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?
Paul says
Hi,
If you reject the adjudicators decision and it goes to an ombudsman does it get seen straight away or does it go into another queue.
Thanks
Sara (Debt Camel) says
It goes into a queue for an Ombudsman. What was your adjudicator’s decision?
Paul says
Hi,
I had an irresponsible lending claim against Vanquis refused so I asked for an ombudsman to review as the adjudicator says everything Vanquis done was correct and that payday loans where not showing on their checks, I had to point out to the adjudicator that they and other debts were on my Experian report that I sent and I also sent a copy confirming the payday loans and the dates which were all taken at the time of all limit increases by Vanquis.
I can’t believe he missed this.
Paul says
Hi,
I had an irresponsible lending claim against Vanquis refused so I asked for an ombudsman to review as the adjudicator says everything Vanquis done was correct and that payday loans where not showing on their checks, I had to point out to the adjudicator that they and other debts were on my Experian report that I sent and I also sent a copy confirming the payday loans and the dates which were all taken at the time of all limit increases by Vanquis.
I can’t believe he missed this.
Ross says
Has anyone got the email address for the FOS for these types of complaints? Been waiting months and still no reply.
Laura says
What do you mean? Have you submitted claims to the lenders or FOS ??all the info is on the website but your best calling to check your case
Ross says
Submitted my case to FOS (was rejected by lender), but they reply with a “NoReply” automated email. Also, they have different departments- Short term lending, PPI etc. If I could get an email specific to the department which deals with the credit card complaints that would be great.
I don’t like ringing because people can’t be held to account (no paper trail)- they can tell you anything/ any time scale to get you off their back.
Laura says
I don’t think you necessarily need a paper trail because all they will be able to do is inform you of the approx wait time at that stage. I’ve had all my cases through the FOS now with the exception on one ,which all they types are on hold at the min but anytime I’ve contacted them they have always been very straight with me. What kind of complaint is it and who is the lender and someone can maybe give you a idea of the wait time they have experienced?
Maria Koutsofta says
Hi,
I have a credit card with Capital One which l have been struggling to repay over the yeas and also had a Barclaycard which took me a long time to repay and it was also sold to a debt collection agent whilst l was on debt management with step change. Can l make affordability complaints as l had and have a lot of debt and they kept increasing my credit limited. If so can l please have the email addresses. Both cards were used for gambling at the time.
Laura says
If you go onto the lenders websites and press contact us you get the details and email addresses there
Claire says
I am so confused right now, I put in a complaint through resolver regarding an Aqua credit card on 3/2/20 I even gave them the last 4 numbers on the card which I got from the company that took over the card after I had got in to trouble, I recieved a reply 2 days later after prompting them stating they had recieved my complaint etc, today I recieved a letter from Newday saying thank you for getting in touch regarding your MARBLES credit card, I did have a marbles credit card but I didnt get in trouble with that as the balance was so low, but does this mean they are taking both cards into account with my complaint or just marbles?
Laura says
Honestly I’m not being cheeky but you have to contact them and ask them. Nobody is going to be able
To answer that except the company!
Claire says
I was thinking that, I was just wondering if anyone had ever had the same thing before 😊
Tim says
Hi Sara, thank you so much for this site, your time and concern. I am intrigued by the notion that if creditors can’t supply the original agreement they can’t enforce the debt. Does this also apply to loans (I took out 3)? I have been in a DMP for a decade, all my debts are from 2007 or earlier. One card I took out over 40 yeasr ago! But then they started charging me 32% when the base rate was 0.5% …
Sara (Debt Camel) says
re CCA agreement, read https://debtcamel.co.uk/ask-cca-agreement-for-debt/. CCA agreements apply for almost all loans (the exceptions are very large loans or, sometimes, secured loans), credit cards, catalogues, HP agreement. Not overdrafts.
Claire says
Update: I spoke to Newday and it turns out that they will look into all cards that I had with them in regards to irresponsible lending, hopefully I won’t have to wait too long for a decision
Sara (Debt Camel) says
Good to know – thanks for the update.
Susie says
Shop direct (little woods/very) are horrific. You can’t complain online or email anymore and they didn’t receive my letter which is weird as I sent it recorded. Anybody else had issues?
Ross says
If you have sent the complaint by recorded delivery, then you can check on the Royal Mail website to see if it has been signed for. Just use the reference number on your receipt. It will normally show a screenshot of the signature. If it does, then it’s up to them to find out where it is and, as far as I am aware, the clock starts ticking from time of receipt?
Sara (Debt Camel) says
Quite right! You can send your complaint to the Ombudsman 8 weeks after that time of receipt.
Susie says
Thank you case is it FOS. Twice I have requested SAR as the shortened statement with increase stuff is all very short hand and coded adjudicator said same it’s very hard to dissect. They have ignored first letter then this. I don’t think A online business should be aloud to not take online complaints, I’m not confident on the phone at all so hence writing. The compLints response were borderline offensive even the adjudicator said it mimics the culture they have for customers in that company quite clearly. Horrid.
Joseph says
Anyone had redress from Capital One after winning at the FOS? Currently on day 2 of 30 just wondering if they’re quick or not
Laura says
Yes they were not that quick I think maybe 3 weeks
MG says
Hi Sara
Would It be worth pursing an old Egg credit card which was the start of my poor money management? I did put in a PPI claim with them which they rejected some time ago and unfortunately I let it slide and was out of time to send it to the FOS. I did however get the credit card with a £1000 limit (on maternity at the time) and in the space of a few year (think 2-3) they had increased my limit to over £13500. I had only ever paid minimum payments and the debt got so huge (had other cards and catalogues too) that I finally broke down and told my husband when I could not meet minimum payments as they did not cover the interest so was defaulting. He thankfully took a personal loan to pay everything off (though I did pay him back). This is historically old but have to admit I’m still smiting a bit about the ppi (though that was my fault for not pursuing it). Is it worth putting in. a claim for irresponsible lending or is this too old to even try. I had the card from around 2000-2011.
Sara (Debt Camel) says
I think that is too old. Nothing before 2007 can even be considered by FOS.
Andrew Lowe says
I complained to Shop Direct on 15/02/2018 with an affordability query on behalf of my Fiancee, as they let her have 7 different accounts with Very, Littlewoods, K&co and Isme. They increased all credit limits multiple times even though she was on DLA benefits, we did get a goodwill gesture of about £500 in May 2018, but they said they were withholding £2000 due to non-payments of account. This has now been with FOS for 21 months, expecting an answer this week.
Sara (Debt Camel) says
Fingers crossed !
Laura says
Good luck will you please update us as to how it goes as there seems to be a few of us with Shop direct pending cases. Hope you get justice they are absolutely awful to deal with!
Andrew Lowe says
Wondering if anyone has had any joy with FOS against Shop Direct, as I was promised an answer today after waiting 2 years only to find out the adjudicator is out of office for a few weeks
Maria says
Hi I’ve just complained to shop direct via their website and also via Resolver hopefully I get a reply from one of them
Susie says
Hi Maria how did you manage This via website as I couldn’t get in contact because they have disabled the email function on both very and littlewoods? I’m having trouble getting in touch, thanks.
Maria says
Hi I went onto help/FAQ and then l clicked “ l have financial difficulties” which takes you to the secure message and a form you complete. A bit long winded but it worked just waiting for a reply
Susie says
Thanks Maria, I will try that aswell they have got more and more difficult as time has went on. Sara what do you think about a online business taking away the path to complain and contact them online? Essentially you can only call or write and as I said earlier what’s happened with my letters!
Maria Koutsofta says
Hi l hope you had some luck submitting your claim – l have received a letter in the post acknowledging my complaint so hopefully it will not take weeks and weeks for them to send a final response. If you do not have luck with the shop direct website try Resolver.
michelle says
need help how do i take this forward pls,its from capital one
We consider we’re compliant with the rules and regulations in regards to this and we also subscribe to the Standards of Lending Practice. This is a voluntary code of practice which sets standards for financial institutions to follow.
Your Capital One Visa Classic account was opened on 18 May 2005 with an initial credit limit of £200. This was once our necessary checks were satisfied, which included creditworthiness and affordability and after we received your signed credit card agreement.
Your credit limit was then extended to £700 on 21 May 2010. However, we believe that this complaint has been made outside the time limits for referral to the Financial Ombudsman Service, on the basis it has been raised more than six years from the date your account was opened and when your credit limit was extended.
A payment of £21.64 needs to reach your account by 5 March 2020, to cover next month’s minimum payment.
Considering your complaint, we feel it is appropriate to remove your name and current address from our mailing lists. We’ll also make sure we won’t offer you any further optional credit limit extensions.
Please be aware, as our mailings are prepared in advance, you may receive marketing mail over the next three months. However, these will stop after this time.
Laura says
it’s saying you are out with the legal timeframe to complain. I’d call up FOS and see what they say if you can or can not take it forward
Sara (Debt Camel) says
FOS will often look at these older cases.
Jack says
Hi
I have been struggling with debt for about 10 years now. , and was wondering if i could make any claims for irresponsible lending?
These are the creditors i owe
Barclays £3800 from an initial £8k credit limit (owed £7.3k) – they gave me this limit even after my salary was reduced due to illness. i have agreed a payment plan now to pay this off at £100 a month and have just had a letter saying i can pay this back at 0%
Nationwide £2200 -loan – paying £100 on payment plan after struggling to meet payment on 6k loan. Also had a credit card with them for £2.5k which was paid off with the loan
Nationwide £2700 overdraft which they game me after i agreed the loan repayment plan almost 3 years ago and hasn’t gone down since. They let me have this on 0% over 12months in July 2019 but i havent been able to reduce it yet ? Ive just had a letter from them asking me to call about this – – is there a case for irresponsible lending here?
Very £3900 kept increasing my limit and i stupidly used it to buy things so i could sell them to pay other debts.
Paypal credit £4700 same as Very really – buying shopping, food etc and they just kept increasing my limit
Vanquis £975 taken out a few years ago – just trying to get this down, but keep using it when im short of money.
Im around £140 a month short each month in making the payments without borrowing more.
Sara (Debt Camel) says
I suggest you talk to StepChange https://www.stepchange.org/how-we-help/debt-management-plan.aspx about a debt management plan for all your debts, including overdraft. It sounds as though the individual payment arrangements you have negotiated are too much for you to afford and have led to you getting into more debt.
You have to get yourself into a safe situation where you don’t need to keep using high cost credit like Vanquis and where your overdraft does start dropping.
You may potentially be able to get some debts reduced through affordability complaints. At first sight the following occur to me:
– Barclaycard should not have increased your credit limit IF they knew your salary was reduced because of illness – but were they aware of that?
– Nationwide overdraft – odd to give you an overdraft when they had agreed payment arrangements for other debts with them
– Very
– Paypal (but they are not a UK firm so this complaint may prove tricky)
The problem is these complaints can take a really long while to go through. You cannot expect many of them to be resolved in under 6 months and some may take a year. Wining any of the will really speed up your DMP so they are worth trying, but you need the DMP to get yourself into a safe place first.
Jack says
Thanks very much for the reply – i will call Stepchange today and try for those affordability complaints. Thanks so much
Laura says
Good luck jack, you won’t look back! The relief in itself is something else once you know it’s all sorted. I did the very thing aswell did they keep increasing your limits? Check your dates and get a complaint In. I will warn you know awful to deal with but I had the adjudicator uphold my complaint absolutely massive amount in refund and charges because Of BNPL interest but typically they want ombudsman! All the best
Mr and Mrs C says
HI Katie and Laura
My case for JD Williams is also with the FOS – the adjudicator has told them to refund all interest and charges to me plus the 8% interest. JDW have said no and provided additional information and said they wont pay anything over 6 years ago. I too am in the queue for an ombudsman now. This case was originally sent to FOS 2 years ago.
Lisa says
Afternoon, of you don’t mind me asking how long was your complaint with FOS regarding very. Just I have been waiting over 2 year and still no outcome
Laura says
Hi Lisa I think it was less that 2 . But goodness knows how long I will be for ombudsman now! I will be honest I called up every 6 weeks for a update. Always friendly when called. I would call for a progress report if I was you, won’t do any harm.
Lisa says
Thank you I think I will give them a ring for a update
Andrew Lowe says
Update from FOS regarding Shop Direct
apologies again for the time it is taking to give you an answer on your complaint about Shop Direct. I appreciate this complaint has been ongoing for you both for a long time and I know you will be keen to see it completed.
To give you an update on where we are, over the last few months we have sent Shop Direct our views on a number of complaints involving very similar concerns to those you raised. In response, they have disagreed with aspects of our approach and the recommendations we have made to put things right. We have been responding to the points they have raised and we issued a Provisional Decision last week. Should Shop Direct accept this Decision, we may find it begins to agree with our findings going forward. Of course, each complaint is assessed on its own merits, so we will continue to investigate and issue our findings on complaints and review any responses we receive in due course.
Unfortunately, this process, as you have experienced, has taken time and means we have been delayed issuing views on complaints. As I said previously, I was expecting to be able to issue my view on your complaint by now and I’m sorry I was not able to meet this.
To avoid further disappointment – and give you the fairest possible answer of when I will be able to do this – I will say this will be sent on, or before, 20 March 2020.
Anita says
Hi Andrew. Thanks for info. How long is your case with FOS?
I have a case with FOS since October 2018. Really hoping that this will be resolved soon.
Andy says
I first complained to Shop Direct on 15th Feb 2018 and took it to FOS around May 2018. Shop Direct did pay about £500 as a goodwill gesture but withheld thousands due to debts being put into DRO. My complaint was that they offered no interest at 8%, they had also wrote debts off years before and are now reclaiming that money and I requested they go back to accounts being opened 20 years ago not just the last 6 years. I’ve done a lot of research and reckon they will go into administration before settling complaints. Sorry to say
V says
Has anyone complained and won against Simply Be/JD Williams. Opened an account in 2017 and they have repeatedly upped my limit. I had 4 defaults and 1 CCJ when I opened the account. Only ever paid minimum payment and they have upped my APR from 27% to 49% due to a “review” of my account usage. I owe them 1900 and can’t see it ever ending. Minimum payment is around £80 per month. I can’t afford to pay any more than that. Received a letter the other day about affordability and they will continue to look at my account and may even request I pay more than my minimum payment!! Not something I can afford to do.
chris says
I have a complaint in against Premierman (also JD Williams) for a similar situation. Has been with the FOS for 7 months now so it is a slow process. No harm in sending a complaint. Response from Premierman to my complaint took 8 weeks and quite literally made no sense! So expect to go to the FOS
Lisa says
I have put in a complaint against Capital One as they have given me three credit cards when my credit is shocking with defaults. Put the complaint in over a month ago and they have just increased my available balance on one card by £500. What is wrong with these companies!
Paul says
Tell them you dont want the increased limit and that you cant afford it, yes they are wrong in giving you the increase but some of the responsibility is upto you to decline it knowing you cant afford it esp when you have already made a complaint
Daisy says
With regard to complaints about overdraft charges, I just want to say it is worth a try.I was trapped in a very large overdraft (£6250) for a number of years. It was costing £90 a month until the Halifax changed their charges in 2017 when it leapt up to £260 a month!I couldn’t afford this and ,due to my credit rating, couldn’t get a loan to pay off my overdraft.I complained I was being treated unfairly but the Halifax dismissed it even after an income and expenditure exercise showed my outgoings were now more than my income. I took my complaint to the FOS but the adjudicator who looked at my complaint said the Halifax had done nothing wrong.I still felt this couldn’t be right and asked for my complaint to be looked at by an Ombudsman.It has taken an awfully long time but this week I have received their decision.They have partially upheld my complaint and the Halifax have to refund all bank charges made after Feb 2015 and pay 8% interest on any overpayment if the charges cover my overdraft.It is always worth a try and pass the complaint to an Ombudsman if you feel the adjudicator is wrong.
SophieJB says
Hi,
I’m wondering if you can help. I am currently on a DMP with stepchange and paying monthly. I had a credit card with Barclaycard from 2014 where they gave me a limit of 7k. I got myself into debt with it due to being on a low income and in the payday loan loop I then started to gamble. I received a letter from Barclaycard last year giving me £75 as they recognised they didn’t take my situation into account. The balance is being paid via stepchange each month to PRA Group however it is nowhere to be seen on my credit file? I am wondering if I have a way to say this is irresponsible due to my mounting debt, addiction at the time and also my low income. Any advice you could give would be great :)
Sara (Debt Camel) says
yes you can complain to Barclaycard that they should never have given you a card with such a large credit limit because of your low income.
If you already had a problem with gambling at the time you were given the card or you had a lot of other debt (eg payday loans) on your record, also mention those as reasons.
I suggest you take a copy of your credit records now and get bank statements back around the time you were given the card. These may get harder to obtain if the case goes to the ombudsman and you are then asked for them in 6 months or so.
When was debt sold to PRA?
Can I ask how large are your total debts in your DMP and how much are you paying to the DMP at the moment?
Sophie says
Thanks for getting back to me so quickly!
I can get my bank statements as my account was with Barclays who I’m still with so I will do that.
I am not too sure when it was sold, it’s just on my DMP statement that the debt is assigned to them. When Barclays sent me the £75 refund I wrote a letter to them to explain my circumstances and they didn’t fully investigate. They advised that the default would be removed from my credit file but I’m just so confused it’s totally gone from my credit file but still paying the debt to PRA.
My DMP payment is £85 a month and my debt is just under 15k
Thanks
Rajvinder Rai says
Hi Sara
I just got a email from Halifax regarding a credit card I had which I defaulted and was sold to Lowell over 6 years ago, they apologized about the fees and interest they should not have included and a refund of over 800 pounds is paid directly to the debt management company. I never paid the debt management company or admitted I owe them so the debt is stature barred. I called them to tell them that they owe me the money and should send directly to me but since I never paid the interest this goes to the debt mgr company. I’m confused as they surely sold the debt so why can’t I get the refund sent directly to me. Look forward to your reply as I know you are clued on about these things
Sara (Debt Camel) says
You never actually paid this £800 so you are not going to get it refunded to you. sorry. They are legally entitled to do this.
Rajvinder Rai says
Ok, thanks for confirming
Emily says
Would it be worth complaining to barclaycard, they gave me a credit card in feb 2016 with a limit of £8,900. At this time i was only earning £20k, and already had 4 credit cards (£500 maxed, £3150 taken out in Jul15, £3000 taken out in dec15),an overdraft maxed out (£2000) a shop direct account (£1.1k) and car finance of £5.5k).
No missed payments or anything like that at the time of taking it out. But now i look at it the initial credit limit given its ridiculous!! on my income alone, not even including my stupidly high level of debt.
Sara (Debt Camel) says
that does look like a very high limit. yes, I think that is worth a complaint.
JoJo says
Hi all
Some advice needed please. And I know complaints are harder to win against banks relative to bank loans (as they can see my expenditure etd) I will try to keep this relatively short. I applied to my bank at the time back in 2017 for a personal loan, I was shocked when it was agreed in all fairness as I was in the middle of my own financial crisis which ultimately ended up with me entering into a DMP in 2019. I received something via emaill saying apply for a loan, i did! £2950 they gave me, however, 3 days before that I had taken out a £3000 High interest loan (interest on that was £6233 – i was desperate) and 13 days prior I had taken out a £800 high interest loan (i was addicted to credit at the time), a months before it a £1250 high interest loan! The list is endless and need to say I did see the error of my wats in 2019 and entered a DMP and taken out no form of credit now since October 2018 and now on the straight and narrow. This was my only bank, they could see what was going on and also knew i lived month by month in a £2500 overdraft, so wages in, wages out, topped up virtually every month prior by either a loan, PDL or credit from a revolving credit line I had. How would I go about complaining, is it worth it?
Sara (Debt Camel) says
And I know complaints are harder to win against banks relative to bank loans (as they can see my expenditure etc)
Actually if the loan is unaffordable, that makes it easier to win a claim!
But the real problem with bank loans is that they tend by their nature to be more affordable as the interest charged is lower.
however, 3 days before that I had taken out a £3000 High interest loan (interest on that was £6233 – i was desperate) and 13 days prior I had taken out a £800 high interest loan
A loan three days may well not have showed up on a credit record search the bank made.
I think the strongest argument here is that they could see how much of your overdraft you were using each month.
The best template for this sort of claim is the large loan one: https://debtcamel.co.uk/refunds-large-high-cost-loans/
Sonya Hawley says
Hi
Has anyone had any dealings with Opus? Have recently entered into a DMP and now have sent them an affordability complaint however these guys just WILL NOT STOP sending me reminders and bills. Today I have received a letter from them an they are asking if I can set up a Continuous Payment Authority (CPA) anyone able to help me please?
Sara (Debt Camel) says
how recent is your DMP?
Sonya Hawley says
Hi
It began October 2019. Payplan have been selfing them £9.25 ppm
Sara (Debt Camel) says
oh that isn’t recent – it can sometimes take a couple of months for a creditor to get the DMOP set up but it should never take 4 months.
I suggest you send them a complaint https://www.opuscard.co.uk/contact saying that you are in a Payplan DMP, you are not going to pay them directly, you want them to freeze interest and if they continue to pester you about setting up a CPA you will send a complaint to the Ombudsman about that.
Sonya Hawley says
Can I add this to the original complaint of affordability on Resolve or should this be a separate matter?
Thanks Sara – appreciate it
Sara (Debt Camel) says
oh I suggest phoning up and being very cross. You want this stopped now! Not entangled with an affordability complaint that could take a long while.
Sonya says
OPUS – AGAIN
Just been looking at my credit report and Opus have added to my credit report that I am over my limit. I am on. DMP (See above) s there nothing I can do about this? They are really pushing their luck with me now!!
JA says
I believe they’re allowed to report that you are over your limit even if you’re on a DMP. How long approx will your DMP Last?
SOnya says
I have a few years left to go! They have been pestering me asking me to enter into a CPA and the letters are relentless.
tm says
Just an update I complained to the catalogue company regarding the fact they gave me the account in the first place and they have written off the outstanding balance :)
Craig Wallace says
Having just received a final response from Capital One re my complaint about credit limit increases on my credit card rising from £200 to £1800 over 3 years. They state that prior to each increase, 4 in total, they carried out the necessary credit checks and did not see any payday loan activity in the 3 months prior. I have checked one of these increases in detail and can see from bank statements that in the 3 months prior I had taken out 10 payday loans. I haven’t checked the other time periods yet but a quick glance shows a similar pattern. Do they check? If they do check are their checks adequate? Or are they simply lying in their final response?
They also point out that I paid off the balance in 2015 which indicates that I was managing the account responsibly however any adequate checks was shown that this was paid off by a loan company with whom I took out a substantial secured loan.
Sara (Debt Camel) says
Send it to the Ombudsman and put in your complaint the point that you dispute their statement that they checked your credit record and saw no payday loan activity for each of the limit increases.
Becky says
Hi guys
Advice needed please !!!
Have complained to aqua regarding unaffordable lending on credit card.. have just called them and been told my complaint has been upheld and £126 interest has been refunded to my account !! The advisor then went on to say that the last credit limit was deemed as unaffordable and shouldn’t have been offered but the rest were fine !! I don’t agree with this and will be sending to the ombudsman, I have to wait for the letter as they will not email it to me, so don’t have all the details however should all interest from the point of that increase not be refunded ?? Looks like they’ve literally refunded one months worth of interest .. this last limit they are talking about was in 2016 so I’ve been paying interest since then at approx £100 per month !!! I’m so chuffed they’ve at least upheld some of it but still don’t agree !! Has anyone else had a similar situation ? I included with my complaint a copy of the letters they sent saying I was showing signs of financial difficulty as I had only been making minimum payments ect !! I then included the letters I received 15 days later saying that I was a great customer who was managing g my account so well that they were offered g me a credit limit increase.. they don’t this at least twice .. any advice is appreciated
Sara (Debt Camel) says
however should all interest from the point of that increase not be refunded ??
There is an argument to say that as it was only the increase from £2000 to £2500 [or whatever] that was “unaffordable” then they should only refund the interest you have paid on balances over £2000.
But as you don’t agree with the earlier increases either, there isn’t much point at the moment worrying about their calculation.
Liaa says
Well I have had a email from FOS saying shop direct have made a offer of 3400 plus 8% interest she thinks this is a good offer that I will be accepting. I have waited over 2 year but got there in the end. It’s worth waiting
Brian says
Bit of an update here [on my Aqua complaint https://debtcamel.co.uk/refunds-catalogue-credit-card/comment-page-11/#comment-311903%5D
Complaint was picked up by an adjudicator late last year. Had regular(ish) contact with him and he has been quite frankly brilliant. Kept me in the loop every step of the way and has been only too happy to talk me through anything on the phone or by email!
Received his decision last week that he agrees that every increase they have given me in the last 6 years (from £1500-£5800) should not have been given without further income/expenditure checks. And that had those checks been carried out he was confident the increases would never have happened.
His recommendation to put things right is the standard refund of all interest paid on balances over the original balance plus 8% stat interest and a further £100 for the stress and trouble they have caused me (I never asked for this he added it on himself).
Did warn me Aqua are likely to push back on this and it will more than likely have to go to the Ombudsman but still feels like a huge weight has been lifted.
Again, thanks so much to this site and Sara, thanks to them I will be debt free in a few months and that is no joke considering this time last year I was borrowing from payday loans to service £35k worth of debt.
Will update again once I get a response from Aqua
Glen says
Got a letter through off Marbles today at least acknowledgment of my complaint, so I start the process with these, unusual it’s all by letter .
I await one from Aqua.
Fee says
Hi Sara
Can you help with an email contact for a marbles credit card please? I’ve seen comments about Lending Stream being obstructive as they won’t allow customers to email complaints, I think Marbles are the same. I can’t see an email anywhere, just an online contact form.
Many thanks, Fee
ROBERT says
I am having a lot of trouble with complaints to Aqua and Marbles cards. They will not give me a final response.
The complaints were lodged Sept 12 2019. They have been referred to the FOS since December.
They too have not even started work or picked up my complaints.
Every time I ring Newday cards, they either don’t answer the phone or they keep saying they are waiting on information from another source and then they say sorry.
Should I email their Chief Executive? Anyone out there having problems too?
Paul says
To be honest its going to be a case of just waiting now esp with staff being off ill etc.. with this virus situation, if you have logged with FOS you have done all you can for now
Dave says
I had an initial decision against Vanquis not upheld by an adjudicator at the beginning of January. I responded to it with evidence against their decision for further consideration with the thought that if that still didn’t sway things, I’ll escalate to an ombudsman.
I’ve been regularly asking for an update as I wondered why it was taking so long to consider my points. The adjudicator originally stated he was waiting for Vanquis to come back to him following the points of made, then nothing for ages, then he wanted to speak to someone more senior on how to proceed, now this:
“The FCA and ourselves are currently reviewing our approach on these sort of complaints, so I am currently waiting for confirmation on how to proceed.“
What does this mean exactly? Also, something similar to that was said to me when I queried why my 118 complaint was taking so long back in October/November and that complaint has also not been progressed. Is that just a standard line?
Sara (Debt Camel) says
I don’t think this is anything to be worried about, it just means delays. Do you owe Vanquis a balance at the moment?
So far as I know, FOS now have a pretty standard approach for loans such as 118 and recently more of them seem to be being settled.
Dave says
Yeah I have a credit limit of £3,500 and I have an outstanding balance of around £350.
Becky says
Hi finally received my reply from aqua .. they don’t agree that they lent irresponsibly apart from one increase.. they say that all other increases were affordable however they have closed my account !! .. I’m furious about this as although I don’t want to use the card again it’s contradictory to there response .. I’ve just spoken to someone at aqua who said it has been closed because I complained !! How can this happen.. the letter states that I should have told them I was in financial difficulty ! This is the exact reason that I never told them .. fortunately I don’t have a balance because imagine how much stress this would have put me under !! .. I’m sending this straight to the ombudsman and also hope that this will add a little clout you my complaint the fact that they have closed my account without even telling me
LYNN BLANEY says
Has anyone received a redress from very. Have a complaint in with them for 64 days now and have called them again today to be told their customer excellence team are still reviewing the case. Have asked for something in writing from them to send case to FOS with some proof that they haven’t reach a final decision.
Just wondering if anyone has been successful either with very directly or had the ombudsman upheld their case
Sara (Debt Camel) says
you can send this to FOS now, you don’t need anything in writing from them.
Lynn says
Thanks Sara will send now. They’ve had enough time to say yeah or neah
MsP says
Hi Sara
I have an overdraft of £800.
I started with a £100 overdraft around march/april 2015. I was not working at the time- infact I didn’t start working until 2018. I was not on any benefits (partner worked) and there was no income/benefit payments ever made into my account.
I increased the overdraft a few times over the space of maybe 5/6 months until I got to the maximum they would allow which was £800. I was gambling an awful lot (no longer an issue). Looking back at old statements in one month alone there was over 80 gambling transactions 😮 (this would have been in between overdraft increases). I can’t tell from the statement exact dates of overdraft increases.
I’ve never been able get out of the overdraft. It’s a vicious circle, I’ve been paying between £16- £19 a month in fees and interest for years and god knows what I’ll be paying a month once the new interest fees take effect.
Do you think theres any point in me complaining?
Sara (Debt Camel) says
yes I think that is worth a complaint.
Well done for stopping! What are the rest of your finances like at the moment?
MsP says
bad tbh but I’m pretty confident within the next 2 years it will be all sorted. I know what I need to do and I’m determined.
The gambling was an issue for a long time, longer than I realised tbh looking over old statement was an eye opener.I self excluded for 5 years and signed up to Gamstop about 7 months ago.
In regards to the complaint about the overdraft. Do I go down the irresponsible lending route? Its RBS, I know you dont have a magic ball but from your experience do you think I have a decent chance of getting anything refunded?
Sara (Debt Camel) says
Yes, you say the bank should never have increased your credit limit as it could see you had no income and a gambling problem. I can’t guess at the probability, but does it matter? Hope for the best but plan for the worst is a sensible approach to take. You can’t be sure you will get anything and it’s likely to be slow as it will probably have to go to the ombudsman.
If you think your situation has been made worse by coronavirus, I suggest asking RBS now if they will freeze interest charges. This is separate from your irresponsible lending complaint.
Rob says
Has anybody had any experience of M&S Bank credit card and loan affordability claims? Not often seen them mentioned?
AJ says
Hi All, Just a quick question. My partner and I both have Aqua credit card debts which were passed on to Cabot 18+ months ago which we have been paying token amounts to. And we can see these accounts when logging onto our Cabot accounts online. However when looking at all the credit reference agencies available (creditkarma, equifax, experian, clearscore) these debts are not shown!
Is there a reason for this and if so could somebody please explain.
Thanks
Sara (Debt Camel) says
How long ago did you default on these debts?
AJ says
Hi Sara, It was back in August/September 2018.
Sara (Debt Camel) says
oh so it’s recent. then I have no idea why they aren’t on your credit records.
AJ says
It’s really weird! I/we want to start an affordability complaint with Aqua but without the information from credit reference agencies, i.e. dates, amounts etc. We don’t know where to start!!
Sara (Debt Camel) says
oh just send a vague complaint in! You can always send them a Subject Access Request separately asking for specific information you think you need, but these complaints take a very long time to go through so I would kick the complaint off now describing, without numbers and dates, the impact on you of having to make the Aqua repayments and how they increased your credit limit.
Diane says
Hello, I have had a complaint with Shop Direct since the beginning of August last year, after a phone call in December, I was told it was upheld and money will be with me mid January. I rang in January and was told something totally different and it was still being looked into and to give it till March. I fully appreciate our situation at this difficult moment in time but rang the number expecting to be told it will take much longer which obviously I completely appreciate. However, the message was that everything is running at a reduced level and the number is no longer in operation! Are Shop Direct still going to be looking at these at some point in the future?
Many thanks
Sara (Debt Camel) says
I don’t know, sorry. I suggest you send the complaint to the Finacial Ombudsman and say what has happened.
James says
Hi
Well I can quite believe it although I’m now furloughed at work but hopefully I’ll still have a job after all this I’ve won a big claim against lloyds (almost won), I’ve had back the best part of £5,000 from my payday lenders, I stoped using payday loan at the beginning of 2019 & jan 2020 all payday loans cleared.
I also complained to my bank & 5 credit card company Sept 2019, yesterday morning the ombudsmen after being rejected by lloyds has sent a 12 page reply but the main point being lloyds have to pay me every charge & interest fee charged from July 2014 to date, in October 2019 lloyds agreed to freeze my 5k overdraft if I agreed 12 monthly payments (I’m half way through), I’ve spent everyday in my overdraft from late 2012 to date (due to gambling which I’m well recovering from)… inc stat interest lloyds owe me £9,000 … I used the handy app and wrote down every penny by month over that period … some months I paid them £214 in interest and charges .. shocking
After the clear my overdraft that will leave me £6,000, which I will use to buy my first car & clear my credit card debt (also waiting on strong complaints) … I can’t quite believe I’ve won a complaint against my bank though !
James
Sara (Debt Camel) says
excellent news! Not sure if this an adjudicator decision or the second, Ombudsman level? If it’s an adjudicator decision fingers crossed that Lloyds accept it and don’t drag this out.
James says
Hi Sara it’s a provisional ombudsmen decision, it’s a weird step that happened to me with lending stream too, the adjudicator did not decide in my favour but out of 12 complaints this was the only one I had not done in writing & there were many points the adjudicator failed to look into.
So he escalated & I have a provisional ombudsmen decision in my favour … but yes lloyds have 2 weeks to accept or give further evidence .. I won’t count my chickens but I didn’t think I would win a claim against a bank!, let alone for it to be for every charge in the last 6 years.
I have 5 credit card complaints & if I win this one it should hopefully help towards these complaints too… & if I win them also I’ve got a deposit to buy … however for now I am payday loan & gambling free thanks to this site & with a payout from lloyds my overdraft is gone & I can buy a car & have 5k in my bank then start paying my final debt the credit cards
I’ve decided to do my bit for karma & as I need this money so cannot fund citizens advice just yet I’m signed up to volunteer for the nhs, and in the summer I will he making a payment to citizens advice.
I will go over ‘my story’ on here when all my complaints are done, but thank you early 2019 I was ready to end it… my life is so much better now, I have constant battles with gambling but I’m winning!
James
Shaun says
Hello, I had a very account for years! Probably opened in 2012/13 and got a loan to pay off balance because of how much interest was paying about 2 years ago.
Because I payed off and never used again they have closed my account. All I have is bank statements now of every payment each month. I think I got 2 credit increase in this time frame and had all sorts of borrowing going on. Loans/payday loans etc.
Is it worth following up complaining or will it be very difficult? And also is there a complaint to be had? I was just paying money hand over fist but I used there credit limit and probably got meself into a mess but couldn’t get out of it for interest for years.
Any advice appreciated…
shaun says
Also I missed payments on the account regularly in about 2014/15/16 payment plans also
Sara (Debt Camel) says
If they increased your credit limit after it was clear you were in difficulties then you can argue that was unaffordable. Read the article above – you are the only one who can judge if the limits were really too high.
shaun says
Thanks Sara, il go through it now.
Charlie says
Just wanted to see where I go from here.put a complaint into aqua for irresponsible lending last year which they did not uphold. Sent to ombudsman which he has now not upheld either. My credit limit was initially £900 in July 2016 and finally £5200 in March 2018 with 3 increases in between. I pretty much made minimum amount payments all the while. Ombudsman says they did checks and was appropriate but I just don’t agree. Is there any point in me continuing and asking for a review? Thank you
Sara (Debt Camel) says
so your decision is from an adjudicator who is saying you can ask for it to go to an Ombudsman?
what is currently happening with this – do you still owe as much?
Charlie says
Hi Sara, no it was the response from an investigator from the ombudsman service. He is saying I never told them I was struggling, that they used appropriate checks to increase credit limits and that I didn’t adhere to the contract and that is why my credit score has been affected. He also said in my initial complaint that Aqua offered help (as in payment plan) and I didn’t contact them about this. I still have that limit, the amount is still owes and I make minimum payments. I’ve had other debts too, payday loans, credit cards, store accounts etc.
Sara (Debt Camel) says
investigator = another word for an adjudicator
I didn’t adhere to the contract
did you make late payments? miss payments?
Aqua offered help (as in payment plan) and I didn’t contact them about this
how long ago was that?
are you currently struggling with a lot of your debts?
Charlie says
Yes, I did make late payments, not all the time but sometimes. Initially he said that there wasn’t a great record of making late payments or missing payments but now he is saying that I didn’t adhere to the contract by not always making payments or not paying enough, that’s why I didn’t stick to the contract and why my credit score suffered, that it was my fault.
Offered help last November when I got the result from my complaint from Aqua.
I’m not struggling now, had been struggling really bad but managed to get myself in order.
My issue is I was always at the end of my limit and they just raised my limit until it got to the point where my payments were £270+ a month and this was on just one card! I also had a capital one, mbna, Barclaycard, Nat west and 118 card.
I guess I just need to know why he is so assertive in saying it was my fault for it all and that aqua had done everything correctly. Particularly when it was them that gave me the increases, I didn’t ask for them.
Sara (Debt Camel) says
I think this is worth taking to an Ombudsman. The point is they increased your credit limit massively in less than 2 years, during which time you had made minimum payments and not always on time. And they never checked to see that the much large limit would be affordable or they would have aseen all your other borrowing.
Charlie says
Perfect, thank you. It just annoys me that the investigator mentioned that he felt they had done appropriate checks when they increased my limit and that they felt it was reasonable to increase my limit over two years to that amount!
Once again, thank you for help and anything you can tell me to put in my response that may help my case would be great too.
Carol says
Thank you so much for your site Sarah I have another success. Very catalogue see wiping £1350 and a cheque for £325 . This will clear and close my account. I also got a great outcome with likely loans, onstride and Peachy so all are cleared and closed. Slowly but surely getting my finances back on track.
Stay safe x
Simeon says
Hi guys have a complaint with Vanquis, mainly about the credit increases during a short space of time even though I made min payments and even missed some aswell as having the same problem with other creditors on my credit report. Received this from the FOS today:
I writing to give you an update on your complaint.
Since we last spoke, I’ve received some information from the business which has led me to believe that your complaint would be better dealt with by a specialist investigator. I have therefore placed your complaint in the appropriate que to be allocated to the specialist investigator.
They will be in touch to introduce themselves once the case has been assigned. Unfortunately, at the moment we have a back log of complaints and I won’t be able to give you an indication of when you can expect your complaint to be assigned. But rest assured they will be in touch as soon as possible.
Does anyone have any idea what information this could be or what a specialist investigator is?
Has anyone had any success with Vanquis recently? Had been with the FOS 7 months before being picked up
emma says
I’m in a similar situation but mine is Barclays picked up in November by January my adjudicator decided she would pass mine to a specialist team saying they deal with high cost credit and to make sure us in a similar situation all get the same outcome still not heard a thing since
Catherine says
My next and very accounts kept increasing previously, I thought it was just automatic when u paid minimum payments, should they not be doing it?
Sara (Debt Camel) says
you mean they kept increasing your credit limit? A lender should consider if the additional credit limit was affordable for you.
Catherine says
Thank you. I will have to have a think about this. It was never queried before any increase with either company. The only time it was ever queried online, I rejected them. So maybe it’s worth contacting these companies too.
Marie I says
So I have 2 complaints as guarantor being investigated and I have made 3 complaints to payday lenders (only made these today). Another lender have already refunded interest I paid without the need for me to make a complaint (apparently they realised their error). My question is…..during the year that i took these loans and acted as guarantor for my ex-partner, I was also accepted for 3 credit cards (which I maxed out). Am i able to complain about these too and would the process be the same? If i recall correctly, my credit limit was actually increased on one of these. I was also accepted for 3 store cards, one I maxed out the other 2 I didn’t use (luckily).
Sara (Debt Camel) says
These complaints are hard to win unless the original limit was very large or the limit was increased a lot. See the article above for details.
Ross says
Hi, hoping someone can clarify.
I had a card with Vanquis, which they sold to the debt collector- I’ve been paying a tenner a month to them. I made the usual complaint requesting refund of interest and charges and to have any poor history cleared from my file. It’s been picked up by the adjudicator; if they find in my favour, how is the debt settled with the debt collector? For example if the debt is currently 2k with the debt collector and the adjudicator refunds me 2k- do I then need to give that money to the debt collector or do they clear the debt with the debt collector as part of the decision and I would receive 2k (figures are all examples)? Thanks R
Sara (Debt Camel) says
The exact mechanism us up to Vanquis. Often the lender will buy back the debt from the debt collector and settle it. In your example yiu will not have the debt wiped AND get 2k in cash.
John Smith says
Hello,
Thanks for this great resource, I’ve just been reading through it all + comments – very helpful.
Is it worth pursuing one of these cases if your goal is solely to have these (defaulted) accounts removed from your credit file?
I had a bunch of credit cards / catalogues around 2 – 3 years ago, all now settled except for one which is in payment plan. We’re applying for a mortgage in Jan 2021 and it would help greatly if I could have some of these defaulted accounts removed (5 in total).
I think I fit the criteria for unfair lending, as I had a lot of debt at the time and was falling behind with other accounts.
I’m not interested in reclaiming any money (though it would be nice), I just want to clean up my credit file as best as possible, it’s spotless for last 24 months, but that’s not enough for most mortgage lenders.
Thanks
Andrew says
Hi has anyone had an interest refund from Barclaycard I have just looked at my account and had 2 interest repayments total over £500 on my account, also to LTE payment charges does anyone know what this is for.
Alex says
Hi Sarah, I received from Amex a credit card with 7K limit when I had numerous payday loans and other credit card. I think the credit provides was disproportional to what I was earning at the time. Do you think the above complain steps would apply to this scenario?
Thank you
Alex
Sara (Debt Camel) says
if you think the limit was much too large for you, then you can complain.
Dave says
I had some good news today. The adjudicator on my complaint against Vanquis didn’t originally uphold my complaint. However, I disagreed with their decision and provided further evidence and argument. This was back at the beginning of January. It’s taken a while but the adjudicator called today and has upheld my complaint! Over the moon.
Just wondered what’s Vanquis are like in accepting the adjudicators decisions?
emma says
I’m in a similar situation but mine is Barclays mine was in January as well but after providing loads more evidence my adjudicator passed it to another department so I get a fair outcome not heard anything since I’m hoping any day now I’ll hear something as she said might be another 3 months and I no there working from home so your post gives me some hope originally sent it September last year so it’s taken ages allready x
Dave says
The adjudicator on my case advised me a couple of months back that they were reassessing how they deal with these types of complaints and were awaiting instruction from the FCA on this. In his final conclusion, the adjudicator has stated to Vanquis that he’s overturning his original decision based on further evidence and “in light of our updated approach to complaints of this nature” which I think is interesting.
Only wish another adjudicator had waited for this updated approach on my Aqua complaint a couple of months back. That one is in the queue for the ombudsman now.
emma says
This is what reply I got:
Thank you for your patience while I considered the further information provided post my assessment on your complaint.
I write to inform you that we’re going to review the merits of this complaint again to fully address the points raised by you. To do this, we’ll have to ask Barclays for some extra information in order to be able to provide you with an answer on your complaint.
As we need to ask for this information from Barclays, I am arranging for your case to be passed to another team for this to be done. It’s likely that it’s going to be a few more months before we have all the information, we need to give you an answer on your case, but once we do, we’ll be in touch with you
Nick says
Hi Sara, I’m looking for some advice. I am finalising the estate of my late Father who passed away. He had managed to have credit card debts close to £60k, across three providers, with a large chunk through NatWest (about £26k). I raised a complaint with NatWest under irresponsible lending, citing my Dad had used credit cards as a means of living and regularly taking cash advances to pay other debts. NatWest didn’t uphold the complaint, so I took this to FoS, who also couldn’t upload the complaint due to this:
“We cannot usually look at a complaint that is raised more than six years after the event complained about or – if it gives a consumer more time– within three years of when they should reasonably have been aware of a problem.”
As the credit cards were taken out in 2007 and 2011, both the bank and FoS are saying the time limit for a complaint has expired. This feels like a technicality / loophole that the bank is using to their advantage. Surely I should be able to raise the complaint after the event? My Dad didn’t raise a complaint as he was so heavily reliant on the credit cards, but being self-employed, his earnings were variable and the interest alone was close of £1000 which he was struggling to pay. When he took out the credit cards with NatWest, he already had a secured loan, and other credit cards.I am wondering whether to re-raise with FoS. Do you have any suggestions?
Sara (Debt Camel) says
FOS can’t look at a case about lending before April 2007.
It will sometimes look at cases after that date and older than 6 years but it becomes hard to get evidence about them and this can be even more so if you are complaining on behalf of your dad. Were the credit limits increased in the last 6 years?
Nick says
No the credit limits weren’t increased on either cards, one card had a credit limit of £6k and the other £20k, which I think is an extremely high limit to issue someone. I don’t understand how they cannot check against income before issuing this amount, and based on the fact that he already had credit lines with other companies. For me, this is irresponsible, regardless that he signed an agreement.
Sara (Debt Camel) says
was the 20k card the later one?
Nick says
Yes, that was opened in 2011
chris says
Hi Sara I want to complain to the FCA about Premierman. They have just sent me a letter telling me that because of ‘an increase in risk’ the interest rate on my account is to rise to 69.98% p.a. I have a balance of £0 and a credit limit of £300. All the payments have been made on time. I have been across to MoneySavingsExpert to work out how long it would take me to pay off £300 on minimum monthly payments – and the answer is over 100 years! I want to bring this to the attention of the FCA – it is surely totally wrong for a credit agreement to indebt you for life in this way. Is there a way of contacting the FCA? They say their T&Cs allow them to do this but this kind of account surely needs closer scrutiny? And yes – I won’t be using the account again!
Sara (Debt Camel) says
You have the option to reject the increase and stop using the account. So this doesn’t break the FCA rules.
At this point in time the FCA is a bit busy, I am not sure this is worth following up.
You can contact them by emailing them at consumer.queries@fca.org.uk.
Maria says
Hi all,
I have finally received a final response from shops direct who say “whilst satisfied we treated you positively and sympathetically when we became aware of your financial circumstances we have decided to up your complaint based on your credit history and payment behaviour and agree to refund all administration charges applied from point of your credit limit increase there being no interest charge applied to your account. Administration charge £36.00 8% interest £11.73 total refund £47.73”
I am not sure if its worth continuing please can l have your thoughts.
Sara (Debt Camel) says
can you say a bit more about this account, when the limit was increased and whether they charged interest after that point.
Maria says
The account was opened in October 2014 with a credit limit of £750. The credit limit was increased 3 times the last March 2016 to £1,600. I was struggling to make the repayments due to high debt. Interest was charged until they agreed a repayment plan in June 2017
Sara (Debt Camel) says
Would you be happy if interest is refunded from March 16? If you would, you could go back and say you will settle for that otherwise your case goes to the Ombudsman.
Maria says
Yes l would and telephoned Shop Direct today but you get through to a customer service assistant who takes a message and passes it onto the person handling my complaint. I have said that the figure they quoted was a not acceptable and l wanted the interest refunded from March 2016 otherwise l would send my complaint to the Ombudsman. She took down the details and would email the person handling my complaint.
Craig says
Hey there
Does anyone have following email address to. Complain to follow
Evanques
Cap one
Aqua
Littlewoods
Very
Thanks Craig