UPDATES:
Do not use the template on this page for Amigo, Buddy, George Banco, Trust Two, Glo. It is now too late to complain about them.
For TFS 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, Buddy, George Banco, Trust Two, TFS, Consollo, Glo. It is now too late to complain about them or you have to go to the administrators – see the update at the top of this page.
For all other guarantor lenders, including ones that have stopped lending, send your complaint by email – here is a list of lender email addresses:
Guarantormyloan – customerservice@guarantormyloan.co.uk
Hero Loans (Hamilton Greig) – collections@heroloans.co.uk (put COMPLAINT as the title)
Juo Loans – customerservices@shelbyfinance.com
LendFair – in liquidation. Contact angus.gilles@mhllp.co.uk.
Suco – hello@suco.co.uk (ignore any suggestions to contact ODR – you want a reply to your complaint from Suco and send the complaint to the Financial Ombudsman if it is rejected.)
UKCredit – no longer lending but you can still complain to welcome@ukcredit.co.uk (put COMPLAINT as the title)
1 plus 1 complaints@1plus1loans.co.uk.
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 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
Craig says
Hi,
I have had 4 top ups with Amigo and have a current loan with them.
They have not upheld my 4 top up complaints but have upheld my current loan complaint, they have told me that l can accept there redress for my current loan and go to the FOS to complain about the 4 top ups they have not upheld.
Is this correct as don’t trust them as don’t want to accept the redress then not be able to complain to the FOS about the other 4.
Appreciate any help
Thanks
Sara (Debt Camel) says
So you had the original loan and 4 top ups? They are only upholding the last loan of the 5? Have they given you figures for the refund yet?
Craig says
Yes they have given me a figure and will remove the guarantor off and all interest.
It’s still leaves a balance on the loan.
Can l still complain to the FOS for the other 4 not upheld ?? If l accept the redress for my current one ?
Thanks
Sara (Debt Camel) says
Have they included a line for “unpaid interest”?
Sara (Debt Camel) says
Sorry I didn’t make myself clear. Other people who had a top up loan upheld but the previous loan wasn’t, had a deduction applied for “unpaid interest” for the previous lonas… which had been settled… which seems entirely wrong and not like anything the Ombudsman says.
So could you have a look at the numbers you have been given, and see if there is a line which says “unpaid interest”?
Craig says
Yes that’s being removed 👍
Sara (Debt Camel) says
You mean there was a line and they have agreed to remove it????
Craig says
All interest will be removed from my current loan
Keith says
Hi Sara. I read your article back in Oct 2019 when I first started my affordability complaint with Tfs Loans. After 2 months Tfs loans declined to uphold my complaint at which point I took it further to the financial ombudsman.
The case handler was assigned to my complaint and on 23rd July 2020 my complaing was upheld. The company was given 2 weeks to respond to the recommendations. I chased this up with the case handler and he doesn’t know what the company is going to do after over a month.
I’m lost as to what to do. I’ve won my case but feel getting no where.
I took out the initial loan of £7500. And have paid back £13k plus. So I am due quite a lot of money back.
Sara (Debt Camel) says
You haven’t quite won the case yet – TFS can reject the adjudicator’s decision and drag it out to the Ombudsman level. I suggest you email louisa.sutton@tfsloans.co.uk and ask why TFS have not responded to the adjudicator decision after a month. Attach a copy of the adjudicator decision.
sarah says
Hi
Did you have any joy with TFS as I am in the same position as you. I’m waiting for a response back as the investigator from FOS has gone in my favour.
tiny tim says
does anybody know how long Amigo are taking to pay into account after acceptance of redress offer?
I was told up to 20 days (unsure if calendar days or working days as I forgot to ask) but have yet to receive despite going over this timescale.
karl says
It’s 20 working days however people on here have been receiving their payments after ca 9-10 days, i’m currently on 8 days and counting, keep an eye on your account page on their website, the figures will change the day before it hits your bank apparently
Angela says
I’m sure its 20 working days however I received payment on the 18th Aug which was only 6 calendar days after accepting.
James says
I accepted last Friday and it was paid in on the Monday afternoon.
James says
Mines, has been from the 7th, other people have been paid much quicker.
There is no rhyme or reason to the way they are doing it, scunnered!
Laura says
Hi all , just wondering at the mo are Amigo taking the full 8 weeks to issue a final response ? – what has your time frames been like ? thanks Laura
Sara (Debt Camel) says
I don’t think anyone has heard in under 8 weeks – normally it is a few weeks longer.
Linds says
**Update Guarantor My Loan**
Affordability complaint sent to GML, they rejected.
Sent to FOS on 28/02/20.
Picked up by Adjudicator on 25/08/20.
I will update with outcome soon.
Gaz says
Hi, thanks for all the help and advice on here, we have had 2 out of 4 loans upheld and the redress has left a balance of 4K rather than around 8k, it states in the email “ In addition, we have now removed your guarantor’s liability for the loan agreements“ is that just for the loans that where upheld? Or has the guarantor been released from the two loans that where not upheld? And should I be able to arrange a more affordable monthly payment on the remaining 4K balance. Thanks in advance
Sara (Debt Camel) says
Which of the 4 loans were upheld?
Do you agree that the other two loans were affordable?
If you have had the numbers, have you been charged an amount for “unpaid interest”?
Gaz says
Hi the first two loans where not upheld and the latest two where upheld, so we will have a balance remaining from the original two loans
Loan 1
£2,250.00
24 Sep 2018 £109.78 Payable a month 2 x payments made before top up. Not upheld
Loan 2
£3,250.00
18 Dec 2018 £158.57 Payable a month 2 x payments made before top up. Not upheld
Loan 3
£5,000.00
18 Mar 2019 £197.62 Payable a month 3 payments made before top up. Upheld
Loan 4
£6,000.00
20 Jun 2019 £237.15 Payable a month 9 payments made (currently on Covid breathing space) Upheld
£1,695.90 Redress amount to come off current balance of £5,740.91 leaving £4,045.01 to pay. Does that seem correct there or there abouts?
I am just wondering wether my guarantor will be released all together and then I can arrange lower monthly repayments for the remaining balance? Is that how it works? Cheers
Sara (Debt Camel) says
If the last loan was upheld your guarantor should have been released and you can make a lower affordable payment arrangement.
BUT can you answer my questions?
Do you agree that the first two loans were affordable? Or were all your top-ups because the previous loan was proving difficult to repay?
If you have had the numbers, have you been charged an amount for “unpaid interest”? Because if you have, this is simply wrong and Amigo should take that off your balance.
Chris says
I’m still currently waiting on what our approach is going to be regarding these types of settlement.
I know we’re not happy with the way they’ve proposed some offers but I’ve yet to receive an update.
I’ll be in touch as soon as I can.
Apologies that it’s taking so long.
This is the email I received from ombudsman who are looking into the unpaid interest deducted from my Amigo refund.
Laura says
its crazy really as with the company Sunny – even though not guarantor loan – you used to take a loan out and then be able to draw down on that same loan time and time again – effectively a new loan like these with Amigo – but they never tried taking the “unpaid interest” and with those straight away i was given a full refund on everything but the 1st 3 loans – makes no sense what so ever
Adam says
couple of questions, how long does it take for amigo to amend the online accounts to show the updated balance after redress?
also seems to be a lot of amigo complaints on here but has anyone had any success with Bamboo and George Banco?
Simon says
Yes, George Banco claimed they acted accordingly and failed to uphold complaint. This was quickly overturned by the FOS.
Bamboo also turned down complaint but I responded with strongly worded response to their final response and complaints manager overturned decision saying they shouldn’t have loaned me the money.
George Banco were horrendous to deal with and tried to tell me they hadn’t received anything from FOS. This clearly wasn’t the case…
Arlene says
My guarantor got an offer yesterday and accepted but on his email said that the balance will be credited back on my account and a have to pay when the loan was cleared off last year they also said al have to wait 15 working days so they can recalculate interest
Daniel says
I’m just after some advice my guarantor accepted there refund 2 weeks ago I’m still waiting for my redress figures does any one know how long it takes for the guarantor to be paid and how long I have to wait for my figures thanks
Amanda says
Still waiting on these too told me I would get my redress figure no later than 5 days after the 13th August still waiting and told my guarantor 35 days for there’s to go in bank but it’s only been two weeks so far for them
KY says
Hi Sarah
I’ve just had a response from amigo from a loan I’ve put an affordability claim in for from 2010 I finished paying it in 2016
They say they will not look at it as it is over 6 years but I’ve seen others that are being looked at us this right? What do you advise now?
Sara (Debt Camel) says
I suggest you send it to the Ombudsman to look at. FOS often decides it can look at older loans if you have only recently found out what an affordability complaint is.
Arlene says
Hi Sara my guarantor got his offer yesterday but they have said mine will take 15 working days they also put on email that his refund will go bk into my balance and al have to pay it but my loans are clear why would they do this they said they have gave my guarantor all the interest back he paid plus some capital and plus the 8percent is this right
Arlene says
And then they will recalculate my redress and send me it with 15 days
frogman says
I hope Amigo don’t go burst before paying up.
I don’t know if anyone has read the story of their losses in the last financial year, -£37.9m mainly as a result of complaints amounting to £126.8m, compared to £100,000 the previous year. How much did they set aside to sort out complaints?
Please pleas please Amigo, pay me before you go burst.
Chris says
They have plenty of money in the bank. With Mr Benamor hovering and looking at shareholders vote they arent going bust. His little outburst last week caused shares to rise and then fall when the board responded. Glen Crawford sounded like they were committed to resolving complaints and moving forward.
Nicola says
My account went into minus yesterday and amigo have told me it will be paid today, I’ve checked my account and nothing they said wait till 9pm. Does anybody have a rough idea when it would hit my account tonight?
Rebecca says
Hi Nicola,
Out of curiosity, when did you accept the re dress? I accepted on Monday and was told 20 working days however when I called yesterday, he said anything up to 7 weeks! A bit confused by it all to be honest.
Nicola says
Hiya, I accepted last Tuesday so the 18th and was told the same 20 working days. My account went into minus 25th so yesterday and I’m constantly checking my account tonight I called amigo today who also clarified I would be paid today before 9pm. Hopefully in before 9 for me!
Rebecca says
Hi Nicola,
Thanks for your reply- fingers crossed mine will be as speedy as yours has been as rather a good sum coming back to me which is more than needed at the minute . Also hoping that the funds have hit your account as promised :)
Nicola says
Hi Rebecca, yes same a rather lovely sum that is very needed right now! And I have to say it did not hit my account by 9pm as promised twice yesterday by them :(. Will be calling this morning to see what’s going on. Hopefully they help and sort it for me. And I hope yours isn’t too long now for you :)
Frogman says
Hi Nicola,
Have you been paid yet? I am now 15 working days abc still nothing
Nicola says
Nope I haven’t been paid yet. They told me yesterday it was in the next batch of payments to be made and to call back today and they might be able to tell me more! Feel like I’m going round in circles with them now. But I’m hoping today is all sorted and payment hits my account today! I’ve read it’s normally after 6pm so we’ll see I can update you after I’ve gave them a call later on. :)
James says
It’s getting ridiculous now, accepting on 7th and people being paid well before.
Hope goes in soon frogman.
laura says
hiya sara wondering of you can help me today a had 1 loan upheld but 2 havent but they have said defend after it do you know what this means and there has been no 8%intrest added on do you know why this is
Sara (Debt Camel) says
So you had 3 loans? which have they upheld? have they given you the figures?
laura says
Based on my review, I have concluded that, with one exception which I will discuss below, Amigo can be satisfied that the majority of the loan agreements were affordable for you at the time these were entered into. Further details about the lending decisions are set out below.
No. Loan Reference Date of Payout Loan Amount Term (Months) Monthly Payment Outcome
1 21 Oct 2014 £5,000.00 36 £243.95 uphold
2 18 Aug 2015 £5,000.00 24 £309.08 Defend
3 25 Jun 2016 £7,500.00 36 £365.92 Defend
Total redress = Total Interest + 8% Simple Interest + Fees and/or charges – Unpaid Interest from non-upheld loans ‘Unpaid Interest from non-upheld loan’ represents the amount of interest that would have been incurred on the non-upheld loan. This interest would have been payable, in any event, had the upheld loan agreement not been entered in to.
Total Interest £1,421.39
8% Simple Interest (After Tax Deduction) £0.00
Fees and/or Charges £0.00
Unpaid Interest from non-upheld loan £0.00
Total Redress Payable £1,421.39
Current Loan Balance £0.00
Balance less Redress £0.00
Cash Refund £1,421.39
laura says
am going to ohone them tomorrow as alot of it doesnt make sense how they can say a couldnt afford first one but could other two when my income didnt change and ask about intrest
Sara (Debt Camel) says
“they have said defend after it ”
Amigo seem to be sometimes telling people they can accept an offer and still complain about the other non included loans to FOS. This could have been what they told you?
I agree with your conclusion that it makes no sense to not uphold the later two loans which had larger monthly payments.
(Unless of course you had had a big payrise, or paid off a lot of other debt after taking the first loans oput – which I bet wasn’t the case…)
there should have been some 8% intwerst but using Amigo’s calculation methos it would be small. less than £100. This is a side issue, focus on the main one which is that loans 2 & 3 should be refunded.
laura says
i have sent it to the fos they said defend is just another word for not upholding no my income actually went down but my debts went up figures they gave me for my income was all wrong and as for the 8 percent they said i wasnt to get it and they said the letter said it because its a standard template
Chris says
When sending a rejected complaint to the FOS, should you send the lender’s full response also or just the original complaint?
How much does it affect your chances of the FOS deciding in your favour if you send them a more detailed complaint with SAR evidence? I have a toddler and care for my partner who is ill so I’m finding I don’t have a lot of time to look through the SAR information I’ve been sent. I’m thinking of just sending the complaint and providing any further information only if they ask for it, just so I can get it sent without any delay. But would this decrease my chances of success?
Sara (Debt Camel) says
You fill out the FOS online complaint form, you can copy a lot from your original complaint. You can then attach the response from the lender.
It will also help a lot if you can attach your bank statements.
I’m thinking of just sending the complaint and providing any further information only if they ask for it, just so I can get it sent without any delay
I think that sounds sensible. When an adjudicator picks up your case, it may be clear they see what you are trying to say and they get on with it. You don’t often have to go into great details eg explaining what the SAR says the lender did and why that was wrong.
But you have the info there if you need it. That’s the point of asking for it up front.
Chris says
Thank you, Sara. Happy to say that everything is sent off to the FOS now.
Mark says
I am wondering if I have any claim for being mid sold the loan..
I took out my first loan I think in 2018.. I think I topped this loan up 3x in the space of 4 months. They did not ask for any evidence of wage slips, bank statements. I don’t know how they could verify my expenses were true if they had nothing to cross reference with anyway, at the time I was really struggling. I was topping up this loan to make future payments. I was scared of falling behind Incase it affected my guarantor. I also took out loans with other companies to keep up with the amigo loan. My credit file wound strongly suggest I couldn’t afford these loans and was falling behind other debts.
Could you advise if I stand a case?
Sara (Debt Camel) says
You know those loans were unaffordable. Having to top up because you couldn’t manage the repayments! So send in a complaint.
Mark says
in what grounds could they dismiss this claim though? If I explain I had to keep topping the loan up to make future payments. How can they prove I could afford it?
Sara (Debt Camel) says
There isnt any point in worrying about this. Amigo (I assume it’s Amigo?) is accepting a lot of complaints at the moment. If they don’t then you send it to the Ombudsman.
Tom says
Hi there everyone.
I recently continued with a claim I started well over a year ago with FOS. I called just over a month ago to see whether they would allow me to respond to their email from a year or so ago and continue with the claim, he said yes and I sent over the necessary information. I received a reply this week asking for the loan ref number and the date of their final response.
Now, it was only the other week that amigo informed me that I have 6 months after their final response to submit a claim to FOS, so after emailing the date of Amigos final response I’m now concerned they won’t continue with my claim as I commenced the original FOS claim after the 6 month period.
Firstly, has anyone been in a similar situation and found that FOS wouldn’t continue with the claim…or the opposite?
From the posts on here and the redress figures some of you have shared, I would anticipate I would be due over £4000 should they uphold my claim …but now I’m concerned that I may have missed put due to timings.
Gary says
Hi
I made a complaint to UKCREDIT
I have a response from them see below!
Is your request for a DSAR dependant on whether or not your complaint against UK Credit is upheld?
· Is the information you require solely in respect of the affordability of your loan?
Can anyone help hear.
Sara (Debt Camel) says
If your only complaint is about affordabilty, I suggest you reply that if they uphold your complaint in full you do not need the SAR, but if they don’t then you want a copy of all of your personal information.
james says
hi Sara,
had 5 out of 6 amigo loans upheld this morning , my guarantor has kindly already rejected the offer,
so I guess now I have to play a waiting game on my redress offer? the email states I will get an offer no later than 5 working days after the 10/09, but I assume being that my guarantor has quickly rejected the offer that may speed things up abit…..?
thanks for all your help, if I hadn’t found this site then I d never even have known I could claim, so very appreciative.
Luke says
Hi Sara
Me again. So after hearing yesterday about amigo accepting today I’ve had my complaint upheld for two of my Uk credit ones. However. From below they’ve mentioned nothing about the 8% interest? Can I assume they’ve not included it? Also said mybguarantor is still liable?
Our offer
Please see below the redress calculation confirming what UK Credit is offering.
Loan 5009665 £6,770.00
Payments you have made: £11,543.42
Overpayment of principal due: £4,773.42
Redress amount due to loan: £4,773.42
—————————————————
Loan 5024548 £12,500.00
Payments made: £7,006.86
Remaining principal outstanding: £5,493.14
Current loan balance: £10,307.04
Redress amount due to loan: £4,813.90
—————————————————————–
The redress from your loan account 5009665 will be applied to the current balance of your loan 5024548.
Current loan balance: £10,307.04
Redress due (5009665): £4,773.42
Redress due (5024548): £4,813.90
Total redress due: £9,587.32
Sara (Debt Camel) says
So there will be a balance of just over £700 owing.
Had you paid off loan 1? how long ago?
Or was it topped up? In which case, was the Payments you have made: £11,543.42 the sum of all the monthly payments you made PLUS the settlement,ent amount from the top-up loan?
Luke says
I don’t think it was topped up. I had a loan before it but they didn’t uphold it just these two.
I’m really confused as the amounts they offered me redress on the two loans above are just the interest.
Have they made a mistake by not offering me 8% stat nor releasing my guarantor?
On the acceptance figures is says “gross interest due on any interest/charges calculated from date of monthly payment to settlement date (calculated at 8% simple interest per year) and then there’s a 0 next to it as if I’m not getting it?
Luke says
Sorry and yes I’d paid the loan off. Then took a new one out (12.5k). It’s the interest side and why I’m not getting it that gets me?
Sara (Debt Camel) says
OK so ask them why they haven’t paid you 8% interest on the refund from the first loan.
Luke says
Okay. Should they pay me the 8% on both loans? And should they release guarantor? If they paid the 8% it would basically clear my balance with them.
Can I just say thanks too. Without this website and your help I wouldn’t have had the guts to do this. I’ve had nearly £19,000 in success with this for miselling.
Sara (Debt Camel) says
The second loan the argument is that you have always owed them money as you haven’t repaid what you borrowed. You would have to go to FOS probably if you want that challenged.
Yes they should release your guarantor. Say if they don’t you will be telling your guarantor to put in a complaint that the loan was unaffordable for you.
James says
So mines is showing refunds processed now on my account but not showing a minus. Did anyone else go like this? I am hoping it will go in after 6.
frogman says
That’s some progress for you James.
Mine is still showing that I am in arrears. Figures haven’t moved a bit.
James says
Hi frogman,
Money went in about an hour ago. Hope yours in soon pal.
Leanne says
I accepted my redress last night and my account automatically showed refund processed and account settled and closed. Does that look like the money will be on its way soon?
It’s not showing minus that’s my only worry. It’s showing £0.00.
Thank you
Stacey says
Hi Sara,
I’m a bit worried because I submitted my complaint but I thought I’d only had 3 loans but it was 4, will they still take into consideration all of it or do I need to them them I want to complain against the other one too?
Also, please could I ask for your help in working out any redress due…
Loan 1) £4000
LOAN 2) topped up to £6500 – received £2594.00 cash
Loan 3) topped up to £8500 – received £1986.23 cash
Loan 4) topped up to £9000 – received £695.00 cash.
In total I have received £9276.00 cash I believe (this is from the statement they have sent me in my SSR where it says initial payout – balance and have paid £10,726 back all together.
Does this mean I will get the difference back plus 8% of that?
Thank you
Jacs says
So I finally got a helpful reply back from Amigo yesterday. Was informed that it is currently being looked into by their team who deal with the FOS complaints.
Also when I log into the Amigo app, my bank and card details have been removed. When I try to log in through the website, after entering my login details, it says an error has occurred.
I wonder if this means they are actually working on my account just now? Here’s hoping I hear back soon. Only been waiting since January! 🤞
Stacey says
Hey, I think it’s an issue with their website because I’m getting exactly the same thing when I try to log on but I called and heard my balance and that hadn’t changed :/ best of luck!!
David says
Good news. Email from ombudsman saying Amigo loans Ltd accepts all Interest plus 8% on all loans. Figures to be emailed within 4 weeks. Let’s hope they don’t go into administration. Tbh I will only believe once money cleared to my bank account. Everyone who is still waiting my heart goes out to you all and wish you luck
Lou says
Has anyone not had their DSAR within 30 days? I need to wait for this to send complaint to FOS. I have no idea what information they have to reject the complaints they have.
Thanks
Sara (Debt Camel) says
Yes sometimes they are very slow. You do need to wait for this to send your complaint to FOS, do this now, – you can add on any more info from the SAR later if you want to.
Lou says
I just don’t know what they’re reasons are for rejecting it, does that not matter?
I’ve got my credit report from another company for around that time, and there were three defaults registered on my credit report within the six months prior to topping up on two occasions . On the last top up, I was late with my payments nearly every month. They took it from my guarantor. I then paid this back to them, but I am surprised they have rejected it. I throught I’d need to send their reason for rejecting?
I will give them a couple more days, but I’m not waiting more than that.
Sara (Debt Camel) says
I just don’t know what they’re reasons are for rejecting it, does that not matter?
No, it really doesn’t. They aren’t giving a detailed response, so it doesn’t really help you. If you know the loan was unaffordable and if Amigo had looked at your situation in detail they wouldn’t have given you the loan, then send the complaint to FOS now. You just have to attach their rejection.
Lou says
Okay, thanks.
I’ve sent them my credit report for that period because originally they said that I hadn’t taken out other loans before topping up, but each time I did. They asked me to send the credit report. I think that’s why they’re putting off sending my DSAR, because the reasons they gave for saying my loans were affordable, they have no proof of. I have only given them until next week, because they have technically rejected my first four loan claims, so we will see.
I would be so surpirsed if they don’t uphold them after seeing the credit report. Let’s see,..
Ennio Fara says
Finally I had my redress!!complain has been made in 19/05/2020
And I was email them every single day after the 8weeks !! No chance !! I received one email the final response will be end of August and yesterday they redress my loan ( was paid off in 2019) so I called them to accept the offer and they said 35 working days !! And I said to them I want my money by next week because I got no job due covid-19 and rent in arrears!! And they said they can’t do nothing because this are
The day…Sarah It is possible let people wait to get refund if they have also financial problem ?
Sara (Debt Camel) says
Well it is not ethical… Some people do get refunds earlier but this seems random, not connected to whether they phoned every day.
I hope you have cancelled the DD to Amigo?
Ennio Fara says
Yes of course…I will chase them from Tuesday again to get paid ! I really don’t care …they ask me also to send them the bank statement to show the right sort code and account number to verified is me ..I think they are a lot in trouble and they make more mess by phone and by email because no one is really in charge
Rebecca says
Hi , I’ve noticed you have mentioned to cancel the direct debit – I’ve accepted re dress but been told to keep the direct debit active as my next payment is due next week- should I be cancelling this payment?
Sara (Debt Camel) says
unless you can afford to pay it and then wait a month for it to be repaid, I suggest you cancel it!
Rebecca says
My guarantor is still showing on my account, if I cancel will they go after him? They give very conflicting information when calling , totally unhelpful and not willing to listen to questions
Rebecca says
It will clear the balance and I am due a cash refund. They said in the initial email that my guarantor has been released . When I called , they said to keep paying as it will affect my credit rating if I don’t and miss a payment. They also then went on to say that payment of the refund can take up to 7 weeks so may have to make 2 payments! Just wish they would sort it now so I don’t have to worry about it any more
Sara (Debt Camel) says
It won’t affect your credit rating – well if it does you can complain and they will have to correct this.
So what I said originally still seems right – if you can afford to make these payments and wait for them to be refunded, fine. But if not, then cancel your DD.
Rebecca says
Just logged on to my account, showed balance settled so checked bank account- it’s been paid in full :) happy days.
Heather says
How long did you have to wait for your refund if you dont mind me asking? Still waiting for mine….been 2 weeks
Rebecca says
Received an email with the redress amount last Monday, accepted mon afternoon and was told 20 working days for payment. Kept checking to see if account went into minus then checked at around 4.30pm yesterday and it said account closed and the money had gone into my account – 6 days in total. Doesn’t seem to be any clear process in how they are paying
laura says
i accepted tuesday and got mine yesterday you should phone them
Jake says
Hi , my wife put a claim in with amigo and her father the guarantor has received an offer but it says if he accepted this offer the value would then be put onto my wife’s account, does this mean she would have to pay this even tho she put the claim in for redress ?
Ennio Fara says
Sarah is you know there is any way to ask amigo to process the payment ASAP with out wait month ..?
Sara (Debt Camel) says
No, sorry. You can keep pestering them but there isn’t an easy way to get the money sooner. Some people are paid earlier, I don’t know why.
Ted says
Hi Sara,
Over the last few weeks FOS has asked me to provide further information in regards to my claim against Amigo. I recently posted here about the fact that I submitted my claim to FOS after the 6 month window we apparently have after recieving a final repsonse from the lender.
On Thursday, they replied once more after I sent them the final response from Amigo, and the date of the final repsonse. FOS have said they won’t necessarily rule out my claim, but they wanted to know why I hadn’t submitted the claim earlier.
I replied firstly explaining that it wasn’t until calling Amigo recently that I discovered the 6 month time limit, and also gave a picture of my mental health and personal circumstances at the time of the loans, and how it has affected me until now.
I am hoping that its enough for them to proceed, but wondered whether you think I should explain anything further to them, or if you are aware of any previous claims that were upheld despite them being submitted after 6 months.
Is it also worth noting to them that I have had several, loans upheld with kther providers or is that irrelevant ?
Sara (Debt Camel) says
Your originally wrote that “I received a final response letter from Amigo around September 2018”.
Do you have a copy of that letter?
Ted says
It was an email version of the repsonse which I have managed to get Amigo to resend to me recently as I lost the original email.
Ted says
This evening, for the first time, I looked over my old transactions to see how much I have paid Amigo. From this bank account which I opened in 2016 I had made over 30 payments totalling over £19,000. I originally took out the first loan when I had my old bank account so the figure is likely to be over £20,000. My first loan was for £5,000, and I had 4 top ups I think to a max of £7,500.
Looking at these numbers makes me even more determined to try and claim some of it back as I am rather shocked.
Sara (Debt Camel) says
Does that email say you have 6 months to take the case to FOS?
Amigo didn’t use to include the sentence saying you could only go to FOS in 6 months.
I suggest you go back to FOS and say the Final Response you received from Amigo in 2018 did not tell you there was a time limit in taking your case to the Ombudsman, so you didn’t know about this.
I suggest you also email hello@amigo.me with the title “Subject Access Request” and ask for a copy of all your personal infomartion. some of it may be useful when FOS start looking at your complaint.
Raj says
Hi Sara,
I want to raise an affordability complaint with Amigo loans. I borrowed in late 2014 and it was £5000 over 5 years.
However I paid it back early as my father who was the guarantor passed away and I used some inheritance to pay off the remaining balance as the interest was too much.
Before paying back in full early, there is evidence that I missed payments and my guarantor had to make a payment.
Does the fact I paid the loan in full back early with my father’s inheritance impact my claim?
Sara (Debt Camel) says
You can still make a claim – you don’t need to explain to Amigo where you got the money from to settle it – that isn’t relevant. Paying it back early will have reduced the interest you paid – do you know how much you paid?
The payments made by your guarantor will be offered to them. As they are dead, the executors should deal with this. If they don’t reply, then the full repayments will come to you.
Raj says
Thanks for the swift reply.
So the loan started in September 2014 and I cleared it all in December 2016.
Amount borrowed was £5000, no top ups.
I paid back a total of £8992 in the space of two years. This must be because they fronted all of the interest, is that right?
I am the executor of the estate.
Is there anything else I should do before sending the complaint?
Sara (Debt Camel) says
Then you paid 3992 in interest and if you win your complaint you should get that refunded plus another 1/3 in 8% interest added.
I would get the complaint in fast so it is within 6 years. It’s a bit of an artificial date as FOS almost always looks at older complaints, but get it in now and Amigo can’t refuse to look at it because it’s over 6 years.
Raj says
Great, I will do.
It is luckily still within 6 years, 3 weeks away!
Thanks for your support.
Sandra says
Hi Sara I see people saying they filled out a form when sending their complaint on to fos I just sent an email with all the attachments I needed to send like bank statements and conversations back and fourth with amigo is this ok, thanks.
Sara (Debt Camel) says
You have started your complaint, you don’t need to do this again.
Email is a slower way as your email probably didn’t answer a lot of the questions FOS asks. These are easy questions but FOS needs them to add your complaint into its system, eg what is your date of birth? Are you making a joint claim with someone else? how would you like FOS to contact you?… Someone from FOS will be in touch to ask these questions and set up your complaint.
That is why I strongly suggest people use FOS’s online form. It’s just easier – your complaint goes straight into their system.
Sandra says
Would you suggest I do it again or just leave it the way i have done it thanks
Sara (Debt Camel) says
Don’t do it again! If you haven’t heard from FOS within 2 weeks, not even an email acknowledgement, phone them up and say you want to check your email complaint has been received.
Sandra says
I’m just off the phone to fos she says they have currently a back log of three weeks I said would I submit it again she said to give it a week and if I haven’t heard anything to ring back she also asked if I had any acknowledgement when I send they email I said yes I had a email back saying They are working hard with the back log due to covid and will look in to my complaint soon. So I’ll just leave it and see what happens in the next week.
EmX says
We have also done an irresponsible lending with buddy loans I complained 2019 and they send a letter back saying they didn’t uphold so I’ve tried again but I didn’t escalate the same issue to FOS is it too late
Many thanks
Sara (Debt Camel) says
when did you get a response from BL? Did you both complaint to BL too?
EmX says
I got the final response last year but didn’t do anything about it they didn’t uphold it
But we did it again in July 2020 still waiting to hear back which will be September same time we put in to amigo
Do we wait it out as I did mine first and my partner did his too do we wait till 9th September when the 8 weeks is up or take to FOS
Many thanks
Sara (Debt Camel) says
wait for 8 weeks
EmX says
Ok thank you I’ll wait till the 9th I’ve sent emails asking for an update but nothing
So I’ll wait till 9th September and then I’ll take the complaint to FOS
Many thanks
Matt S says
Recently had a complaint partially upheld by Amigo (top up was upheld, guarantor released) which I accepted but they did not uphold original loan. I am now confident I would have been successful with FOS. Am I able to submit a new complaint regarding original loan or is it done & dusted since I accepted their decision not to uphold original loan, only top up? Also, Amigo now added to my DMP. Told them my circumstances changed & they received budget from PayPlan. Amigo now asking to speak to me via telephone at length and they have requested bank statements / payslips. Why is PayPlan’s budget not good enough as I have already gone through everything in detail with them. What if I refuse? honestly not in the right frame of mind to be scrutinised about my finances once more!
Sara (Debt Camel) says
The calculation of your redress – was there a line in there for “unpaid interest”?
re your DMP, I suggest you go back to Amigo and say you would like them to talk to Payplan. Point out that the regulator’s rules say:
“An example of where a firm is likely to contravene Principle 6 and CONC 7.3.4R is where the firm does not allow for alternative, affordable payment amounts to repay the debt due in full, where the customer is in default or arrears difficulties and the customer makes a reasonable proposal for repaying the debt or a debt counsellor or another person acting on the customer’s behalf makes such a proposal.”
and that if they do not accept Payplan’s offered payment, you will be sending a complaint to the Financial Ombudsman.
Can I ask how large the debts are in your DMP at the moment, including this Amigo loan? How much are you paying to the DMP a month?
Simon says
Quick update on the redress for all 16 loans that have now been upheld.
The redress has been calculated at £31,000…. I would like to thank Sara for this site as this was the catalyst for me last December to get the ball rolling. It’s a long hard and very tiring and mentally challenging road.. .Stick at it and dont give up. I will be making a few donations to local Money advice hub and CAB
Sara (Debt Camel) says
wow!
Simon says
That would not have been possible without this site. A life changing amount for me and I cant thank you enough. Great site
Claire says
Sara
My guarantor received email saying he is due back £304 as he paid 1 x payment off £286
I still not heard anything and my amigo account still saying I owe over 5000
£1000 15.7.15@£103.06 over 12 months
Top up £2500 7.12.15 @ £154.54 over 24 months
Top up £3250 15.8..16 @ 158.57 over 36 months
Top up £ £5000 21.2.17 @ £213.88 over 48 months
Top up £5750 8.8.17 @ £245.96 over 48 month
Top up @ £6750 12.22.17 @ £266.79 over 48 month and still saying I owe over £5000
Sara (Debt Camel) says
which loans were upheld? has your guarantor been released from the current loan?
Claire says
I haven’t heard anything but when checked my amigo online acc they have wring email address for me which I have now updated
But today my partner who is my guarantor had an email saying he will get 304 refunded when he didn’t complain his email says he is released from current loan
So don’t know what on was upheld sorry
Sara (Debt Camel) says
So phone Amigo up, explain the email problem and that you have corrected it and ask them to resend the emails to you about your complaint.
It sounds as though at least the current loan has been upheld. You need to know if all loans upheld? If not which?
If they are only upholding a few, come back here with the details, as Amigo are trying to make extra deductions in some of these cases which they shouldn’t.
Claire says
Ok thank you so much
So if the current one is upheld how much roughly do you think I would get ?.
Sara (Debt Camel) says
An offer to just uphold the last loan would be a very poor offer for you with that amount of top-ups.
If you would like me to look at the interest you have paid on each loan so you can assess any offer amigo makes, I need to know:
– if the loan is a top up, how much you received in cash
– how many monthly payments you made to each loan. eg 7 lots of £154
Frogman says
Bank Holiday over and I am now back refreshing my Amigo app to see if it goes negative. Have anyone been waiting longer than the 10th of August please? Thanks
david says
I accepted on the 14th of august and still nothing even the figures are wrong for mind but accepted and sent to the fos
Keith says
Sorry I meant 4th August
Keith says
I accepted on the 4th August which means I should have been paid today (20 working days) but no sign. Going to have to ring them again tomorrow
Keith says
Rang them and they said they couldn’t do anything, and that I just need to wait. Unbelievably frustrating. 21 working days and counting!
ian pooley says
hi ive been waiting since accepting my redress on the 7th of july I think i am in line for the award for the longest wait
Mike says
Have any guarantors received their redress payment yet? I was quoted 35 working days on 20/08/20. Has anyone been quoted similar but paid sooner?
Frogman says
Guarantor accepted figures on 9th of July, I got and accepted my own figures on 10th of August, neither of us have been paid.
James says
Have you called them? This is a long time frogman hope it’s sorted soon.
Frogman says
Hi James, I rang them yesterday and they said I am still within the 20 working days. I think I am day 18 now
Christine says
Hi how long before you got a final response it’s been 8 weeks today for me and they have emailed tonight saying they are working on it and hopefully will have the final response within the next month just wondering wether to wait or go to ombudsman now
Sara (Debt Camel) says
I would give them a couple of weeks then send to FOS.
Sending to FOS won’t speed up or delay the response from Amigo. And FOS won’t look at it now. But it gets you into the FOS queue earlier if Amigo reject your complaint of give you a poor offer.
Joy says
Hi Sarah, I wonder if you could help me calculate how much I am getting. I have had 4 loans upheld by amigo and these are the figures:
Loan 1: 3300 taken on jan 2011 over 3 yrs paid £151x 12
Loan 2 top up £5500 taken jan 2012 over 5 yrs, received £2400 paid £217 x50
Loan 3 top up £7000 taken feb 2016 over 3yrs received £3000 paid £341 x 40 paid in full
Loan 4 new loan £10000 taken nov 2019 over 5 yrs, paid 395x 9
Your help is very much appreciated. Thank you.
Sara (Debt Camel) says
You have paid the following interest:
loan 1 £1,612
loan 2 £9,350
loan 3 £6,640
loan 4 not yet repaid the 10k borrowed, still £6,445 to pay
The interest refunds from 1-3 will be used to clear the reduced balance of £6,445, so the last loan is cleared and you should get a cash refund of £11,157.
Plus more than a thousand in 8% interest.
joy says
Thank you so much Sara. I’m still waiting for the redress figure but your site really helps a lot like us who had no idea that there is a process we can do to get back all unfair charges. I feel relieved that finally after all these years of nightmares and struggles, I can finally start a new beginning and can start my life back. You are an angel sent from above. Thank you so much.
EMX says
Hi Sara I had a loan with buddy loans from 2018/2020
They already sent the final response in 2019 and they thought the loan was acceptable to me as guarentour I didn’t send to FOS Because I didn’t know at the time
This is what they said
not to uphold your complaint as I had one credit card £196.00
I had £980 to pay off my phone
That I wasn’t in financial difficultly at the time
They didn’t do an income and expenditure form properly
This affordability assessment was carried out with you and showed you had a monthly disposable income of £524.40. This included your income, which was verified by an electronic income checker verified by our chosen credit referencing agency, your creditors (which included the new Buddy Loans repayments) and finally your expenses.
I therefore believe Buddy Loans have made a more than reasonable assessment to show that you were not in financial difficulty and were able to keep up with the repayments towards this loan.
You have stated you cannot afford the repayments to the Buddy Loan. At the time of the application you did not make Buddy Loans aware of any future lending you intended to take, therefore the application was based on the information provided and available at the time
But I was as I had to get credit cards and loans to pay it back ?
At the time I changed my jobs and was on a lot less income
I had to get numerous loans and credit cards to pay for this the loan was for £5,000
We paid over £3,500 in interest alone
My partner who is the loan applicant has put in irresponsible lending too
Many thanks
Sara (Debt Camel) says
They already sent the final response in 2019 and they thought the loan was acceptable to me as guarentour I didn’t send to FOS Because I didn’t know at the time
you didn’t know what at the time? Did the BLS response say you had 6 months to go to the ombudsman?
My partner who is the loan applicant has put in irresponsible lending too
did he too make a complaint in 2019?
EMX says
I didn’t know I had to send it within 6 months
So now I complained again about the same complaint and they replied back with last year final response
My partner sent irresponsible lending in July 2020 he will receive final response in September
What do I do as guarentour as I paid majority of payments and there not upholding my complaint
Can I send to FOS or not
I changed jobs and my income was a lot lower they didn’t know this I didn’t tell them they sent threatening emails texts and demanded payment
Many thanks
Sara (Debt Camel) says
I didn’t know I had to send it within 6 months
did their final response to you say you could go to the ombudsman? But you had to do it within 6 months?
EmX says
Yes this is correct but I didn’t go to the FOS within 6 months
Can I do this know even though my partner is putting in irresponsible lending on his behalf as the loan applicant
If his doesn’t get upheld in September we will take that also to FOS
Many thanks
Sara (Debt Camel) says
ok so you can’t argue that you didn’t know you had to go to FOS withing 6 months because the lender had told you that. So you can’t go to FOS now (unless there is some reason your health or something else prevented you from going to FOS within 6 months, but just not realising or forgetting to do it doesn’t count.)
If the borrower did not complain in 2019, then if his recent complaint is rejected he can go to the O budsman. If he wins this complaint, then BL may decide to refund you. If they don’t, then you can put in a new complaint arguing that the loan was unaffordable for the borrower and so the loan should never have been made and you should be refunded. This is differenet from arguing that the loan was unaffordable for you so it is a “new” complaint.
EmX says
Ok so can I complain again then
They sent an email back in July that I’d get a final response in September
But then I emailed for an update today and they came back with the final response from August last year
Sara (Debt Camel) says
To be clear, you can’t repeat your previous complaint.
But if before you argued the loan was unaffordable for you, if the borrower wins their complaint then at that point (but not now) you can put in a complaint saying the loan should never have been given.
EmX says
Ok thank you
Claire says
Loan 4 I have paid 30 payments @ £266
Mark says
Hi
I had a loan with amigo for 3 years including 2 top ups. After complaining they have upheld my complaint. However, my guarantor was my wife, we paid the loan off last September using our savings but as she used her account Amigo have stated they are giving my £7000 redress to her along with a further £1500 to total the payments made by her and reopening the account and I would owe around £1500. As we split in March of this year and are no longer on speaking terms this means I’m worse off than I would be had I not complained, other than 2 monthly payments I paid all payments over the 3 year period from my bank account and she paid 2 monthly payments then settled the loan using her card. Where do I stand with raising this with FOS as it was me that complained and ends up worse off as she gains £8500 when she made no complaint or paid towards the loan, as the loan was for a business we had when married she obviously benefitted from the loan. Thanks in advance.
Sara (Debt Camel) says
Have Amigo upheld all three loans?
How large was the settlement she paid?
Mark Orr says
Yes the upheld all 3.
The redress was £7000
The loan was paid off early in September 2019 using our savings, the payment was £7800, paid on her card. No financial issues at the time just early settlement.
There was 2 months when I was out of work when she paid 2 payments. Financial issues discussed in full with Amigo at the time.
She didnt make a complaint, amigo contacted her and she said she wanted her payment’s refunded.
Therfore the decision is that she receives £8500, £7000 of that is my redress and then they will reopen the loan and ask me to pay back the £1500.
So in essence she benefitted from the loan as we were married, we settled the loan together so therfore I paid it off too yet now she gets £8500 back and I’m £1500 in debt. Obviously as we aren’t civil there is no chance she would give me any of the £8500 she will receive.
Sara (Debt Camel) says
ok, so you should the redress calculated on the earlier loans which will reduce the amount Amigo say you owe, but as she paid such a large dsettlement you may well be worse off than before you complained. I think these sorts of cases should be sent ot the ombudsman – I think there are several there but haven’t yet seen a decision on them.
Mark Orr says
Yeah im submitting my complaint to the FOS today, as we were married the loan wasn’t settled to any financial issue rather just us paying it off. Therefore it will effectively cost me twice as it paid it off from our savings but she gets the entire amount back to which I then owe. I would understand that happening if she as an independent guarantor had paid it off due to me not paying it but thats not the case. She benefitted from the loans, and now gets a lovely 8500 payout. Hardly leaves me compensated for irresponsible lending.
Chris says
Just a quick question in regards to guarantor accepting and leaving borrower with larger balance than when complaint started. How do the FOS perceive this kind of thing? Has anybody ever taken a case to them to say is this really fair? I’m sure you will know the answer Sara
Sara (Debt Camel) says
I think there are quite a few cases waiting to be looked at!
This doesn’t happen in all cases – sometimes the borrower still gets a decent refund. Sometimes the guarantor complained and the borrower had disappeared. Sometimes the borrower and the guarantor get on well and come to an arrangement between themselves they are both happy with.
Chris says
I just cant see how the borrower can be made worse off as a result of having a complaint upheld! In this particular case the borrowers balance is now 3 times as much as guarantor received a hefty redress. It would have been better not to make a complaint. It would be interesting to see what the Ombudsman would have to say about this. Winning a complaint and now in severe hardship.
Sara (Debt Camel) says
I think many of these cases have a very good reason to complain. I am just saying that haven’t seen any of these cases yet have an ombudsman decision, not that I expect you to lose the case.
Arlene says
Hi Sara a just had got an email from amigo there saying that they will upheld all loans but these are all paid off in full it was 1 loan 6 top ups but now there saying that the 6959 my guarantor paid off there giving him bk including capital and 600 pound for 8 percent but what about the other loans will they email me separate they said a have to wait no long than 5 days after the 15th
Sara (Debt Camel) says
If you know the numbers, I can say what the decision is likely to be.
For each loan, I need to know:
– How much you borrowed. If it was a top-up, how much you received in cash, what monthly payments you made (eg 6 lots of £154), what monthly payments your guarantor made (if any), any settlement payment you or your guarantor made.
Here is an example https://debtcamel.co.uk/how-to-complain-guarantor-loan/comment-page-55/#comment-384052 – that is a bit simpler than yours as she made all the payments, none from her guarantor.
Have you paid your guarantor back? Are you on good terms?
Arlene says
The guarantor is my husband the first loan was 750 paid 77.29 for 4 month
Top up to 2500 received 1250 payed 134.17 for 16 months
TOp up again to 2500 received 980 payed 3 months at 169.99
Topped up again to 3750 received 1190 payed 1 month at 182.96
Topped up again 5750 revived 1199 payed 6 months at 245.96
Topped up again 7000 received 1188 on the 3rd jan payed off by guarantor on the March but now there giving Him the 6959 back and said al have to wait 15 working days for figures
Nazia Bibi says
Hi sara i took out a loan with amigos
24/08/2017 repayment was £192
After 5 months they offered me a top up which i took as i was struggling which was
09/01/2018 payment £392
I made a affordability claim in june and ive had a reply that they have upheld my first loan but refused the second loan they have sent me a redtress for £769 the interst for the first loan they are saying that the top up loan was affordable they at the time they didnt ask for any proof of income i have sent my complaint to the fos now but do you think i have a chance and also what do i do with the redress in tje meantime also when i took out the top up after a couple of months i was struggling with the payments but at the moment im on a holiday break with amigos what should i do can you please guide me with this thankyou
Sara (Debt Camel) says
Yes I think you have a chance. If a loan paying £192 a week was unaffordable, why wasn’t the top up where the payments were much larger? Have you sent your bank statements to FOS? If not, do this now.
Your guarantor, can they afford the payments?
Nazia Bibi says
Hi sara i havent sent the bank statements yet snd my gurantor cant make the payments as she is now on maternity leave
How do i send the bank statements to the fos i sent the complaint on thete website and had a confirmation that due to the covid it will take longet than usual
Sara (Debt Camel) says
at the time the loan (the last top-up if there were more than one loan) was taken, could she have afforded it then?
Tell FOS you want to add bank statements to the case when they next get in touch.
Ryan c says
Hi my account went negative this morning. Does anyone know of this means it’s close to a payment into the guarantors bank account? Guarantor accepted redress offer off £10k which has put my account back to a negative loan balance of over £2k. Because my guarantor accepted the offer i am going to use the money that’s being paid to her to paid off my 2k owed. My account went negative this morning. Any ideas?
Dan says
My account balance changed last night and it is showing the refund to the guarantor on it does any one know when the guarantor will receive there payment they accepted there redress 3 weeks ago
Ryan says
My account balance changed too. To a minus figure showing I owe them money after all my loans were cleared. My guarantor accepted the offer of redress which meant I wasn’t owed any cash refund because her refund was a large amount. Still waiting for payment but nothing yet. They are useless on the phone and don’t tell you anything. I have seen comments on this forum that your account balance goes negative and the refund is usually paid the following working day but not sure how this works on guarantors.
Dan says
Thanks I still owe them as well so no refund to me it’s just the guarantor what is waiting for the refund I accepted the redness on Tuesday and they said 20 days for the account to change but it only took 1 day to change the account figures hopefully it will be today they get there refund
Ryan says
Where abouts does it show your refund to the guarantor on your account? Mine just shows that I now owe them money again. I can’t see where it says about the refund. But previous to today when I accessed my account it said all loans were closed as I paid them all off.
Dan says
When I logged in it was on the payment statement it showed on there
L says
That’s so quick. I was a guarantor to my mum and accepted my redress on the 7th July and still waiting for payment. Was told they have 20 working days after mum accepted her offer so they still have till Wednesday apparently. Getting really peeved off now!!
Ryan says
Has your mums amigo account gone negative yet?
L says
It hadn’t changed early this afternoon, it’s still saying she is in arrears although they emailed her saying they would be sorting payment plan with her. But yet are chasing for usual payment amount! They’re an absolute nightmare
Frogman says
Same here, guarantor accepted 9th of July. I did on the 10th of August, they have till Mon or Tuesday for me. I have sent them another email this morning. They are very useless
Alexis says
hi sara
Please could you help with approx wat my redress would be , ive had 2 loans upeld
5th July 2011 5000 payment 17x 197.89
Top up 18th Dec 2012 5000 received 952.19
60x 197.62 paid account now paid in full
Guarantor made 3payments totalling 592.86
Plus 8% simple interest total refund accepted by guarantor 813.94
I’m waiting for my redress calculation but if you could throw some light on wat I should expect to receive id appreciate it thankyou
Sara (Debt Camel) says
I am assuming that these were your only two loans. And that for the last loan you made 57 payments and your guarantor 3.
In that case the interest you paid on the two loans is:
loan 1 £2,397
loan 2 £6,229
So a total of £8,626.
Plus about £2500 in 8% extra interest.
Em says
Hi. My husband put in an affordability complaint to amigo back in February and 27weeks on still havent heard a word back. Everytime he rings and asks about it they always fob him off with lies. Is there anything else he can do. When he emails them they dont even email him back. Getting fed up of waiting now. It’s also with FOS has been since april an nothing off them either. Thank you
Sara (Debt Camel) says
So he has spoken to them and they definitely have his complaint?
Amigo are supposed to be tackling the complaint backlog by the end of October, so I hope you get a response soon!
Em says
Yes he has spoken to them. He also rang them again today to see what’s going on an they have now told him they are going back an forth to fons about a fair redress or something along those lines. It’s just been such a long wait now. We are starting to feel like giving up.
Sara (Debt Camel) says
It can seem a very long while. But what can you gain by “giving up”? Nothing. If you read the comments here, you can see that a lot of people are eventually winning their cases, so if you know the loan was unaffordable, just stick it out!
Em says
Thank you Sara. Yes it was definitely unaffordable.
DM84 says
Hi All,
An adjudicator has upheld my Amigo loan that was over the 6 years rule (about 7 years).
They have given Amigo till the 27th to respond and I have been told they haven’t as of today.
Anyone have a time frame from experience they can share please? Are they likely to drag it out?
Thanks
Simon says
You can chase Amigo up and ask them if they have received the info from the FOS. I found it best to keep chasing as both sides tend to leave it. I think it depends on who deals with the complaint if I’m honest.
In my opinion the whole process has been badly handled from both sides. Amigo appear to try and push to the limits on timescales.
One thing not to do is let it worry you. The whole process is enough to drive you insane!
Good luck and hopefully they will act quickly
DM84 says
Thanks for the reply.
It was the 27th of August they were given to respond so I’ll try and give them a nudge.
Alexis says
thanks Sara , I had my first loan of 3000 which was refuted as said was affordable, but yes I paid 57 payments and my guarantor paid 3 …thankyou so much for your help
Sara (Debt Camel) says
ok then you need to look out for a line in your Amigo calculations which says “unpaid interest” – they seem to be doing this with most people where they haven’t upheld all the loans if a not upheld loan was topped-up by an upheld loan. By some very dubious logic, amigo are arguing that the not upheld loan was never settled so you owe interest on it. If they have done this, they should allow you to accept the settlement and send the complaint about the unpaid interest deduction to the ombudsman.
Emily says
Hi Sara received my redress figures of 2.585.00 but was only paid £2096.00 I did owe a months £148.00 but when I agreed to the £2,58500 isn’t that the figure that they should pay out ?? Don’t want to sound un grateful and I’m lucky I did get paid out but why should they not pay what they said let’s just say they hounded me for years and if it was the other way round they would be wanting it sorted thanks for this site and so glad amigo are suffering now x
Sara (Debt Camel) says
I don’t know, you should phone them up and ask, that is a lot of money to be short.
C says
How long after accepting a redress offer from Amigo is the guarantor released? My husband has accepted a redress offer today. His next loan payment would be due on 17th Sept so potentially before he gets his refund. The person at Amigo said he should still make that payment as they may go after his guarantor??? I said they would have to redo all the calculations surely and that would start the procedure of waiting all over again but she couldn’t answer me. In his final response it says the guarantor’s liability has been removed but the Amigo adviser said the guarantor has not been emailed yet? Very confusing
Samantha says
TFS have just refused my complaint. They said that they didn’t need proof of income and expenditure as that’s not a necessity when going through the application. They also stated that I chose not to send them any supporting evidence even though I sent several bank statements to them which I still have on my emails. Is it worth contacting them again or should I go straight to the FOS?
Sara (Debt Camel) says
I think it’s worth going back and pointing out you sent them your bank statements on dd/mm/yy. Say they have a week to reconsider or your complaint goes to FOS.
Samantha says
Fab il try that. Thanks Sara
Dan says
My guarantors redress has just gone into there bank account
frogman says
Thanks for the update Dan. I think it comes in the day after figures change on the app. Are you due a refund too? I am now so addicted to the Amigo App that I have refreshed it at least 800 times today, and this isn’t me exaggerating :) hopefully, I’ll get a life after they pay up
Dan says
No I’m not due a refund but least now I can pay what I can afford and don’t have to worry about interest been added hope u get yours soon
Arlene says
Hi dan how long did they wait for it my guarantor had accepted in the 25th and then they sent another email today re asking for them xx
Dan says
My guarantor accepted on the 10th I emailed them Tuesday this week for my redress figures and they sent them and I accepted and they paid my guarantor on Thursday
Arlene says
Let’s hope I receive mine soon they keeping fobbing off they sent my guarantor on the 25th then said I should get mine no later than 5 working days after the 15th makes no sense.
Megan says
Hi Sara, I have received my final response from Amigo, they have upheld 2 of the 4 of my loans. Which would be a refund of £541 that they would take off the final balance. Apparently I could afford the last 2 loans so they won’t uphold them which is what I can’t afford now. I don’t know what to do. Do I have a chance to fight it if I take it to the ombudsman?
Sara (Debt Camel) says
Do you think the last two loans were affordable? If not, definitely send this to the Ombudsman.
Your guarantor, what are their finances like.
Megan says
For a period of time they would of been whilst I was working my new job but I’m now on universal credit with a baby struggling. My guarantors are fine but not in the position to allow my guarantor to pay. They have said they’ve taken my guarantor off the agreements but not sure if they mean all? I just want a lower monthly payment that’s all I want. £286 is too much and they will not reduce it for me😭
Sara (Debt Camel) says
Have Amigo told your guarantor they have been released from the current loan?
Megan says
Not yet they only emailed me at 16:45. Unless they contact her tomorrow. It was in the email they have put ..’ In addition, we have now removed your guarantor’s liability for the loan agreements.’
Sara (Debt Camel) says
ok, well if they have removed your guarantor’s liability, then you can offer a much lower payment and your guarantor will not be affected.
Megan says
So will I still reject their redress? And take it to FOS?
Sara (Debt Camel) says
Yes this is definitely worth trying. That may get the loan wiped or even cash back.
Megan says
It seems like they have a valid point but I will give it a go and hope for the best 🤞🏼 Thankyou for your help
Laura S says
Hi Sara
I complained to Amigo and they upheld 2 out of 4 loans (the 2nd and 3rd were upheld). I rejected the offer as I didn’t understand how they could say the 3rd loan was unaffordable but the 4th (with higher monthly payments) was affordable. I raised a complaint with the FOS andcI emailed Amigocto say I rejected the offer on 25th July which Amigo acknowledged and dais they would await contact from FOS.I just looked online at my amigo account and they have reduced the amount outstanding on the current loan by the amount of redress they said I was entitled to. They also added the unpaid interest amount that was in their response. I’m confused as to why they have reduced the balance when I rejected the offer
Sara (Debt Camel) says
I didn’t understand how they could say the 3rd loan was unaffordable but the 4th (with higher monthly payments) was affordable
Unless you had had a big payrise, that looks like a very odd decision by Amigo.
I’m confused as to why they have reduced the balance when I rejected the offer
As they have offered that, it is incredibly unlikely that the Ombudsman would say you should get less than that. This just doesn’t happen. So Amigo may think they may as well apply the offered refund now and if FOS say you should get more, then they will comply with that.
Can you manage the payments at the moment?
Laura S says
They’ve extended the “breathing space” by a 4th month but said I’d start accruing interest again now. As the balance has reduced by half I’m hoping I can make reduced payment as was paying nearly £350 a month.
Sara (Debt Camel) says
Are youR finances still affected by Coronavirus?
Laura Sparke says
Not at the moment as have gone back to work as normal and so has my husband.
Sandra says
Hi Sara is it total redress payment what you receive or cash refund in the figures they send you if it’s upheld I’m confused as i don’t know if they are giving me money back or actually nothing, thanks.
they haven’t upheld the first two loans but have upheld the last three loans out of the five I’ve had,
these are the figures they have sent me:
total interest £4,653.24,
simple interest after tax deduction £0.00,
20% basic rate tax deduction on 8% simple interest £0.00,
fee and charges £0.00,
unpaid interest in non upheld loan £798.49,
total redress payable £3,853.46,
current loan balance £5137.46 less redress £1,283.71,
Sara (Debt Camel) says
OK so they have calcuated the redress at 4653. That is the interest you have paid on the last three loans.
But they are taking off £798 for “unpaid interest” on the earlier loans. This is a new deduction Amigo are hitting people with and it seems very unfair as those earlier loans are settled!
And you still have a balance of 5137 so they are using all the redress to pay off some of that.
So you won’t get any cash but your balance is being reduced to
5137 – 4653 + 789 = £1,283.71,
As the last loan is upheld, they will release your guarantor and you can make an arrangement ot pay the balance in lower more affordable amounts.
But you should definitely take a complaint to the ombudsman about the “unpaid interest” deduction. And you can also tell the ombudsman if you think the first two loans were also unaffordable.
Sandra says
Hi Sara that’s great thanks so do I ring amigo and say i reject their offer or what would I say? And also what way would I word the letter to the ombudsman as I’m abit clueless when it comes to this sort of stuff , many thanks for your help on this forum it’s greatly appreciated more than you’ll know.
Sara (Debt Camel) says
Do you agree the first two loans were affordable so you only want to object to the deduction for unpaid interest? Or do you also want to complain the first two loans were unaffordable?
Sandra says
No none of them were affordable at all, they are saying I still have abit to pay so if I reject there offer how does that work out sorry for all the questions thanks Sara
Sara (Debt Camel) says
Tell Amigo you don’t think they should have deducted money for “unpaid interest” and you think the first two loans were also unaffordable so you are sening a complaint to FOS.
Send FOS your complaint uing their online form https://www.financial-ombudsman.org.uk/contact-us/complain-online as that asks all the little things FOS needs to set up your case (eg date of birth, how would you like to be contacted etc).
The form asks what you are complaining about. Say you send Amigo an affordability complaint about your 5 loans but they have only upheld the last three. Say you think this is wrong for two reasons. 1) they have deducted £798 for “unpaid interest” which you think is unfair because the early loans were settled. 2) the first two loans were also unaffordable. Add a couple of senstences about why you think the first two loans were unaffordable.
sandra says
That’s great thank you so much Sara all your help is greatly appreciated, so Do I ring amigo or just email them and I say I reject there decision and I have sent it to the ombudsman.
Sara (Debt Camel) says
Email is fine. They aren’t likely to change their minds, so no need to phone them and demand an answer.
Robbie says
Hi Sara. I have had my complaint upheld with Glo who are part of provident and I have worked out I paid £3,250 in interest. Can you tell me roughly how much I would get with the 8% added on. Thank you
Sara (Debt Camel) says
Thus loan has ended? When? What were your monthly payments?
Robbie says
It was due to end next month. I’ve paid 40 payments . Monthly payment of £216 but made 9 payments of £280 and 3 payments of £250 due to arrears,
Robbie says
The exact payments are:
£216 x 16
£236 x 11
£280 x9
Also the loan was £5000 over 48 months.
I had a payment break during Covid of 3 months and the reason some payments are higher was to pay back some months I missed. Thank you
Sara (Debt Camel) says
Those payments add up to £8572.
So you have paid 8572-5000 = £3572 in interest and charges which should be refunded.
It’s hard to estimate the 8% interest as it depends when you made the payments but it should be at least £175.