing proper checks.