Have you had a credit card, store card or catalogue where your credit limit was too high? So high that the monthly repayments were hard to manage and you got into more debt?
For some people the limit was too high at the start. Others were originally given an OK limit, but the lender kept increasing it. or it was OK while the 0% offer lasted, then unmanageable.
You may have a good affordability complaint that the lender was irresponsible in allowing you to borrow so much.
This applies even if you made every payment on time, as you may have borrowed more elsewhere.
This article explains how to ask for a refund of the interest you have paid.
Contents
What is “affordable”?
The regulator’s rules
Even if you made every payment on time, the debt may still have been unaffordable.
The following is my summary of the regulator’s rules:
- a lender must check if credit is affordable when you apply for it. For a very low limit, not many checks are needed;
- a lender should make similar checks before increasing a credit limit;
- credit isn’t affordable if paying it leaves you short of money for your bills, normal expenses, and your other debts;
- if you have to borrow more most months, this would not be affordable;
- you must be able to repay the limit set within a reasonable period. Paying the minimum amount is OK for a while, but not for a long time.
Good reasons to complain
If the lender could see any of these on your credit record, they should probably have declined your original application:
- a level of borrowing that looks very high in relation to your income; or
- you had a different credit card with the same lender where you were only making minimum payments; or
- 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; or
- recent credit record problems: defaults, missed payments, or arrangements to pay, mortgage arrears; or
- recent payday loans or a lot of recent credit applications.
Your credit limit should not have been increased unless you could afford it. In addition to the points above, any of the following should have also warned the lender you were already in difficulty:
- making minimum payments for a long while;
- often taking cash out on the card;
- making a minimum repayment but then using the card to pay for food or petrol so the balance never drops;
- using most of your limit for a long period;
- significant gambling the lender was aware of;
- recent missed payments or an arrangement to pay on your credit record;
- your overall level of debt on your credit record had increased a lot.
NB many cases are won when someone has never missed a payment.
You don’t need to know the dates and amounts of any limit increases before you start your complaint – my template asks for these.
0% balance transfers
Here the lender should check that you would be able to repay the whole limit within a manageable length of time (say 5 or 6 years) taking into account that interest will be charged when the 0% term ends.
So if you were ok during the 0% term but then you couldn’t afford the payments when interest started being added, you can complain. Ask for any interest to be refunded and to be able to repay the rest with no interest. Don’t make a complaint about a BT that is still at 0%, it’s much easier to wait until the 0% has ended.
Do I need to know the limit and date details?
No. My template below asks for these. The lender already knows the details so it doesn’t help your complaint by listing them. Don’t delay making a complain trying to find these out.
Think about these points before complaining
You can complain about open or recently closed accounts
These complaints can be made if your account:
- is still open; OR
- it is closed and settled within the last 6 years; OR
- or if it is with a debt collector and you defaulted within the last 6 years (NB the complaint goes to the original lender, not the debt collector.)
If you have had a DRO, IVA or bankruptcy after these problems, ask in the comments below, as this can be complicated.
Old accounts
Many lenders reject complaints about a card opened more than six years ago and say the ombudsman won’t look at them.
FOS may look at these “old” accounts if they have still been open within the last six years. But you are much more likely to win if there have been limit increases in the last 6 years.
If your account was opened in 2017 say, but the lender increased your limit in 2021, that limit increase is within the last 6 years so it can definitely be looked at. You can always get bank statements going back six years, even from closed bank accounts.
A alternative for old defaulted accounts?
If your account was opened over 6 years ago, 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 asking for this rather than making an affordability complaint.
Is a refund what you really need?
Any refund sounds good, but is your problem much bigger than this?
Complaining only gets the interest refunded – you still have to repay what you borrowed. If the debt is newish, you may still be left with a large, unaffordable balance.
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.
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, this isn’t the lender’s fault. But you may still need help to get interest stopped on the cards – talk to StepChange or National Debtline about getting new interest stopped when you are in difficulty.
How to complain
The email address to use
The best way to complain is by email. Find the email address here:
Credit card and catalogue email addresses
Start with this template
I’ve invented an example so you can see how a complaint could read.
Change/delete the bits in italics to tell your story. Miss out any dates if you don’t know them, this isn’t a problem
I want to complain about irresponsible lending 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.
Put this in if you think the lender may have an old address for you
I have moved and my home address is now xxxxxxxxxxxxxxxxxxx. Please do not send any letters to any older addresses on your system.
Put this in if you don’t know some details
I do not know the exact months when the account was opened or any credit limit increases or decreases. In your reply to my complaint, please tell me the dates and amounts of all limit changes, even if these happened over 6 years ago.
Then say IF they should never have given you the account:
You should never have allowed me to open an account with such a large credit limit.
On my income with my regular household expenses and other debts I could not manage to repay that amount in a reasonable time.
[if you had already missed payments] When I applied, you should have checked my credit record and would have seen I had recent missed payments to a credit card and a default only five months before on a loan.
[If this started as a 0% transfer: You should have seen that I would not be able to clear the balance in a manageable length of time, and that after the 0% period ended, I would struggle to pay the higher minimums once interest was being added.]
AND / OR say that they should not have increased your credit limit:
You should never have increased my credit limit. 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 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.
If the lender should 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
I had missed payments to you in 2023
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 2021.
OR
I would like you to refund all the interest I have paid since the 0% period ended and allow me to clear the balance without adding interest.
I would also like any late payment and default markers to be removed from my credit record. (do not mention this if the credit record for this card doesn’t have problems)
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.
Here are some bad or irrelevant comments lenders sometimes make when rejecting a complaint:
- you made the payments to them on time – that doesn’t mean you could manage a higher limit;
- the account was opened over 6 years ago – if it was still open in the last 6 years the Ombudsman may look at it;
- you accepted the limit increase – that doesn’t make a difference! The increase should not have been offered if it was unaffordable.
You know if this card or catalogue has caused you difficulty – it’s easy to send a case to the independent ombudsman. Don’t delay doing this!
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 bother to send A copy of your credit or finance agreement – the lender will supply that if FOS asks for it.
Send FOS a copy of your credit report, they always want to see it. If you have any old credit reports, send the oldest one you have, otherwise send the current one. You can download a statutory TransUnion report for free.
Also get your bank statements if they will support your complaint and send those to FOS too. Do not wait to be asked by FOS for these.
Ideally you want them 3 months before and three months after the account was opened and before /after any limit increase
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?
Stefanie says
Hi all
Just call Barclay card credit my closed card balence with£105 and want to make a payment of £75.00. she was bit robotic. Thing I am confused about they kept putting balence up never asked about my income nor circumstances or health questions I have missed payments and the card has been closed with default balence of £4401 and I have no means to pay off monthly.
At the time I have mental health issues which at time was depression. Now I have boardline personality disorders, OCD, PTSD and diagnosed with.autism and can’t cope. With boarder line personality disorders I had Reckless behaviour and I’d already had a dro racked up 10,000 debit but balence nil on Barclays card then I went to university and just kept spending.
I am at loss what to do about balence or how to write to them to get down as I also have memory.problem with chronic fatigue syndrome and dyslexia to write a letter to get refund wrote off etc
Thanks
Sara (Debt Camel) says
How long ago was your DRO?
Do you have other debt problems too?
Stef says
Hi
No other debit. Dro was in 2010 I started using card after that and they kept putting balence up I’d missed payments nor did they ask about income or credit cheque’s nothing just sending letter through post putting it up. Reason I got diagnosed with border line personality disorders is because of money spend and debit by mental health and the autism. Now I have my parenter helpjng with my money. I have a debit card with a balence on incase I need cash or to buy anything but a other for bills where money gose in and help keeps manage it .
Sara (Debt Camel) says
As this is your only problem debt, I suggest you talk to your local Citizens Advice and ask for their help to ask Barclaycard to write off this debt. See https://debtcamel.co.uk/debt-options/less-common/write-off/.
Part of this write off request will be pointing out that they didn’t check the limit increases were affordable for you. Part will be explaining about your mental health – Citizens Advice can ask your GP or consultant to complete a form called a DMHEF that explains how your mental health affects your money decisions.
If this doesn’t work, then a second DRO may be necessary. But a request for a write off is well worth trying.
Xubo says
I’ve started my complaint with Fashion World, im doing it through Resolver. I got an email saying there looking into my case but if you have bank statements, credit report, list of other creditors I had at the time of increases, but surely if they did proper checks before upping my limit they would know this and also see I was making minimum payements
Sara (Debt Camel) says
True. But why not help them make the right decision on your complaint by sending them this information?
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.
Mark says
So Barclaycard have bounced this that as the last credit increase was 2006, and I didn’t complain within 6 years of that, or 3 years in terms of being a reasonable time to complain – that they do not need to investigate.
This is despite them admitting that they acted inappropriately in respect of late payments and fees.
Any ideas how to combat this, I only realised I could complain when that actually wrote to me and I investigated?
Sara (Debt Camel) says
The law changed in 2007. No-one has won an affordability complaint for any decision that happened before that date, so I don’t think you will get anyone with an affordabil;ty complaint as the credit limit increases were before 2007.
There are some possible other options, but to try to look at the most likely, can you say what the rest of your finances like? Do you have other large loans or credit card bils? Overdraft? Are you buying or renting?
Also did you ever get letters from Barclaycard about “persistent credit card debt” – these would have been from 2018?
And did you ever speak or write to Barclaycard about your problems and missed payments?
Mark says
Hi
Yes, other credit card also with high limits and minimum payments.
Own a house my ex wife lives in with mortgage, I currently rent.
Definitely had persistent debt notices previously.
Thanks
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.
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
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.
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?
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)
Paul says
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
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
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.
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.
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.
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?
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
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.
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
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
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.
Do you know the dates of the limit increases?
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
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.
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
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
So definitely send a complaint to Vanquis. And if they reject it, send it to the Financial Ombudsman.
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?
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
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
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)
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/
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
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!
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?
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.
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
Unless you have an open account with them, you have to choose between complaining over the phone or writing to them at Customer Relations, PO Box 816, Leeds, LS1 9NY
NICO says
JT,
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.
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
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.
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?
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.
Good luck all.
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.
Ali says
Pippa…
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
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!
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.
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 relevant
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.
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
Paul, 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.
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!
Mr and Mrs C says
Gary,
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
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.
JT says
Hi Nico,
Adjudicator got in touch with me today to advise that Cap One 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.
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.