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?
Craig says
Capital One upheld my first card with a limit of £500 but didn’t uphold my second card with a limit of £1500, I can’t understand how they came to this decision when they kept refusing me a credit limit increase on my first card but let me take out a second card with a much larger limit, i have sent it to the ombudsman!!
Lou7 says
Hi Craig,
Did you wait long for a decision?
Craig says
About 6 weeks
George says
Hi,
I am looking to make a complaint to Very about increasing my limit despite my account being maxed out and my credit being extremely poor.
I am unable to find an email address for them.
I am worried If I send them a letter they will not respond to me.
I had the same issue with Barclay card and Aqua card but contact them through resolver. However, on resolver it says Very do not respond to them.
Do you have any email address for them or do I have to contact them in letter?
Thanks,
George
Sara (Debt Camel) says
I think you need to send a letter. If you send it recorded delivery you will have proof it arrived and you can then send the complaint to the ombudsman after 8 weeks if you do not get a response.
Elle says
Hi, I sent complaints to Very, JD Williams, Freemans, (4 catalogues), La Redoute and Next via Resolver,.. they all replied via letter and not back through Resolver, which was fine and some were quicker to respond than others,.. Very took the longest time but wrote the most detailed reply.
None of the catalogue companies upheld my complaints though, and are all now with the FOS… but yes using Resolver does get your complaints to them…and they do reply.
Hope that helps.
Neve says
Hi, just wondering if anyone had any luck with Simply be/jd williams? The FO has just taken my case and wondering if they usually accept their decisions or not? Any help and info appreciated!
Chris says
My case with JD Williams went to the FOS in June 2019. In April 2020, an Adjudicator got in touch to say he had been allocated the case. It is now three months since he told me this and I am still waiting.
Neve says
Hi Chris, thanks for letting me know! I’ll prepare myself for a long wait then!
Mr and Mrs C says
Hi Neve, My case with Simplybe/JD Williams has been with FOS since June 2019, in Jan 2020 it was passed to an Ombudsman as JD williams didnt agree with the initial decision of having charges refunded. It has been with the Ombudsman ever since. I have had an update this morning from FOS to say that JD Williams are now saying they wont look into the earlier lending – this dates back to 2008.
Gemma says
I put a complaint in with very back in the beginning of February! I had my final response through today and even though they didn’t agree with everything I put in the complaint they have upheld wiped my £700 balance and sending me a cheque for just over £700 this was my last complaint other then amigo which is just the last waiting game on the refund 🙄 but just from the bottom of my heart I can’t thank you enough Sara for all of your help and dedication that you put into this page and I probably speak for everyone that you have helped you are an amazing person so thank you again xx
Fred says
I am considering to make a complaint to New Day, They gave me one card with a high limit and then later within in a matter of weeks gave me cards with amazon and fluid.
I am going to write a complaint. but I still wish to pay my bills as they are whilst the complaint is ongoing. This is because I don’t want to have any payment arrangements on my credit file as I am very close to fixing my mess I am in, But it’s been a struggle for years.
Should I just mention this on my complaint?
Sara (Debt Camel) says
No need to mention it, just carry on paying the bills.
Hannah says
Hello I think I’ve left this on another post but I’ve since found this page.
I complained to very and littlewoods earlier this year I’ve just got a letter back to say they did nothing wrong but they are refunding me around £1300, from interest, admin charges and then simple interest.
I had a CCJ due to one of these accounts and they have advised to contact capquest about this and they have stated they will contact credit references agencies regarding the rest.
My credit rating was ruined (and still isn’t great) because of these I was lent money I could never have paid back (was 18 on a 4 hour contract at work on minimum wage) even when I didn’t pay for accounts they gave me another.
I am planning on sending to the ombudsman. Does anyone have any advice? Re the CCJ / taking it to ombudsman or should I just accept what I’ve been given
Sara (Debt Camel) says
hi Hannah,
I suggest you go back to Very and say that correcting your credit record means having your CCJ set aside (that is the legal term for cancelled) and they need to either get Capquest to agree to do this OR to buy the debt back from CpQuest so that they can do it.
Victoria says
Is anyone else waiting on the FOS to look at a very complaint? I put one in last September with no update apart from they was waiting on Very to give documents. I emailed FOS for an update 3 weeks ago but nothing back yet. My Very account makes up the majority of my step change repayment plan (large credit increases etc) if they did agree and refund anything to shorten my four years left repayment I’d be so grateful.
Jordan says
Hi
I made a complaint about RBS regarding 4 things. In there final response they only addressed one of my 4 complaints.
I contacted them again more than 6 months later to ask them to address the other 3 complaints but they say they’ve already gave me a final response but they literally haven’t said anything regarding the 3 issues.
Can I take it to the FO despite being more than 6 months old because they haven’t addressed my complaint fully?
Thanks
Sara (Debt Camel) says
what complaint did they respond to and what were the other three complaints? why didn’t you get back to them earlier to ask why they hadn’t answered the other points?
did their reply to you mention your other complaints at all?
Jordan says
They responded to my complaint about giving me a big overdraft have taken it away 6 months earlier because I was always going overdrawn. They didn’t respond to chatting me a huge fee when closing my account, wrong default date and direct debit indemnity complaint.
Something was going on a the time and it slipped my mind to respond until it was too late because I was no longer a RBS customer.
No, only the overdraft part.
Sara (Debt Camel) says
In that case I think you can complain to FOS. You had a reply to one complaint, it was reasonable to expect that you would later get replies about the other ones – but these never came.
Pete says
Hi does anyone have any experience with newday (aqua) complaint sent in February and finally had a final response upholding (10/6/20)..
Refund over £1k to come off the balance that had been sold to link financial I’ve been in contact with both as dispite saying they would uphold and reduce the balance nothing has happened
Also should they have added the 8% statutory
Sully says
Afternoon.
Sent in an affordability complaint a few weeks ago thanks to this website, so thanks!
Had a letter off Vanquis not upholding my complaint.
Reasons cited ranged from them being a second chance lender so they don’t do lots of affordability checks (although they said this was important) to the fact I hadn’t defaulted on another card for 19 months.
I have referred to FOS as I’m a little unclear as to how they established this as a simple credit check would have shown that I was on a debt management plan and had defaulted on all of my other credit as a result. It would have also shown a rather large amount of outstanding credit and that min repayments hadn’t been made for some time (inc. catalogues, CCs and many payday loans.) I know my financial position back then was my own fault (it has improved since then) but surely this should have waved about a thousand red flags before they lent me £1000!?
Should I expect the above to have an impact on FOS decision or is that too optimistic?
Many thanks for any replies.
Sara (Debt Camel) says
did Vanquis increase your credit limit?
sully says
No, the £1k was the credit limit they offered when I applied. :)
Sara (Debt Camel) says
It may be hard to win this. The minimum payments on 1000 would have been quite low. These complaints are typically won when they keep upping your credit limit.
Amanda says
Is it possible to ask the FOS to reopen a complaint.
5 years ago i applied online for a credit card transfer with HSBC. Didnt think much of it till a statement arrived showing the other credit card had been paid with a new HSBC one. As i was only enquiring i requested the money was sent back. Few weeks later a shiny new credit card arrives with 5500 credit limit. Long story short my ex maxed the card telling me he would make the payments
.eventually i couldn’t afford payments and went to FOS re irresponsible lending as i had a mortgage arrangement on my credit file due to mortgage arrears. I was unable to afford the payments as i already had bad credit, a credit card of 5,500 and now a new HSBC 5,500.
The FOS said HSBC had done everything correctly. This was about 3 years ago. That was their final decision.
I still dont agree. How can they first admit to paying another credit card incorrectly but then give me further credit of 5500 knowing i was in alot of debt and already had a credit card of 5500.
Do they re look at cases
Thank you
Sara (Debt Camel) says
No they won’t repone a case. I am sorry but you need to stop thinking about this and move on.
amy says
hi i was wondering if i could have some help i had an account with fashion world and studio which would up my credit limit whilst i was on benefits and was struggling to make repayments and was having late payments on there all the time, my fashionworld one alone ended up with a 3 grand catalogue and the repayments were near on 50 a month with 46 pound being taken for interest and i spoke to them about it and nothing was done to the end i couldnt afford to make repayment anymore without leaving myself very short to the point i had to borrow money off family members
Sara (Debt Camel) says
Hi Amy, have you read the article above? That explains what you can put in a letter to complain.
Donna says
Very disappointed to receive two negative reply from FOS on Aqua and Marbles Cards with Newday.
I am reading that people are winning their cases, yet I have not.
Any ideas why?
Paul says
Everyones situation is unique and depends on the circumstances and the arguments you make in your complaint along with proof you can provide, explain to us a bit more might help
Gary says
So my final complaint which I had to send to FOS in April 2019 was picked up by an adjudicator yesterday but apparently they are still awaiting the business file from jd williams bearing in mind this was all well pre lockdown, lockdown is now apparently the reason, oh well at least I know it’s in the queue now so a little more sitting tight, it’s been that long I’ve only got a couple more payments to make to Payplan to clear it which is an awesome feeling.
Lauren Thomas says
I’ve been waiting nearly 2 years, so be prepared for a wait
Sarah says
If i am in a payment agreement with drydensfairfax for Very….can i stop paying if they dont have the credit agreement? My debt is over 3500 and Very would have realised i shouldn’t have had that amount if they’d checked my credit score.
Sara (Debt Camel) says
Do Very still own the debt or has it been sold to a debt collector? When was the account opened?
JA1209 says
Hello everyone,
For anyone who is waiting on fluid, it looks like the turn around is within the 8 weeks!
Unsure of weather my complaint it upheld, or a gesture of good will, but they have refunded all charges and interest off of my balance. Will update with what they have said when they get in touch!
JA
Lou7 says
Hi all,
Does the date of your complaint start the day the letter is sent or the day the acknowledgment is given?
Chris Phillips says
Hi Lou 7
If you emailed your complaint it is the date you sent the email. So if you have heard nothing after 8 weeks from the date you sent it you can then forward to FOS. I would assume it is the same for a letter, although I guess is slightly higher risk as you could put any date on a letter, whereby the email has an electronic time stamp, so I would recommend sending by email if you can.
Chris
Paul says
Its 8 weeks from the day they recieve your complaint, so email you count it as the day you sent it if during office hours, if not the next available day that they are open, post it depends how you send it ie 1st or 2nd but always best to do it signed for as you then have proof of when
Lou7 says
Thanks Chris and Paul for the info.
Zoe says
Hi there, Aqua rejected my complaint so it’s been with FOS since the start of the year. I just called for an update and was told it’s been ‘ring fenced’ as a lot of complaints have been received ‘of the same nature’ so they’ve batched them & are looking into how to deal with them.
Fred says
Does anybody know if there is an issue with Newday’s websites currently.
I have 3 cards with them and recently made a complaint but can’t log into any of them. They don’t seem to have a twitter and calling them is taking forever.
Ed says
Has anyone ever had success with Argos or Next store card complaints? They continually increased my limits while i was already in a poor position. It is going to take years to pay off. I even had to resort to using the Argos card in Sainsburys for food shopping.
I have complaints written out but just worried about sending them, being rejected and having rocked the boat with them.
Can’t really see many success stories with those lenders so really unsure. Thanks for any help or advice m
Micheala says
Hi,
I should have received my refund from very by the 30th of July but it still hasn’t arrived yet. Are there any actions I can take regarding this? They’ve told me it was posted on the 22nd but I have a hard time believing that it’s taken this long to arrive
Sara (Debt Camel) says
Give it another week then ask them to stop that cheque and send you another one.
E says
Same – mine was due by 29th July. Haven’t chased them yet though as I understand post etc can be delayed so am giving them until end of next week before contacting.
Micheala says
Any joy yet with yours? Think I’ll have to give them a ring if I don’t get it by Friday
E says
Hi, no joy yet. Am now away until Monday so if not no doormat when I get home I will also chase. Good luck – let me know how you get on when you chase
Micheala says
Still no sign yet. I contacted the person dealing with the complaint by email asking for updates but they’ve been less than helpful. Im trying to number attached and it’s not ringing which means they must have the phone lines off. Hope you’ve had more luck than me!
E says
Just got home from week away and no cheques so will be chasing tomorrow. Any joy with yours yet? Xx
Micheala says
Hey :) I rang on Friday and was told that it would be here by the latest today, the guy on the phone said he guaranteed it would be here today so will know once I get home from work!
E says
Any joy? I had an email stating there was a delay in processing the cheques so none had been posted yet
Micheala says
No still nothing and I’m getting annoyed because I was guaranteed that it would be here yesterday at the latest and now you’re saying they’ve said they haven’t even been posted yet. I’ve asked if it can be done by bank transfer as on my very account it says the cheque was issued/requested on the 21st of July and each time I’ve rang theyve told me it was posted the day after so I doubt it’s taken 3 weeks to arrive in the post. The person dealing with my complaint said they should have an update for me today so will let you know how that goes!
Natalie says
Please can someone help me with some advice ama bit worried sick.
I complained to Marbles – Newday about affordibilty after a Credit limit and multiple persistnet debt letters ran me up to £5550.
I recieved my final response yesterday and they have turned me down stating that I told them I was earning enough , that I have never defaulted and that I always meet the minimum payment. They have as a result closed my account with them I am so worried as I do not have the £5000 to clear the balance …this will now go against me surely ? I have sent to the FOS but not had a reply as yet any help please this is making me ill.
Sara (Debt Camel) says
They have closed the account so you can’t use it any more but you can just carry on making the minimum payments. Can you afford to do that?
Natalie says
Just about.. will this reflect on my credit score also ? can they demand I repay the balance or do I just leave the DD going Thanks for your help.
Sara (Debt Camel) says
If you haven’t missed any payments to date and you carry on making the minimum payments you can argue that it shouldn’t affect your credit score…
BUT it might be better if you asked them about freezing interest so you can actually start repaying the balance more quickly even though this affects your credit score… If you win the FOS case they would have to remove any credit score payment problems anyway.
Natalie says
No I haven’t missed any despite it being a struggle at times since 2018. They are quite blunt that they are not at fault but I guess they have to be.
I will wait and see what the FOS make of it all I guess , I dont feel very optimistic but will wait and see.
At the time they can see my credit rating was abysmal and I had payday loans and outstanding debts but I guess this sort of card is designed for people whom like me had the above issues. I dont see why it should go against you for making payments on time etc even thou it may be at the expensive of another debtor. Is it worrying me silly this normal practice to close the card down? I do feel a sense of relief at the same time , despite the Final response letter worrying me silly.
Thank you for your help
NG says
Hi
Just after a bit of advice. I complained to jd Williams, they accepted me as a new customer when I was already in a dmp, and it’s slowly increasing from £175 to £1200. But they say my credit score was high (not sure this is possible when I’m in a dmp, and because I kept making the minimum payments they were right to increase my limit.
Do I have a case to send to the FOS?
Thanks
Lou7 says
Hi all,
For one of my complaints to cap1 they said that it’s out of the time limits for referral to the FOS. It says it’s been raised more than 6 years from the date of the account being opened. So I presume I can’t do anything about that? Any info would be appreciated.
Sara (Debt Camel) says
you can send it to FOS who will sometimes look at these older cases. How old is it?
Lou7 says
Hi Sara,
They said the account was from May 2006 when they last increased the credit. They have agreed to the others though and will take over £2000 off the balance once they have purchased the debt back from another company.
Sara (Debt Camel) says
FOS will not look at anything that is before April 2007, so I think you have to give up on this one.
Lou7 says
Yeah I did think that, but on the positive side they are reducing the balance and I am grateful for that. So thank you Sara for all your advice. Just waiting on Littlewoods now.
Tom Halbert says
I have just received a ‘final response’ letter from Newday. I had complained about several credit limit increases from May 2015 to June 2017. The initial credit limit when I first received the card was £250 in October 2014, and in June 2017, this has risen to £5950! Anyway they have got back to me today (4th Aug) and said they decided to uphold my complaint for one of the credit limit increases only in September 2015, when the limit went from £1250 to £2250. A refund of interest totalling £1890 along with £60 in over limit fees and £312 in cash advance fees. The refunds have been reduced from the oustanding balance which is around £6777 approx. I had further credit limit increases in May 2016, (£2250 to £3400), December 2016, (£3400 to £4450) and June 2017, (£4450 to £5950).
I have of course forwarded the letter to the FOS for their reference.
Any comments much appreciated, especially if like me, you think I should be due further refunds for the later credit limit increases.
Cheers, Tom
Sara (Debt Camel) says
That is a strange decision. Quite right to send it to FOS.
Lauren says
Hello after some advice….
I had a barclaycard in 2014 originally a £400 limit increased to £1200 then in the middle of 2015 they decreased it to £1100 (didnt feel i was making the payments etc) then in may 2016 they increased it to £3300.
I was in a vicious cycle of payday loans and gambling at that point. I subsequently entered a DMP December 2016, defaulted my barclaycard which got registered onto my credit file and passed on to the PRA group. Have now successfully paid back my DMP. So all is clear.
Is it worth me putting in a complaint to barclaycard? Have had numerous payday loans upheld already.
Sara (Debt Camel) says
I think that is worth a complaint. They aren’t as simple to win as payday loan complaints, but that looks worth a go. If you win the default will be removed from your credit record. If gambling would have shown on your credit card statement, mention that in your complaint.
Ana says
I sent a unaffordable lending complaint to Vanquis today also. Ps thank you vecy much for all your support given in your website. Will keep you posted. Thanks
Erin says
“But if you have had an IVA or bankruptcy after these problems, or if you are still in a DRO, then you shouldn’t complain – ask in the comments below for details.”
I ended up with an IVA and a credit card with a limit of £10k granted by barclaycard was a significant chunk of the debts. If I were to follow this procedure would it be due into the IVA “pot”?
Sara (Debt Camel) says
That is VERY likely. I can’t say it would 100% be claimed by your IVA firm but you should assume it probably would.
Steph says
Hi Sara, I have approx £18k in debts, all bar one is credit cards and personal loans. I am disabled and live on benefits and PIP. I got the first of my c.c. with aqua in 2015 followed by vanquis, capital 1,Amazon, PayPal, Very, Halifax and Bank of Scotland. The last 2 in Dec 2018. All limits have been gradually increased ranging from £750 to £2,700, Plus a loan with Aqua and Likely Loans Which were taken out within 3 months of each other, one for £5k and the other for £3k I also owe my solicitor £3,400. In September 2019 I could no longer keep up the minimum payments. I had been juggling payments for several months and even before that only making the min required.On the advice of national debtline I wrote to all my creditors asking them to freeze interest and fees as at the time I was hoping to do a DRO, however this failed. I then wrote again asking them all to write off the debts as my situation was unlikely to improve. As of today there has been no response from Vanquis, Very, Aqua Loans, Paypal and my solicitors.Likely Loans have written off my debt. Capital One has frozen my account for 3 months, Aqua/Amazon have asked for more information which I provided them a month ago. I realise that coronavirus has slowed everything down but wonder whilst I’m waiting if it would be worth putting in claims for irresponsible lending. I would add my credit rating was poor due to living abroad for several years. What are your thoughts please.
Sara (Debt Camel) says
why did your DRO fail?
Steph says
My ex husband bought an old cottage in Greece in 2005 and my name was also on the deeds and as part of my divorce settlement he was supposed to transfer it into my sole name. He has refused to so and the house has been empty for 6 yrs and even though I can’t do anything with it etc it meant I didn’t qualify for a dro. There is very little value in the house (approx €30k max) as it needs renovating.
Sara (Debt Camel) says
ah, sorry to hear that – a maddening and pointless restriction.
My thoughts are:
– you may be able to win some claims for unaffordable lending. For the credit cards and catalogues use the approach and template on this page. For the loans, use the template here: https://debtcamel.co.uk/refunds-large-high-cost-loans/
BUT this may not be a great route for you because:
1) you may well not be able to win for the first few debts you had
2) it is easier to won a claim where a lender has repeatedly raised the credit limit, but here you often onlt win from the date of the later increases
3) if you win a complain only the interest is removed, not the amount you have borrowed
4) from what you have said, you have not had the accounts for long enough for it to be likely that you would actually get any cash refund which would let you clear other debts where you either can’t make an affordability complaint (the solicitors bill) or a complaint is rejected
4) these cases can take a VERY long time to go through. Years.
So after 12-24 months you may be able to get your debt reduced. If it goes down from 18k to 13k (I simply made that up, I am not saying it is likely you could get your balances reduced by that much) then you are still left with a mountain of debt you cannot repay.
National Debtline recommended a DRO. On that basis it is highly likely that your best option now is bankruptcy. If your main concern is how to pay the bankruptcy fee, then:
– read https://debtcamel.co.uk/help-with-bankruptcy-fees/. That has ideas that may help.
– read https://debtcamel.co.uk/pay-bankruptcy-fees/ which looks at how to pay the fees in installments. If you can put £50 a month away for the fees, then you will hav them saved up in just over a year – that is a route which will see you clear of these debts, going for a lot of affordability complaints is unlikely to.
Marie says
Hello
I’m just reading these and I have had one of these letters from Barclays, regards a credit card, I am currently two years into an IVA and wanted to know if it is worth complaining? I am about to get a PPI pay out which will go to my IVA. Also I had another credit card to build my credit rating which was increased to around £5000 within months of having it, is it worth contracting them as well?
Sara (Debt Camel) says
If you get any refund/compensation, it will either reduce the debt in your IVA or it will be paid to your IVA firm. Same with your credit builder card.
How large is the PPI payout going into your IVA, dud you claim thus or did your IVA firm?
How large were the debts going into your IVA?
Lou7 says
Hi all,
I had read the cap1 letter and they said they will use the refund to go towards the balance which is great but it doesn’t say if I have to reply to say I accept the result. Do I just let them get on with buying back the debt now and sorting it out or have I got to confirm that I agree with them?
Lou7 says
Hi all,
If I don’t receive a response from Littlewoods by tomorrow which will be the 8 weeks then I can just send it straight to the FOS can’t I? How long are people waiting in catalogue complaints? Any info would be appreciated.
Charls says
I sent a complaint off to very on 21st May and got a letter on 3rd Aug offering me a refund of some of the interest.
I did get an email just after 8 weeks saying things are taking longer due to Covid-19.
So hopefully I should get a cheque in the post in the next 21days!
Lou7 says
Thanks Charls. If I don’t hear anything by Wednesday next week I shall send it to the ombudsman. The only thing with Littlewoods they don’t have an email address to request an update. That’s great news for you and fingers crossed for everyone else.
V says
Hello
I’d like to complain to Barclays and Barclaycard initially due to giving me a loan and a constantly increasing my credit limit which is now at £10.5K! I have a few other cards and now entering a DMP. I’ve never missed a payment and generally used the cards to move money onto them when there is a 0% deal which over the years I have done a few times. Can I still complain and what compensation could I get from them, if any? Thank you
Sara (Debt Camel) says
how large was the Barclays loan?
did you ever make more than the minimum payments to your Barclaycard?
how large are the debts in your DMP overall, and how much are you paying to it each month?
V says
Hi Sara
Thanks for the reply. Debts in total are about £45K. Only ever made minium repayments. The original cost of the Barclays loan was £25K. We are going to start paying £117 pm from Sept into the DMP
Thanks
Sara (Debt Camel) says
are you buying or renting?
V says
We own our home.
Sara (Debt Camel) says
OK well it is worth seeing how far you can get with affordability complaints to reduce the debts.
Gazcoyne says
Hi,
I have put in complaints via email to Vanquis and Capital One. My question is, how do I complain to Newday (Aqua) online? I can only see phone numbers (which I hate using due to lack of audit trail) and postal address (which can take so much longer/claims of non-receipt etc), does anyone have an email address that they’ve had success using with Newday/Aqua? Thanks everyone.
Tom says
I started my complaint with newday via resolver. They only ever responded in letter, but it worked well to get my complaint started.
Gazcoyne says
Ah yes, I saw that! Maybe I’ll do the same then. Thanks Tom.
Roisin says
Hi there,
Very interesting info here firstly. I have hubby looking at his accounts as we speak.
I however, committed to an IVA in May 2019 following a rapid increase in debt due to home adaptations for my disabled child.
I had been using my Barclays credit card, Halifax credit card and then rejigged a Barclays loan a few times in a short period.
As a result the debt is approx £26-27k. This is now being dealt with by my IVA provider and I am making monthly repayments. Would I be able to pursue a complaint? Particularly relating to the loan, my Part time wage would have been around 900£ pcm with the loan repayments being approx £240 from memory. But my household bills would have been more than the difference.
Some advice for those who are already in DMP’s or IVA’S would be great?
Sara (Debt Camel) says
Anyone in a DMP can make a complaint and if you win either the balance in your DMP will be reduced or you will get a refund.
But in an IVA any refund will be claimed by your IVA firm and it will not generally reduce the amount you have to pay into your IVA at all, so there isn’t much point in making a complaint.
michaela Morgan says
I wrote to Vanquis to complain on 14/8/18 no reply from them at all so 9 weeks later on 17/10/18 I reported it to the ombudsman. Icomplained to 4 companies at the same time & reported all of them to the ombudsman on the same day. I got a reference number then nothing else. So fast forward about 6 – 8months & i started to get details from ombudsman saying they were looking at each complaint. One complaint would be dealt with then around 8 weeks later Id hear another & so on with final having only been settled in May 2020. I emailed the ombudsman for an update on vanquis complaint in Feb 2020. I got an email today, 6 months later!, saying that they wrote to me shortly after I originally complained to say theyd told vanquis to send me a final response & that when I received it I had to complain again. I NEVER received that letter & as far as I was concerned I had referred my complaint to the ombudsman & that they would deal with it in due course. The adjudicator at ombudsman are saying that as Vanquis sent me their final response in Nov18 & i didnt complain until Feb20 I am outside of the 6 months deadline so they wont look at it. As far as I was concerned I complained in Oct18 and only asked for an update in Feb.
Where do I stand please as if the decision goes the same way the others have done it was likely to be worth about £6k with written off debt and a removed default. Its a bit much to just roll over and let it go when I feel its an error on ombudsmans part??.
Sara (Debt Camel) says
This seems odd. It is hard to see why FOS would have treated 3 complaints one way and one in a totally different way. So I can see why you didn’t realise you had missed getting a letter from FOS or from Vanquis – but equally it seems strange that you never got either letter, unless you have a lot of post problems?
Michaela Morgan says
I think i received the final response from vanquis however they say this was 25th November, another 6 weeks after I had complained. I believed the FOS was already looking at the complaint so didnt do anything with it. I definitely didnt receive the letter from ombudsman though.
Sara (Debt Camel) says
so was that what happened with the other three complaints – you received responses from the lenders in the end but your FOS complaint just carried on?
E says
My Very cheques turned up today so fingers crossed yours do x
Micheala says
That’s fantastic happy you received it! Fingers crossed mine is here tomorrow then if ours were a day apart! Happy it’s all resolved for you!
Evan says
Hi Sarah, I had been given a £600 credit limit with very, at a time when I was really bad financially. Loads of loans (over 4), some which were late, all while I was seriously gambling. I did the plan where no interest is put on your account until after 6 and 12 months, however I believe I should not have been given a £600 limit based on how I was extremely in debt and gambling during the time I had been accepted. Does this sound like a valid reason to complain? they did not increase my limit or anything just gave me a £600 limit. I’d also like to add that I had credit with studio which was behind too, so I feel like a number of red flags should have been raised when I had applied.
Sara (Debt Camel) says
So you were given a 600 limit and used it to get buy now pay later deals which were interest free?
Evan says
Hi Sara.. yes they were intrest free until a few months after. But I instantly was given £600 credit which I used to buy stuff to sell to then gamble
Sara (Debt Camel) says
That’s a pretty low limit. I think you will find it hard to win a complaint about that.
Evan says
Hi Sara. This was all during a time when I had so many other loans which I were behind on. Now I have paid all/most the loans off but the buy now pay later service had added so much interest. Would you say its not worth doing a complaint with very based on a £600 limit then? Thanks
Sara (Debt Camel) says
I’m saying it may be difficult to win, but you can try.
Did you make the minimum payments to the account? Or did you stop paying and they carried on adding interest?
Michaela Morgan says
Yes I didnt need to contact ombudsman again until they started looking into the complaints and asked for more info such as bank statements and credit reports
Sara (Debt Camel) says
ok, then I suggest you reply to FOS saying
1) you never received their letter telling you had to submit a new complaint when Vanquis had responded
2) you weren’t expecting this letter from FOS as the 3 other complaints you submitted on the same day as the Vanquis one (give their reference numbers) were all handled without you needing to put another complaint it, so you had no reason to think the Vanquis one would be different.
3) you originally sent your complaint to Vanquis on dd/mm/yy, 8 weeks before you sent your complaint to FOS. So you had sent in a valid complaint after 8 weeks and there was no reason why FOS require you put in another complaint.
Ask them to reconsider their decision, as you had sent in a complaint at the correct time and so it was valid and should be assessed by FOS.
Michaela Morgan says
Thank you very much for your advice. I will write back to them now. Many thanks
Anita says
Hi Sara,
The adjudicator has ruled my case against Shop Direct in my favor. I got quite substantial cimoansation although the cheques still not arrived. I got a final response in May, got a couple of cheques but the rest is not coming. I have been advised that they have been printed in June but it is August now. Any thoughts what shall I do?
Thank you.
Sara (Debt Camel) says
got a couple of cheques but the rest is not coming.
why have they sent you two cheques for part of the amount????
Anita says
Sara, purely because I have 7 accounts with Shop Direct. It is really annoying waiting for the remaining ones to arrive knowing that something is not on
Sara (Debt Camel) says
ok, a separate cheque for each account. Still very annoying for you but that explains why you aren’t just getting a single redress payment.
I suggest you email suzanne.edmondson@shopdirect.com, explain the adjudicator decision in your favour was in May (attach a copy) but you have only received 2 out of 5 cheques and ask for the remainder of your redress to be paid promptly. Say if you do not receive the remaining cheques within a fortnight you will be informing the FCA about Shop Direct’s delating in providing agreed compensation.
Lou7 says
Hi
Can I use that email address to see how my complaint is going? Only I received an acknowledgement of my complaint on the 19th June but not heard anything since.
Sara (Debt Camel) says
no, yours is barely at 8 weeks. Send it to FOS at the 8 week point, you will rarely get a goor offer direct from thee lenders so there is no point in waiting for one or trying to push to get one.
Lou7 says
Thanks Sara.
Jamie says
Hiya, I made a complaint about aqua lending when I was just 18. They continued to increase my limit despite me nearing the limit every time. They haven’t upheld the complaint because they stated I didn’t opt out. However, surely they should know I was vulnerable at such age and clearly not managing it well as I wasn’t paying it off quick enough and nearing the limit every time. I started to fall behind on payments they called me and I said all I can afford is £50 monthly and they sold it off and now I have a CCJ. They completely failed me when I was so vulnerable. It’s destroyed my life. Is it worth taking to the FOS or is it likely to get me no where.
Sara (Debt Camel) says
yes, this is worth taking to FOS. I can’t guarantee you will succeed obviously, but you have a real case, they should still have checked the credit increase was affordable for you, the fact you didn’t opt out isn’t relevant.
When you send it to FOS, make sure you mention the CCJ – so you want a refund of the interest you paid and for the CCJ to be set aside.
Jamie says
Thank you. I will do because they increased it around 5 times all when I nearing to the limit. They really have been awful.
Lou7 says
Hi all,
Had a letter today saying Littlewoods need another 4 weeks before they issue a final response. I can wait another 4 weeks can’t I? Or do I just send it to the fos?
J says
Hi,
I’ve successfully contested a number of payday loan lenders using your site but haven’t really seen anything regarding complaints against financing agreements and would like to seek your advice whether it’s possible to pursue.
My case:
At the time of application for a mobile phone purchase with 12 month 0% financing with Clydesdale Financial Services (Barclays). My credit file was showing the following at time of application:
Equifax score of 261 (Very Poor)
7 active pay day loans
With the pay day loans literally drowning my finances, I have struggled to make any of the monthly instalments for this financing agreement and as a result defaulted. What I want to seek is the removal of the default and negative markers on my file and reach an agreement – is there a basis on which I can make a complaint based on affordability and challenge their decision to have offered me the financing agreement in the first place?
Thanks
Sara (Debt Camel) says
If this was your only agreement with them, you are unlikely To win thus case. The loan size would have been too small for them to have to do a detailed check.
Have you offered an affordable monthly payment?
Paul says
Has anybody had any success in getting a decision overturned in their favour against Aqua after the adjudicator stage and once it’s been picked up by an ombudsman?
I thought I had a great case and provided evidence and details to back it up but the adjudicator sided with the business which I was absolutely shocked about back in january. It’s now been picked up by an Ombudsman. Don’t know how long it’ll take now but I’m guessing not long.
Keith says
A little late to your comment Paul, but yes I have. Aqua and the adjudicator both rejected, but I asked Ombudsman to look at it and they disagreed with adjudicator and upheld. Over £3k refunded. It did take the Ombudsman 12 months to review and answer though. I had honestly thought they’d forgotten – keep e-mailing for an update!
Marie says
I have been in a Dmp since June 2015. I was paying my credit cards with credit cards and hadn’t been out of my overdraft for about 8 years when I took out the Dmp. I had 2 Barclaycards that kept upping my limit, 2 mbna and a number of catalogues. I tried to get a debt consolidation loan but was knocked back on affordability. I never missed a payment but as I’ve said I paid debts with debts. Would I be too late? I sent most of my paperwork to the debt management company but I do get annual letters. Thanks
Sara (Debt Camel) says
Worth complaining to Barclaycard and any of the others that increased your credit limit OR that gave you a VERY high limit to start if you already had a lot of debt.
Did they all stop adding interest when your DMP started?
How much are you paying a month to the DMP and how much is still owed?
Barry says
Hi,
After reading this article and comments I have submitted claims to Barclays and Halifax for un-affordable leading, during 2012 and 2015 i was deep in debt and 2 credit cards with each lender along (2 with limits over 7k and 2 with limits at 4k) with others and a loan with halifax for 10k. with a total debt of over 30k by 2015. Barclays have come back and said as its over 6 years since i opened the account and more than 3 year since i started a DMP they are refusing to even look at the complaint as i should have known already. Halifax have text me saying its taking longer than usual to look at complaints but nothing yet. I didnt even know you could complain until i seen this web page!
I have sent the complaint to the Financial ombudsman but not sure what to expect.. does anyone have any experience?
Thank You
V says
Don’t know if it’s worth me putting in a complaint with Simply Be. When I opened the account I had numerous defaults and a ccj. Lived hand to mouth and spent most months in my overdraft. Overtime every few months they increase my credit limit then my APR went from 24.9% for first 12 months to 34.9% For the next 12 months and is now at a whopping 44.9% I have never missed a payment and there were times in the beginning I was clearing my balance. Now I’m making the minimum payment or slightly over by about £10 as that’s all I can afford. Really concerned the APR is going to go up again this year.
Sara (Debt Camel) says
do you remember what your first credit limit was? what is your current balance? What other debts do you have?
V says
First limit was about 2 months after opening the account then 4 months, 6 months then 5 months. I’m paying £90 per month have a balance of just over £1800. I have credit card debt and overdraft debts. I’m also still paying my CCJ. Received a letter from them few months back citing about me only making minimum payments – I really can’t afford anymore since they increased my APR
Sara (Debt Camel) says
Are you only making minimum payments to the other credit cards? Have your overdraft charges recently gone up? Are you paying the CCJ?
JLA12 says
I have recently had a response from Newday refunding all late payment charges and interest on a fluid credit card. This still left a balance, and they are still charging interest on the remaining balance. Should this be the case if they have agreed the account was unaffordable?
Sara (Debt Camel) says
how large is the balance?
what is the rest of your financial situation like?
JLA12 says
Around £900.
Rest of financial situation is poor, various missed payments ect
chris says
Update on claim against Premierman. Initially with the FOS in July 2019. Told in April 2020 that it was with an adjudicator but I have rung roughly every month since and just get told that it’s still being assessed. Today, I rang for the monthly update to be told that all the cases had been paused by a court case which explains why there has been more delay. Apparently this case has been resolved but it is having a knock on effect with all the irresponsible lending cases. This does feel like an excuse out of the blue given that no court case has been mentioned up to now. Which case is it?
Sara (Debt Camel) says
The only one I can think of is Kerrigan v Elevate – see my article on this here: https://debtcamel.co.uk/kerrigan-elevate-credit-unfair-relationship/
I am not aware that any FOS decisions have been paused because of this.
chris says
If it is this case, it’s a bit strange that it is affecting a high cost catalogue claim. As I read the Kerrigan case, it concerns payday lending – and repeat lending at that. All very odd – and odd that this is the first time since April that it has been mentioned as a reason for delaying a decision in my case.
Sara (Debt Camel) says
I agree it’s strange – I am just saying that is the only recent court case I am aware of. It is possible it has implications for other cases in other areas – the “unfair relationship” provision that case was won on is very broadly drawn.
I suppose it is possible that the lender has claimed this is relevant and FOS is stopping to think about it? But as you can see, I am guessing here.
Chez19 says
I have just received a reply from Newday re my Fluid account I complained to them back in Feb! Quelle surprise my complaint has not been upheld! Telling me that they are a “second chance lender” and allow for negative information on a credit report! Is this how they get away with not upholding complaints?! Sarah what are your thoughts on this please.
Sara (Debt Camel) says
So the problem isn’t normally that they gave you an account but that the credit limit was too high, or (more likely) it was later increased too high.
Can you say something about your account? Was the credit limit increased when you were only paying minimum payments? How high is it now?
Do you have other problem debts?
Chez19 says
Sorry for late reply Sara I lost the thread! yes credit limit was increased whilst only making minimum payments, the credit limit got up to £2350, Fluid say just because I was only maintaining contractual payments this would not instantly suggest a customer is in financial difficulty! I fell behind with minimum payments and they have since sent my account to a Debt Collector, I have also put a complaint into the FOS who have not been sent a copy of the rejection letter as yet. yes I have other problem debts, credit cards & loans (Bamboo, Livelend & 118 118) I used to also have an Aqua card some time ago and they have even brought that up in the rejection letter!!!
Sara (Debt Camel) says
that sounds like a lot of problem debt. Are you making any repayments? how much does it all add up to? Are you expecting your finances to improve soon?
Chez 19 says
I have been on agreed reduced payments with Bamboo and 118 118 loan (who are now sending demand letters for balance owed!) my finances have been short as I have been helping support my partner who has been Furloughed but we don’t live together. I owe approx. £9k altogether, not paid anything off my Fluid card and they have now instructed the debt collector (Arvato) to collect the debt, to which they advised they could ask for a two month payment holiday until I got a response back from the FOS
Sara (Debt Camel) says
have you made complaints about the Bamboo & 118 loans?
I suggest you talk to StepCHange about a DMP for all your debts. If you later win any complaints, that will reuce the debts in the DMP so they are paid off faster. See https://www.stepchange.org/debt-info/debt-management-plan.aspx
Chez19 says
Thanks Sara, no not made any complaints against Bamboo & 118 118 is there a good success rate against these companies? I just seem to keep getting rejected with previous other complaints saying ” the loan was affordable at the time “and they are “second chance lenders” etc etc
Sara (Debt Camel) says
With many of these lenders you have to send a complaint to the Ombudsman to win it – too many of them just send “we checked everything and it was affordable” replies. I say, you are the one who knows if the repayments have been too high to manage. If they were and you think good checks would have shown this at the start, send the case to FOS and ignore what the lender said.
Have you been doing this? It can take a long while, but what do you have to lose? It’s pretty easy to send a complaint to FOS.
A lot of people are winning cases against these two firms, whether you will depends on the facts of your case – how large the loan was, what else was showing on your credit record when you took it out etc. template letter here: https://debtcamel.co.uk/refunds-large-high-cost-loans/,
But this is not an alternative to a DMP. The complaints can take a very long while to sort out, they aren’t a quick fix. So talk to StepChange and get yourself into a safe financial position while your complaints go through.
Lisa says
I have a few complaints with FOS against credit cards and I have received an email update from them to say that they are “currently looking at how complaints similar to yours should be handled, so im waiting further guidance. This is the same for all cases being dealt with and that will be dealt with going forward at the moment, so I’ll be in touch when I can take this further”
Has anyone else had this or know what changes they are making?
Lisa says
Hi All
I have received a reply from FOS today regarding my Amigo Loan complaint, upholding it, so they are still working through complaints but still not heard anything regarding my credit card complaint. Has anyone else had anything recently from FOS?
Sarah H says
Hi Sara, I massaged a few weeks ago in regards to a NatWest credit card that we had with a £500 limit, we fell behind with the payments and the card was cancelled. We got in touch with NatWest at the time and they said it had be passed on to a collection agency. We tried to find the debt but with no joy.
We never heard anything for about 4 years then a company Robinson way got in touch to say we owed the debt but it now stands at £2200! At first we were unsure what the bill was for then realised it was the NatWest credit card. I asked Robinson Way as you suggested for our CCA for this debt and have been told it went to court in march 2014, so they do not have to supply us with any information.
Is there anything we can do from here or is it a case of just having to pay it.
Thanks Sarah
Sara (Debt Camel) says
Is this CCJ on your credit record?
Sarah H says
Yes I have just looked and it is on there, for the amount they are saying we owe.
Our local court is blackwood county court, south wales
Sara (Debt Camel) says
So they are right that they do not have to supply the CCA agreement for the debt after there is a CCJ.
It is very odd that it went through your local county court. Did you move? Are you sure you never received court papers?
What is the rest of your current financial situation like? where are you with the other complaints?
You could still send Natwest a claim for unaffordable lending. But I would also like to know how the debt got so large, as you may be able to say they should also have stopped adding interest. If you win a complaint against NatWest they will have to adjust your balance with RW and the CCJ should be removed.
I suggest a good move might be to send NatWest a request for a copy of all your personal information. See https://personal.natwest.com/personal/privacy-policy.html which says “If you would like a copy of the personal information we hold about you, please contact us at 03457 888 444. ” On the phone you will need to give details so they can identify you and your account. Don’t say you only want *this* info, you want the whole lot as you don’t know what will help.
Sarah H says
No we have lived here for 18years, and have not received any court letter.
We are currently just about getting in top of our debts as had a rough few years. Myself and partner separated for awhile so things were quite up in the air. This is when I also took out my amigo loan.
I heard from amigo yesterday 2/9/20 to say they had not forgotten me and were looking into my affordability claim.
I will get in touch with NatWest today and ask for all information they have.
Thank you again.
Ana Maria B says
Will they automatically close the accounts on credit cards, vanquis for example after a claim? Even if unsuccessful?
Sara (Debt Camel) says
It’s possible an account may be closed, but this doesn’t seem to happen routinely. If a credit card account is “closed” you don’t have to immediately repay all the money right away, you just can’t use the card. And they can’t mark the account as “defaulted” unless you have missed payments.
What is your financial situation like at the moment? Is Vanquis your only problem? Are you currently making the normal monthly payments?
Hannah says
Hi,
I just wondered if anyone had any success with NatWest re credit card and also overdraft. I had a £400 overdraft (where my wages were being paid in monthly where some months I was only being paid around £160 – I was only a Saturday girl in a shop other months I’d get more if it was holidays etc) they also gave me a credit card (I can’t remember if they upped my limit but I do know I paid a huge amount of late payment fees and interest on both as my mum helped me) it was more than 6 years ago.
They haven’t upheld my complaint and have said the FOS will decide whether they can consider it or not. I am in the process of sending it through to them but just wondered if anyone else had something similar happen to them.