Have you had a catalogue, credit card or store card where your credit limit was too high? So high that the monthly repayments were hard to manage and you got into more debt?
Many people were originally given an OK limit, but the lender kept increasing them.
You may have a good complaint that the lender was irresponsible in allowing you to borrow so much that the debt was unaffordable.
This article explains how to complain and ask for a refund of the interest you paid
Contents
What is “affordability”?
The following is my summary of the regulator’s rules:
- a lender must check if credit is affordable when you apply for it. A mortgage lender will ask for bank statements, but a catalogue offering a £200 credit limit doesn’t have to go into so much detail;
- a lender should also make new checks when deciding to increase a credit limit;
- credit isn’t affordable if paying it leaves you short of money for your bills,everyday expenses, and your other debts;
- if you have to borrow more most months, this would not be affordable. This could be borrowing on the same account – making a credit card repayment but then using the credit card to pay for food so the balance never drops is “borrowing more”;
- you have to be able to repay the balance within a reasonable period of time. Paying the minimum amount is OK for a short while, but not for a prolonged period.
How to complain
Good reasons to complain
If the lender could see any of these on your credit record, they should probably have declined your original application:
- recent credit record problems: defaults, missed payments, or arrangements to pay, mortgage arrears, payday loans;
- you already had a different credit card with the same lender where you were only making minimum payments and were using it for essentials like food and petrol. If you were given two credit or catalogue accounts by the same lender, often the second one should never have been given.
- other credit cards where you were near your limit and persistent overdraft usage. Here is an Ombudsman decision saying Zopa should not have given quite a low initial limit in this situation;
- a level of borrowing that looks too high in relation to your income.
Your credit limit should not later have been increased unless you could afford it. In addition to the points above, the following should have also warned the lender you were in difficulty already:
- making minimum payments for a long while;
- using a lot of your limit for a long period;
- a lot of gambling showing on the account statement;
- recent missed payments or an arrangement to pay on this account;
- your overall level of debt on your credit record has gone up a lot.
You don’t need all the details to complain
When your lender increased your credit limit, you don’t need the exact date. If all you can say is “you increased my credit limit several times” that is fine. You don’t need to ask for copies of all your statements – you would get a ton of paper!
But getting your credit record can help. You can’t go back and see exactly what your credit score was in say 2018, but take a copy of your current credit record as soon as you complain (get your free TransUnion statutory credit report). That will show what the pre-2018 problems were that the lender should have spotted.
Template to complain & the email address to use
The best way to complain is by email. It’s free, instant and you have a record of what you sent and when. Here is a list of credit card and catalogue email addresses to use.
In the suggestions below, I’ve invented some examples for the bits in italics in brackets. Change/delete these to tell your story.
I want to complain about irresponsible lending by you for my Barclaycard account number 987654/444. My date of birth is dd/mm/yy. The email address I used for this account was myaddress@whatever.com.
Then say they should never have given you the account:
You should never have allowed me to open an account with such a large credit limit. When I applied in 2015, you should have checked my credit record and you would have seen I had recent missed payments to a credit card and a default only two months before on a loan.
Or say that they should not have increased your credit limit:
You should never have increased my credit limit in 2015. At that time I had only made minimum payments on this credit card for a long while and/or I was using a very high level of my credit limit.
If you had properly checked my credit record before increasing my limit, you would have seen that in the two years since my account with you was opened, I had got additional late payment markers and defaults and/or taken out a lot of other credit. This should have warned you I was struggling with my finances and it was not responsible to lend me more. By increasing my credit limit you made my financial position worse. Instead you should have offered me forbearance by freezing the interest on the card.
I do not know the exact months of these credit limit increases. In your reply to this complaint, please tell me the dates and amounts.
If the lender should already have known you had problems with your account, mention these
You should also have realised that I was having difficulty because:
of the late payment charges you added to my account
of the gambling transactions showing on my card statement
I had missed two payments to you the year before in 2017
I had already asked you on the phone if it was possible to stop adding interest for a while.
End with asking for a refund:
I would like you to refund me all the interest I paid and any late payment charges from the point the account was opened
OR
I would like you to refund me all the interest I paid and any late payment charges after you increased my credit limit in 2018.
I would also like any late payment and default markers to be removed from credit records after this point.
I understand that if I take this complaint to the Financial Ombudsman, 8% simple interest is usually added to a cash refund.
Points to think about
Timing
These complaints can be made if your account is still open, or if it is closed and settled, or if it is with a debt collector (NB the complaint goes to the original lender, not the debt collector.)
You can complain if you already have a CCJ for the debt. Add a sentence to the template saying you want the CCJ removed as part of the settlement of your complaint.
If you have had an IVA or bankruptcy after these problems, or if you are still in a DRO, then ask in the comments below, as this can be complicated.
Old accounts
The Financial Ombudsman (FOS) can only go back to April 2007, when the law changed to allow these complaints.
Many lenders will reject complaints about something that was more than 6 years ago and say the ombudsman won’t look at them. But FOS will often look at old problems if you have only found out in the last three years that you can make the complaint.
If your account was opened in 2015 but the lender increased your limit in 2018 and 2019, then the two limit increases are within the last 6 years and can definitely be looked at.
However, complaints about things that happened more than 6 years ago may be hard for you to produce much evidence for. But if you feel you have a strong older case and you have some evidence, then take it to the Ombudsman and let them decide!
An alternative approach for old accounts
If your account was opened a long while ago and you defaulted and still owe a balance, perhaps in a DMP, think about asking the debt collector to produce the Consumer Credit Act agreement for the account.
If the current creditor can’t produce a proper copy of the agreement, the debt cannot be enforced in court and you can simply stop paying anything to it. This applies to all credit cards, store cards and catalogues.
It may be that the balance on the account is larger than any refund you might get. In which case if the CCA agreement cannot be produced, you would be better off.
Is a refund what you really need?
This depends how large your current financial problems are.
Complaining about newish debt will often only get the interest removed – you still have to repay what you borrowed. Don’t spend months arguing with lenders and going to the ombudsman if you will still be in a mess even if you win.
So phone National Debtline on 0808 808 4000, tell them you are thinking about affordability complaints but you would like to know what your other debt options are.
Poor reasons to complain
You can’t complain just because the interest rate was high or because you have paid them a fortune over the years.
A poor credit score on its own isn’t a reason why you shouldn’t have been given an account. But if your credit score was poor because you were having a lot of problems with your existing debt, the account should have been refused.
You won’t win an affordability complaint if something unexpected went wrong later in your life. If you had been managing a credit card fine for years but then you lost your job or separated from your partner and you defaulted, this isn’t the lender’s fault.
Don’t be put off by a rejection or a poor offer
Lenders often reject good cases
If a lender rejects your complaint or offers a low “goodwill” gesture, don’t be fobbed off – they want you to give up.
In particular, if the lender says you had made all the payments to them on time so they had no reason to think you had problems, you can ignore this. Or if the lender dismisses your complaint as the account was opened over 6 years ago.
When you have a Final Response from the lender – or after 8 weeks if you haven’t had a Final Response – send your complaint to the Financial Ombudsman Service (FOS). Don’t delay doing this!
Is a “partial uphold” good enough?
If the lender says they should not have increased your credit limit in June 2018 when your limit was increased and they will give you a refund of interest for balances over the previous limit, that may sound good. It is sometimes called a partial uphold or a partial refund or proportionate interest.
But often the amount of money refunded in this situation is a lot less than you might expect. So tell the lender you want to consider their offer but need to know how large the refund will be.
Often you were already in a difficult financial situation at that point, with cards close to maxed out, being used for everyday essentials and only paying the minimums. At that point the lender should have stepped in and offered to help you by freezing all interest. That is why a partial refund is often not good enough, you should have all the interest refunded from that point.
How to send a case to FOS
Send FOS a complaint using their online form. You can use bits of what you put in your complaint to the lender. If the lender has rejected your complaint or given a poor offer, say why you think this wrong.
The FOS form at the end asks you to add supporting documents. Don’t worry if you don’t have A copy of your credit or finance agreement – lots of people don’t and the lender will supply a copy to FOS if FOS asks for it. Don’t delay sending a complaint to FOS while you try to get this from the lender.
If your credit record shows that you had other debt problems, send FOS a copy of it. If you have kept some, send the oldest one you have, otherwise send the current one. Also get your bank statements if they will support your complaint and send those to FOS too.
FOS is a friendly service but not fast. Just use normal English, not legal terms. Using a claims company or a solicitor doesn’t help or speed this up.
Ask questions below!
There are hundreds of comments from readers who are using this template. It’s a good place to see how these complaints often go and to ask any questions.
FAQs about Affordability claims
Can you get an overdraft refund?
Could a Debt Relief order help you?
Suecanwin says
Thank you for the link. I will call them asap and will let you know what they say.
James says
Hi all,
I currently have four credit card, all of them maxed due to gambling.
Limits are £1200, £900, £100 and £500. Cards are with Barclays, Aqua and two with Capital, all have a high interest.
All the limits have remained the same, but my credit history is rated as being very poor. I have missed payments, and always repaying the minimum
Would I have a case to claim back charges & interest as I feel I never should have been given to chance to obtain these cards in the first place?
Sara (Debt Camel) says
It is going to be hard to prove they should have realised you could not afford the minimum payment on a card, especially the ones with a low limit. Realistically you may do better to set up a debt management plan for all your debts and get the interest frozen from now. Contact Stepchange to discuss this: https://www.stepchange.org/
Suecanwin says
Hi there
I have spoken with them. They have said in the first instance to contact the individual lenders to see their response. Depending on the creditors investigations and response if I am not happy I could then go to the ombudsman to complain about the actual investigations that have been undertaken. I asked if I would not be covered due to the April 2007 ruling … they said that is not necessarily the case and that a lot of different things are looked at. They said age is not specifically an issue. Its much more to do with affordability. However they did quantify that very rarely is anything looked at before 2007.
Ive also decided to contact the charities for elderly to see if they any offer any help.
CarrieN says
Hi Sara
I had a very catalogue that was passed to dca last year. I was constantly struggling to meet the minimum payments every month yet they still increased my limit over the years until it got to £3.5k. I was really ill and ended up defaulting. I’ve contacted them and complained about irresponsible lending and they have sent me a letter saying that they can’t look at the complaint as the account is with debt collectors now and that I should refer it to the ombudsman. I found this a bit strange. What do you think about it?
Sara (Debt Camel) says
Strange indeed. But there is no point in arguing with them about this. Send it to the Ombudsman and add to your complaint that you don’t think Very have handled your complaint properly as they haven’t given you any reasons for refusing it.
Carrie says
Hi Sara
Just an update my complaint against very has been picked up by an adjudicator now so how long do you think I will have to wait for a final decision on this? Thanks
Zoe says
In 2014/2015 my Very payments reached over £1000 a month. I got my self into an awful mess with debt to cover these payments. Until finally I couldn’t pay anymore and my debt was sold to Lowell which I have been paying off with them since.
Very account was opened in 2012, my littlewoods one was about 2008.
Complaint made last year for irresponsible lending. Turned down by Very and the adjudicator but upheld by ombudsman.
Payment of £666 with £72 incharges plus £100 for duplicating the 2015 default onto my record again March 2018. I chased the payment today to be told it will be sent to Lowell. Is this correct? Can they do this?
I do not understand why they would pass on the money if they have sold the debt.
Also why wouldn’t the ombudsman explain this, they have stated the payment would be sent to me within 28 days.
Especially as part of the payment was for a recent issue not connected to the debt they sold.
Nothing is showing on my Lowell account either
Sara (Debt Camel) says
This is what normally happens eg with PPI and payday loan refunds when there is a “right of set off”- they owe you money for the refund but you owe them a balance on the account (which may have been sold to a debt collector).
The Ombudsman should have explained this to you.
BUT you actually have a reasonable argument that the £100 was for poor complaint handling and not related to the size of your balance owed, so you could ask very to send that to you?
A debt collector will often have a lot of problems producing the CCA agreement for an old debt. Read https://debtcamel.co.uk/ask-cca-agreement-for-debt/. This is more likely to work for the Littlewoods account, but it is possible it may with the Very one. Up to you if you think that is worth a try.
Zoe says
Thank you so much.
Maybe it is worth a try.
I will definitely be asking for the £100 as it isn’t related. I’m very annoyed the adjudicator has mislead me as they have clearly stated in their communications payment will be raised and issued to me within 28 days.
But thank you so much for taking the time to reply to me.
Zoe says
Just a quick update on this one.
I logged into my Lowell account today and my entire balance of £4,900 has been paid by Shop Direct.
The amount the ombudsman advised would be paid to me is around £900 as mentioned previously and they had not been made aware that any payment would be made to Lowell.
So I’m a little confused now. Have Shop Direct bought the old debt back and I now owe them? Or have they actually settled the debt, maybe the payment they had agreed was a lot higher and the £900 was the remainder?
Neither myself the adjudicator or Lowell know what Shop Direct are doing. Is this normal? I don’t know if I should be pleased or worried. I am hoping pleased. Have you seen this sort of thing before?
Sara (Debt Camel) says
My guess (and that is all it is) is that SD have bought back the debt from Lowell. You will have to wait and see how much they say you owe them!
Zoe says
Thank you.
Yes it will be interesting as it would appear they settled at a reduced amount.
But incredibly frustrating that they are not notifying anyone involved of their intentions. My adjudicator said this week had said they were under the impression I was recieving a payment and aren’t able to get any further information from them they just aren’t responding
Zoe says
Finally spoke to my adjudicator who ran this by the ombudsman. They said they were aware SD were going to retrieve the debt from Lowell and were no longer going to pursue this debt with me. Both adjudicator and ombudsman believed and subsequently advised me the interest and charges agreed by SD would come to me.
They said if it were to be offset then both parties needed to agree. However if I didn’t agree the ombudsman is likely to agree with SD with offsetting the debt. But in this case no discussions of offsetting had been made so they believed payment would come to me. On Monday they asked SD to call me just to confirm exactly what they are doing.
I heard nothing by Friday (today) so spent over an hour trying to find someone at SD to help me. Their final response was, they are sure they proposed offsetting to the ombudsman. But if not it’s what they always do do the adjudicator should have known this. The debt will go back to Lowell but they won’t pursue it so I can pay what i want when I want if I want to. Which makes no sense.
I am confused and do not get how I can be told I’ll recieve a payment when there was never any intention of it coming to me. I also don’t really understand what they mean by not pursuing?
Sara (Debt Camel) says
it’s not clear to me what will happen now or if you have any options. This is so tangled I want to make several points:
1) SD are correct that refunds are normally offset. And FOS have confirmed saying if you want them to look at it again they will probably agree there should be an offset.
2) I can’t tell (and possibly no one can!) if the mistake was by FOS or SD or a bit of both when you were told you would get a refund coming to you. It doesn’t sound as though your FOS decision said anything about the existing debt – were you expecting to get the refund and for the balance to be wiped or the balance to remain?
3) realistically if the £4500 debt with Lowell is wiped, that is a good result for you, is it not? or if it is called back to SD and then wiped?
4) what are SD saying will happen now? Here are some possibilities, you need to be very clear what they are offering and whether you have any choice in the matter:
a) the 4500 stays with them and is reduced by the refund
b) the 4500 stays with them and is wiped
c) the 4500 is sent back to Lowell and you get a refund
d) the 4500 is reduced so you dont get a refund and is sent back to Lowell?
If the debt is sent back to lowell, then you have the option of asking Lowell to produce the CC agreement for the debt – which they may or may not be able to do.
Lucy says
Hi
I was just wondering how long it takes after the Ombudsman makes a provisional decision?
I first submitted my complaints about catalogue lending in at the beginning of 2017, and the adjudicator upheld my complaints a couple of months later. I then didn’t really hear anything more until December 2018, as they never replied to emails and very rarely answered the phone. In December 2017 I was told the company had rejected the adjudicators decision, so it went to the Ombudsman. In April 2018 I was told it had been assigned to an Ombudsman and I should have a decision soon, but I again ended up struggling to get hold of them for months, and was always given different information on whether or not it was actually with the Ombudsman or still waiting to be looked at. I finally had a provisional decision in January 2019. We’ve now passed the time where I or the company could have added anything more, but I haven’t had any kind of update, and was just told that they didn’t know when the Ombudsman would be able to look at it, so they couldn’t say when they would make a final decision.
I had assumed that once this time had passed I would have a final decision reasonably quickly, but it’s already been a month and i’ve heard nothing more. Does it usually take this long? When I finally heard from the Ombudsman I had been so relieved that it would all finally be over, but now it seems like i’m still in for more waiting.
Thanks
Sara (Debt Camel) says
How far past the time are you for responding to the provisional decision? have you asked if the company has responded?
Lucy says
It’s been a month since the deadline. I emailed to check if the company had added anything and to ask how much longer it might be, and they’ve said they’ve said the company didn’t add anything, but that they still couldn’t say how long it would take to send the final decision.
Thanks
Lucy says
Hi
It’s now been seven weeks and I haven’t heard anything more from the Ombudsman, even though the company didn’t have anything to add. If there’s no new information and the provisional decision had already been made, do you know what could be taking this long? Is the decision likely to change at this point?
I’ve tried to ask them how much longer it might take, but they just say they can’t give a timescale or say whether or not the Ombudsman has looked at it yet.
Thanks
CarrieN says
Hi Sara
My debt with SD is now with Lowell. I was going to ask them for my CCA. Am I right in thinking if they can’t produce this then I will not have to pay the debt?i currently have a complaint with the FOS in regards to Very irresponsibly lending, so I’m not sure what to do. What would your advice be? Thanks in advance.
Laura says
Hello,
I feel like I have a never ending story with Shop Direct. They didn’t reply to my irresponsible lending complaint. I gave them a extra two weeks and nothing. Three weeks ago after rereading this site I asked for a copy of my credit agreement. Never received a reply. In total I have contacted them on 16 occasions and had 3 replies. It took from Oct 18 until last week to tell me about a website they have for people unable to make full repayments etc. They are honestly horrible. My question is since they are totally ignoring me should I continue to make full payments. I’ve asked for a replacement plan ang they blanket refused. £100 a month. Not sure what to do next
Sara (Debt Camel) says
Have you sent the irresponsible lending complaint to FOS?
Asking for a CCA agreement from them isn’t likely to work unless you have had the account opened a VERY long time – that only usually works when your debt has been sold to a debt purchaser, not when it is still with the original lender.
Can you afford the full repayments? Do you have other debts as well?
Laura says
Hi Sara,
I’ve literally sent it last week to FOSas I got final response after 11 weeks . In that response it says due to passage of time they have limited data pre Jan 2018, not sure what that ment. I thought they had sold the debt Because details of a arrears support website suddenly despite begging for help last 5 months but I think they are still handling it?I can’t afford the full repayments only half ~£125 but no other debts .this is the last debt to deal with and then will never let myself get into thid ever again, lesson learnt.
CarrieN says
Hi
Has anyone had an irresponsible lending complaint upheld from Vanquis without it being escalated to the fos? I’ve currently got a complaint in with them and they have 15 days to reply. Thanks in advance
Katie says
They didn’t even reply to my complaint so I sent to FOS and it was upheld in my favour by the adjudicator. Good Luck with yours.
CarrieN says
Ok will wait and see thanks
Georgia says
Hi Sara can’t find my origional comment on Lowell just to briefly remind you I had accounts from morses dollar financial and shop direct with them which I was paying. I asked Lowell for the cca and they said they could look into the affordability complaint with the lenders but I advised them not to as I wanted to go direct as Lowell diddnt lend to me at that time. Anyway I asked them to keep my payments going until I got the cca from then this was 2 weeks ago today I recieved an email from Lowell saying I had raised a complaint with them and they are stopping my payments! I have emailed then back to ask why and if it will affect my credit file. I explained again that all I wanted from them was the cca and was happy to keep paying until I recieved them so I wasn’t sure why they had done this. I also made it clear again that my dispute wasn’t with Lowell. What should I do now?!
Thanks
Sara (Debt Camel) says
Here is the other thread https://debtcamel.co.uk/ask-cca-agreement-for-debt/comment-page-1/#comment-290918 I said then I was moving it to to an article on CCA agreement as it was long and had little to do with affordability complaints.
As I said there, these accounts are so old you are very unlikely to win affordability complaints against the original lenders.
Your debts with lowell have already defaulted you said. Nothing can make them any worse so no need to worry about that.
You said “I emailed Lowell saying I want the interest to be written off as the balance has now been paid.” – Lowell will have probably taken that as a complaint.
Diana says
Hi, I have a credit card debt from MBNA opened in mid 90’s sold to Debt collector March 07. The debt was due to spending by additional cardholder, they entered into a payment plan and paid debt collector for 10 years before stopping. I found out about this last year! I have requested CCA which they have supplied and they have sent a printout of all the transactions/fees etc. What chances do I have of claiming back interest charges from MBNA, they were charging approx 300+ per month, comprising of other interest 310, retail interest 1, NSF fees 12, late payment fees 12, this was across approx 3 years. I really would appreciate some advise. I’m not working and cannot pay them,
Thanks in advance
Sara (Debt Camel) says
You have no chance of making an affordability claim for charges before 2007, sorry.
Are you saying you asked the debt collector (who is it?) for the CCA agreement and they produced it?
Diana says
Hi Sara, thanks for reply. It was supplied by Arrow it took them a few months to get hold of, it has the t & c are on the back. I was considering contacting a solicitor who specialised in consumer credit laws for them to take a look at the agreement and advise me on my options. Also is it possible to claim back any of the charges.
Sara (Debt Camel) says
Well I am very surprised… I suggest you post about this on this forum https://legalbeagles.info/forums/forum/money-debt/consumer-credit-act. There are some experts there and you can also post a copy of what you have received (black out your name and address) so someone can have a look at it.
Ann says
Hi there I think I may have a case against aqua who increased my credit limit from £300 to £2500 in less than 2 years. From the first increase I was close to my limit and making minimum payments. My account is still open and I am paying minimum payment plus the recommended extra they now apply. Do I still have a complaint? If I do and I was to win what would happen with my account? Would they lower my limit etc? Thanks!!!
Sara (Debt Camel) says
How long ago were these increases? How unaffordable are the current minimum plus extra payments?
Ann says
In the past few years. I am managing to pay them but I don’t think my limit should have been increased. If aqua agree will it affect my account?
Shammi Akthar says
Hi Sara
I was before overdraft with Halifax about 8 years £2000 pound I open account with Halifax 2011 then they give me overdraft £300 after 1 months they straight away increases £2000 then after 2,3 months they closed my account without any reason and then they send the account debt collection they charge me £3000 last month I finish this payment can I have any change to refunds back if I can tell me how
Callyxo says
Hi Sara, the advice you offer is fantastic and you’re a wonderful person for helping so many.
My query relates to VERY and my mum. She has an account with them and always assumed that she was putting her items on ‘buy now pay later’ I decided recently to check over her account and although she has placed some on these plans. There have been several orders over the last 4 years that have not been put on. Currently she has around £1700 on the account and roughly the same on the buy now pay later plans (these aren’t a problem per se atm).
My mum is a carer for my disabled sister, she works part time but relies heavily on benefits. Very have increased her credit limit several times over the years, from £500 to £4500 currently and never once informed her. My mum has other debts and her credit score isn’t great (defaults and late payments here and there and maxing out two overdrafts). However she was making JUST the minimum payments and has been for years believing that what they was demanding she paid was expiring buy now pay later plans. I imagine this has amounted to a small fortune especially with in relation to how little was paid towards the orders.
Do you think we have a case here?
I contacted them today on her behalf and they have agreed to freeze the interest but said to phone back tomorrow regarding having the interest refunded.
Sara (Debt Camel) says
You have mentioned several problems. Let’s list them, because unless very come back with a good offer tomorrow, you are probably going to need to put this in writing for your mum and may well need to send the case to the Financial Ombudsman.
1) your mum thought she was buying things on Buy new Pay later (BNPL) but you don’t think some of them were, so she was charged interest she wasn’t expecting. This is going to be quite hard to win because her statements should have said this – I guess she didn’t read them?
2) she thought that by making the minimum payments this mean she wouldn’t pay interest on the BNPL. That is wrong I am afraid, but she may well have been confused by the monthly statements they sent which didn’t make this clear.
3) she wasn’t informed about credit limit increases. That seems unlikely – I haven’t heard of anyone having this problem.
4) her strongest complaint is probably that they increased her credit limit to an unaffordable level given her low income and the fact she only made minimum payments to the debts.
Can you say some more about her situation – do you know how much her other debts add up to? Does she have any priority debts, rent arrears, council tax, utility bills? Does she have any other expensive debt eg Provident? Is she renting privately or council/housing association?
MM says
Had a half decent result from Capital One who refunded refunded the interest and charges (including the 8% statutory interest) from when my credit limit was increased from £200 to £800 in October 2017. So had a refund of £274.40.
Sara (Debt Camel) says
That sounds like a good result – why only “half decent”?
MM says
Oh I should have said it’s better than ‘half decent’, especially as it’s difficult to get refunds from credit card companies. My original complaint had been looking to get refund from when I applied for the credit card, but I’m happy with the refund.
Sara (Debt Camel) says
good!
Bill says
I have recently been told by ombudsman that affordability complaints for shop direct are on hold! Any ideas?
Sara (Debt Camel) says
Not heard this. Did you ask why?
Bill says
Apparently it has come from seniors in the ombudsman while they talk to business? Seems a bit strange
Carrie says
Hi
Has anyone had any luck getting a refund of interest back from Vanquis without it having to go to the fos? I’m currently waiting for a final response which they have said they will issue tomorrow. If it does go to the fos how long till it gets picked up by an adjudicator? Thanks
Susie says
Hi I was just wondering if you had any luck? I just sent off my complaint so will see what happens.
Thanks
Carrie says
Hi susie
They didn’t uphold my complaint I didn’t think they would to be honest so I’ve sent it to the fos.
Susie says
Ok please let me know the outcome as I have sent Vanquis a complaint too. Thank you
Stephanie says
Hello,
My complaint against Barclaycard is with adjudicator but tonight found out after being hounded all day the debt has been sold to Cabot? Quite surprised given Barclaycard said I was classed as a vulnerable customer. Can this happen when they know you have taken case to FOS? Should I engage with Cabot?
Sara (Debt Camel) says
Do you mind saying why Barclaycard classed you as a vulnerable customer? And what is your complaint about?
Stephanie says
They made mention of it in my final response letter and directed me to a email address that didn’t exist. I was in a car crash and broke my back last year and haven’t been able to return to work which I explained in my letter. It’s only been since December that I can’t meet the payments. It was for unaffordable lending. TIA
Sara (Debt Camel) says
You could write/email Barclays and say you want to complain that they have sold your debt to Cabot even though they were aware that you had a dispute about the debt in an open complaint at FOS and that they had classified you as a vulnerable customer because of your health problems. Attach the final response from them which proves that.
Point out that Barclays subscribes to the Standards of Lending Practice https://www.lendingstandardsboard.org.uk/wp-content/uploads/2017/12/Standards-of-Lending-Practice-Personal-7-Dec.pdf which says:
“12. b.If a customer has provided appropriate and relevant evidence of an ongoing mental health or critical illness that affects the customer’s ability to repay their debts, the debt(s) should not be sold.”
Say you have been upset and distressed by the contacts from Cabot which don’t seem to take any account of your health problems.
Ravenclaw Wins says
Hi Sara, I want to send one of these to Very. I have two addresses, one for Very in Chelmsford and one for Shop Direct in Bootle. Is one of these better to mail to than another, or is there a third address please? Thanks in advance.
FFionpearl says
Skyways House, Speke Rd, Speke, Liverpool L70 1AB
Ravenclaw Wins says
thanks FFionpearl.
Joseph says
Not a payday loan, but just had my irresponsible lending complaint agaisnt Vanquis upheld – Had multiple open payday loans at the time of the application so adjudicator agreed with me, refund all intrest and missed payments (every month) and charges which adds up to £558. Clears the £500 balance and £58 cheque!!
Hayley says
Hi. This is what happened to me with Littlewoods. From 2010 I started with a starter credit limit of £150. By 2016 I had a limit of £12000 which I was using to buy items to sell. Or credit cards to make the catalogue payments as they were so high. I have stacks of late payment fees included. By the end of 2016 I had several credit cards and simply could not afford to live. My salary was only £10,000 a year so it was impossible to pay. I took a DRO Nov 2016 so is it still possible to claim my interest form them?
Sara (Debt Camel) says
So there was a large debt to Littlewoods in your DRO?
Susie says
Hi
I have questions about credit cards and very.
With regards to credit cards, I am looking to complain about Vanquis and Aqua. The reason for this is that I opened accounts with them when I was in default with pay day loan, was overdrawn in 2 account and had very account with high credit limit. I was also making payments to pay day loans that were actually higher than my monthly income. Can i say they acted irresponsibly by allowing me to open these accounts?
The same goes with Very. I started with £600 credit limit but they increased to £3700 which is unmanageable for me. By the time they started to increase my limit I was in debt with pay day loans and 3 credit cards and overdrawn in 2 account. Is there any chance I can ask for the interest and fees that I paid since 2014?
Thank you in advance
Keira Amanda Brown says
Hi,
I hope you can help. I made a complaint to both very and next directory.
Very haven’t even acknowledged my complaint and next directory have sold the account to Cabot and have stated any complaint needs to be directed to Cabot, is this correct?
Thank you in advance.
Keira
Sara (Debt Camel) says
No it is not correct. Ask next if that is their Final Response, because if it is you will be sending the complaint to the Financial Ombudsman.
Are you currently making any payments to Cabot?
Keira says
Hi Sara,
Thank you for the quick response. No I’m not currently making any payments to Cabot, the debt was sold late last year so they have only just starting writing to me.
I did send a SAR to next which clearly shows the increases and that I was high risk and affordability was a low score and that they continually kept offering me a store card, it also shows a credit agreement I have never seen before with no personal details at all!
Cabot are starting to threaten to litigation in their letters.
Thank you
Sara (Debt Camel) says
ok, well tell Cabot that you are currently disputing the debt with Next and ask them to put a hold on any enforcement action until your complaint is resolved. When the complaint goes to the financial Ombudsman (which it will probably have to) you again need to tell Cabot that the dispute is still ongoing and that it is with FOS.
Carrie says
Hi
My case against very has just been allocated to an adjudicator how long will I have to wait roughly for a decision and how often does the fos uphold a decision against very?
Lucy says
I have received a cheque from morses after winning my case with the fos, but didnt get a letter with it saying how they had come to this amount, should i get intouch and ask them for a breakdown of the interest and 8% they have given me, as i think they have given me the wrong amount.
Sara (Debt Camel) says
Yes definitely!
Hugo says
Hi Sara
Really great advice you given on this website. My complaint relates to an Aqua Credit Card I have had for around 5 years. I missed 3/4 payment account was sold on to a company who collects payments. No defUlt has been applied to my account. I am currently clearing the balance.
I couldn’t afford the payments as my entire wage was going on payday loans at the time (last year june onwards).
My credit limit has never increased always remained the same.
Based on this information do you think I have basis for a complaint ?
Sara (Debt Camel) says
It sounds as though the credit card repayments were affordable for the first few years? If that is right, then no, you don’t have a good case to complain the car was unaffordable. But you may have VERY good complaints about the payday loans, see https://debtcamel.co.uk/payday-loan-refunds/
David Appleby says
Hi I’ve have just won my case against aqua. They have been told to refund all interest and charges since Jan 2013 and to buy the debt back from lowell. My question is will lowell refund what I’ve been paying to them aswell
Sara (Debt Camel) says
Have Lowell been adding interest?
David Appleby says
No they bought the debt in September 2016 and I’ve been paying 40 a month since to clear it
Sara (Debt Camel) says
OK, so stop making any more payments to Lowell immediately and inform Aqua how much you have paid Lowell so far.
The calculations Aqua do should mean you only repay what you borrowed – the money you have been paying to Lowell is part of this overall calculation.
David Appleby says
Ok thanks i stopped paying lowell 2 months ago when i got adjudicators initial decision i rang them and they said they would contact aqua and get back to me
John says
Hi David
Congratulations.
I am thinking of complaining about aqua.
What specifically did you complain about ?
My account has also been passed to a third party.
David Appleby says
Hi It was the limit increases they applied even though I had lots of overlimit charges on the card and multiple payday loans at the same time
Aaaa says
How long did it take for aqua to reply to your complaint? Thanks.
David Appleby says
It was about 6 weeks and they rejected it so went to fos
J says
Hi David
Can I ask if you won your case at adjudicator level or was it an ombudsman? My complaint about Aqua was rejected by the Adjudicator and is now with an Ombudsman. I am hoping they uphold this as like you, I was missing payments etc and still my limit was being increased.
Thanks
David Appleby says
Hi it was at the adjudicator stage there was a bit of back and forth with aqua until they agreed
Carrie says
Hi
How easy is it to take a company on for irresponsible lending when the person has just passed away?
Bit of background the card company in question has increased a credit limit on a card to over £13k over the years for an 87 year old who has 4 other maxed out cards and a release on their home.
They only had their pension each week and were paying purely interest only off each month.
Is this a case we can raise before the remaining equity in the property goes to the card provider?
Sara (Debt Camel) says
Well I wouldn’t say it is easy. But you may as well try! It certainly can be done.
Carrie says
Thank you I wasn’t sure if that now she’s passed away we could do it on her behalf or not but i will certainly look at it as I can’t believe the rates and credit limit they have given someone on a state pension
Laura says
Has anyone else had their shop direct complaint put on hold at the FOS while they “talk direct to the business” it’s like the never ending story with these companies, shameless!
Sara (Debt Camel) says
These catalogue complaints can be very slow. One reader told me yesterday she had just won her three J D Williams complaints that had dragged on for well over a year.
Carrie says
Hi Laura
I’ve just been told my shop direct complaint is on hold while the ombudsman decide how to deal with these cases. He wouldn’t really explain much more to be honest so I don’t know the full reasons. They’ve said it could take months to be resolved now.
Laura says
Hi Carrie,
I got a letter from FOS saying they would be in touch in roughly 12 weeks did you get that?
Carrie says
Hi Laura
No I didn’t get that I had an email from my adjudicator which said it could take a few months.
Chelsea says
Hi Everyone! This site has been very interesting to read.
I was wondering if a claim to a bank for extending an over draft on an 18 year olds account is grounds for a letter being sent? It was extended to over £2000, she is 18 so obviously this was never going to work.
Also, I had an account with littlewoods, couldn’t afford the repayments, account got blocked and ended up paying an amount per month to clear it, covering monthly charges also…Is this grounds to claim?
Many thanks all :-)
Sara (Debt Camel) says
How long ago was this overdraft limit change?
To win a claim you have to show not that you got into financial problems but that the lender should have realised before they increased your credit limit that this was likely.
cheryl says
Right i feel need to share this as it might help someone
i used a very similar template to the above to complain to Aqua card about a card i thought i would never be able to payoff.
My case was: they increased by credit card a few months after i had so many defaults on my card.
i haven’t received a formal final response but logged into my account last week to find that the balance has been reduced by £5500 pounds.. and now i owe £200 – a lot of interest reduced.
Thanks Sarah and the community
Sara (Debt Camel) says
Well done!
Ann says
Well done! How long did it take from when you submitted your complaint?
cheryl says
about 9 weeks
Joseph says
Hi just an update with my Creation Finance complaint. They operate with Currys PC World for credit. Put in a complaint with them in November and they rejected straight away (nightmare company try to never use them). Maxed out £1,500 account and it’s taken me about 8 months to get it down to £940. Ajudicator today said they were irresponsible to lend to me as i had £4,000 in overdrafts and 15 pay day loans in the past 6 months. Has advised refund all intrest and pay £175 for over 30 phone calls that should have never been made as I should have not had the account in the forst place. Overall should knock balance down to £220 I’m told which i’m going to pay off when i get paid! Good luck everyone
ravenclaw wins says
Hi; I have just put in irresponsible lending complaints with my cc (via resolver) and I was wondering if people were getting positive results on the whole? Would it be better to send the complaints to anyone in particular, eg at barclaycard?
Sara (Debt Camel) says
There haven’t been that many cases against Barclaycard, so there is no track record. Putting it through Resolver is fine. Every one of these credit card cases is very individual, it depends what happened to you.
ravenclaw wins says
One of my complaints is with a virgin cc. The virgin cc was originally issued on their behalf by MBNA, but because of this virgin say they have no case to answer despite putting the limit up a massive amount (5k) after they say they took it over ‘in house’. Should I try their CEO or escalate to the ombudsman? any advice would be really appreciated, cheers.
Sara (Debt Camel) says
Well you can try the CEO if you want, but I don’t remember anyone winning an affordability complaint that way. FOS is the normal route.
ravenclaw wins says
Thank you for the advice Sarah, I’ll escalate via Resolver.
Fraggles says
Anyone had a successful claim against Next where they have sent the debt to debt management company?
Mind has been on going since August 18. Next states that I needed to complain to the debt management company. The debt management referred it back to Next who have failed to respond.
I finally got fed up of waiting for a final response and referred the case to FOS.
I was wondering it there was any advise or anyone who has a similar experience etc
Sara (Debt Camel) says
Next are just wrong. Trust me.
Keira says
Hi,
I complained to next who said I needed to complain to the debt purchasing company as they had nothing to do with the debt as it had been sold so I complained to Cabot who sent me a letter yesterday saying as it wasn’t them who made the lending decision they were passing my complaint to next. They proceeded to say it was with next and that was their ‘final response’! They then asked for me to make a payment arrangement but in the next paragraph stated my account was on hold whilst they wait for a response from next. So who knows! I’m counting down the weeks to raise my complaint with the FOS
Fraggles says
Mine is with a company called ‘Debt Management’. They appear to be responsible and have kept me updated on their attempts to get a response from Next.
The FOS have confirmed that they have asked Next for there side of things, so i guess its a matter if just waiting.
Fraggles says
Just to give an update on my complaint with Next.
The FOS have notified me today that Next have responded to their enquiries by stating that the account has been sold and that the debt management company are now responsible for any lending decisions made by them.
The FOS have asked if they debt managers accept that, which they of course have declined.
The adjudicator states that they are now going to respond but couldn’t give me an outcome on the phone.
Hannah says
I’ve a slightly unusual issue and I hope you can assist please?
Ambrose Wilson owed me £188.02 for items returned. It was my account, but the good were paid on someone else’s debit card.
I requested a refund to the card holder. But, I received a cheque in my name. Which I cashed and refunded the cardholder.
Now, Ambrose Wilson state I owe £188.02 as they made an error and repaid the cardholder by debit card. Which I can confirm is correct.
However, the cardholder was not aware until I contacted Ambrose Wilson and they checked their bank account.
They don’t have the funds to repay me, nor do I. So, I will be left to pay it in instalments with interest. Which seems highly unfair given it was an admin error their end.
Can you advise me on how to deal with this please?
Many thanks
Sara (Debt Camel) says
I think you should send a complaint to cmt@ambrosewilson.com setting out why this is unfair. Ask them to write off the debt as it was their error. And say you will take the complaint to the Financial Ombudsman if they do not agree.
At the very least they should agree that you should not be charged interest on this. But I think it is worth pushing for them to write it off as it was their error.
Christian white says
Hi
Just to say that thanks to the advice from this great site (thanks Sara!) I’ve decided to ask for a SAR from Premierman. I opened an account with them in about 2012 with an initial credit limit of about £250. By 2016, the balance on the account had rocketed to £2600 and despite making payments of about £90 a month, something like £68 a month was being added on each month in interest. The account is with a DMP now and I have paid back approx.£1500 so have a remaining debt of approx. £1100. Once I have the details I will make a complaint to them about irresponsible extension of credit. I would estimate that in terms of money already paid I’ve probably already covered the purchase of the items.
Will keep people up to date with developments.
Cheers
Chris
Tom says
Hi Sara,
I was wondering if you could help. I have almost finished paying off 2 overdrafts with HBOS via a Tomlin order and a debt management plan with Lowell. I was wondering whether a complaint would be successful for the irresponsible lending from HBOS. I was allowed to have £4300 worth of overdrafts when I was only earning £1200 a month, this facility was optional. However I do not believe there was a credit check performed. It was a page on the online banking platform “your current overdraft is £500” so can have a guaranteed overdraft up to £3000 which was instant. I see this as irresponsible lending. Just wondered whether you had any thoughts? Or whether you’ve heard of anything regarding this?
Sara (Debt Camel) says
How long ago was your credit limit increased to that amount? If it was more than 6 years, you aren’t likely to get anywhere with a complaint.
Tom says
Yeah it was. I’ve complained anyway to Halifax, as I think it was irresponsible and they still have full account history. Shame I’ve left it this long really.
Shem says
Hi
Just an update with some good news from Very 5 weeks after my complaint, they did not uphold my complaint but as a good will gesture have refunded all interest charged to my account to date totalling over £1100 leaving me only a small balance to pay. They haven’t frozen any future interest so I will need to clear the remaining balance quickly to avoid the interest building up again but I’m happy to Do this as other refunds have enabled me to clear debts and be in a far better financial position. So happy with this as a result.
Shem
Sara (Debt Camel) says
If they want to call it a goodwill gesture that’s still a great result!
kirstie sheils says
HI Shem, Can i ask how you contacted very please? I would like to complain and never seem to get a reply!
Shem says
Hi Kirstie
I used the complaint web form When logged into my account, it’s available under the ‘contact us’ link. They have one for ppl and then a general complaint form. I got an instant acknowledgement and then updates via the same area in the portal but they also wrote to me with the final outcome. From the moment I raised the complaint the calls and letters about arrears stopped instantly. They handled it pretty courteously to be fair.
Good luck, let us know how you get on
Shem
Michelle says
Hi Shem I’ve been meaning to put in a complaint to Very for a while got round to it today, my account is not active anymore but I could still log in, I’ve sent a query through their online form and got a reply straight away to say they will look into so fingers crossed I would be happy with a goodwill gesture too. Did they say how long it would take to be refunded? Thank you
Shem says
Hi Michelle
The day I got the letter I logged in check and it had already been applied so instantly really!
Good luck with yours hun
Shem
Jay says
Is there an email address to send my complaint to Barclaycard and Capital One?
Michelle says
Hi Sarah, I raised my complaint with Very catalogue for irresponsible running of the account, credit limit increases to 3000 whilst I was defaulting on payments etc. They have replied saying I need to contact the debt company it was sold too is this correct? I thought it would be Verys responsibility?
Sara (Debt Camel) says
They are wrong. Go back to them and say it has nothing to do with the debt collector, Very made the irresponsible decision to increase your credit limit and if they are rejecting your complaint you will be taking it to the Financial Ombudsman straight away.
Michelle says
Thank you Sara that’s what I thought but wanted to make sure, I’ll ask them again and see what they say, can I take an online response as a final answer? I don’t need a letter in the post as a reply?
Shells says
Hi guys. My case with Vanquis is with adjudicator. Need advice. They have offered to pay any additional interest from may 14 after the increase at £1750. Increases were then up to £3000. However, I don’t feel this is right, I’ve been paying card down so as my balance is around £1900 therefore I’m only getting back a small amount. So any interest up to 1750 they are still getting and have been then for the 5 yrs. The adjudicator thinks this is fair but I don’t. I think I may ask for ombudsman to look at it. Just looking to find out about similar cases pls :)
Sara (Debt Camel) says
From May 2014? that is probably a lot of interest isn’t it? Have they said how much?
Shells says
It still is around £2000, buts it’s not all interest from May 14, only additional interest after 1750 til now. Therefore they are still getting the interest up to 1750 til now. I’ve just read here that people got all interest back??
John says
Hi,
With the new FCA rules on tackling persistent debt – where a lender is required to offer swifter repayment options after 36 months, including lower APR loan, or cancelling interest altogether – will this result in a negative mark in your credit file?
Best Wishes
John
Sara (Debt Camel) says
There isn’t a track record here. I suspect it will affect your credit record, possibly being recorded as an arrangement to pay, but I may be wrong.
Sue says
Hi can i please get some advice. I sent a complaint to Aqua credit card and Marbles and this is their final response.
They said i met their acceptance criteria and as a result was provided with their credit card and a limit of £300. They also said i met criteria to get Marbles credit card. They basically joined both complaints into one as they allowed me to get 2 credit cards by New Day (Aqua and Marbles).
They say that on 20th dec 2016 my aqua account was reviewed and i became eligible for increase to £1300. Because i did not contact them to opt out and actually agreed to the limit increase i proactively agreed to it so in essence its my fault. Same happened when they increased the credit limit to £1800.
While they appreciate i had one charge for an over limit fee prior to credit increase date, this would not exclude a customer from receiving a credit limit increase unless they are consistently over the limit in each of the three months leading up to the increase. They also said i did not declare that i was in financial difficulty when i applied as i said i only had unsecured debt of £800 but this wasnt really true(my debt was higher but i needed the money as i was in financial difficulty).
Is there anything i can do?
Thank you
Sara (Debt Camel) says
Send it to the Financial Ombudsman. also enclose a copy of your Noddle Credit report.
Erica says
Hi Sara
I had an overdraft with Halifax in 2007. I was not paying any monies into the account during the period it was opened.
A few months after opening the account, within 5 weeks, my overdraft limit had increased from £100 to £10,000 automatically. Being the stupid person I was back then, I used the overdraft to the maximum. The account then closed because I couldn’t afford to pay the interest and charges.
I complained to Halifax this year after reading this article in February. They wrote back with a final response saying that it was time barred as I did not complain within 6 years.
I then referred on to the FOS who have just told me that they are also unable to look into this as they state that I should have been reasonably aware to complain a few years ago. The only thing is, I did not realise that I could complain until this year and I feel that I am within the 3 year time limit.
Any advise on what I could do?
Joseph says
I’m pretty sure you can argue that you didn’t know you were able to complain until recently, you could say a friend told you about it. I also know that if you have a good enough reason for not complaining, for example a mental illness or other issue(s) that would be a good reason. FOS will consider it but only by a case-by-case basis. Good luck!!
Sara (Debt Camel) says
Joseph is right but realistically I don’t know of any credit card or overdraft cases which have been won that far back. I’m sorry but I don’t think you have any chance here.
Luke says
Hi,
I am not sure if it’s the right place to ask. I made a complaint about mis-sold bank account last year.
They asked me to wait a few weeks, not response and when I called they said that it was refused before investigation, because the case is about account which was more than 5 years ago.
I’ve heard about it in 2018 so I complained then, but I paid for a few years till mid of 2012.
Is that right that it is outside complaint “time limit”?
Regards,
Luke
Sara (Debt Camel) says
So the account was opened before 2010? Sorry you are very unlikely to win this, it is outside the FOS limit which is 6 years (not 5).
Karen says
Hello,
My case against Barclaycard is at FOS. The debt became unaffordable and I had to borrow every month so something had to give. They sent me a income expenses recently but I had to declare at the end i would be able to pay within the year which isn’t true because I am due to go on statutory maternity. They have now issued a default notice, any advice what should I do next? I can’t pay the £600 on the default notice
Sara (Debt Camel) says
I suggest you offer them an affordable monthly payment and explain you are just about to go on maternity leave.
Michelle says
So I’ve had a letter from Very to say they take complaints seriously and are currently looking into mine. Is it worth sending them my credit report or anything else? I will send them copies of statements and I also have letters from them stating when I did finally make a payment they encouraged me to spend again. I’m hoping they will come back with some sort of goodwill gesture as I know the fos can take a long time
Rosie says
Long story short, I complained to Aqua re increase in credit limits, started off at £100, then £200, then £1000, then £1600, then £2350.
Aqua dismissed my complaint, went to FOS and adjudicator upheld my complaint to refund all interest and charges from the 3rd increase to £1600. Aqua disagreed and went to Ombudsman who then provisionally decided that interest and charges should be refunded from the 4th increase from £2350. (2 year period between 3rd & 4th increase).
I was then able to supply evidence which directly challenged / contradicted Aqua’s account of things. The Ombudsman has now asked Aqua 3 times without reply to respond to this extra evidence. Has anyone else been through the same situation ? Also if Aqua don’t reply, does the Ombudsman make a decision based on evidence received ? Is this a good thing or bad for my complaint ?
Sara (Debt Camel) says
These cases are VERY individual. the chance of someone else having been in exactly this situation is pretty small!
Where there is a dispute, the Ombudsman will make a decision “based on the balance of probabilities”. In general it’s good if you have produced “evidence” and Aqua haven’t replied…
I have put the word “evidence” in quotes there as I don’t know what you have sent or how much it may affect the Ombudsman’s decision. I’m not saying this is an unusally high barrier or that the ombudsman will start by being very suspicious, I’m just saying I have no idea about the details of your case apart from what you have just written. Fingers crossed and let us know how it goes!
Joseph says
Hi Rosie, I’m in a similar position as you. The ombudsman have requested more information twice from AQUA and they’ve not responded, yet there were quick to reject adjudicators response in upholding my complaint. They seem to be dragging their feet a lot. Lets hope we both get the result we want!
mrs.cheaplaugh says
I’ve had a provisional decision from the Ombudsman after I rejected the investigators decision twice and asked the Ombudsman to step in. They want Aqua to refund all my interest and charges from my second credit limit increase. They tell me that there are several cases like mine they are looking at together so I guess Aqua could be in for a spot of trouble. Aqua have 3 weeks to come back with a reply before the ombudsman makes a final decision. If Aqua can’t supply anything compelling the decision will stand as it is.
Richard P Culley says
Hello,
I’ve currently got two complaints being looked at by the FOS ref credit card limit increases and affordability, capital one and NewDay.
Capital one the adjudicator has already sided with the business saying that as I’d always made minimum repayments and I opted into the increases it’s my fault essentially.
NewDay also feels like its heading that way.
I’ve told both reps from FOS about numerous other cards and HCST borrowing at the time.
Will have to just wait and see. It’s encouraging that others have had some success.
FOS don’t seem to be too demanding on the lenders as to what checks they should have done.
Sara (Debt Camel) says
Take the complaints to the ombudsman level if you think they are strong – several increases or a large increase at a time you can show your credit report was getting worse (more HCST borrowing, larger debt levels).
Lisa says
Hi regarding Irresponsible lending. Barclaycard have said that not irresponsible as credit reference agencies said my score was good. They put my limit up from £7000 balance transfer to £14100. As a goodwill gesture they have given back last 6 months interest of £85 when my balance was down to £450 through other balance transfers. Next have also come back today. Increased from £250 to £5000 again they have said they used credit reference agencies and my score is good so can offer me more money. Only ever paid minimum payments. Are they worth referring to the Ombudsman? Also have overdraft of £3000 – increased from £500 when with lloyds TSB. I am always in overdraft – is it worth making a complaint to them?
Joseph says
Hi Lisa,
You can still refer your complaint about Barclaycard as they’ve given you a gesture of goodwill. I would send to FOS if you think you shouldn’t have been given this card and even the increases. Next one you should deffo send to FOS and this is a massive increase, they should’ve made sure you could afford this. TSB I would say the same, refer them all to FOS. Download your credit report in the meantime so you have all your stuff ready. You could even go through this while you wait for FOS and send these to each of the companies highlighting why they should uphold your complaint and highlight key areas they should’ve seen when they did this supposed credit check. Good luck!
Joseph says
*Success!* – My Creation (Curry’s Finance) has now been settled. The agued to remove the £175 compensation for poor service which the adjudicator agreed to do after receiving calls they should’ve sent ages ago. Balance on the account is £378 but total money back due to interest and charges is £411 so the account will be closed, information removed from credit file and £33 back! Anyone who are dealing with Creation stick at it, they’re a terrible company
Gary says
Hi
I’ve had various levels of success with complaints to loan companies thanks to this site and now I’m onto jd williams for their credit increases despite ongoing issues with debt levels due to payday loan cycles.
What dealings have people had with jd williams and is this likely to be a wait for 8 weeks then straight to the FOS?
I’ve had confirmation they are now looking into it a couple of weeks ago.
Thanks
Katie says
Hi,
J D Williams turned mine down after about 4 weeks, they had increased my credit limit from £150 to £3700, then I sent to FOS.
Picked up by an “Investigator” as they are now, quite quickly, a couple of months, they are now waiting for J D Williams to supply some more info.
I have a similar case that has been at FOS a year! I enquired why this other one was still waiting an they have now taken on both the cases for me
I won a case last year against Vanquis and that took about 8 months.
thanks,
Katie
Shells says
Hi Katie. Did u win all interest back from Vanquis ? They offered additional interest on mine from the 4th interest, but that means they’re still getting all my interest until now up to 1750. I disagreed and sent to ombudsman. 1750 was applied 5 years ago
Katie says
Hi,
I don’t know how it was worked out. They paid off the card and I got £1000 back which I was happy with.
mrs. cheaplaugh says
I had my case with JDW upheld last year. It took a long time and across 2 accounts got all my interest and charges plus the 8% back. Basically they could not or would not tell the FOS what criteria they used when deciding credit limit increases. I think it was from the third increase they had to refund. I had two debts totalling £3400 which were paid off. I was refunded £2300 in interest and charges. There is a long time to wait, about 10 months in total but well worth it.
mrs. cheaplaugh says
Hi there, a while back I started a claim against Aqua for irresponsible lending. I’d had many credit limit increases during my financial difficuties and spent to these limits until it stopped at £6950. I paid the minimum payment for months until, in the end, I borrowed the money from family to pay it off. I have waited many months for the FOS to look into it and, at first the investigator saw they did no wrong. I rejected their decision twice until I asked the Ombudsman to step in. I now have a provisional decision from the Ombudsman upholding my complaint. Fingers crossed it concludes soon.
Katie says
I have a similar complaint with Aqua. Opened over a year ago!
Investigator upheld and said interest and charges should be refunded from second limit increase.
Aqua have refused so its gone to the Ombudsman now, probably another long wait!
Will let you know,
Mrs Cheaplaugh says
It’s a long wait but worth it. My final decision is imminent as the deadline is now passed. Good luck with yours. 🤞
Hannah says
Hi, I have previously made a complaint to Lloyd’s bank regarding unfair fees and charges being added to my account. They upheld this complaint and wrote off my debt to them plus paid out a refund to me. Am I also able to complain about them increasing my overdraft from £0 to £3000 whilst I was in financial difficulty and regularly borrowing from pay day lenders? Thanks
Sara (Debt Camel) says
If you win a complaint saying that your limit was increased to an unaffordable level, you would usually get back the fees and charges. But it sounds as though you have already had a lot of this back already, when you take the write off into account. So I doubt a new complaint would be likely to succeed.
Ronnie Pickering says
Hi Sara
I have credit card with AquaCard there increased my credit limit from £600 to £2550 within 2 years. I was always making the minimum payment even when I had £600 credit limit. Their monthly payment requested which is made up of contractual minimum and the recommended extra payment is too much for me now. If I was to claim a refund on interest charges from Aqua Card would this effect my credit record? I do not want anything negative on my credit record.
Sara (Debt Camel) says
Making a claim itself doesn’t affect your credit record. But if you want to ask to pay less, or nothing, while the complaint goes through – and it can take a long while as most cases have to go to the Ombudsman – then that affects your credit record.
If you win the complaint, it is common for the ombudsman to say that any negative marks would be removed from your credit record.
How much is the contractual minimum the moment? And how much is the recommended extra payment?
Are you still using the card?
cheryl says
given Aquas ridiculous interest rates, you they are probably adding interest payments of £1000 a year. Make thevminimun payments and go ahead with the complaints
Pete says
Just in case your not aware you don’t have to pay the Recommended extra payment, you only have to pay the minimum payment.
Although obviously paying the extra payment will help you get the balance down quicker and get rid of the debt quicker and is advisable if you can afford it, but if you can’t the minimum is all you need to pay.
Christian White says
I put in a SAR to Premierman using cmt@premierman.com on April 17th 2019. I have not received a response. Today, I chased up using the same email address but it keeps getting bounced back as undelivered from an email address CMT@jdwilliams.co.uk . I know that JDWilliams is the parent company but it seems odd that I’m sending my email to one email address (and this is the email address on Premierman’s website) and getting a reply from another email address altogether. Anybody know what is going on?
Sara (Debt Camel) says
SARs should be sent to informationrequest@nbrown.co.uk
But why are you sending a SAR? Are you actually trying to complain? If you are, call 0345 026 3899 and ask about progress on your complaint you sent on dd/mm/yy.
Christian White says
The details have finally been sent thanks to your new address. The credit limit on my account started at £250 in November 2012 and had been increased 6 times by October 2013 to £1750. The final limit on the account was £2500 before the account went into meltdown and a series (at least 10 in as many months) of administration charges were appearing on top of the crazy amounts of interest. I remember paying something like £90 a month to clear the minimum payment but finding that the balance was reducing by only about £20. The debt was eventually sold to a debt collection agency in January 2018. My recollection is that the credit was simply increased every time I placed an order and I mostly ordered things I knew I could sell on in order to fund the gambling. A substantial part of the sum has been paid off through the DMP. So, I think I will send in a letter about irresponsible lending. Interestingly, overall the payments made to date on the account exceed the amount of the goods purchased by several hundreds of pounds. The balance with the debt collection agency still stands at £1080 having repaid £1646 so far through the DMP.
Sally says
Hi I’ve had a studio account which has now been passed to a debt company. Whilst having my studio account open I entered into an IVA. During this time my credit limit was increased at least quarterly if not more regularly than that. Now they are saying I owe almost £1300 of which I do not have. What can I do?
Sara (Debt Camel) says
I think they should not have increased your credit limit significantly when you were in an IVA. You could put in an affordability complaint as the article above suggests.
Are you still in the IVA?