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?
Ce says
Well today I made the decision to file complaints against all my catalogues for increasing the limits to unaffordable amounts, complaint to banks about my overdrafts being increased, and a complaint to my bank about a loan I had which if they had done accurate correct checks, they would never have given me it due to the amount of debt I already had including pay day loans, credit cards overdrafts and high catalogue debts. Will keep you informed of any progress. Catalogues include curvissa, freemans simply be, ace 24, look again, premier man, ambrose Wilson, Jd Williams, next, fashion world, overdrafts with HSBC, and nationwide, loan with nationwide.
Morag says
Hi Sara,
Just waiting for the response from shop direct today as my adjucticator says that my catalogue was not affordable. He suggests that all interest should be paid back from the first initial increase.
Is it possible , on another complaint, try to get all the refunds for the late payments that has been added onto my account???? As I wouldn’t be in this position if I never has an increase from them. Hope this makes sense???
Morag
Sara (Debt Camel) says
Sorry, I’m not clear what you are asking – what other complaint? Are you saying it is affected by the adjudicator’s decision (and good! fingers crossed!) on the shop direct one?
Morag says
The adjucticator said that all interest will be refunded . What I am asking is that I have lots of charges on my account e.g. Late fees etc.
Would I be able to claim for all these charges ! I did mention this to the adjucticator and he said he is only investigating the affordability , charges would have to be a separate complaint
Morag
Sara (Debt Camel) says
oh – that is a rather strange thing to have said. Could you go back in writing and ask him to look at it again as you understand additional charges are refunded when interest is refunded in other types of cases, including affordability complaints for payday loans.
Rebecca says
How far back can you go with catalogues?
Also for credit cards that keep upping the limit can you put in a claim if you still use the card but you were in different circumstances as to now and they upped the limit and you couldn’t afford it but you can 5 years later for example?
Sara (Debt Camel) says
I think it may be very hard in most cases to go back much more than six years. Lenders are very unlikely to have kept a lot of information about what checks they did before increasing your credit limit many years ago. And you would proably find it hard to prove what was on your credit file in 2008 say.
Morag says
Finally , I think,I am the first to get a refund on a catalogue. Shop direct have agreed with my adjucticator that the increases were not affordable!
All increases and administration charges will be refunded from the first increase which goes back to 2010,
Thank you Sara,
Will let you know how much this is, as I am not too sure myself!!!
Good luck to everyone else x
scott says
did you max your credit or just use some of it? i didnt max my credit with shop direct and have a complaint in
Morag says
Hi
No I didn’t max my credit? Good luck , has u had a response from them,
My adjucticator said if they had seen my bank statements etc they would have seen pay day lenders, overdraft etc. And that’s why he awarded it
scott says
had a response from shop direct at the end of 8 weeks to say that they needed another 4 weeks to look into my complaint. So I have complained to FOS. Just waiting to hear back from adjudicator now. Dont have a clue how much I would be expecting back.
Morag says
Hopefully yes, I just had the 8 weeks. The adjucticator gave shop direct my and statements to look at after he gave them the decision!
Maybe now, they r looking into complaints more appropriately
Good luck
C says
Had a response from nationwide today (only put my complaint in on 21st march) basically saying they did no wrong in giving me my overdraft and increasing limits. They did admit however in there final response that they are arranged on an automated basis ( due to the volumes of customers accounts that they hold). The system is set up with various requirements and checks in place that decide on the overdraft facility allowed. This to me sounds like they didn’t do accurate affordability checks, does this sound like to others?
They have arranged to waiver the fees due this month of 65.50. I have now forwarded this on to the ombudsman. Got another complaint in with them about nationwide credit card. Got one more complaint against nationwide for a loan they gave me which again was unaffordable at the time and checks would have proved this, not responded to that yet.
Lucy says
Hi i have one with Lloyds for two overdrafts they said they have done no wrong and rejected my complaint but the letter also said there was no other person involved apart from myself as it was an automated service online? I sent straight to fos last week
aga says
hi Sara and everyone , this is about VANquis , i had 48 late payment and over limit charges and Vanquis still says they did the right thing to increase my credit limit and that i could have said ” no ” to it, i am going to pass it Fos but what should i claim ? just interest and charges after the increase or can i claim all 48 charges prior to increase of the limit?
Sara (Debt Camel) says
I would say after the increase – this sounds like a good case if they you had many late payment charges before the increase!
C says
Well just had a call from my audjudicator about my credit card increase…. he said they have requested the paperwork so just waiting now, can’t believe how quick I was assigned an audjudicator tbh, only sent complaint in less than 2 weeks ago…very impressed. They just rang me now to confirm a few things. Fingers crossed now. He confirmed that they also had my complaint for the overdraft too.
Lesley says
Hi folks… Can anyone help me with the email addresses or postal address for:
Capital one
Shop direct
Think it’s time for me to look into this now!
Thanks
Nim says
Hi, you can google both of them and should have address for complaints.
Just an interesting story today with capital one.
I wrote to them re charges on my account as it’s closed now and defaulted about 2006/2008. I wasn’t sure if I already contacted them and had 2 credit cards with them both closed now with 8k owing – and was sold off to debt company – off my back now. However, got a reply this today on both cards:
card 1 – initially went through a claims company back in 2010 – and they refunded around £160
card 2 – claims company never sent my settlement form to me to sign – and I totally forgot about this one in due course as I had many claims at the time.
Surprising to know, they sent another settlement form to sign, this time to me, rather that the claims company, for this occasion only, and they owe me £360!!! – money I was due but never sent through claims company – so even they can’t be trusted!!!!. I just thought I would dig out all my credit card details, and through memory and write to all – you just never what you will get. I have managed to get back £1,200 and I only wanted to claim back from payday lenders!!! This is additional money never seen, and thanks to Sara ( debt camel), this just prompted me to investigate in all directions.
Best Nim
Nim says
Oh plus the £900 or so from Vanquis for the repayment option plan!!!
Nim
Charlie says
Hi DC
So just looking for a quick bit of advice. I emailed Studio (Express Gifts Ltd) a week ago with the templated complaint and recieved a confirmation and investigation email back a few days later but this morning they have rather quickly passed the debt of £1850 over to Moorecroft Debt Collection. I have spoke to StepChange today and they are placing them onto my DMP as Studio refused to be placed on it and also refused to accept any payment through StepChange. Could you tell me if Studio will still have to continue with my original complaint before they rather quickly handed it over to Moorecroft or will i now have to file a new complaint through Moorecroft Debt Recovery
Sara (Debt Camel) says
Your complaint carries on with Studio. Did Studio continue to charge interest after you started your DMP?
Charlie says
Yes the continued with everything even after being aware of my DMP. Firstly saying i had to pay them £128 a month on a payment plan that i never even agreed to. They then continued sending me letters saying i had 14 days to pay the outstanding balance and then 7 days to pay the balance and now they’ve passed it onto Moorecroft
Sara (Debt Camel) says
Have you complained about this too? Or just that your limit was unaffordable?
Charlie says
Yes ive made two separate complaints Sara.
Tony says
Well today I recieved a letter from shop direct (very) while I put in a claim for irresponsible lending I also did ppi claim as well they have upheld my complaint and will get back to me in 28 days with a refund amount tbh I have no idea what I’m going to expect but this dates back to 2007.
Lucy says
Thats great well done. How long did it take for the final response? Ive waited 8weekd and now they want another 4 weeks. Did they uphold the irresponsible lending claim too? Thanks
Tony says
Hi Lucy,
I’m still awaiting a final response regarding the irresponsible lending and have been told it could be another 4 weeks as I think this is delt with via a different department.
The ppi I waited 5 and a half weeks. They emailed me last Friday saying they were dealing with the ppi and that they needed to talk to me about how the ppi was taken out answered a few questions and received a letter in the post today
Daniel says
Hi Tony,
So you haven’t been told you’ll be getting a refund on the irresponsible lending? Only on the ppi?
Have they taken responsibility for both? Or one?
Tony says
I’m still waiting to hear back on the irresponsible lending they asked for 4 more weeks.
Mandy says
I wonder if anyone has any thoughts on my case? In 1999 I took out a credit card with HSBC at the time I was working full time and no kids. In 2001 I had my first child and being a bit scared that the bank would take away the credit and make me repay in full (I didn’t know as much as I do now) I was too scared to tell them I was no longer employed. By 2005 I had 3 children and was still
Unemployed. In 2007 I went back into work part time and not earning much but at that time I thought I could start to pay my credit card all this time I was making minimum payments and my credit limit had increased to 10k! My balance never went over 3.5k. Having 3 kids and not exactly earning a fortune has meant to this day I am paying the balance off through a dca @ £40
per month. I know I should have told them when I became unemployed but I was genuinely too scared. When I plucked up the courage to tell
Them I was struggling in 2009 they took away my credit facility and refused to freeze interest and charges until the enevitable happened I defaulted and it ended up with dca. I have been silly but I think I have paid the price literally! So do you think I could peruse a complaint on the grounds of irresponsible lending? At the same time I had a current account with HSBC and they would have been able to see my income (benefits). It was a very long time ago but does anyone think I have a case? I have been with this debt and paying it off for 18 years!! Thanks x
Sara (Debt Camel) says
It’s a case. I don’t think you were obliged to tell them you were out of work unless they asked if your circumstances had changed.
BUT because of the timescales it may not get anywhere as the bank may not have records of what it checked before increasing your limits. Of course they probably checked nothing :( but the Ombudsman may not make a decision on that basis.
If you get any refunds from payday loans you may be able to use that as a full and final settlement on this remains debt.
The other thing you could do as this is so ancient is to ask the debt collector to produce the CCA agreement for the card. If they can’t find it then they can’t take you to court and you can just stop paying them. https://www.nationaldebtline.org/S/factsheets/Pages/gettinginformationfromyourcreditors/creditagreementadvice.aspx. I would probably try this first as it’s more likely to work, but that’s a guess.
Mandy says
Thank you Sara, that is really useful. I will phone the DCA today I have well and truly paid back anything I borrowed plus a great deal more and would love to be rid of this once and for all!!! I did put a claim into FOS for a Littlewoods PPI and that went back to 1999 and it was upheld so very old cases are sometimes looked at and upheld. I will send to FOS anyway – nothing to lose :)
Sara (Debt Camel) says
An affordability complaint goes to the original creditor, not the debt collector.
A request for a CCA goes to the debt collector and you have to pay a £1 as the National Debtline factsheet explains.
Good luck!
Mandy says
Thanks – what is a CCA agreement and what does CCA stand for?
Sara (Debt Camel) says
Sorry for using jargon – bad habit! CCA is Consumer Credit Act. If a creditor for a credit card or a loan can’t produce a “true copy” of the agreement you signed when you opened the account then they can’t take you to court for a debt – I’m simplifying but for old credit card debts (pre 2007) the creditors often can’t. The National Debtline factsheet I linked to explains in more detail and they are good people to get help from about this.
Lucy says
My adjudicator has just informed me my complaint will not be upheld as its not the companies fault i used the credit even though i had overdrafts, loans and payday loans to cover the payments and also had other debts at the time. The complaint was with Next Directory i feel really disheartened about these types of complaints now?
Daniel says
Hi lucy,
Did they increase your credit limit during the times you was using pay day loans etc, I’d would send this to the Ombudsman because we have seen other people have success when there limits where increased during times of difficulty.
Lucy says
Hi they increased my limit after i had been using payday loans for 18months. I already had lots of other debts and kept increasing my overdrafts to make payments. The adjudicator has said that the company has done no wrong as they only needed credit checks and did not have to check my incomings and outgoings etc. It was me that knows my financial situation and it was up to me to tell them all this. Ive spoken to her and she wont budge she just says they did nothing wrong in my case. Ive said to pass it to an ombudsman but i dont think this is going to help now
Sara (Debt Camel) says
Were you only making minimum payments? If you were this is another thing to stress.
What would you credit record have showed, any recent arrears or defaults?
Lucy says
Hi Sara. I only ever made minimum payments. The account has twice been in a payment plan and after it came out of that the first time then they increased again a few months after. The adjudicator seems to think that as i didnt tell them i was still in difficulty that its my fault and the company have a right to increase it and its my fault for using it. I shouldnt of used it and i should of told the company that i didnt want it if i couldnt afford it. She seems dead against this kind of claim. I used payday loans for 18months to june 2012 then they increased my limit in 2013 after the payment plan. I also used overdrafts and a personal loan to keep up with payments etc. I had some arrears with them in 2011 and 2012 then they increased it again once i stopped the arrangement. I had some arrears with littlewoods in 2012 and with Very every year from 2011-2017 apart from 2013. I had 4 other catalogues, personal loan, overdrafts, credit card, mortgage and had just stopped using payday loans the year before. She never asked for bank statements or to see my credit report either?
Sara (Debt Camel) says
I would send her your bank statements AND a copy of your credit record if she hasn’t asked for that.
Make the point (again if you have already done this) that the lender should check for affordability before increasing your credit limit. Point out that the fact you only made minimum payments and needed a payment plan shows the lender should have known you were having difficulty and it was irresponsible and unfair to offer you more credit.
Lucy says
Thank you i have done all this apart from sending any documents she refuses to listen to all those points that i have made and says its my fault. Ill send them on and see what she says. Thanks
Aaron jackson says
Finally Received a final response (outcome below) letter of vanquis for paying off the interest only for 2 and a half years. I originally had around a 250 limit which I always exceeded and they increased this automatically to 1000 a year later. I received several defaults with several companies then 3 months later they increased my limit. There’s no way they could of done the checks. Then for 2 and a half years I did nothing but pay interest and often exceeded the limit! I told them several times I couldn’t afford it and they put me in arrangement to pay several times, then they again increased my limit to 2k! I also used payday loans as vanquis payments left me with nothing.
They decided not to uphold my complaint, received there letter at the very last day of week 8z
It has now been submitted to the FOS, along with bank statements, credit score, proof of defaults just before I received the increased limits. Proof of exceeding my limit before the increased etc.
The only thing is I have no idea how much I have paid in interest only. Hopefully the FOS can work it out.
I’m feeling good about this case however my feelings could be very different to the Ombudsmans!
Don’t know how long it will be sat in the que for but I have provided everything they can ask for so it saves the division which first deals with your complaint asking for more things, they’ll be able to put it straight in to the que for an adjudicator once they get vanquis side of the story.
Will keep all updated although I feel it will be some time before I do!
Celeste says
Hi there
Just wondering if someone could help, I want to make an interest claim with Aqua, will this harm my credit rating since I have just brought it back up to a good level and don’t want to risk damaging it?
Many thanks
Ce
Sara (Debt Camel) says
Do you still have an open account with Aqua? Can you afford the repayments?
Celeste Williams says
The account is still open but I transferred the balance to a zero % card in August last year. I have not used the aqua card since and the balance is zero.
Thanks
Sara (Debt Camel) says
In that case I don’t see how a complaint could damage your credit record.
You normally need a pretty good credit record to get a zero % offer – that may make it harder to win a complaint.
Nim says
Hi Sara, Debt camel
Just had a letter from my MBNA PPI claim – result! But I cant understand how they have worked it out – they never showed from what dated etc ( whereas Barclay gave me dates when I paid so was helpful).
This is what has been calculated – card was from mar 2000 – approx2005/06 – but not sure how long I paid the PPI
PPi premiiums charged since date (?no dates provided) – £1028
Total amount of fees refunded £0
Total amount of associated interest – £895.27
Applicable 8% gross interest – £54.52
Less UK Tax withholding – £ -10.90
Total amount payable – £1967.28
Just concerned about the 8% – seems very low, and how they need to pay this – from what dates? is it including up to date? ie from 2000 to now?
any advice would be greatful
( my provident case is now gone to the ombudsman)
Best Nim
Nim says
Hi Sara, sorry forgot to add about Barclays in comparison
Barclays cards from – nov 2001 – aug 2003
Refund of payments for PBP cover – £836
Refund of fees incurred due to PBP – £192
Refund of interest charged on PBP premiums – £ 273.93
8% interest statuatory compensation – £1079
Income tax – £215
Total due – £2165
Just seems odd the 8% interest in the time frame of having paid PPI/PBP payments and how its worked out on both sides.
I think MBNA has not worked out 8% correctly??
Best Nim
Sara (Debt Camel) says
it doesn’t sound right, does it? Ask them how they calculated it.
Nim says
Hi Sara ( debt camel),
No it doesn’t. Do you think it’s the 8% not calculated correct ??
I will call them tomorrow ( although sometimes they are unhelpful too as they even don’t seem to know, and keep passing the call round!)
and do they need to calculate the interest to date??
Best Nim
Sara (Debt Camel) says
Ask for a full calculation and say you will go to the FOS if they don’t supply it.
Nim says
Hi, has anyone had any response or refund for interest from Vanquis?
Best Nim
Aaron jackson says
Yes declined me on the very last day of week 8.
Now sent to the FOS. Received there acknowledgement of the complaint yesterday stating they have wrote to the business for there side of the story and my business file.
A robbing company like vanquis that has an Apr rate 59.9% isn’t going to want to give you any money back. They’ll say no thinking you’ll just walk away.
Go to FOS at week 8
Lucy says
My adjudicator just emailed me her findings in next directory she does not agree that increasing credit limits is wrong when i was making minimum monthly payments even though i had been in a payment plan the previous year. She said they dont carry on doing credit checks it just goes on account management which they are fine to do. She didnt want my credit report or bank statements as she said the company would not of been able to see these. The company has done all it can in helping me set up a payment plan and its my fault for spending the money. Shes sent to the ombudsman anyway now
C says
I have also got a complaint in against next, just waiting for a response from them now. Will let you know xx
Hayley says
Hi Lucy,
I’m just going through all these comments, as I’m considering going down the complaints route for all my credit cards and catoglues – I owe thousands on all of them – all maxed out – anyway …
Just to say about Next, you said that your adjudicator said Next don’t have to do credit checks, this isn’t the case, as next were actually the only account that ‘froze’ my account due to all the defaults on my credit file.
Just thought I’d mention it as it might help your case.
Good luck with it all
Hayley ?
Lucy says
Hi thank you for that! She said they only had to do a check when I opened my account and not when they gave me a credit rise. She also said they only base the increases on account management and although I had late payments here and there and I had around a 6 month arrangement to pay they still increased. The adjudicator says this is all fine as they only increased after I had started paying on time again and left the payment arrangement. She wouldn’t look at my bank statements or credit file and just said the company did no wrong and that its my fault. I sent it to the ombudsman but haven’t heard anything yet. I have complaints for very and littlewoods with an adjudicator too and he say she should have an update within the next week or so but he hasn’t asked for bank statements or credit file either. I’m not hopeful but will keep updating on here x
Gemma says
Has anyone had any luck with simply be (JD Williams)? THeyve reaponded and said hey have done nothing wrong but can’t actually provide back up statements just a transaction list which doesn’t detail if only minimum payment was made
Sara (Debt Camel) says
Don’t you remember if you were only paying the minimum amounts?
Gemma says
On the main part yes I was but I don’t have the statements to confirm that and they have said they aren’t able to supply them
C says
I have complaints in for jd williams, along with a load of others that did williams also own, had no response from any of them yet, will keep you informed xx
Morag says
Received over £1000 from little woods for the affordability of my catalogue. Sara you r a star?.
I have asked for a statement to see how this is worked out. Also they did not add 8 percent, spoke to my adjucticator and he said it’s standard practice to add this on , so it will have to be changed.
Good luck to everyone.
Just waiting on a result from my big one with provident which is now being looked at by an ombudsman
Sara (Debt Camel) says
Good for you and some good news for other people making these complaints!
C says
Well done, can I ask how long you waited before you was awarded, have also got a complaint in against littlewoods.
Morag says
Little woods declined the complaint within 4 weeks, adjucticator picked it up , was only about 6 weeks with him, did not go to an ombudsman.
He said my credit file was poor and bank statement full of payday lenders, gambling, constant overdraft!
Little woods asked to see my bank statement which I said was no problem. They accepted this after they seen them
Lucy says
Hi i had these on my bankstatements too loan, payday loans, overdrafy and credit card etc but my adjudicator would not listen and would not eve let me send my bank statements in for my next complaint hope the ombudsman sees in my favour
Morag says
That’s a strange one??
Chris says
Same situation for me too, my adjudicator said automatic increases without credit checks were fine as these were stated in the terms and conditions – therefore no wrongdoing by the company. I’ve asked him to reconsider and look at my bank statements and credit report but no reply as yet. Guess I’ll be waiting on a positive ombudsman decision too!
Lucy says
Good luck! Mine wouldnt even look at my bankstatements etc. Was your for next directory? Doubtful about these compalints now amd i have 3 with the fos now
Chris says
Mine was with very – same parent group though I believe, but thanks, you too! Not holding out much hope – there doesn’t seem to be a set a precedent as yet for these types of complaints so I’m guessing it’s just the luck of the adjudicator draw but hopefully once one or two reach an ombudsman things will become a little clearer.
Debbie says
Hi some advice needed please.
I have an outstanding debt to Lloyds TSB which has been passed to Lowell for a current account and I am paying a token payment every month. The things is that the overdraft relates to an account I had with Lloyds in 2004. In July of 2004 my overdraft was £400 and by December 2004 this had been increased to £2700 but they had let me exceed this and the account was overdrawn by £3447. The first question is could I put in a complaint for irresponsible lending? At the time the combined income of both my husband and I was £1500 and we were in receipt of tax credits. I can provide evidence as I have the bank statements covering this period.
The next question, the debt was defaulted in December 2004 and finally assigned to Lowell in July 2006. The default did not appear on my credit file until December 2014 can I ask for this to be removed as I have been making payments since it was assigned?
Thanks
Sara (Debt Camel) says
It’s a long while ago which may make things difficult, but why not complain? That does sound like a very large increase in the overdraft. you should expect this to have to go to the FOS.
Did you make any payments to the account between Dec 2004 and the assignment in 2006?
Debbie says
Hi Sara,
Looking at the paperwork it appears I started making payments in February 2007 and have continued to do so each month. Have just put in a complaint to Lowell so I I’ll wait and see.
C says
Hi
Just had a letter from aujudicator saying Nationwide did no wrong in lending me 5000 for a loan (which i also had numerous other debts including a huge nationwide credit card and overdraft with them), nationwide never asked to see proof of income and my wages were being paid into a different bank. I have gone back and gave this information to him as i feel accurate affordability checks weren’t carried out accurately, so fingers crossed.
Nim says
Hi,
has anyone received any interest back from vanquish card?
Best Nim
Chris says
Not from what Ive seen so far, I managed to get them to strip the interest and charges from the account (no refund but in my books just as good really) and that was after their final response saying no.
Nim says
HI Chris,
over what period did they remove the interest and charges? and how long u had the card?
may I ask how much was the interest and charges?
best Nim
Chris says
I had a balance of £308 on a £250 limit card. They initially (in their final response) said that they accepted no fault. I had had the card since around may 2016 so fairly recent. I responded saying that I could not accept their findings and felt that they had not properly considered my situation but that I would be willing to repay the balance IF they removed the interest and charges that had been applied. I received no response for over a week but then logging into the account I noticed that my balance had dropped to £158. Yesterday I received a letter outlining that they had indeed stripped the charges and interest and were willing to negotiate an arrangement on the capital. I honestly don’t think I would have got better with the FOS.
Debbie says
Hi have requested statements and put in a complaint but not had a response, they have until the 24th April. Were you able to any paperwork off them to work out the interest and charges?
Chris says
Yes, these were all shown on my online statements – all were refunded.
Net says
Hello
I have debts with Littlewoods and Very, both of which are now with Stepchange on a DMP. Around that time, I applied for credit via JD Williams, which is unaffordable. Can I seek out a refund from them for interest paid? I have been paying on time but not much more than the minimum payment and from reading the posts above, it looks as though they should have seen the defaults on my credit report at the time of opening the account.
Any advice would be massively appreciated
Thank you
Ben says
Hi,
I’m going to complain to HSBC about my credit card limit increases where I’ve only ever paid the minimum amount.
Basically I’ve had it since about 2001 – 2002 when I had my first job and over time the limit has increased to £7500. Now I am unsure of when the last time the limit was increased. But I certainly don’t think its been within the last 5 or so years. And at the moment its over £300 overdrawn as I am without work and found the £185 a month unaffordable.
Should I just make the complaint stating the above or ask for details of the limit increases first?
Thanks,
Ben.
Sara (Debt Camel) says
I think you are going to have difficulty with this complaint as the increases were all a long time ago. Unless you can produce proof of how poor your credit record was many years ago, it’s unlikely to be worth bothering with. Sorry, with older cases there is no point in being too optimistic.
BUT as the card is so very old and you have already defaulted on it, one thing you may want to consider is asking HSBC to produce the Consumer Credit Act agreement for the debt. If they can’t, then the debt is unenforceable in court and you could just stop paying.
Carol says
I have four old credit cards (TSB,MBNA,Mint and M&S) that I defaulted on and have been in a DMP for since 2009.I made affordability complaints for all four which were knocked back as they were over 6 years old.I passed two on to the FOS but they confirmed they couldn’t look into them due to their age. All of the original debts have been sold on to other companies now,so my question is if I go down the route of asking for them to produce the original CCA agreement for each card and they can’t so Istop paying into my DMP, will the companies who bought my debts Perdue me for payment?
Sara (Debt Camel) says
If these debts are now with a debt collector, you should ask the debt collector to produce the CCA agreement. See https://www.nationaldebtline.org/EW/factsheets/Pages/getting-information/credit-agreement-advice.aspx for a sample letter. You have to pay 31 for this.
If they can’t produce this, then the debts are not legally enforceable in court. The debt collector can still ask you to pay it but as they can’t take any further steps you can ignore this :)
Nim says
Hi carol, you may also want to check if you had PPI on your cards? you can certainly claim this!
Best Nim
C says
Hi Sara
Have numerous complaints in with regards to my catalogues. Freemans, curvissa and look again were referred to a debt collection agency na,ed Eos. I have complained to the main company and also kept Eos up to date too. Today I have received 3 letters from Eos stating that they have been instructed by our client to close and return the account back to (freeman curvissa and look again) as they are dealing with the complaint. Please not you will receive nothing further from EOS solutions plc in relation to this matter and any future correspondence should be sent directly to..(freemans look again curvissa).
Sorry to sound silly but what does this mean? That the catalogues accept responsibilty? Find it bit bizarre tbh. Thank you xx
Sara (Debt Camel) says
It’s pretty common for debts with a debt collector to called back to the original creditor. I suggest not trying to guess whether this has any implication for your complaints.
18andstupid says
Hello,
I am just wondering if you can be successful where they didn’t do increases?
I was currently in a lot of debt at the time, already had defaults, missed payments etc… I couldn’t afford to pay anything back. I was 19 and on little income. I had three accounts with Littlewoods, JD Williams and Marisota less than 6 months and it went into default. They just approved the accounts with little checks.
I realise it was stupid, but i was young and desperate.
I am now 25 and have vigorously tried to get my credit account in a good state. I’m unsure if i will be eligible. But ultimately, if they had run proper checks and seen how much trouble i was in at that time they would not have lent it to me.
Could you advise if i have chance?
Thank you for your help.
Sara (Debt Camel) says
If these were for pretty small amounts and then you defaulted quite soon, you are likely to find this difficult.
18andstupid says
Thank Sara, unfortunately, they are for small amounts.
dan says
Hello good morning,
I was given a £700.00 credit limit with very in 2014, which at the time I was already in trouble with several payday loans etc, defaulting and borrowing just to pay other lenders back. I understand that it was irresponsible for me to take out more credit and apply to Very but I just wanted to treat myself but had no money to do so. Anyway, surely they will have seen on my credit report that my credit rating was incredibly poor? at the time I also had a -£1,500 overdaft with Lloyds too so minimum behind with other debts to the tune of £3/4,000. I kept this very account for over 2 years and paid the bare minimum interest I could afford every month whilst the account total grew to over £1,000. After a while I was unable to continue making the payments as I really was struggling, the interest kept mounting and because they weren’t receiving any payments from me for a while the account was passed onto a debt collection agency “Lowell”. This really worried me, I had all sorts of thoughts of these debt collectors coming into my house etc and taking my belongings etc, so I contacted them once id received their communication and set up a repayment plan which after over a year, I have now paid off.
I am looking to complain for irresponsibly lending to me in the first place, would I have a case or not? and if I was to lodge a complaint, would it be with Very or would I send it Lowell as Very sold the debt to them?
Thanks for any advice/opinions/comments guys.
Dan
Sara (Debt Camel) says
A £700 credit limit at the start sounds pretty large and then they increased it even though you were only paying the minimum… These complaints aren’t easy to win, but that sounds like a good basis for complaining – just keep your expectations low and try not to get stressed about it. The heart of your complaint needs to be what your credit record would have showed, so make sure you get a copy of that, attach it and also list out all the problems in your complaint “I had defaulted to Barclaycard in November 2013 etc”.
Your complaint would be to Very as they were the one who you think lent irresponsibly.
Alonso says
Anybody losing affordability complaints on the grounds that it was all their fault may wish to point out the following:
1) Guidance has been in place for increasing credit limits since the beginning of 2011. This comes from the UK Cards association and it indicates that reference should be made to a credit reference agency. See link below, it’s all relevant but page four is the crucial section.
http://www.theukcardsassociation.org.uk/wm_documents/Credit%20card%20limit%20increases.pdf
So if your credit limit was increased in or after January 2011 and your adjudicator says they didn’t have to check credit file, I’d query why when the guidance says differently.
2) The same link also gives guidance on when credit limits should be refused. If your account was in one of the situations at the time and your credit limit was increased then that doesn’t seem in line with the guidance and I don’t see why FOS should support the companies position in those circumstances.
3) The Lending Code (in force also since early 2011) puts requirements on firms for all sorts of checks prior to borrowing. I’ve included the link below. Section Four is the key part. Again there’s an indication that firms should check data from credit reference agencies. Of course this only applies on anything since early 2011.
Section six also says firm have to make checks to ensure a customer can repay the debt prior to increasing credit limit. So it’s not enough for the firm to say the credit limit could have been refused. They have obligations beyond this.
4) Section 120 says “Subscribers should periodically review customers’ credit card limits using credit reference agency and internal data.
The requirement to use CRA data does not apply in specialist customer segments, such as private banking, where
use of CRA data is not always appropriate”
Sara (Debt Camel) says
Good points for “proper” credit cards, but catalogues aren’t likely to be UKCards Association or Lending Code subscribers.
Alonso says
Hi Sara.
UK Cards Association won’t apply to catalogue but Lending Code should?
Section Four of the lending code, link actually below this time I forgot in last message my stupid mistake, seems to refer to any sort of lending and it indicates credit checks are compulsory. It says:
“Before lending any money, granting or increasing an overdraft or other borrowing, subscribers should assess whether the customer will be able to repay it in a sustainable manner. They should do this by considering the potential for the borrowing to adversely impact the customer’s financial situation, information from CRAs, including existing financial commitments where provided”
It then goes on to list some examples of other things they may do but my reading of that is that credit checks are compulsory. Either way checks before lending is compulsory and the adjudicator doesn’t seem to be applying the regulation if he/she is just rejecting the complaint solely on the grounds the consumer shouldn’t have applied for the loan. Businesses still had to do checks.
Sara (Debt Camel) says
Lending Code members: https://www.lendingstandardsboard.org.uk/registered-firms/
Alonso says
Lending Code above. Finally.
You are right Sara to say the relevant firm may not be on there. They might be. Even if they aren’t on there, you can still argue the lending code represents good industry practice and has been signed up to by the big four. It’s not as strong an argument but it’s still a half decent one. In any event if it’s a credit card limit increase or overdraft borrowing or personal loan then it probably will have been with a firm that’s listed on the lending code. All the main ones seem to be on there.
But point taken, I maybe over egged the lending code. Still there’s some useful stuff in those links that should be quoted to any adjudicator saying ‘the firm didn’t have to do checks’ or ‘it’s your fault for applying’ or ‘you could have opted out of the increase’. Of course the person could and probably should have opted out or not applied but that doesn’t mean the lender win automatically. If that was the case then payday lenders would have a 100% success rate at the Ombudsman and they clearly don’t.
Alice says
Hi Sara, I have a loan that I’m not sure about, paypal working capital…I was a self employed eBay re seller of used toys for a few years, turn over was a few thousand a month (profit was £400-600 a month and my only income apart from benefits) they offered a loan 2 years ago which I took, no credit checks and does not effect credit rating (their lit says that) and they take it back as a % of your sales each month. They emailed offering it purely based on sales, now my credit rating was shot, defaults all over the place, and if I’m honest had they asked for a profit and loss it would have shown a low income but they didn’t and still don’t they say it’s based on trust?. I then stopped working as had an bigger issue with my son and became a full time career. So far I have paid the interest amount only and have £2000 left on it that I’m paying £50 a month back, what do you think about this type of loan? It’s not on my credit file but was passed too avarto finance to collect payments. Do I have a case here do you think? I’m more than happy too pay what I borrowed but the interest…I’m not so sure? Many thanks
Alice says
I forgot too say that when the repayments (taken automatically on a daily basis as a % of every sale) I found it hard! Was a chunk of my income that I couldn’t actually afford, it was a silly move on my part but seemed like a good offer but there are no income and expenditure questions at all, and I requested a lower loan amount and they offered I think double…which I stupidly took :-/
Sara (Debt Camel) says
Not a lender I have come across before… can you say what you borrowed? And what there upfront fixed fee was? Also how much do you still owe and how much do you owe to other debts? Are you still a career living on benefits? Renting or buying?
Alice says
Hi
£2000 loan, and about £700 fixed fee added at the start, I still owe just under £2000, the payments were taken for about 7 months before I stopped working, at the time I owed around £15000, most (about £11000) was in long term default (and became statue barred last year) plus now about £7000 current debt that is either in arrangements or up to date, at the same timeish I did manage too get a capital one and aqua card credit building cards with low limits so my rating was ok for them I guess? But hsbc refused a current account (just basic) just before the loan so that shows my score was pretty rubbish? I’m still a carer for my son so income is purely benefits now. I just wondered if they should have checked other debt? Expenses? If I could afford it? Or even if I was making a profit? No questions were asked. I know they could not foresee me stopping work, no one could, but looking at it they maybe should have made some checks…anyone can have a decent turn over but the bottom line of profit was never asked for, no details at all in fact, purely based on turnover of the PayPal account. And renting from council. Alice
Alice says
Also it’s a working capital loan, so used to invest in future stock etc not for personal use…so I think that may change things a little, but the loan was given to me based on being a sole trader and and a percent of future sales/earnings taken everyday too pay it back (can I add they count postage people are paying as income even thou you have too pay postage to post stuff! And being an eBay account everything has to be posted) it seemed like a good idea but I think I made a big mistake :-/) and prob don’t have a leg to stand on!
Sara (Debt Camel) says
I’ve just checked and Paypal isn’t a UK lender. I don’t think you would get anywhere with this complaint. Given your other debts, I think you should be taking some advice about bankruptcy (https://debtcamel.co.uk/debt-options/guide-to-bankruptcy/) or a Debt Relief Order (https://debtcamel.co.uk/debt-options/dro/). I suggest going to your local Citizens Advice.
Alice says
Ok, I didn’t think about them not being a uk lender, thank you for checking that, saved me wasting my time :-) and thank you for your advice, I have spoken to step change and arranged affordable plans myself as the plan they suggested would have taken forever and I knew I could do it quicker. Thanks again :-)
Sara (Debt Camel) says
I’m going to repeat what I just said. If your only income is benefits, you should be looking at insolvency – bankruptcy or a DRO. That is a lot of debt and life is tough on benefits, without paying out money to your debts each month. Go for a clean start.
Alice says
Ok, maybe I should look again, a dmp was suggested that would have literally taken forever, I will definitely have another look! Thanks Sara
Jay says
Hi everyone, thank you so much for this site Sara. Since reading the information you have provided, I have contacted a number of lenders in relation to unaffordable loans. Most of the lenders have rejected my claims which are now with the FOS. Most of the unaffordable loans date back to 2008. When I sent my complaint to the FOS I stated that I only became aware that I had reason to complain a few months ago. After seeing the information on this site I contacted all pay dayloan, catalogue and door step lenders to raise my complaints. However, today I received my first response back from an adjudicator who states that “with regards to the three year limit you should have reasonably known you had reason to complain in 2009, due to this I’m sorry but because of this we can’t take your complaint forward.”? I didn’t know until Febrauary 2017 that I could complain to lenders if my loans were unaffordable. I have been with a debt management company since 2010 and I was not informed by them that I could raise a complaint. I’m just wondering if there is any point taking my complaint further as if this is what the adjudicator is saying about this complaint maybe it will be the same for all my other complaints. It was a catalogue account and each month the credit limit increased to the point I was paying the minimum, missing payments and it continued to increase. Any advice would be greatly appreciated.
Sara (Debt Camel) says
As the article above says, it is going to be pretty hard to win complaints about credit cards and catalogues that are more than 6 years old.
The Ombudsman is looking at older loans from payday lenders and doorstep lenders.
Jay says
Thank you Sara, I will try to explain the reason why I have only just raised the complaint but will understand if they are unable to move forward with it.
Tom says
Bit of information for those who want to get statement information from Very, i called today as online you can only see statements from the previous 1 or 2 years, and i wanted to know when my limit was increased etc for when i send my complaint email.
The girl on the phone told me she could only give me statement from previous 2 years…. anyway after i said this was not true she went off (put me on hold) and came back saying she will send my statements in the post from 2011-Present totalling 75 statements.
So just waiting for these to come, so i can go through and pinpoint exactly when they increased my limit and can cross reference it with what else i was paying at that time (eg. payday loans etc).
Pamela says
I had a littlewoods account that was passes to capquest. Thus was opened 2005, which they defaulted me on in 2008. They added lots off interest and loads off £12 default fees. Iv recently Paid it all off. This account had no CCA .They kept increasing my limit even though I had no job, and only made minimum payment for a long time before I fell behind. They have just took off his off my credit file as they kept changing the date, but I had copy off original default, which I sent them.
Do you think I should try to reclaim
And also will it affect my credit score/rating as it’s just been removed.
Sara (Debt Camel) says
Why did you pay it off if there was no CCA?
I don’t think there is any practical chance of you winning a complaint about increases to your credit limit between 2005 and 2008.
Pam says
What about reclaiming all the £12 charges and interest that was added ?
Sara (Debt Camel) says
I don’t think you will get anywhere with that either.
C says
I have just had my first success with regards to a catalogue. I complained about irresponsible lending and the increases they done on my account. Had email friday to say they agree the account should not have been allowed to be opened, and they are wiping my balance and removing everything from my credit file. (catalogue was JD williams trading as Ambrose Wilson). Thank you to this site.
Sara (Debt Camel) says
Excellent news! Could you say a bit about your complaint as other people will be interested! How large a balance was wiped?
C says
I had 5 accounts with jd Williams trading as ….. They allowed me to open 1 account 6th dec, 2 accounts 7th dec and 2 accounts 22nd july, increasing my limits on all 5. Complaint was about irresponsible lending and increases. The first 3 they didnt uphold my complaint, and the one on 22nd july. However, they agreed my other account opened on 22nd july should not have been opened asi had arrears on other accounts. Wiped balance of 186.00 and all credit file info removed. Have sent others now to FOS as all 5 shouldn’t have been allowed due to my debts and missed payments etc
Sara (Debt Camel) says
ah different accounts – were these different brands?
C says
They were.all accounts within the JD williams group. (ambrose wilson, premier man, simply be, fashion world and did williams). I know 186 isn’t a huge amount but i was happy with that, its a start x
Sara (Debt Camel) says
It certainly is! And the point about accounts in the same group is very useful.
Pam says
I have had a fashion world and simply account which I was allowed to open with a default on my credit file, however I have paid these off in full . The accounts were opened in the last 6 years and they kept increasing my limit. Is there any chance I could reclaim interest charges, especially for irresponsible lending. By doing this does it affect my credit report?
Sara (Debt Camel) says
A single default on your credit record is unlikely to mean they shouldn’t have given you the account. Whilst they were increasing your credit limit, were other new problems showing on your credit record? Did you only pay the minimum amounts? You will have to be able to show that you could not afford these minimum payments each month – can you?
Any complaint will have no effect on your credit report.
Pamela says
The default was to another mail order company actually there was two defaults to two separate mail order companies. I only paid the minimum every month and they kept increasing which ended up being £3000.
C says
Hi all, I would like a bit of advice regarding RBS credit cards upping my limit twice over the last three times.
Account opened in July 2011, in that time I had another 3 cards near maxed out, my overdraft maxed out on gambling debts and was heavily into getting payday loans taking 80% of my monthly pay most months, and they still upped my limit a year later from 1800 to 2500 in 2012 then 3500 in 2015, even though I have a current account with them which was overdraft maxed out 99% of the time, knowing i was paying 4 other credit cards off as well as wonga loans, knowing most of my monthly pay was gone after paying all these and they still upped my limit twice in that four year period.
I contacted RBS and they dismissed it out of hand saying it was affordable and they looked at all my circumstances, but I fear this is just something to get me off the scent of replying to the Ombudsman. Do you think it’s worth forwarding to the ombudsman anyway? Do these cases usually become successful or because RBS is a big power they will just dismiss it out of hand?
Thanks
Sara (Debt Camel) says
It’s worth a complaint to the FO. Plenty of complaints are won against the big banks. These complaints are harder to win than payday loan complaints but definitely worth a try, just keep your expectations low so you won’t be disappointed.
scott says
my credit card complaint was not upheld by both adjudicator and the ombudsman. Just heard back from them.
C says
Hi Scott, was your credit card alot? I got complaints in for both of mine but they both have large amounts and were maxed out. I had been making minimum payments for years now
scott says
increased my limit from 7000 to 9500 and i maxed it out immediately, i had pay day loans missed payments on other lenders within 6 months. still didnt uphold my complaint.
Roch says
Finally plucked up the courage to email Lloyds about Irresponsible lending for my overdraft of £2530, just a waiting game now.
Roch says
Also just got a reply from Very
On this occasion I need to forward this to another colleague within our specialist team, to look into this further.
Please be assured that we will get back to you as quickly as possible.
At least they are looking into my complaint.
C says
Got a reply from aujudicator saying my complaint is not upheld with my ovetdraft, she can see no wrong and also gambling tranasctions. I have asked this to go over to the ombudsman to look at, as nationwide allowed me a credit card with over 12,000, 5000 loan and a overdraft of 2200 without checking my wages, and my account wasnt looked at or they would have seen payday loans and gambling tranactions. Have also said have been making minimum payments on my credit card for years now, and it has caused financial hardship. Will have to wait now.
Lucy says
Hi im still waiting for a response from my adjudicator regarding a loan and two overdrafts with lloyds. Dont think theres a chance i will win as i havent had any luck with the catalogue ones either. Hope the ombudsman sees in your favour though! Good luck
C says
The ombudsman didnt uphold my complaint about my nationwide loan, even though i said they never asked for any proof of income, aujudicator claims nationwide did no wrong with regards to my overdraft, i have asked for this to be passed to ombudsman and I have also quoted section 4 of the lending code, and quoted off nationwide website what they should do before lending, just hoping ombudsman goes in my favour quoting this. Will update you xx
Grace says
Can I ask has anyone had a refund from a catalogue or doorstep lender?
Sara (Debt Camel) says
For doorstep lenders, see this other article: https://debtcamel.co.uk/refund-doorstep-loans/.
For catalogues, look back through the comments on this article. So, for example, today (26/05) C has reported an offer to wipe the balances on three catalogue accounts.
Lucy says
Hi i just wanted to update you guys. Although ive had my next directory complaint not upheld by an adjudicator ive just had another adjudicator uphold a complaint against newday credit card that states she thinks they should never of given me the account due to all the credit i already had and a low monthly income. She says all interest and 8% to be added. The money i get back is enough to clear this account and have about £500 spare! Hopefully they agree but if not off to ombudsman. Very happy thank you for anyone who has helped making the complaints i never would of known
Lucy says
Also for anything negative to be removed from credit file. I think theres only a couple of missed and late payments if they are removed will my credit rating still stay the same? Thanks
C says
Well done lucy, was it a large credit card? Nationwide still havent sent over the files for my credit card, but it is a large amount (12,000) and no proof of income asked!!
Lucy says
Hi it was only for £2000 they said they would of done a credit check but they didnt have any proof of any affordability checks other than i told them my income was £500 per month. They never increased it but the adjudicator said i should never of been given the account at all. It took ages this was one of my first comaplaints probably back end of last year the adjudicator had it since jan but newday took months just to provide her with any info. Good luck with yours
debbie says
Hi Advice re response times please.
I put in a complaint to Vanquis on 23rd February and got a “we do not agree letter” on the 21st April so have passed it to the FO. I have had an email from FO to say….. We have now asked the business to send us the information they have about this complaint so we can look into what has happened.
Once we receive this, one of our adjudicators can begin to investigate. They should be in touch within twelve weeks to introduce themselves and discuss the complaint in more detail.
Has anyone else had this? I thought it seemed a long time to allow vanquis to respond and then have to wait for an adjudicator to be assigned, just wondering if I should query it with the FO.
Thanks for your thoughts
Sara (Debt Camel) says
That is a standard email. It’s hard for the FOS to do much without the info from the lender. Vanquis may well respond quickly and your case may be picked up quickly.
Lucy says
I had the same my cases have all been picked up very quickly its just the waiting from the lenders that takes time. Ive only had one complaint with newday that took them months to get the info together the rest have only been weeks
C says
Just had this for my complaints against Freemans, look again and curvissa but dont really understand it tbh, can anyone help (i get the bit about Eos its the bit after)
After reviewing the accounts I have instructed EOS solutions not to pursue these debts and no further collections activity will be taken. We must however advise you that details of the accounts will be registered with a credit reference agency. Lenders consult these agencies when deciding whether to grant credit. I have also removed the search that had been recorded on the records of call credit
Does this mean the accounts are suspended but showing on my credit files?
Charlie says
It looks like they have written off any debts you had outstanding with the catalogues but they are refusing to remove any credit history from your file
Lucy says
Hi i have yet to complain to freemans. Did you send in the template letter? And explain about unaffordable increase in limits? And this was their response to write off the debt? Thank u
C says
Yes sent in template letter and added about increasing my limits, yes this was there response to all 3 of my accounts ( im disappointed about not removing defaults but happy with outcome).
C says
Had my response from next today,. ” im afraid it isn’t going to be possible for me to write off the balance on your account, ive arranged for Akinika ( the external collections agency) to return it to us. And as soon as its back, i’ll ensure its put on hold to prevent us seeking payment from you.
But i need to let you know the default we registered on 21st April 2017 will remain on your credit files for 6 years. And, as the balance is still outstanding, it would be in your best interest to make affordable payments if your circumstances improve in the future”
Do you think i could go to the fos to try and get the credit markers removed?
Sara (Debt Camel) says
How large is this balance? Do you think this is adequate financial compensation? What is the rest of your credit record like?
C says
Balance was 1200, my credit file is awful tbh loads of debt and defaults. I am happy with the outcome just disappointed about not removing the markers/defaults x
Sara (Debt Camel) says
Well if your credit record is dreadful, just removing one or two defaults isn’t going to make any difference.
If you want to accept this offer (that sounds like a large balance, but obviously I don’t know how much you have paid them over the years), then I think you should ask them to confirm in writing that they will not sell the debt to any third party in future. If you get this, keep it and the letter/email saying they will not enforce the debt, VERY safe for the next 6 years. I’m not suggesting it’s likely you will have trouble in future but better safe than sorry!
You can ignore what they are saying about starting to repay the debt to improve your credit record – bizarrely repaying a defaulted debt doesn’t actually help your credit score, see https://debtcamel.co.uk/defaulted-account-credit-score/. The only situation where it would be good to repay a debt the lender has agreed not to enforce is if you want a mortgage, but it doesn’t sound as though you are close to that at all.
Sara (Debt Camel) says
Well, you have three choices. Accept the decision (do get it in writing they will not sell the debt to a third party) OR go back and ask for the default and any arrears to be removed or you will send it to the Ombudsman OR send it to the Ombudsman.
Sorry, not enough people have got this far for me to have any idea if the second “negotiate” option is likely to work.
C says
Got a email today confirming that the 3 debts for the 3 catalogues will not be sold on to 3rd party debt collectors, but they refused to remove the defaults. Im going to try my luck with the FOS to try and get them removed. Thank you Sara and this site xx
Lucy says
Just had a reply from an adjudicator regarding a my loan and overdrafts complaint and he said i did it online myself so lloyds are not at fault. Seems to depend on which adjudicator you get as to the outcome?
Ross says
But didn’t everyone do the payday loan applications ‘themselves’ online, so surely that statement doesn’t make sense, from the adjudicators point of view?
Lucy says
Good point! I have just had a credit card complaint upheld and i applied for that online which i have just replied and told him. I will say the same about the payday loans thanks!
Lucy says
I have just emailed him and stated that my payday loan complaint was upheld by an adjudicator and all they could see was my credit file and that i kept borrowing too same as Lloyds and were both done online. The other adjudicator upheld my credit card complaint due to how much debt was on my credit file, looked at my bank statements and said it was never affordable so how is it different with different adjudicators? Doesnt seem fair. He hasnt even looked at my credit file or bank statements so im sending them anyway and will wait for the ombudsman
Ross says
It will be interesting to see what an ombudsman’s point of view on this will be? I can’t see how an adjudicator can say that applying for overdraft increases online makes it any better than applying for continuous PDL’s online too? It’s all down to how your finances were and if these increases were responsible and/or affordable. If they argue they didn’t need to check your financial circumstances, then surely every customer could increase their overdraft to unmanageable levels, regardless of whether it was affordable or not?!?
Lucy says
Yes its exactly the same?? Lloyds could see the same as Quick Quid would of done and i applied online for both continuously so not sure whats different but ill wait and see. Ive told him all this now and sent my credit file. The cases i have won so far asked for credit file and bank statements and the ones where the adjudicator hasnt upheld them are where they havent even asked for them before making a decision!
Lucy says
He has said he will look at my credit file in case it would change his decision before sending to the ombudsman. He says that all cases are different so he cant say why my payday loan one was upheld etc and this one not. Ive just said they were all taken at the same kind of time frame, all online, i was earning the same and my credit report would of shown both lenders the same thing. See what happens
Lucy says
Ive just noticed on Very’s website that you can now opt out of automatic credit limit increases, decrease your limit or apply for a higher limit all online. Was this there before or do you think this is new due to the complaints they are getting?
Sara (Debt Camel) says
The regulator is encouraging firms to add this sort of option. It’s not because of these complaints.
Carol says
Hi – my credit file is currently okay. However. in the past it hasn’t been, particularly at the times I took out high interest credit cards and thereafter got increased limits which I used and continue to do so.
If I raise a complaint re e.g. historical interest/credit limit increases and succeed with obtaining a refund of interest, will that affect my credit file now/going forward please? I don’t want to risk any markers being placed on my accounts/credit files.
Sara (Debt Camel) says
There is no problem with any account that has been closed.
If it is open, the question is can you afford the current repayments? If you can, it’s hard to argue the credit limit increase was unaffordable. You can argue that it was unaffordable for years but it’s now OL, in theory that is a reasonable approach but it’s less simple than the normal one.
If you can’t, well you really shouldn’t be paying them, which will hurt your credit record… if you go on to win a complaint some problems with your credit record may be removed, but you may have to go to the Ombudsman to get this.
Freddie says
Hi, I had payday loans from Jan 2011 all the way through to 2014 and in July and August 2012 with 3 or 4 recent payday loans I applied for an Aqua Card and a initial Barclaycard. Both accepted me and I hold these max cards to this day, is this a good case for irresponsible lending from the outset? Sara, your thoughts would be appreciated.
Thanks a lot
Sara (Debt Camel) says
A few payday loans that you were repaying on time? No – it can be argued that you would be better off with a credit card as they would let you borrow and it would cost a lot less.
But if you had missed payments or defaults recently, or you were given a large credit limit, that could be irresponsible lending.
Leigh hayes says
Hi I’m a gambling addict and I got in so much debt. Nationwide allowed me to overdraft my account to £1500 and also gave me a loan of £1500 which I paid back when I had a gambling win. A week later I took out another loan with them. The thing is I’m on benefits always have been and there are loads of gambling transactions coming out of my account so they knew I couldn’t afford these loans. I’m wondering if it’s worth me making a complaint. I owe them money but would be happy to get any refund I’m entitled to taken off my debts. I just think it was irresponsible of them to give me so much money. Is it worth me making a claim? Or does the fact I owe them money go against me?
Thanks for any advice in advance
Sara (Debt Camel) says
Have you stopped gambling? If not, then this is what really has to be tackled first, see https://debtcamel.co.uk/gambling/
Steph says
Hi, just to provide people with an update:
Vanquis gave me a big fat NO as the credit limit increase was more than 6 years ago. Referred to FOS and they agreed – fair.
Aqua Credit Card – received my written complaint (they don’t do email), did not send me an acknowledgement. Chased today after sending a letter more than a month ago, and they’ve apparently closed my complaint with no investigation. I’ve requested it to be reopened.
Very Catalogue – still investigating beyond 8 weeks, submitted to FOS.
Will post further updates when available. Anyone had any luck with Aqua or Very?
Lucy says
I had a credit card with Newday they didnt increase but adjudicator said if wasnt affordable from the start – still waiting to hear if they agree or ombudsman.
Lloyds overdraft and loan Lloyds didnt agree and adjudicator didnt agree so with ombudsman.
Very & Littlewoods didnt agree both with adjudicator awaiting response after about 2 months.
Next directory adjudicator agrees with them they did no wrong in giving increases. With ombudsman.
Will update when i know more
Matty says
no luck with Aqua, bog standard response with mine….you are responsible for your limit and agreeing its manageable etc etc. straight to ombudsman with mine
scott says
Very (Shop Direct) hasnt replied to me or the adjudicator since January. The adjudicator has upheld my complaint as Very have not provided any information about the complaint. They have until 7th June to reply otherwise it will be in my favor. This dates from 2013 to 2016.
Lucy says
My very one has been with adjudicator since beginning of April. He said about 3 weeks ago Shop Direct had sent my wccount info over and he would have an update withib two weeks but i still havent heard anything yet. My complaint is from 2012-2017
Dani says
I am still waiting as well! They didn’t respond so took it to ombudsman and the adjudicator has been constantly chasing them for a response but nothing as of yet!! What makes me laugh is they continue to send texts to try and get me to spend even though I have just paid of DMP, never learn
Maureen says
Hi Sara, I’m doing really well with my Payday loan complaints so thought I would take a look at my Littlewoods catalogue one. I defaulted and stopped paying the account in 2013, balance around £5500.00 which was then passed to Capquest, for a long time since I paid a token payment of £1.00 a month off the balance, they have this week come at me threatening legal proceedings. I remember in 2012, Littlewoods renegotiated this balance when I asked if I could reduce the payments. They closed the old account and opened a new one with the existing balance which can be seen on my credit file. My question is…..at the time of renegotiation and when they were increasing my credit limit from 2010 – 2012 , I had various payday lenders on my file. I was using the catalogue to order I pods, gameboys etc (i probably ordered around 10!) to then sell on for money to make the payday loan repayments…vicious circle I know…..based on this info, is it worth pursuing do you think or not? Some of the limit history pre 2011 has dropped off but you can see 2011 they increased from £5800 to £6300 when substantial payday lenders were evident on my file. Your advice would be appreciated. Many thanks
Liam says
Hi,
I’m thinking about making a complaint against Vanquis. They gradually increased my limit from 2014 to £3000 despite the fact I was using the account to gamble, was regularly at the limit, and had numerous payday loans and a bad credit score from when the account was opened.
I have recently contacted them and been put on a plan where I make £20 contributions per month and they are charging 0% interest. Is it worth pursuing a claim considering they have been very helpful to put me on this plan; and, if I were to complain, should I wait until I have paid the outstanding amount and the account is closed?
Thanks in advance
Sara (Debt Camel) says
Complaining shouldn’t affect your current arrangement – I see no reason to delay.
Claire C says
Hi Sara
I was in exactly the same position as Liam above.
However, the debt resulted in a CCJ in 2015. I note from the information above, that claims cannot be made if there is a CCJ. Is this still the case? Is it worth me attempting to submit a complaint?
Thanks
Sara (Debt Camel) says
Well you can put in a complaint, I’m just saying there is a good chance it won’t be considered if it has resulted in a CCJ. There isn’t a hard rule that it has to bee ruled out, it’s up to you if you think it’s worth pursuing.
Dani says
Hi guys, just received this for adjudicator for three catalogues. Let me know what you think?
I’ve heard back from Shop Direct now and it would like to make you an offer in the attempt to resolve your complaint. It’s offer is:
“To clarify, following receipt of a signed settlement form we intend to complete the following actions;
Account 1
· Refund all interest charges applied to the account, totalling £718.97
· Refund all administration charges applied to the account, totalling £36.00
· Remove any derogatory information exchanged with the Credit Reference Agencies.
Account 2
· Refund all interest charges applied to the account, totalling £3200.85
· Refund all administration charges applied to the account, totalling £75.00
· Remove any derogatory information exchanged with the Credit Reference Agencies.
Account 3
· Refund all interest charges applied to the account, totalling £1357.87
· Refund all administration charges applied to the account, totalling £106.00
· Remove any derogatory information exchanged with the Credit Reference Agencies.”
I’ve confirmed with Shop Direct that its offer will include 8% simple interest.
Cheers
Dani
Sara (Debt Camel) says
Those offers are in terms of “all interest”. Unless you think any of the sums are wrong, then it sounds like a complete refund – well done!
Dani says
Cheers Sara. In terms of interest of 8 % do you think that is already included in the figure or will be added on? Cheers Dani
Sara (Debt Camel) says
oh I see, yes “I’ve confirmed with Shop Direct that its offer will include 8% simple interest.” isn’t very clear is it. My guess is that if they have said what the interest totals, then the 8%s will be added on top of that. I think you should ask the adjudicator if this is the case.
If you have all the statements for one of the catalogues, you could go through and add up the interest?
Jack says
Hey Dani – sounds like a good deal to me!
What was your situation if you don’t mind me asking – did you have really bad credit at the time of taking out or was it just general affordability?
dani says
We got ourselves into a bit of a debt spiral to be honest, ended up with a DMP and 50 grand plus debt :S Managed to sort ourselves out and clear all debts within 3 years thanks to a decent payment on the DMP and a few affordability claims on payday loans and bank accounts. Best thing we ever did!!! I went along the lines of affordability and also ridiculous credit increases even though I couldn’t afford them.
Sara- struggling to find my payments that I made as the accounts have been around for years. Kept my balance each month since 2011 but not payments!! It seems like a considerable amount so think I will go ahead and accept the claim.
Keep going guys, this website has been amazing, thank you so much Sara + co!!
Jack says
Hi Dani,
I’ve just had an offer from SD too.
Just wondered, did they add 8% simple interest on top of your totals or was it already included?
Thanks,
Jack
Dani says
Hi
I’m not sure to honest as the adjudicator said the way they have worded it could imply either way. I was happy with the total anyway so if the 8 % is on top it’s a bonus. Adjudicator says 2 weeks max for payment ?I accepted offer providing I had a clear breakdown of the interest etc. Sorry not helped much and glad you got an offer
Dani
Jack says
details
I had a few different catalogues with Shop Direct, all with high credit limits that kept increasing. They didn’t carry out the correct checks as I had significant debt at the time and was making minimum payments until in the end I couldn’t afford to pay anything.
SD has offered to refund me all interest and admin charges, which will really help me out a lot.
Thank you Sara – I know you hear it a lot but it really is down to you and your advice here on DC! :)
Marie says
I have had a call today from the ombudsman service, the lady told me that shop direct have made me an offer of £168 as a goodwill gesture because of the length of time it has taken from when I first complained, which is now 7 months. I don’t know what to do,I thought I would get the interest paid and statutory interest of 8%?
Sara (Debt Camel) says
IS the adjudicator just telling you about an offer from Shop Direct? Has the adjudicator looked at the case yet?
Marie says
Hi sara,
The adjudicator called me first and then she sent me an email. I have copy and pasted.
Your complaint about Shop Direct Finance Company Limited (Our
Thank you for waiting while I’ve been looking into your complaint. I’ve now looked at all the information that you and Shop Direct have given me.
To summarise, you told us that you were unhappy you’d been missing payments and Littlewoods had increased your credit limit.
Shop Direct is making you an offer
Since I’ve been talking to Shop Direct, they’ve let me know that they want to make an offer to settle your complaint. They’ve suggested due to the length of time it has taken for it respond your complaint as a gesture of goodwill, it’s willing to do the following:
• Refund all administration charges applied to the account, totalling £158.
• Remove any adverse information reported to the Credit Reference Agencies.
• Please note that this account is net interest bearing and as such a refund of interest is not applicable
Looking at the offer, I’m satisfied this is fair way to resolve this issue in full and final settlement of your complaint.
what happens next
You now need to let me know if you want to accept Shop Direct’s offer. If you do, then please sign and date the enclosed form and send it back to me by 21 June 2017 I’ll let Shop Direct know – so they can arrange for payment to be made. But if you don’t want to accept the offer, please tell me why you’re unhappy by 21 June 2017 – so I can try to move things forward.
If we don’t hear from you by 21 June 2017, I’ll assume you no longer wish to we might not be able to look at your complaint again. So if you think you’ll need longer, please let me know as soon as possible.
In every case, both the business and their customer can ask an ombudsman to make a final decision. But now Shop Direct has made an offer, I hope we can sort things out sooner.
If you have any questions, please get in touch.
Sara (Debt Camel) says
” Please note that this account is net interest bearing and as such a refund of interest is not applicable” an odd statement. Have you seen interest being added on your monthly statements?
Jack says
I also got that regarding ‘not interest bearing’ – but not sure as don’t have any statements etc…
Jack says
Hey Dani – have you heard from SD yet or received your payment?
Dani says
Not yet! I’m getting a little impatient lol. I phoned them two days ago and waiting to hear back. They haven’t made any attempt to obtain payment details so not sure what’s happening? Have you heard anything yet?
Steph says
Hi Dani,
I’ve also just sent off acceptance of a settlement offer to the FOS. SD also haven’t asked for my bank details to make the payment, do you know how they’re planning to refund you? Directly in to your account? Or perhaps cheque?
Thanks
Steph
Jack says
No nothing. I asked the investigator if he needed my bank details and he said SD would be in touch directly within 4 weeks, which is a bit much!!
Dani says
I got told to contact adjudicator if I haven’t heard anything in two weeks which will be Tuesday. I don’t know how they intend to pay the money to be honest
Jack says
I asked my adjudicator and he said he didn’t know how SD work but as they don’t have my details they will probably send a cheque out. Also, as it’s a ‘gesture of goodwill’ apparently the 8% simple interest is discretionary.. Anyway, we’ll see I suppose!
Dani says
Hi
Just so you know Shop direct have finally come back with the 8% interest totals. Just under £1000 so receiving a total of £6333. Persevere guys as I thought they would throw it out even though I knew I had a case and here we will be in two weeks time with a significant amount of money! And already debt free following the payday loan refunds!!
Keep going guys and thanks Sara!
Dani
Sara (Debt Camel) says
nice one!
Tony says
Hi dani,
When and how did you log your complaint?
Was this direct with shop direct or via the FOS
Thanks Tony
dani says
I originally complained to Shop direct online- three separate complaints due to three different catalogues. Initially it was January 2017 and they kept asking for more time so I then took it to the ombudsman at around 10-11 weeks as I gave them a little longer. It went to the adjudicator and they were constantly chasing them and then it came back this week.
Tony says
Thanks mine went in on the 28 February had 2 letters 4 weeks apart last being 27 April I called them today spoke to my investigator who said it was with a different department and couldn’t give me anytime scale another for the foc I think.
C says
Hi, was this a little woods account? I have a complaint in against little woods but on the headed note paper they send, its shop direct.
Dani says
It was very, additions and isme but they now trade solely as very on the website but shop direct overall. I think littlewoods was part of shop direct as well. Hope this helps
Tony says
How do you go about claiming insurance from vanquis as when I called and asked about it they said it wasn’t ppi so I can’t claim?
Tia Tony
Nim says
Hi Tony,
I was in the same position, they try to fob you off as they are right it’s not PPI, but the same as Repayment option plan, that’s what it is.
So check your statements and see if you were paying this? Then go back and tell them.
I got back over £900 credited back to account – and they then lowered the credit limit!
Hope this helps
Best
Nim
Lucy says
Just had an ombudsman decision regarding my next directory comaplaint he agreed with them and said they couldnt tell from credit checks and the managing of my account that the increases were unnaffordable. Although the adjudicator had told me they didnt do credit checks when i had the increases. Never mind still hoping on better outcomes for the rest of my complaints
Kevin says
Just had the adjudicator tell me she thinks vanquis was fair with me even though every time the limit went up it put me more in dire straits, using it to pay payday loans and bills.Surely they should have to check outgoings and things too, off to the ombudsman with it but not holding out any hope, she seem to think because they have cut their interest down for the last few payments they are acting great, how did I get in this position in the first place is my argument.not happy
Sara (Debt Camel) says
Have you supplied bank statements and credit record?
C says
Just had final decision from ombudsman about my nationwide overdraft increase, and its not upheld, saying it was down to me and think they done no wrong ?
Malik says
Hi sara i just want guidance on what ican do. I have vanquis credit card and let increased my limit few months ago fron 250 to 1000 and that put me in difficult after it was maxed out because at the same time i have a loan with missed payments, very account with missed payment, and 2-3 other credit cards with missed payments. Also as am a student my wages were cut by 1/3 as am doig less hours, so after speaking to vanquis they agreed to freeze my account for 2 years if i supply them wih bank statements every 3 momths but the balacr is still there of 1000 is there any way i can get it written off?