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?
stef says
hello
i was reading a article about ppi2? i didnt quite under stand it or how to claim it?
thank you
Sara (Debt Camel) says
See https://www.moneysavingexpert.com/reclaim/ppi-loan-insurance/.
The only way to claim is by going to firm of solicitors.
Aj says
Hi, I have a claim against next that I started off with a limit of £150 within 6 months was maxed out at £3750 then they took it away making me over limited, I got into trouble with charges etc and now on a payment plan. They reflected my complaint and it’s now with FOS, has anyone had a claim against next and able to give me a idea of how long this takes? Also if it goes in my favour are they quick to pay out?
Mary says
Hi, I was in a similar place with Next, made a complaint and Next rejected it. I sent it to the FOS towards the end of 2019. I finally had a response from adjudicator in my favour last week. Next have until 28/04 to reply. So far I haven’t heard anything but once I do I will update on here. Thank You.
Matt says
Hi all
Out of interest what happens to a redress if you win a case at the FOS but the company complained about has since sold the debt? Is it still used to clear the old debt even if not with the original lender that the complaint is against?
Thanks
Matt
Sara (Debt Camel) says
The lender will sort out with the debt collector so you get the proper refund.
Kelly says
Hi, I raised an affordability complaint with vanquis about a previous credit card and I received an email back saying that my complaint has been logged and provided me with a reference. They said they would get back to me in due course. What is a realistic timescale to give them until I chase them for an update? Thanks.
Sara (Debt Camel) says
8 weeks. If they haven’t replied then. send the complaint to the ombudsman. Vanquis often reject or make poor offers so it’s not worth waiting longer for.
Kelly says
Hi Sara, the postman has just been and I’ve received a letter from them, you were right, they’ve rejected my claim even though they were aware I had CCJs and Defaults. They still thought they borrowed fairly. Is it worth me accepting their rejection? What are my chances of appealing?
Sara (Debt Camel) says
Is it worth me accepting their rejection?
What would you gain from doing that?
Are you complaining your original limit from them was too high? Or that they increased it too much?
Tracy says
Hello
Im new to Debt Camel and have found it extremely helpful in lodging irresponsible lending complaints against Marbles, Vanquis, Studio and Very.
Studio and Vanquis has gone to the ombudsman. Marbles upheld my complaint and im currently waiting on a decision with Very.
In regards to Very, account opened June 2011 with limit of 300. From my credit report my limit was 850 in March 2012 then jumped to 4050 by January 2013. This increased to 10,000 by August 2016.
Has anyone had any success with Very?
Thanks
Sara (Debt Camel) says
here is a recent comment: https://debtcamel.co.uk/refunds-catalogue-credit-card/comment-page-22/#comment-418997
If you look back there are other comments on Very. A lot of catalogue cases have to go to the Ombudsman. If they make you an offer , make sure it is a good one as if you accept it you can’t change your mind later.
Ali says
Hello
Could you tell me more details regarding your marbles complaint please? They didn’t uphold mine but FOS have and they have rejected again:(
Thanks
Ali
Tracy says
Hi
I opened account in November 2017. They increased my credit limit shortly after this a couple of times but I already had high levels of existing debt and did no affordability checks. Complaint letter sent and took the 8 weeks but they upheld and received redress within a week:)
Ali says
Wow,lucky you. I didn’t have any credit limit increases but affordability checks weren’t carried out properly..how much did they refund you if you don’t mind me asking? I’m hoping for all interest and charges from 2017 also.
Thanks
Tracy sowerby says
From the first increase I recieved 339.53. My credit limit was only 600 so was a decent amount:)
Ali says
Good to hear.
I’ve had confirmation today that mines been referred to the ombudsmen so could be a long road ahead but hopefully they agree with the adjudicator.
Ali says
Also re very I complained direct and got 1000 wiped, I can’t remember limit think about 3000 max started less and I had wiped a lot of it,left with 1250 and then they wiped 1000 so paid last 250 off,not bad.
Tracy Sowerby says
I have recieved a letter with regards to them looking into the complaint and they are asking for more time. Ive sent to financial ombudsman now as if i wait further it could still be a rejection. Im pretty hopeful as Ive read quite a few complaints being upheld without going to FOS as I feel they knew the credit increases were automatic back then:)
Well done on your little victory and im sure the adjuicator will be in your favour too:)
Katie says
Hiya
I don’t suppose you have an email address for Marble? It’s like looking for a needle in a haystack!
Thanks
Tracy Sowerby says
Hi
I had to write as I had the same problem with regards to no email address. Just make sure you send signed for delivery:)
NewDay Ltd
PO Box 700
Leeds
LS99 2BD
Paul says
Hi
I had a debt with Very that went to debt collector (Lowells) which resulted in a CCJ. I have just had my complaint upheld by Very (Shop Direct) and they have sent me a cheque for £2183. The debt with Lowells is £3485. I am not sure how I should proceed with Lowells in order to get the debt clear and the CCj set aside.
Any advice would be really appreciated.
Sara (Debt Camel) says
Did the cheque from Very take into account the amounts you have paid to Lowells so far? Was the decision from Very direct, or did you go to the Ombudsman?
Paul says
Hi Ellie
Here’ what they said:
‘.we are upholding your complaint from 2 Jan 2016, when your credit limit was increased from £2425 to £2725. Accordingly, SDFC will calculate the redress from the point your balance exceeded £2425
Standard Interest £1242.45
Buy now pay later deferred interest: £706.55
Admin Charges £234
Total £2183
Rh
I have recently paid £300 towards the total from Lowells of £3785so the current balance with them is £3485.
Lowells entered a CCJ against me in 2019
Paul says
and sorry, the complaint was upheld from Very themselves. I had not accepted this either. They just sent the cheque
Sara (Debt Camel) says
It isn’t clear to me if they have added up the amount of interest you paid – in which case they need to take account of the payments to lowell as you have paid those.
Or if they have added up the interest charged and refunded that. If they have done this then you can use the refund to settle the Lowell bill.
But you can argue that Very should be paying the cost of getting the CCJ removed.
Paul says
Yes, I am not clear on that either and will seek clarification. Thank you
Delyth says
Hi
How long did very take to deal with your complaint? They’ve had mine for 8 weeks, and today I recieved a letter to say it’ll take a further 4 weeks. How long do I give them before sending it to the ombudsman?
Paul says
It took about 6 weeks to get to this point. I was going to give them 8 weeks but not sure if that is right.
Ellie says
Just an update on a case I have had in with Aqua for a long time now, it had been with my adjudicator for over a year with no progress.
I put in a complaint with the ombudsman, who agreed less than 2 weeks later they should had dealt with it by now and communicated better, they also offered me some compensation – 2 weeks after that I had a decision from the adjudicator, in my favour not only saying the limit increase was unaffordable, but that they should never have given me the card in the first place. Aqua has obviously rejected these findings and it’s now in a queue for the ombudsman, hopefully they agree with the adjudicator!
Despite initially being frustrated at with the financial ombudsman and the responses I was receiving, I feel they’ve genuinely listened to my circumstances, case and concerns and done what they could to speed things along for me.
Fred says
Mine’s been with the adjudicator for 6 months now. But he was mainly waiting for Newday to provide info.
He said now he has it and thank you for my continued patience. Not sure when to push it further as I am always wary of pushing might go against me (not true but I am a worrier)
Cazza says
After some advice, before Christmas I had a great guy from Barclays who assisted me with my overdraft charges because of Covid. I’ve been very anxious about the plan but had no issues.
I called several times and no problems, I then had a courtesy call re my payment holiday on my loan as I have started payments and they were checking I was ok to make the payments – no problem, when she asked if there was anything else she could help with I raised the overdraft plan and the fact I wanted to review it next month and resume interest payments.
She said she would need to contact the team or I could so I said I would. About ten minutes later she called me back to say she had got through and had the information, there were no issues and what were my plans. I asked how long the plan was in place for and she stated 12 months so I said I would call back after finalise an overdraft reduction plan, my mind was at ease – no issues raised at all.
Today I receive in the post a termination notice for the account?
I am in such a state, it’s too late to call and I’ve just got in from work and I don’t k PE if there is any way back from this. I remember being told that sometimes these letters are generated but how can this happen when she assured me there were no issues?
Sara (Debt Camel) says
I think you need to phone and say you don’t think this is fair as you were told the plan would run for a year and you have kept your side of the bargain.
IS this your only bank account?
Cazza says
I have a loan account with them which I have resumed payments on and a credit card which again I have resumed payments on, and a joint account with my ex-husband which has had £50 in it for years.
I am trying to recall if it the same letter I had when I entered the arrangement as I remember ringing up panic stricken then and because I have worried about this all the time I have called before and was told I may get a letter of a similar nature but I’m worried sick as I don’t know whether there is a way out.
I have worked so hard to sort my finances out this year, am no longer reliant on payday loans and have reduced what I owe and improved my credit rating so this would be a huge blow.
I can’t see how I can be told there are no issues on the same day the letter is sent, the whole concept of the arrangement was to support financially – up to this point they have been amazing so I am really hoping there is room for discussion as I am happy for the interest to start up and as discussed on the phone in the week, set up a reducing overdraft plan.
Ross says
Hi all,
Could I please ask if anyone has any experience of complaining to Marbles (Newday)?
I have decided to submit a complaint as, at the time of taking out the card, I had numerous credit cards (all up to their limit and making minimum payments), sub-prime loans and payday loans (my credit record was also abysmal). Thinking back, I was absolutely amazed that they even accepted me, in the first place, especially based on the fact that I also had an Aqua card (within the same group) which was maxed out. I’d appreciate hearing from anyone else who has made a similar complaint. Thanks.
Mike says
Hi I’ve just recently complained to new day over a marbles and aqua card. They dismissed the complaint and closed both cards (without warning) cards are only there to be repaid. I have forwarded to the ombudsman.
Ross says
Thanks Mike, much appreciated. I’ve paid and closed the card already, so they won’t have that privilege! How long did they take to investigate, may I ask please? I can see it going to FOS, if I’m honest.
Mike Chapman says
Took a good two months if not more to be honest. I had to chase them up as first I had heard is when I went to do a balance check at a cash point and it kept my card! Fingers crossed the ombudsman takes my side as they have been a really horrible, awkward company to speak with.
Sara (Debt Camel) says
It is sensible to expect that these complaints will have to go to the ombudsman.
Ali says
Hello
I complained to marbles last year over a £900 limit card they gave me in 2017. I maxed the card out pretty fast and was paying minimum payments every month so barely touching the balance after they applied nearly the same amount of interest and charges as the minimum payment. They never increased my balance and I managed to pay the card off last year after getting 2 refunds from payday loans.
So marbles rejected my affordability complaint around November 2020 and referred to FOS who picked it up in the last couple of months and upheld my complaint a couple of weeks ago for all interest and charges to be refunded back to the opening of my account, however marbles have rejected this so now waiting on FOS to review again…guess it’ll have to go to Ombudsman now. I was hoping for a quick resolution like my payday loans but guess not as straight forward with credit cards! I had around 10k debt when I took out the marbles card with numerous other credit cards and payday loans, out of control! I have 3k left now with barclaycard to clear by the end of the year, was hoping a refund from marbles would help to clear that but maybe not or not as fast as hoped!
Fred says
I have a complaint in with a company who’s given me numerous cards,
The investigator has asked if the card company can have a copy of my credit file.
Any ideas why they might want this? I have sent several as my current one is good as I have had plenty of things removed in the last year or so. But I have previous ones with multiple payday loans/loans and other cards
Sara (Debt Camel) says
It shows your other borrowing.
I suggest you send the oldest report you have.
Fred says
Thanks, Sara,
one other thing I ask if I may is I did a SAR with them which they sent me.
I’ve looked carefully through all of this information and do not see any sort of record or mention of any checks they may have made on me when giving me cards/limit increases. Would that normally be in there? some of it isn’t easy to read as it’s very data driven,
But wanted to know if they may have other information they can produce to the ombudsman that I might not have seen? or should Ihave all of this in my SAR.
Sara (Debt Camel) says
It should all be in there. Wait and see what the investigator says…
Michelle says
Morning, I put in a complaint to very and littlewoods 4 weeks ago had a letter of acknowledgment a week later , then Saturday received this
“Further to our previous letter which knowledge receipt of your complaint on your very account if we are unable to void you with a final response in the next four weeks will write to you again to explain why and let you know when this can be expected and what your options will be at the time”
Are they pre warning me that the have no intention of sorting this in the 8 week time line ?
Thanks
Sara (Debt Camel) says
It is a standard 4 week letter they send to everyone.
Michelle says
Just a quick update for you Sara ,
Won both very and littlewoods complaints in just over 4 weeks , both account balances wiped and £5018.84 cash refund , thank you for your amazing page I’m so close to being debt free all thanks to this page
Jodie says
Do you have email addresses to contact these please or did you write? Congratulations!
loulouports says
Hi did you receive a final response letter or did you find out by logging into your account? As i put in a complaint to Very 5 weeks ago and i owed them just over £500 but i logged into my account tonight and my balance is saying: -£5,511.61. Iv’e not had a final response letter yet but im confused as to why my balance would be saying that. Congratulations by the way!
Victoria says
Good afternoon, I accepted a settlement from very through the financial ombudsman and it’s been over the 4 weeks now, has anyone else been in this situation as it’s frustrating! I’ve emailed my adjudicator today and contacted very on Friday who said they have no further information on the case. Should I find the ceo email address? I’m getting married in a week so the money would help a small reception when restrictions lift.
Sara (Debt Camel) says
who said they have no further information on the case
Are they saying they don’t realise you have accepted the settlement offer? or that they don’t know when it will be paid?
Victoria says
Good afternoon, very are saying they don’t have information when I will be paid.
Sara (Debt Camel) says
ok, well at least they know you should be …
I am sorry but you should not base plans on this money arriving in the next few days :(
(But congrats on the wedding!)
Franky says
I have put in a complaint to the halifax, I am on benefits but they kept letting me increase my overdraft up till £1000,even though I had no money going into the account,I just transferred money in from other account to cover fees. I also complained as to why I’m forced to pay 49.9% apr while some are paying 39% apr. Do I keep covering the fees and see how my complaint goes? If rejected I’m going to ombudsman.
Sara (Debt Camel) says
Do you have other problem debts as well?
Franky says
No other problem debts. A few credit cards but very little to pay off.
Sara (Debt Camel) says
OK, well I suggest you open a new basic bank account, see https://debtcamel.co.uk/bank-accounts-after-bankruptcy/ . No overdraft. You won’t be refused for one of these because of your poor credit record. (It must already be poor of they wouldn’t be charging you that much.)
Then move all your benefits and direct debits/standing orders over. And then tell the Halifax you can’t afford the charges, so ask them to freeze then and start just paying £10 a month or something affordable to the account.
loulouports says
Hi, i received my final response from Very today (after 7 weeks) My opening credit limit was £600 eventually increased to £2,800. They partially upheld my complaint from 26 April 2014 (account was opened march 2013) saying they had deemed that they had extended more credit than what i could repay.
Account interest: £517.44
Buy now pay later interest: £828.48
Admin fee: £12
Total: £1,357.92 They also say 8% simple interest will not be added and arrangements of the outstanding debt of £2,888.87 sold to lowell will be returned to them and that they will not be pursuing any remaining balance, no redress will be paid directly to myself. Should i take my complaint to the Ombudsman now as i don’t understand why they have partially upheld it as they were made fully aware i was struggling financially and they was never sympathetic to my situtation.
Sara (Debt Camel) says
What is your current balance with Lowell?
loulouports says
Lowell balance is £2,883.87
Sara (Debt Camel) says
ok so I think they are offering to call that back from Lowell and write it off. You could ask them to confimr that your credit record will be changed to show that you do not owe any money on it?
If that is the case – and you need to check – does that look like satisfactory redress to you?
Regardless of what they call it, a partial uphold, a goodwill gesture or a present from the toothfairy, think about whether the offer is actually a good one.
loulouports says
I’m not sure what to think really as i paid a lot of interest prior to the the date they have upheld the claim from and always paid minimum payments but they still increased my limit from £600 to £2,800. My whole experience with them has been mentally draining, i’ve emailed them a few times this week but just keep getting replies saying my query has been passed onto their customer excellence team.
Sara (Debt Camel) says
Do you know the dates of the limit increases?
loulouports says
The letter said they were upholding the complaint from 26/4/14 where my limit was increased above the point of affordability but they didn’t give details of how much it was increased by on this date. I opened my account 10/3/2013 with a limit of £600 which then increased to £2,800. I have been emailing them the past week asking for dates when my limit was increased as it would of been increased a few times before the above date.
Sara (Debt Camel) says
ok then tell them you cannot consider accepting their offer until they give you this information.
Also when did you stop paying the account?
loulouports says
They still have not given me the information, i asked them two weeks ago. My last payment to them was July 2017
Sara (Debt Camel) says
have you phoned up and asked for this?
loulouports says
My balance to Lowell was £2,883.87, two days ago my Very account was updated: Payments Applied 18 May 2021 Administration Charge Amendment £12.00 £12.00
18 May 2021 Correction To Account £1700.95 £1,700.95
Adjustments To Your Account 18 May 2021 Interest Charge Amendment £517.44
18 May 2021 Interest Charge Amendment £828.48
This amount ^ Totals £3,058.87 yet i got my balance down to £2,883.87 with Lowell, so paid £175 in total to lowell against this yet no mention has been made in my final response letter or in the adjustments that they have made to my Very account.
Anton says
Anyone know what Barclaycard complaints email address is please?
Steve says
Hi Sara, My parents were mis-sold a packaged bank account for years despite never being in a position to utilise the benefits. For example never had a car, never had a mobile phone and never travelled abroad or even held a passport. I raised with the Financial Ombudsman service only to be told the complaint was out of time as it wasn’t submitted within the specified time frame. We were not aware of any time frames, is it worth trying to re-open or is it a known fact they now can’t complain?
Sara (Debt Camel) says
What exactly did FOS a say about the specified time frame?
Sianyyy says
Anyone had any outcome with JD Williams? They keep fobbing me off with having a reply within 14days as to what my refund will be!
Mr and Mrs C says
OMG they are doing my head in. FOS told them they had to pay on 15th Feb and I am still waiting for calculations and their offer. I email the FOS every 2 weeks and they just keep telling me they they should to respond soon. I have also tried calling JDW myself and spoke to someone who didn’t even know what I was talking about. How much longer do you actually have to wait before it becomes an unacceptable amount of time they are delaying by?
Lauren T says
They contacted me on twitter yesterday to say they would ask senior management to get back to me. I said I won’t accept any more excuses about volume of workload this time as its been over 3 months which is unacceptable.. Will keep you updated.
Mr and Mrs C says
I have tried ringing them today, there are no notes on file of my complaint?? I feel like I am being fobbed off here. They wouldnt give me details of the financial team so I could speak to them, nor their email addresses. I have referred back to FOS for their help. Its coming up to 3 months now since FOS advised they had to pay me back.
Lauren T says
Hiya,
I’ve just had a reply on Twitter- ‘The good news is, the calculations are in the process of being worked out for you and I hope to have an update tomorrow, if not by Tuesday/Weds next week at the latest.’ Thats better than 14 days but not holding my breath! Fingers crossed.
Gary says
Hiya
I like many are in this position and my 14 days is up Friday next week so I may give them a chase next week and see hope it’s going. Like many it seems very long and slow but know they are struggling with all of the complaints and it seems also calculations.
Fingers crossed you and us all hear soon.
Izzy says
I got jd williams on twitter also my calculations haven’t been worked out as yet . Ill be onto them again next week
DM84 says
I also had a reply that it will be no later than next week.
“We are in the process of working the findings for cases received from the FOS and once this is completed, we will be in touch by next week at the latest.
My apologies for the delay but due to the complexity of the calculations relating to your complaint, this is the reason it is taking longer than we had hoped for.
Regards
Steven
Lauren T says
I’ve had a reply! Calculations are done, they sent me them via Twitter, but they are wrong as they said I had a massive balance on the account but I paid them all off in full last year. Nice try JD William’s. They said cheque will be sent out within 28 days. Nearly there everyone!
Sara (Debt Camel) says
Are they redoing the calculation?
Lauren T says
Well, they’ve done the calculations and told me how much I’m due to be refunded but that they would take it off my ‘balance.’ So I’m hoping they dont have to redo anything and just send me a cheque for the full amount instead as my balance is zero. Going to chase it up tomorrow
Thanks Sara.
DM84 says
I haven’t had a reply yet but the weird thing is when I login to my old JDWilliams account it says I have a balance of £799 but they sold my debt of of over £1500 to debt collection company and I paid it all off with them. I have a feeling they will try and pull the wool over people’s eyes but I will wait and see. They may surprise me.
I will keep you updated.
Gary says
DM84
Hiya have you heard anything as yet? I think they’re working on stuff just very slow going.
DM84 says
Unfortunately not sorry.
I was promised by the end of today last week via my twitter.
Didn’t expect it to be honest. The dates just keep coming and going they give.
Not sure what options I have anymore.
Mary says
Hi, has anyone had any luck with getting calculations from JDWilliams yet. My complaint has taken just over 2 years to get to this point. Jd Williams agreed with the adjudicator just over 3 weeks ago and I’m still waiting for figures. It’s absolutely crazy that they are allowed to take this long.
Jax says
Does anyone have an email address for complaints to Very please? Or am I better using Resolver? TIA
Tracy Sowerby says
customerexcellence1@shopdirect.com
Jax says
Cheers Tracy!
Michelle says
I wrote to them recorded delivery and got a response upholding my complaint 4 weeks later , apparently they tend to ignore emails
Tracy sowerby says
Hi
That’s great. How long ago were your increases from?
I’ve not had a final response and recieved further letter to allow more time. Its been 8 weeks so just sent it off to FOS.
Thanks
Michelle says
Hi , I open my account in feb 2012 they upheld my complaint from first Increase in November 2012 I got about £8000 in total they wipe my account with £3000 of it so got a cheque last week for just over £5k from sending letter it was about 4 week for finial response
Delyth says
That’s a great result. Unfortunately they didn’t uphold my complaint. Off to the ombudsman I go.
Tracy sowerby says
Wow! That’s fantastic. Im claiming from March 2013 but appears they aren’t bothered about 6 year rule. I had high levels of existing debt at the time and was in a cycle of debt with wonga and had doorstep loans also so feeling optimistic now. Thanks
Greeny says
Hi
I want to make an irresponsible lending complaint to vanquis. I’ve recently received a copy of the application form from Lowell and on the application is states my income is £95,000 per annum and working part time in retail! The application was clearly not checked and I’m income at the time was about £15,000 – I was also not working part time.
They also kept increasing my credit limit from £750 to £3500 the statements provided showed I was also using it for everyday spending supermarkets etc.
Any advice?
Sara (Debt Camel) says
Are you saying you never wrote that on the application form?
Were you only making minimum payments while they increased your credit limit?
What was the rest of your credit record showing?
Greeny says
Hi
No I never wrote that on the application form and even if I did surely this would be checked? It looks like the application was approved by a person.
I only made the minimum payments. I had 3 other defaults at the time I was paying 2 accounts back to debt collectors at the time of application.
Vanquis continued to up the credit limit after I opened further lines of credit – around £7.5k! :/
Sara (Debt Camel) says
So definitely send a complaint to Vanquis. And if they reject it, send it to the Financial Ombudsman.
Andrew says
Hi had decent amount of success with payday loans decided to go over my credit cards all off them was refused with the lender when I complained first case picked up by adjudicator was disappointing two cards with capital one she wouldn’t look at first one as was over 6 years and I should reasonably have known last year I should have complained that was for 200 and the 1000 she said my credit to income was low (I had two loans open at the time) so went for ombudsman
At one point I had 6 cards with varying limits, payday loans taken out and was pretty much getting paid and paying it all back to lenders and borrowing again
Has anyone had any success with card complaints I had a look at decisions on fos website and seemed lots were dismissed
Lynne says
I had no luck with cards Andrew. I’d had Vanquis and Capital One in the past and my issue was that the credit limits were jumping several hundred pounds regularly. Their decision was that they’d acted fairly. I didn’t take it any further though to be honest.
Sara (Debt Camel) says
These cases usually have to go to FOS.
Ali says
Hi
Same as you,success with payday loans and very without having to take to Ombudsman.
However re credit cards, I complained to marbles and they declined so referred to Ombudsman and adjudicator has ruled in my favour but marbles have declined again so now having to go back to Ombudsman to pick up which could be months but its looking positive, guess it could be a long road ahead!
Also waiting for adjudicator to pick up complaint against TSB as they gave me a high overdraft limit while I was in a mess with several loans, catalogues, credit cards etc, declined my direct complaint so referred to Ombudsman in October and said could be at least 4 months before looked at but here we are nearly 7 months later and nothing, chased up last month and told it was in a queue…
Lucky I’ve just about paid all my debts off with previous refunds from loans/catalogue so by the time I get any other money back it will be a nice surprise, well guess its a big IF still but fingers crossed.
Good luck with your complaints.
Ali
A Harrison says
Hi there
I have put various claims in with credit card companies due to the high amount of credit offered within a short period and credit increases. All these are now defaulted and the majority paid off with a lower settlement figure. When complaining I asked for the interest back, plus the default to be removed. Most are now with the FOS after complaining.
I’ve had success with my Very account and the upheld my complaint. They have worked out the sum I would be owed, but as the account was settled at a low amount I won’t be getting any money back (which I completely understand). They are writing to Lowell, who they sold the account to, and are asking them to remove the default, but stated that it’s at their discretion.
My main aim was to get the defaults removed, as our credit is just awful. We are remortgaging (luckily it’s all going through) even with the defaults. I’m just hoping Lowell agree to this as it would be one less, and it proves that these companies should take some responsibility.
Lynne says
Good luck with that. Lowell refused point blank to remove these from my credit files. In my experience the payday lenders have been more than happy to oblige with this but online shopping accounts have been the exact opposite.
On one of mine they offered to reduce the balance by 80%, thereby only paying £40 to settle the account, however they said they wouldn’t remove it from my file as they have to ‘show a true reflection’ of my lending. On the one hand I get that, but on the other why do some companies oblige and others don’t 🤷🏼♀️
Sara (Debt Camel) says
Lowell should reflect what the original creditor did.
Katie says
I’ve also put in several complaints as I want to sort my credit out. Honestly I would just be happy with the debt being cleared and defaults removed rather than a redress at this point.
Lynne says
Yep that’s what I wanted too because the payday loans have gone and so all that’s on there now are the online shopping accounts but as I say, they won’t take them off. Very frustrating.
A Harrison says
We got into a huge cycle of debt and all the accounts defaulted. We then negotiated some time later to get lower settlement figures and out of 11 debts we managed to pay off 8 of them!
Obviously now we just have a huge amount of adverse credit!! It would be nice to have a couple of defaults removed.
Sara (Debt Camel) says
Realistically getting a couple of defaults removed will make very little difference to your credit score if there are 9 left.
What date were the defaults?
A Harrison says
Various dates from around 2017 to 2019.
I’m aware that they drop off after 6 years, and we’ve been lucky to find a mortgage company who have agreed to lend to us.
It’s now a matter of principle lol!
The 9 are split between my husband and I, around half each. So I’m just hoping that if a few are removed this could help if we wanted to get a car or something in the near future.
Sara (Debt Camel) says
“we’ve been lucky to find a mortgage company who have agreed to lend to us”
Lucky … I bet it was at a high interest rate. Sorry I have seen too many people get very badly stuck with bad credit mortgages. Le of years, which the broker assured them would be easy. And sometimes facing rising mortgage rates when all non bad credit lenders were reducing theirs.
JEAN says
Evening, lovely to hear some really good results for people. I am about to embark on some affordability complaints.
I’ve been working practically seven days a week now for 6 years to chip away at my high balances.
I have literally just paid off the last penny with very this week; I too have been caught out by credit limit increases etc over the years.
The account is still open, has anyone complained at the point where they had a zero balance? Any successes?
NICO says
Hi – anyone had any luck with Barclays Overdrafts please? Have complained re: expensive, long term debt, adding to health issues but Barclays rejected, its now with FoS.
NICO says
Anyone had any luck with FoS on Capital 1 and Marbles please? I have had then reviewed by the lender and not upheld, they are now with FoS.
Frogman says
I complained to Marbles last year on a £300 credit card I was given in 2018 but they did not uphold so I sent it to FOS. Adjudicator looked beyond my marbles because I already had an Aquacard with £1900 limit (Same company – Newday) from 2015 which I kept maxing. It was an initial limit of £450, then £900, the £1,100 and then £1,900 before I defaulted. Long story short, Adjudicator said upheld the increment of £1100 to £1900 and my £300 marbles yesterday. This is a massive news for me as it would mean 2 defaults removed from my credit file and possibly, refunded interest will pay off any outstanding on the Aqua (I already paid off the Marbles)
N Ellis says
Hi trying to help my son who was given an unaffordable loan from a company called everyday loans. He entered in to
a DMA but following covid and loosing his job couldn’t afford the payments so technically now isn’t in an agreed one. I’ve advised him to seek help as the company is now threatening him with court and I was also going to suggest he complains to the company about the affordability of the loan in the first place with a view to trying to getting them to reduce what he owes by the interest/charges at least but the template on here seems to suggest not to do that if been in a DMA so wondering what we should do? Sadly due to having to help support him and his family over the last year I’m not in a position to pay it off for him so any advice most welcomed! Thank you
Sara (Debt Camel) says
A DMP – do you mean a Debt Management Plan? Or In Individual Voluntary Arrangement?
Lynne says
Has anyone had any refunds on packaged bank accounts namely Nationwide? I just saw Martin Lewis say someone got £thousands back. It’s not something I’ve ever considered – I’ve just been paying the monthly fee for 9 years!
Sara (Debt Camel) says
The MSE website is good on packaged account refunds: https://www.moneysavingexpert.com/reclaim/reclaim-packaged-bank-accounts/
Lynne says
Thanks. Martin said they do have a good success rate and also mostly all sorted within a few days. I just remembered I also had an account with NatWest years ago and they charged £17 monthly account fee for services I never even used so it’s worth a shot with them as well.
Michelle says
Anyone had any luck with complaints to Vanquis ?
Anton says
They wouldn’t uphold my complaint so now it’s with ombudsman so fingers crossed
Chrissy says
My Vanquis complaint has been with FOS for over 6 months now. Still waiting for it to be allocated sadly.
Lynne says
Why do people do this. I complained to NatWest on Wednesday about a packaged bank account and they’ve asked me at 5:30pm today i.e close of business, for my sort code etc. So no one will even read my reply until at least Monday now grrrr.
Lynne says
Spoke too soon. Someone has got back to me (on a Saturday!) and said decision in 10 days 🤞🏻
Col says
Hi does any one have an email to send a complaint to Very ?? I cant seem to find anything.
Thanks
Col
Delyth says
I had to contact them via resolver. But it was an easy process. They didn’t uphold my complaint so I’m off to the ombudsman. Good luck.
Col says
Thanks ill give that a go today.
Col
Ali says
I did mine through resolver, sorted and upheld within 2-3 months max.
MAL says
Hi
Looking for some advice.
I have 4 credit card accounts with NewDay and lodged an irresponsible lending complaint with them, due to credit limit increases with increasing balances across all 4 cards.
The long and short of it is they upheld my complaint and refunded proportionate interest and late payment fees on each card (from varying dates, eg one card was from October 2019 and another from August 2020).
However, they have refused to remove any negative markers from my credit file (I’ve been on payment plans for each card since January, and have a few late payments recorded).
Is the removal of this information something I can fight for via the FOS, or is what NewDay said correct (that they can’t change the info reported as it has to be accurate and true)? They recommended I put a Notice of Correction on my file.
Thanks in advance :)
Sara (Debt Camel) says
You can take this to the Ombudsman. It may not be speedy, but it won’t take up much of your time, so why not?
MAL says
Thanks. Is it likely they’ll remove the info from my credit file?
Sara (Debt Camel) says
I don’t think I have seen a similar case. Normally FOS says credit records should be repaired when credit is unaffordable so I would hope so.
JT says
Hi Sara,
Do you know if Capital One tend to agree with the Adjudicator at all? Has any one had cases upheld by the adjudicator but capital one have rejected their decision and escalated to an ombudsman? Adjudicator has upheld my complaint and written to CO and given them until May 21st to respond. Just wondering before I get my hopes up.
Thanks in advance.
NICO says
HI – seems you are a bit ahead of me. Mine was rejected by C1 and I have now submitted to FoS for adjudicator review. I will reply back on here if I get any progress. Be good if you could do the same. I have seen many companies just string this along until its at Ombudsman final decision stage…..I expect the same if FoS uphold mine.
Andrew says
Cap 1 rejected my two cards and adjudicator also rejected as despite having multiple cards and two large loans my loan ratio can’t think what they call it they was affordable and I should have complained earlier
Payday loans I told them I complained as soon as I released ie from the administrators of wonga etc but made no difference on my cap one complaint passed over to ombudsman but pretty sure I won’t win it guessing they rubber stamp adjudicators decisions most times
JT says
Hi Nico,
Adjudicator got in touch with me today to advise that CO have agreed with their findings which is the best news I could have hoped for. Now waiting for CO to get in touch with me to work out the redress etc. This is hopeful for your case, if the adjudicator finds in your favour.
All the best.
NICO says
Great news, how long did this take with the Ombudsman please from the point it was rejected by CO initially? Hope this works out well for you.
JT says
I logged it on 20th November 2020. Picked up by Adjudicator on 22 Jan 2021. Decision from adjudicator on 7th May. I’m sure these time frames vary from case to case as I still have another case with FOS that hasn’t been assigned to anyone yet and was logged around the same time. Fingers crossed you get a positive decision soon.
SJP says
Can anyone offer me any advice I put a affordability claim in with shopdirect i ended up with 6 accounts and asked them to close some but they refused and increased my limit on them all so i started reducing the limit myself but it got to the stage where the monthly payments were to high over 1000 a month for all the accounts i put in an affordability claim 9 months ago and still have no response i received a letter in February saying they couldn’t give me a time frame so i phoned them and they said because i had been a customer for a long time they had to wait for my files to be sorted from the archives and that getting the financial ombudsman involved wont make them go quicker is there any advice you can give me.
Thanks
Sara (Debt Camel) says
Send the complaint to the Ombudsman right away! They are just stringing you along.
SJP says
I already did about 4 months ago and this was the last reply i got from them
We try to resolve complaints as quickly as we can. But there’s currently a very high demand for our service – so it might take around four months before a case handler gets in touch with you and starts looking into your complaint. It could be more – or less – time than this, depending on what your complaint is about.
I have emailed both shop direct and financial ombudsman again but i have had no response from either
Sara (Debt Camel) says
Good! I suggest you phone FOS up and ask if Shop Direct has supplied your case file yet.
If they haven’t, come back here and I will suggest what you can do to try to hurry this along.
Dean Patrick Harris says
Hi sara do you know the email address for halifax so I can put in a complaint
Thanks
Sara (Debt Camel) says
Do you have an open account with them?
Dean says
No they closed them all and put me on a payment plan with wescot when I called Halifax they told me to send a letter
What the best thing to do?
Sara (Debt Camel) says
Then you have to choose between complaining over the phone or writing to them at Customer Relations, PO Box 816, Leeds, LS1 9NY
Dean says
Thanks sara I will send them a letter
Thanks for your help
Sara (Debt Camel) says
Sorry I should have said you can use Resolver https://www.resolver.co.uk/. It is a sort of claims service but it is free. Sometimes a bit clunky.
Mr and Mrs C says
Well I finally have an answer from JDW – They were told to pay back interest and charges from Aug 2008 onwards, but have come back with about a fifth of what I have calculated stating they cant find out any further information and payment only from ~Sep 2009. They have managed to provide the FOS with info showing credit increases from 2007 onwards. I have pointed out that they would not have increased my credit limit if the balance was 0.00, what would be the point if I wasnt using the account? Sent back to the FOS
Mr and Mrs C says
I would point out that my calculations are an estimate using 90% of the credit limit, although I can remember that I was always close to the credit limit each time, I can not prove it. I can show them payments made against the account – I only ever made minimum payments, so they should be able to work out how much the balance was using the minimum payments that I made, as they are a % of the balance.
Sara (Debt Camel) says
so what do your calculations say from their starting date of Sept 09?
Obviously that isnt the right date, but are there two problems here – the wrong calculation AND the wrong starting date?
Mr and Mrs C says
I have calculated that I should be owed approx £1500 plus the 8% interest added on, they have calculated less than £400 as if they cant find any information for that month they have assumed my balance was 0.00. It was never 0 from the moment I opened the accounts. I just cant prove that.
Sara (Debt Camel) says
“I have calculated that I should be owed approx £1500 plus the 8% interest added on”
This is from Sept 09? or from April 2007? or when?
Mr and Mrs C says
Sorry thats from Aug 2008 when the FOS suggested.
Sara (Debt Camel) says
so work it out from Sept 09. You need to be clearing if it is just the missing early months that are the problem or if they have got their calculations wrong after Sept 09
Ali says
Hi
I had an affordability complaint with marbles newday last November time that was rejected, picked up by an adjudicator and they upheld my complaint but marbles recently refused there decision and sent to Ombudsman in the last few weeks. My adjudicator confirmed yesterday it has now been picked up by an Ombudsman, will this be a quick decision as adjudicator already upheld?
Thanks
Ali
Sara (Debt Camel) says
It normally is quicker, not because the Ombudsman rubber stamps the previous decision, but because they already have all the information they need.
Ali says
Thanks, yes my thinking (and hoping) also… wasn’t expecting it to go to an Ombudsman so fast,just hope it is a quick one now and they still uphold under same terms!
NICO says
Well done in getting it to an Ombudsman final decision phase so quickly. I have had some waiting for an Ombudsman for 6 months in some cases. I email FoS and get no reply or “its still waiting to be assigned” – any tips on how you got it picked up so quick please?
Ali says
I really dont know as I was expecting it to take that long too with what I have read on here, I thought there was a queue or maybe its different when it’s been to an adjudicator already who upheld? I’m still waiting for a natwest complaint to go to an adjudicator since November last year and told it would be approx 4 months and been 6 months now so who knows how it all works!
Joe says
Quick question, I’ve finally had a complaint upheld after about a year and a half from initially making the complaint to a final FoS decision. The company have been ordered to pay back all interest and charges from the past 6 years on a limit of around 2k-6k with the last 3 being around 6k and the card almost always maxed out. The rate was 47% apr and I think about 3.6% daily.
I can’t access my statements, but I believe I was paying around £200-£220 interest a month (the min payment was around £280) for the best part of 3-4 years. This works out at much more than the balance on the account, but they’ve said to arrange a payment plan for anything outstanding – I’m doubtful that there would be though? Am I missing something here? My best guess is that I’ve paid at least £10-£15k in interest since 2014, with a remaining balance of around £5k I should be owned at least some back let along have to arrange another payment plan.
Sara (Debt Camel) says
The FOS decision may be a standard one – calculate the redress, reduce the balance and set up a payments plan if it isn’t cleared. It may not have any implication that they expect the refund to be less than the balance.
Joe says
Brilliant – thanks for getting back to me. I believe from my own maths that I’ve figured out roughly what I’m owed but I might have overlooked something. Quick question; my balance is 5800, but they are only refunding interest past the initial limit of 1250. Assuming I maxed out the card, they would be paying back interest I paid on 4550 – and with an APR of around 47% that works out at roughly 177 a month. That seems right as I was paying around 220 – so (sorry for the maths) they would be refunding around 177 a month for at the peak that last about 3 years, working out at roughly 6400. They actual claim is over 6 years – but the first 3 years the balance was lower (although above 1250) And then on top of that 8% simple interest per annum. Have I missed anything here? Apologies as it’s quite convoluted – but they are about to send me a final settlement and I’m trying to figure out if that have made the correct calculations.
Sara (Debt Camel) says
I think you have made a lot of guesses and I can’t say anything very useful on this. I suggest waiting and seeing what they calculate this at.
Daz Eastwood says
I recently complained about a credit card i was given by Yorkshire Bank in 1998, the account was closed in 2005 as i was only young and had a family then and it was a welcome bit of finance for us so natuarally we over-used it and defaulted, they’ve replied saying because of the time scale involved and the fact i hadn’t complained sooner it doesn’t satisfy the criteria and will not be investigated, is this still worth pursuing or should i just accept the time has been too long and move on?
Sara (Debt Camel) says
You can’t make affordability complaints about things that happened before 2007.
Rebecca says
I have just sent my complaint to the Ombudsman after complaining to Barclaycard after my complaint with Barclaycard was upheld that they’d increased my credit limit when they shouldn’t have, but they still felt it was affordable and didn’t negatively impact on me – this was whilst I had high balances/maxed out several other cards that I was only making the minimum payments on. They had also credit my account with a £75 goodwill gesture, despite me rejecting this – and I didn’t receive the postal correspondence, it has taken me since March to get someone to read the letter out over the phone, and they’ve said they can’t re-send the letter out, but couldn’t confirm why?
I’ve been at the top end of my credit limit with Barclays for some time, generally only being able to make the minimum payments because the interest on it is so high, I’m also in persistent debt with them – all of which I had explained in my initial complaint, so I’m unsure as to how they came to that decision. I’ve also pointed out that Barclaycard has been reducing my credit limit by £100 at a time over the last few months every time I manage to pay a little bit more off, which I’ve said I feel is an indicator that they are away the limit is too high.
Will the ombudsman ask Barclays when the limit was increased? As my online statements go back that far, so I can’t see exactly when it was increased.
Sara (Debt Camel) says
Yes FOS should ask Barclaycard – but it would be good if you also knew this piece of information.
I suggest you ask Barclaycard for this. Go through https://www.barclays.co.uk/important-information/control-your-data/ and down to a button that says “request Your data”. If this leads to somewhere you can ask for specific information you can say “I want to know the dates you increased by credit limit and the amounts.” If this is general request, then you can ask for a copy of all your personal information.
Jessie says
Hi Sara, I put in an affordability complaint to HSBC for a credit card from 2012. Fortunately still had all my bank and credit card statements from then and was able to provide a snapshot of level of borrowing across all of my accounts at the time (approx £17k). I was on a low income/ maternity pay and maxed on an overdraft with HSBC. I believe HSBC would have had sufficient knowledge of my financial position before approving the c/card. I sent the complaint around 10 weeks ago. 2 weeks ago I forwarded it to FOS, as I had received no response from HSBC.
How long does it take to be assigned a case handler?
In the meantime, I have received 2 x cheques from HSBC referencing my bank accounts and credit card (but not the same credit card number – possible typo) stating they didn’t provide the level of customer service they would expect. I have seen on MSE these HSBC cheques are being populated so must be sheer coincidence that it came at the time of sending the complaint. I haven’t cashed them, as I was afraid in doing so, it looked as I was accepting something. Any ideas what I should do with these? They will expire in Aug.
Jessie
Sara (Debt Camel) says
Timescales for a case to be picked up are a bit random. Don’t expect to hear anything for several months.
was there anything with the cheques that said that the money was being offered in settlement of any complaints that you have? How large are the cheques? Are you desperate for this money or would it just be handy?
Jessie says
Hi Sara. First cheque came after I had posted the letter to HSBC and the second one about a month later. The first is £700 and the other £50. I am not desperate to cash just yet. They do not say they are part of a settlement or reference the complaint. £700 one is a refund of interest and charges (for both current account & c/card ), the other cheque is for current account. (not relevant to the complaint). I have asked for breakdown of how much interest/charges is for c/card.
The c/card account moved over to Arrow Global and then a CCJ was applied. I am hoping to get the CCJ removed. I am aunclear if I need to dispute with Arrow Global. Or carry on with the complaint to HSBC and get the verdict from FOS?
I received a call from HSBC today. They will not offer further settlement as said cheque covers this. She did say that interest and charges should have been frozen as I was experiencing financial difficulty. Find this to be an admittance of liability for not handling the accounts correctly. Had they been frozen at the time, account may not have gone to collections or a CCJ actioned..
I have asked for her response in writing to send on to FOS.She disagreed it was irresponsible lending as she said HSBC would have done the relevant checks to meet their criteria and followed credit reference processes.
Advice where to go now? I’ll pass all the above to FOS. My main objective with this is to get the CCJ removed.
Sara (Debt Camel) says
how large was the card balance sold to Arrow?
Jessie says
The balance was £1156. A further charge was applied to this by the court when the CCJ was added
Sara (Debt Camel) says
If the refund is a large percentage of that. I think you have a good case.
You need to complain about the affordability to HSBC. If you win the compleint (which may be at FOS) then they will have to sort things out with Arrow. Make sure you say in your complaint that you want the CCJ removed.
Katie says
EMAIL ADDRESS FOR NEW DAY CARDS!!
Hi all
After a significant search for a contact email for New Day credit cards, I stumbled across one in some old Terms and Conditions, and punted an email over to see what would happen….success…they picked it up and I got a letter today confirming receipt of the complaint.
Email: ODR@newday.co.uk
Good luck all.
Sara (Debt Camel) says
ok… you need to make sure they are not trying to put you through the ODR dispute process which you do NOT want and anyway is now defunct after Brexit.
Lynne says
Had confirmation that my missold packaged bank account claim to NatWest last week is now being investigated by a complaint handler and they expect to conclude ‘in 10-15 working days’ (although strictly speaking they’re allowed 8 weeks).
I hope I’m successful here because it was £17 per month I never used any of the services nor can remember them explaining what the fee was for. I banked with them for over 10 years but I can’t remember if I had the fee-paying account that whole time or if I started with a more basic one. Wish I’d done it sooner tbh. I haven’t banked with them since 2014 and it was just through the Martin Lewis programme I heard about doing it.
Sara (Debt Camel) says
anyone interested in knowing more, MSE’s page is the best place: https://www.moneysavingexpert.com/reclaim/reclaim-packaged-bank-accounts/
Pippa says
Hi Sara,
I wonder if you could help? When I worked at Debenhams in order to get staff discount we had to sign up to a credit card offered by New Day. There were no checks or anything, we just had to fill out the form and everyone got one. The limit was £500. I reached my limit but I was still able to make purchases that took me over this limit, thus incurring overlimit fees. In the end the account defaulted and went to Lowell. The balance stands at £744 (so there is an additional £244 which must be charges). Do I have any recourse on this? No affordability checks were made on the outset. Is it worth putting in a complaint.
Sara (Debt Camel) says
I can’t say how like you are to win. The problem is that 500 is a pretty low credit limit. Most people here have won cases when their limits were increased, not from the first low one.
Ali says
Hey…
I’ve had a similar situation to this. They gave me a £900 limit,never increased but I maxed it straight away and always made minimum payments,always over limit so over limit charges and minimum payment of £30 ish a month only actually paid off about £10 a month as the rest was interest!
I’m in the process of affordability claim, newday refused, adjudicator upheld but newday refused again so currently with an Ombudsman,hoping they agree with adjudicator decision! Luckily I managed to pay off balance last year while still with newday as had some refunds from payday loans.
Hope this helps you go forward with an affordability claim,nothing to lose and mine has been pretty fast since last complaint originally last October time to now with Ombudsman, go for it!
Ali
Pippa says
Thanks for your reply…it’s spurred me on to make a claim…the silly thing was that if you wanted staff discount you HAD to take the credit card….the charges and interest were really high and they didn’t even ask for any income details or anything. Xx
Ali says
Ombudsman haven’t upheld my newday complaint :( I had my hopes up as adjudicator did uphold but newday refused…I have a few weeks to query for them to re look at which I will based on adjudicators points but not feeling hopeful now which is a shame.
Pippa says
That’s what I have found as well… the charges on top of the interest were awful… I’m going to complain because in my case all we had to do was sign a form saying that if we missed a payment then Newday could take what’s due from our wages ( it was issued through Debenhams where I worked). There were no other checks…everyone in my branch got one regardless of affordability and the fact that my limit was £500 but ended up as £750 due to all the other charges.
Ali says
That is crazy!!
Good luck, I’m going to appeal against the provisional non upheld but can’t see the decision changing, I feel strongly about it though especially with the adjudicator in my favour to start with.
Jess says
Hi Pippa, I had same account and exactly same issues as you. Maxed, went to New Day and then Lowell. I have settled mine now, took many Years! Please can you update the feed how you get on with this.
Sara (Debt Camel) says
Have you too complained? If not, do this now. There is no need to delay, these things can take a long while at the ombudsman.
Ali says
Do it, it costs nothing so may as well. Doesn’t sound right at all! Good luck.
Kelly says
Hi Sara,
I initially emailed Barclaycard with regards to irresponsible lending. The first date was 17/03, since then I have sent a few follow up emails, all I keep receiving back though is that someone will be in touch shortly. It’s been over 8 weeks now. Shall I take this further with the Ombudsman? Or is there another way in which I can get this dealt with more quickly. I feel like it isn’t being treated as a serious complaint and are they are being half soaked about it.
Thanks,
Kelly
Sara (Debt Camel) says
You can send it to the Ombudsman now if you want. Of you could email them and say it has been more than 8 weeks and your case will be going to the ombudsman if they don’t make you a satisfactory offer within a week.
Lynne says
Has anyone had any luck with overdraft complaints? I’ve gone through resolver as I had an overdraft but the bank decided to revoke it without warning without adequate explanation. I’d had it for 7 years since opening the account.
Ali says
I complained to natwest about one they gave me for £1250 as I had a lot of other debt at the time so more affordability…they didn’t uphold so sent to Ombudsman but hasn’t been picked up by an adjudicator yet, sent November 20 so hopefully soon…Good luck with yours, worth complaining but it could be a long road for a result!
Lynne says
Thanks! I’ve complained to NatWest separately about a missold packaged bank account but the overdraft was with nationwide.
I guess I’m slightly different in terms of the issue isn’t that they increased the overdraft, it was that they took it off me without warning. I had bills due out too so I suddenly couldn’t pay them. I’m not expecting a positive result but I felt it be essay to raise it with them.
Ali says
Yeah thats out of order..I know they say it can be withdrawn at anytime but surely they would warn you and allow time to pay it off!
Tan says
I complained to FOS almost 2 years ago! Adjucator kindly responded with following, advising LLOYDS:
Lloyds Bank own literature suggests that overdrafts are for unforeseen emergency borrowing not prolonged day-to- day expenditure. Lloyds should have realised that Miss X wasn’t using her OD as intended and shouldn’t have continued offering it on the same terms. As Lloyds didn’t react to her OD usage and instead continued charging in the same way, it failed to act fairly and reasonably.
It was also evident Miss X’s use of her overdraft was unsustainable. A cursory look at her statements shows that she was in a cycle of repeated payday/other high-cost borrowing. In these circumstances, clear she was unlikely to have been able to repay what she owed. Lloyds should have stopped providing the OD and treated her with forbearance rather than charge even more interest, fees and charges on the OD.
If it considers it appropriate to record negative information on her credit file, it should backdate this to …. 2015.
OR
removing all interest, fees and charges results in there no longer being an outstanding balance, then any extra should be treated as overpayments and returned to Miss X, along with 8% simple interest on the overpayments from the date they were made (if they were) until the date of settlement. If no outstanding balance remains after all adjustments, remove any adverse information from credit file.
Jade says
Hi sorry did you get my last message?
I can’t find them
Sorry
Sara (Debt Camel) says
it is over on this other page: https://debtcamel.co.uk/unaffordable-car-finance/comment-page-2/#comment-421941
Xubo says
Got a letter from littlewoods and they’ve rejected my complaint, shame as very did uphold it, oh well never mind least I tried
Sara (Debt Camel) says
Send it to the ombudsman! Seriously, a lot of good complaints are rejected by the lender.
Xubo says
Even tho they said the did proper checks, also said I never max my limit, and also they reduced my balance when I entered a DMP
Sara (Debt Camel) says
they said the did proper checks
they always say that!
I never max my limit
Not sure why that is relevant.
they reduced my balance when I entered a DMP
how much did they reduce it? What was the balance at that time?
Xubo says
How do I go about sending ombudsman
Sara (Debt Camel) says
The article above explains what to do.
Xubo says
Thank you, I made my complaint through Resolver and they help me to send it to them, thanks
Gary says
Hi
Has anyone heard anymore from JDW re calculations? I had to go back to the FOS who have gone back to them on Friday after 6 weeks wait so still awaiting their update.
Mr and Mrs C says
I havent heard from JDW but they sent calcs into FOS. They seem to have large gaps missing as they couldn’t find any information for certain months. I was expecting 1.5k but they have said under £800 – have sent back to FOS
Paul says
Hi,
I have 3 credit cards different companies but are all supplied by Newday. Do I complain to all 3 or one complaint to Newday.
Thanks
Paul
Fred says
I complained as one to Newday,
Then I took it to the FOS who orginally was going to treat it as 3 different complaints but has put it all as one.
However it is taking forever :-( anytime I chase them up they just say they are waiting for information from Newday, It’s been like this since December now.
Ali says
I only had one newday card, adjudicator upheld but newday refused again so went to Ombudsman who hasn’t upheld provisionally so I’ve gone back disagreeing again but no new info so guess it’ll not be upheld. Disappointing when it’s took a while and was hopeful as adjudicator upheld.
Good luck.
Paul says
Hi,
Thank you all for your replies. I will now get onto Newday.
Thanks
Paul
Ellie says
Positive update! The ombudsman agreed with the adjudicators decision to uphold my complaint. Newday has refunded me all of the interest and charges paid and I received it in my bank yesterday.
Newday were actually very quick and responsive after the ombudsman final decision had been agreed.
Their initial settlement calculation didn’t include the charges they had made against cash withdrawals. So just a heads up, always ask for a breakdown from the company. I also hadn’t noticed the ombudsman hadn’t advised they pay 8% statutory interest which is another few £100 I could have received. However, very pleased with the outcome!
Ali says
Great stuff. Can I ask what the complaint against newday was please?
Ellie says
I complained that they shouldn’t have given me the credit card in the first place (level of debt was higher than my income, plus a number of credit cards/payday loans taken out in the 12 months prior). And also that they shouldn’t have increased my limit due to how I used my card (lots of cash withdrawals and gambling transactions)
DM84 says
Received from JDW today:
“Thank you for your patience whilst we completed the calculations in line with the FOS findings. Please see below my email to xxxxx at FOS today that explains all:
The total amount of interest and charges to be refund from his balance is £518.71. There is no additional 8% due as it stands as he had a balance left over with us before being sold.
As his account was sold to a third-party collections company with an outstanding balance to pay, the amount will be offset against the balance that was sold.
I have contacted our External Debt Team to inform the collections company of the adjustment due, if it appears the customer has since paid the balance in full with the collections company, we will arrange for him to be refunded directly”
It seems they are telling the FOS I won’t be getting 8% on the figure which is odd.
Lynne says
How far can you go back to complain about a packaged bank account please Sara? My mum had an account with Lloyds from 1992 but they’ve said they can only go back to 2001. Basically she had a gold account for 2 years and they’ve offered her £250 which she’s not happy with.
Sara (Debt Camel) says
Ask on the MSE forum for this – they are the experts.
Simon says
Hi guy hope you could help me out? I have made complaint against Marbles 7 weeks ago about unaffordable borrowing. I started with a small credit liked of £500 then quickly went up to £3000, I made the complaint saying I had struggled before I got the credit card and also missed a few payments.
So today I went onto check what my balance was and I found that marbles have reduced my balance by just over £1000 pound, it says it’s a interested credit adjustment.
I did say to marbles I wanted all my interest and late fees paid back to me and all negative areas of my credit file removed and if not I will be taking it to the ombudsman. Is this credit adjustment got anything to do with my complaint???
Thanks Simon
Paul says
How much interest do you think you have paid in total? If you owe a balance they will only reduce the balance and not pay you directly
Tracy Sowerby says
Hi
I’ve recently had a complaint upheld by very and they have removed the negative information on my credit file. The balance was written off and this is reflected on my account yet the amount owing is still showing on my credit file. Will this be updated later? Thankyou
Sara (Debt Camel) says
How recent was this? Many lenders only update credit records once a month.
Tracy sowerby says
Hi
Yes its happened so quickly so its only been 2 weeks. I just thought seeing as the default was removed the balance would have been changed also but will give it another couple weeks. Thanks
Sara (Debt Camel) says
If they have already removed the default correctly, you should email them and remind them that the balance also needs to be updated to zero and the debt marked as settled.
Fred says
Hi Sara.
Just wanted to ask what you thought was a reasonable time for the investigator to retrieve info from New Day?
They picked up my complaint in December last year, for many months they where waiting for more info from the company. They finally sent it now about a month ago they asked for my credit file and again when I asked for an update they always say they are waiting for the company to reply.
So roughly it’s been 5 months since they started to look at it.
Sara (Debt Camel) says
That is unreasonable in my opinion. I suggest you email the FCA and copy New Day in on htis. the FCA will not look into your individual complaint but hopefully New Day will not like the FCA being told and there will be some action.
To do this, email consumer.queries@fca.org.uk and copy this to executiveandmediacomplaints@newday.co.uk and regulatoryenquiries@newday.co.uk
Subject: Why will New Day (690292) not send my file to FOS?
Give your New Day customer number or complaint number.
Give a very brief summary of your complaint – no more than a couple of sentences.
Say New Day rejected it so you sent it to FOS on dd/mm/yy. Say FOS tell you they have been asking New Day for your case file for nearly 5 months.
Say how stressful this is.
Say you think if an FCA authorised firm cannot deal with Ombudsman requests in a reasonable length of time they should have to stop trading until they staff their complaints function properly.
Fred says
Thanks Sara, I will give it a try,
If I can get a successful outcome on this complaint it will really be life changing as it’s the last of the problems I have. It’s on my mind everyday so I really wish to get it resolved. By looking at the outcomes of other cases with New Day it does seem very hit and miss,
They gave me three cards and I had a terrible credit histroy at the time and the put the limit up really high on my first card and then a few years later gave me 2 new cards in the space of 2 weeks. The amount of borrowing I had done just to stay a float during that period is crazy.
Jade says
Can anyone offer advice, I am in a place where I am borrow loans and credits to pay off credit cards therefore not missed a payment however recently took out a £5,000 loan with a company who actually reviewed my bank statements and saw I had taken out previous loans in July and November 2020 and an additional credit card in September along with 4 other credit cards at 95% usage limits and I even told them that I was using this money to pay off the other debts and they happily provided! Now I have more outgoings and debt payments, and no income for living costs! I can’t even afford to make the first payment back and I am going to slip with my other credit commitments, I’m in such a mess and in under my head, I’m desperate and know I have made a huge mistake, can I complaint? Any advice would be great! Thanks in advance
Sara (Debt Camel) says
What are your total debts including this recent loan?
Have any of your credit cards increased your credit limits a long way – was this the cause of the whole problem or is that hard to identify?
Are you behind with any bills? Are you buying or renting?
Jade says
Hi Sara
Total about £25K (this £5K loan is £10.5K with all the interest on top) Aqua card opened in October 2018 and went up to £4.5K by Jan 2020.
This has been a rolling situation as loans and credit cards used to pay off each other for well over 10 years!
Defaulted and CCJ previously (mainly Payday loans) and not missed any payments for about 2 years as loans always used to make payments.
Currently rent and wanted to buy next year but no chance now as used deposit to pay debts and even gambling as I am due another baby in September this year!
I have drafted letters to complain about the loans from July 2020 and November 2020 and also 1 credit card from September 2020 ( which was increased to £1250 from £250 in 2 months) covid didn’t help the situation and they could all see that i couldn’t afford it especially lifestyle loans from April 2021 where they even looked at my bank statements and asked me to explain why I had taken those 3 in 2020
Sara (Debt Camel) says
Even if you still had the deposit you would have no chance of buying with this sort of debt level.
I think you should consider an affordability complaint to Aqua.
But affordability complaints on their own are not going to get you out of this hole because they take too long to go through. Not just 8 weeks but many months, sometimes more than a year.
I think you should talk to StepChange about a debt management plan: https://www.stepchange.org/how-we-help/debt-management-plan.aspx. there in terest is frozen so all your monthly payment reduces your debts.
This is not an alternative to affordability complaints, it is in addition to them. Winning affordability complaints will reduce the debts in your DMP so it will end sooner. And the DMP gets you into a safe place so you can let the affordability complaints go through properly. Otherwise you may feel you have to accept a poor offer from a creditor as you are desperate for a few hundred now, when you could have got many times more by going to the Ombudsman which would take longer.
I suggest you need to forget about a mortgage and trying to protect your credit rating for that. It is going to take many years to clear down the debt and then save a deposit. If you don’t get to grips with the debts you will never buy a house.
Jade says
Thanks Sara for taking the time to reply.
The mortgage dream is definitely being parked for the foreseeable future until I can get this under control.
If I were to make claims RE: 2 loans and one credit card (2020) those totals add up to £18K of the debt. Leaving one loan with £3K and then the Aqua one at £4.5K
With regards to my recent loan application, the one they gave me last month, can I complain for irresponsible lending as they knew full well I couldn’t afford to make the payments back.
I have spoken to debt teams and would take 8 years under a DMP to clear (sad face)
I couldn’t believe I got into such a mess. I have written everything down, can I email to you for advice if you have time, don’t worry if not
Sara (Debt Camel) says
those totals add up to £18K
if you win an affordability complaint you still have to repay what you borrowed. It is only the interest that is removed.
The 8 year DMP will be much shorter if you can win some affordability complaints!
I’m sorry I do not give individual advice.
From what you have said an 8 year DMP plus affordability complaints looks like a good way forward for you. If StepChange say a DMP is suitable I suggest you should seriously consider starting one now, there is no reason to delay.
You should be reluctant to consider any form of insolvency like an IVA until the affordability complaints have been resolved as they could transform your position so you avoid an insolvency marker on your credit record.
Jade says
Thanks Sara, you are a great help! Thank you for your time and advice.