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?
Turtle says
Barclaycard got back to my FOS handler today. They disagree that the FOS should be able to look at my complaint (over 6 years old). Now this goes in the queue for an ombudsman to look over.
I’m not surprised (considering the lack of complaint handling procedure at Barclays) but why drag this out even longer.
Anyone been in a similar position? Hoping not to be in for year plus wait.
Mike_p says
I’d be interested to hear how you get on as I’m in a similar postion. Barclaycard rejected my complaint due to it being over 6 years since the limit increase but the investigator has decided they can look at it. The inevestigator gave Barclaycard two weeks to come back to them so I have a feeling that they will reject it like they did for you.
Steve says
Overdraft affordability complaint – Dec 2014. Adjudicator saying they can’t look at this because of time passed and I should have realised something was wrong back then. I’ve explained I only found out when discussing finances with a friend which was within the past 3 years. Any advice on how to get a complaint over 6 years looked at? I had no idea I could complain about the overdraft affordability back then, Halifax also never offered to see if they behaved responsibly. Any advice would be hugely appreciated
Sara (Debt Camel) says
This is from the Ombudsman or your adjudicator?
Steve says
Hi Sara, yes an FOS adjudicator.
As follows: Thank you for your email. As I think we can’t consider your complaint because it was made outside of the jurisdiction rules set by the regulator, I’m unable to comment on the merits of your complaint.
The ombudsman will now review all the information you’ve provided and decide if we can look at your complaint.
Sara (Debt Camel) says
ok, so it now goes to an Ombudsman.
Elise says
Is there an update on this? I’ve got this problem too. I have lived in my Lloyds overdraft of 3k since 2014. They are saying they won’t even look at it because it’s over 6 years. I’ve sent it to FOS today and will await someone being assigned. What do I say as I had no idea I even had a right to complain until I found this website a couple of years ago (if that).
Thanks very much
Sara (Debt Camel) says
You need to say just that, but expand it a bit. Explain how you knew you were in financial difficulty from 2014, but you thought it was your own fault for not being good with money – you didn’t realise the bank had a duty to make sure the credit it provided was affordable so you had no idea that you should complain. Then go into some detail about how you found this website (did you see an article in a newspaper or an advert from a claims firm or did a friend tell you about affordability complaints?) and when. Point out that is less than three years ago so you are making a complaint in the 3 years period since you became aware you had a cause to complain.
Natalie says
Please can I ask some advise?
I had my marbles complaint upheld and interest refunded and late payments removed. I am currently paying on a payment plan each month towards the balance left. I have not missed a payment Marbles have closed my access to my app and yesterday have registered a default on my credit file – are they able to do this? I was under the impression that all negative information was removed not added and they had to treat me sympathetically now.
Please help I’m gutted.
Sara (Debt Camel) says
I had my marbles complaint upheld and interest refunded and late payments removed.
was this a decision from the ombudsman or direct from Marbles?
Natalie says
This was by the ombudsman who made the final decision and told marbles to refund interest, treat me sympathetically with the remainder of my balance payments and to remove all negative marks from my credit record. I rang Marbles yesterday as I couldn’t view my app thinking that the balance of the account would now be showing the amended amount £5500 down to £1500 only to be told that I would not be able to view my account anymore and that a default would stay for 6 years.
Sara (Debt Camel) says
ok, go back to your adjudicator and say what has happened…
and send marbles a complaint saying they should not have done this and they need to remove the default.
Andrew says
Sorry just jumping on the marbles and aqua
Thread how long have people been waiting from a final ombudsman decision to them contacting you with figures and how long to remove defaults etc
Lynn says
Hi Sara,
Just a little update I have now heard from the ombudsman that is now dealing with my case and she has agreed to look at the complaint as it was Cabot who applied the ccj and not newday. She has said if I have any further information to pass it over to her that I would like her to take in to consideration. Thanks for your help.
Sara (Debt Camel) says
Excellent. That did sound like a very odd argument from Newday. I wonder if they have tried it on with other people.
Kaylie says
Just asking as my original lender told me that the debt has been sold off. Is this a part I can still follow? Original debt was in July 2018 and payments were expected to start in July 2019 but the account defaulted in March 2021
Sara (Debt Camel) says
So this was some sort of Buy new pay later debt?
Was it a catalogue with a credit limit?
Andrew says
So frustrating dealing with fos sometimes they seem to make a rod for their own back had 2 cards with new day (aqua and marbles)
Adj partially upheld saying from May 2016 both cards the limits should not have been increased and refund all interest from then
New Day disagreed so Ombudsman made the potential redress bigger saying the aqua card should never have been opened and gave me a provisional decision and nothing sides up to 29th Nov to put anything before ombudsman the decision wil be final
New Day haven’t responded and now the fos are mo ded to give them a extension as “maybe they never received the decision”
I said they are ignoring and I would not be happy with this extension they have never met a deadline all the way through
Anyone that has something similar from adj to ombudsman looking at it less than 3 months
Sara (Debt Camel) says
If the Ombudsman has changed the decision from what the adjudicator said, they will want to give the lender a chance to respond. It’s a slow system but a fair one.
Andrew says
They did they gave them four weeks and not even a acknowledgement so why a extension ?
Sara (Debt Camel) says
I know, everyone feels irritated by this sort of thing.
Mike_p says
It irritates me too. The interest from my statement pushed my Nationwide credit card over it’s limit and they phoned me up the next morning asking me to in pay the extra to bring it down. When I made a complaint it took them about 10 weeks to reply.
Andrew says
Hi Sara
So ombudsman has made the provisional decision final and stated New Day agreed with provisional decision so really don’t get what the wait was to make final
So the have been ordered to remove all interest form one card which will wipe the balance and possibly a slight refund
Other card ordered to removed from May 2016 to present (account was closed early 2019 and default registered with 3500 owing) has anyone a clue how New Day work the interest
Sara (Debt Camel) says
New Day had the right to object and the FOS would have had to consider what they said – they haven’t done this.
Interest being refunded is what will have shown on your statements.
Andrew says
Thank you
So say at May 2016 amount outstanding was 3200 interest was 70 per month all interest will be removed ie roughly 70 x 36 months until account defaulted (hypothetical figures) so basically the debt becomes interest free or do they still charge a proportion of interest based on the outstanding figure so 3200 pwing minus 2520 leave 680 outstanding??
Sara (Debt Camel) says
the debt should become interest free.
the default should also be removed from your credit record.
Tracy Sowerby 11 says
Good evening Sara
I have a credit card which defaulted in May 2014 and have been paying token payments for 6 years now. Is this something I could pursue as I have reviewed their SAR and they increased my limits several times from 500 to 2700 within 11 months from opening. I had high levels of existing debt which I can show but I’m just thinking I’m out of time with this one.
Thank you in advance
Sara (Debt Camel) says
Yes you can complain. Expect the lender to reject this and for it to have to go to the Ombudsman. FOS will usually look at these cases if you explain when aand how you have recently found out you could complain.
Mike_p says
I have an active complaint about a credit limit increase Barclaycard gave me in 2014. They rejected it due to the time that had passed but the FOS investigator said they could look st it. I’m just waiting to see what Barclaycard make of that decision and whether it wil have to go to the ombudsman or not.
Becky says
Hi Sara
Do you have any idea how to work out how much 8% interest will be on a refund for unaffordable lending on a credit card .i think I’ve paid £2771 in interest in total over a period of 7 years ,my case has been upheld by an adjudicator but my guess is aqua will disagree and send to an ombudsman
Sara (Debt Camel) says
Do you still owe a balance?
Becky says
No it’s been cleared about 16 months
Sara (Debt Camel) says
then the 8% interest should be paid from the point when your balance would have been cleared from the refund – which will be more than 16 months ago.
Chris says
Hi Sara, Please can you advise
I made complaint to Barclays about increases on my overdraft.
They have increased my overdraft limit in September 2012 and again in February 2013. Before September 2012 my overdraft limit was £1520 and it was increased to £2270 and then again in February 2013 Barclays again increased my overdraft from £2270 to £3020. now I explained to Barclays that I only find out I can make complaint about this back in 2020.
I explained to Barclays that before each increase increased I was always using my overdraft to maximum, had my Barclaycard used to a very high level of my credit limit. I had only made minimum payments on this credit card for a long while. Before 2012 I had some extra charges for going over my overdraft. I also have been using pay day loans on regular basis paying one off and taking another ones to make sure I have enough money to survive to end of the month. I also asked for refund of all the interest I paid and any charges after you increased my overdraft limit in 2012…
Chris says
…. today I received letter from bank telling me that they are sorry to hear that I made complaint about my overdraft limits and about my Credit Card limits ??!?! (Customer service person informed me that they logged complaint to Barclaycard on my behalf as well ?!?!?! never asked them to do that I only complaint about my Overdraft to Barclays, and he said that Barclaycard will contact me).
they also said that they will not upheld my complaint as the fees applied to my current account are correct. (not sure if they misunderstood me ? they stated that ”Bank and other institutions were taken to High Court over bank charges in November 2009 and that court ruled that bank charges applied to personal bank accounts were justified and correct. Barclays says to me that they stand by this ruling and they would not offer refund. In final response letter They never mention my overdraft increases / any information about increases itself in 2012 & 2013.
thanks for your help
Sara (Debt Camel) says
I suggest you send your complaint to the Ombudsman straight away. You were not (I hope) complaining that the charges were too high, you were complaining about the increases to your overdraft limit when the bank should have realised you were already not managing.
You could add that as Barclays should have realised you were in difficulty in 2012 and no increased your overrdraft, they should have also looked at your Barclaycard position and offered forbearance as your had then been only making the minimum payments for so long.
Chris says
Hi Sarah, thanks for quick reply
I complained about irresponsible lending by Barclays for my overdraft. I informed Barclays that they should never have increased my overdraft limit in September 2012 and again in February 2013 as it was unaffordable to me.
I explained to them that increased I was always using my overdraft to maximum, had my Barclaycard used to a very high level of my credit limit and I had only made minimum payments on this credit card. I also have been using pay day loans on regular basis paying one off and taking another ones to make sure I have enough money to survive to end of the month over my overdraft in some occasions before 2012 and I had extra charges applied to This should have shown you that I could not repay my balance within a reasonable length of time, so you should not have let me increase my overdraft more…
Chris says
…
I told Barclays that ”If you had properly checked my records before increasing my overdraft, you would have seen amount of Pay Day loans, credit card usage to maximum all the time, you would see that I had debt problems and they were getting worse. It was not responsible to continue to increase my overdraft limits. This should have warned you that I was struggling with my finances and it was not responsible to increase my overdraft more. By increasing my overdraft limits you made my financial position worse and made me borrow more elsewhere to make sure I will have money till the end of the month”
and I asked for refund of the interest I paid and any charges after you increased my overdraft limit in 2012.
Jax says
I had the same response from them. Interestingly I had a voicemail left today. Said it was Barclays re my recent complaint and wanted to discuss my account. I went on live chat and asked if the number was genuine. They said it wasn’t and they hadn’t tried to contact me today. I’m now really confused. Googled the number and the comments are mixed; some say the number is genuine, some say it isn’t. Going to call the complaints department number tomorrow to see if I can get to the bottom of it.
Ali says
Hi,
Can anyone offer advice on what to say if the Financial Ombudsman nvestigator asks why you didn’t bring this to their service sooner? They have come back and said to me that “Capital One have not given our service consent to review the opening of your credit card on 22 February 2012 and the increases which took place on 30 July 2013 and 29 July 2014 as you raised the complaint on 4 May 2021. Please can you provide the reasons why you didn’t bring the complaint to our service sooner. Please explain if there were any extenuating circumstances we can consider.”
Other than not having a clue I could do this until speaking to someone I knew who was in the same situation and then researching it further I’m not sure if that’s a good enough reason.
Has anyone been asked this before and what did you say?
Thank you in advance
Ali
Sara (Debt Camel) says
yes that is a good enough reason. But give some more details – did you speak to a friend or your sister or a colleague at work? And when did you hear this? And how did you research it – google and found Debt Camel? Just give more details as it makes it sound like the complete story.
Mike_p says
The investigator asked me something similar about my Barclaycard complaint. I responded with a fair amount of detail on how I’d been referred to Stepchange which led to me looking at debt managment plans and finding articles on this site. The credit limit rises were in 2014 and earlier and the investigator agreed to look into it. Now I’m waiting to see if Barclaycard agree with that or want to send it to an ombudsman.
My investigator worded it in a slightly more understanding manner: “Could you provide more information about when you knew you had reason to complain about irresponsible lending related to your credit limit increases. For example, when and what situation prompted you to realise the lending was irresponsible and why weren’t you aware of this earlier.I’m sorry to have to ask for this, but this business has not yet given their permission for us to look into this complaint, due to the time that has passed since the events complained about occurred. Therefore, I have to confirm if this is within our jurisdiction”
Steve says
I recently had an Ombudsman ruling in favour of Halifax as I, like you, didn’t complain within the timeframe allowed. In my personal opinion the Ombudsman are not taking on anything they don’t have to, due to workload. Having said that, they are all very different and you may get a decent one. The better your argument as to why you didn’t complain in time will determine if they take it on, answer within time but think it through carefully.
Sara (Debt Camel) says
have you now had a decision from an Ombudsman that they can’t look at your complaint? or are you still waiting?
In my personal opinion the Ombudsman are not taking on anything they don’t have to, due to workload.
That isn’t right. Most people here have older cases picked up, it just takes time.
Siobhan says
Vanquis have sent me a final response letter, first they say they sent me a final demand letter in March 2016 because I was in arrears, then they have said they raised my credit limit in Oct 2016 because I was a good payer and have never missed a payment so they won’t be upholding my complaint.
I’ve sent this to FOS today. How could they contradict themselves that much? I took numerous payment holidays with them and have always had issues with debt, I had a CCJ when I took out the card in 2015.
Have many had success going through FOS for Vanquis complaints?
Sara (Debt Camel) says
That is an exceptionally poor response by Vanquis :(
People are winning Vanquis complaints at FOS.
One thing to look out for is that sometimes adjudicator decisions are a bit vague – and lenders interpret this in a way which measn they may out less…
If the complaint is upheld from the point your credit limit was raised in Oct 2016, you want a refund of ALL the payments you made from that point. Not a refund of all the payments you paid less what the interest would have been on the previous credit limit… This is because when Vanquis looked at your situation, they should have realised you were already in difficulty. they certainly should not have made this qworse by increasing your limit, but they should have not allowed you to carry on using the account and should have frozen interest so the balance could be repaid.
Max says
Hi Sara,
That’s a very, very interesting point and one I will certainly insist NewDay comply with after my recent win.
I assume there are precedents for this? Does anyone have any examples they can share of firms trying it on that involved further communication with the FOS to settle?
Sara (Debt Camel) says
The important thing is to make sure the adjudicator specifically says to refund all interest and charges after a date. if the adjudicator is vague it’s annoying to have to argue about this with the lender.
Max says
Hi Sara,
Thanks for the info, as always. I raised that exact point with FOS and got a short reply saying the Ombudsman has made their decision and they don’t get involved in the redress calculation side of things.
For my Aqua card, NewDay must refund all interest and fees charged from May 2015, on amounts above £1,300 (limit is £4,800), plus 8% simple interest. For my Marbles card, NewDay must do the same from Jan 2016 on amounts above £900 (limit is £3,100), plus 8% simple interest.
I’m finding the calculations very confusing, especially as I cleared the balances on more than one occasion before whacking the cards again. For example, in early 2016 I cleared the £3,000+ Aqua balance in full, so does that mean I was then in “credit” of £1,700 and the 8% clock starts ticking? Did said clock stop when I spent more than that £1,700?
In theory, all spending and payments above the £1,300 limit no longer exist, right? For the record, I’ve paid them nearly £36,000 on the Aqua account alone since May 2015, of which more than £9,000 was interest and charges. Current balance is still above £3,000.
I’m awaiting redress figures, but feel I may need professional, paid accountancy/legal advice on this to ensure I don’t miss out.
Any comments gratefully received – especially as many other posters have cases like this pending.
Max
Sara (Debt Camel) says
So the problem here is not the lender calculations, it is the adjudicator decision. Was the adjudicator clear that only interest on payments over £x should be refunded? Or is that how the lender is interpreting this? How long ago was this adjudicator decision?
Max says
Hi Sara, this is the Ombudsman’s legally-binding decision in full. NewDay have already asked them for my bank details, but I’ve had no other information from them yet as to when/how they will calculate redress:
NewDay Ltd must –Refund onto Mr X’s aqua account, all interest and fees charged from May 2015, on amounts above the limit of £1,300, which was in place prior to the May 2015 credit limit increase on this card. It should do that from May 2015 to date.
Refund onto Mr X’s marbles account, all interest and fees charged from January 2016, on amounts above the limit of £900, which was in place prior to the January 2016 credit limit increase on this card. It should do that from January 2016 to date.
If there is any surplus after this money was refunded, that should be paid back to Mr X with 8% simple interest applied. And if there are any late payment markers associated with these accounts, then these should be removed from Mr X’s credit file.
Any thoughts?
Max
Lynn says
Hi Sara,
Just another update on the newday case. The ombudsman’s has now made a provisional decision on the case and agreed with me !!! Increases from dec 2015 onwards which is between £1200 and £4750 as unaffordable!!!
I can’t thank you enough.
Tracy Sowerby says
Hi Sara
The saga that is vanquis has been temporarily put to bed as I was getting nowhere between them and the adjudicator. I have reluctantly agreed to their calculations but will be taking the matter further under a separate complaint.
However, today i received a statement from Arrow whom have bought the debt from Vanquis. It still has the full amount showing as due 3573.04. I rang arrow and they said they have no records of vanquis even contacting them for a figure.
Vanquis redress letter of the 22nd September states they contacted arrow confirming same amount and that it had been refunded to the account!?
I have for some weeks been disputing their calculations but relented and was was paid the remainder on the 28th November.
Surely this should have been paid off by now?
Thank-you in anticipation
Sara (Debt Camel) says
Send Vanquis another complaint!
Mike_p says
I’ve just had a good result with my Tesco credit card. They rejected my complaint as lenders often do, but the FOS have said they should refund all interest since my 2018 increase and back date the default to then. The refund is only £200 but it means the default will drop off in 2024 instead of 2027. I have some other complaints in progress so hopefully some of them will get good results too.
Mike_p says
I wonder if I could have some advice on a complaint that I have made against Barclaycard. The FOS investigator found in Barclaycards favour as they said I had been making significantly over the minimum payaments. That’s true but I was using the barclaycard for all my spending, so I might have paid £1000 off it when I got paid but then spent £1200 on it over the monet. I can’t see how thats much different to making only the minimum oayment and using my debit card for daily expenses instead. The net result was that my balance increased steadily from £700 in 2010 to £8400 in August 2014, during which time they increased the limit three times when I got close to it. The investigator also said my repayments would have paid the balance off within a year which they said was reasonable. Again I was living on the card, so if I stopped pending on it I’d only have been abke to afford a small repayment. Do you think I have grounds to ask for it to be sent to an ombudsman?
Sara (Debt Camel) says
If you make a list by month from 2010 to 2014, does it show the amount spent, the amount you paid and the balance all tending to go up every month?
When you say all your spending was on this – what does that include – groceries? petrol? utility bills? council tax?
Mike_p says
I made a graph in Excel and the balance increased steadily over the four years. The amount I repaid tended to be about the same, and the amount spent went up. The Barclaycard went up from £700 to £8400, but I had two other cards too and the total balance went up from £5,800 to £19,100.
The spending was day to day things – petrol, groceries, clothes etc. Bills and council tax were all
Sara (Debt Camel) says
So I suggest you show your adjudicator that chart and point out your balance was going up even though you were paying more than the minimum and that your credit record would have showed that your other debts were going up too.
What was your monthly take-home income at the end?
Did you also have an overdraft? with which bank?
Mike_p says
I did send them the chart with all the debts on, the Barclaycard one was going up by about £160 a month for four years. The investigator just looked at what I repaid vs the minimum payment but didn’t consider what I was spending on it. My take home pay was about £2500 and I had a mortgage of around £1000 a month.
I didn’t have an overdraft, I used three credit cards for my borrowing.
I wasn’t able to supply any bank statements as they are not in my online banking, but I’ve sent Halifax a dsar to see if they can supply them.
Sara (Debt Camel) says
Then you should also point out to the adjudicator that in 2014 your take home pay was £2500 a month and your mortgage was c £1000 a month, you had more than 10k of debt on other credit cards which would have showed on your credit record and you were using the Barclaycard for everyday spending such as groceries and petrol – you could not possibly have repaid the Barclaycard debt within a year by stopping spending.
Ask for them to review your situation and say you want the case to go to an Ombudsman if they do not change your mind.
Mike_p says
Thanks I will do that. It’s taken.a while to piece everything together due to how long ago it was. Hopefully Halifax can supply bank statements as they will have only recently dropped off my online banking.
Sara (Debt Camel) says
It is a shame you did not get those statements back when you started the complaint.
Jax says
Result! After Barclays rejected my complaint, they have reviewed their decision. Offered me a refund of all charges for 6 years today. I agreed and almost 4k in my account within an hour! Happy Christmas!
Sara (Debt Camel) says
Well done!
Did you ask them to review their decision – if so, what did you say?
or did they just decide to off their own bat?
Jax says
Thanks Sara. I asked them to review it as they hadn’t addressed my points in the original complaint. But that was about 6 weeks ago and heard nothing until last week when they left a voicemail. Finally spoke to them today and couldn’t believe it. Can’t tell you how happy I am. Sara your site is the best! Thank you!
Samantha says
Hi Sara, I previously got intouch regarding my vanquis credit card and irresponsible lending, they have replied this morning stating they have reason to believe they have done all the necessary checks before increasing my limit and that I could have declined the limit increase but didn’t, what do I do now? Do I appeal? Is this right? Just sounds like they do not want to accept responsibility
Sara (Debt Camel) says
The fact you did not decline the increase is irrelevant – what matters is whether Vanquis should have offered it.
There is no point in asking Vanquis to look at this again, if you know your credit limit was raised to too high a level then send the complaint to the Ombudsman.
jimbob says
Glad i found this question and answer. Almost a carbon copy of my situation. Just about to send initial complaint but nat debtline said to expect same answer. Subsequent question do you still wait 8 weeks before sending to Ombudsman
Sara (Debt Camel) says
You can send it to the Ombudsman as soon as Vanquis reject it. If they haven’t replied in 8 weeks, you can send it then. No earlier, FOS will just tell you to wait for Vanquis.
jimbob says
Thanks for that. I was under the impression Ombudsman would not entertain it until 8 weeks after the date complaint was raised. Irrespective of how soon creditor makes a decision.
Kelly says
I raised a complaint with the FOS after Barclaycard refused to repay me. FOS have wrote to Barclaycard and this is some of the letter /
I don’t feel Barclaycard carried out reasonable and proportionate borrower focussed checks. And as a result of this, I feel Barclaycard didn’t act fairly when it made the decision to lend to Miss Hughes.
Where credit has been provided when it shouldn’t have been, it would be fair and reasonable for the lender to refund any interest and charges paid by the borrower (if there were any). And the borrower would be expected to repay any remaining amount of the funds they were given.
I can see Miss Hughes has already paid back the funds she was lent as the balance on the account is £0. This means Barclaycard should refund all interest and charges paid by Miss Reid while the account was active. I’d also expect Barclaycard to remove any adverse information they’ve reported to the CRAs about this account.
Is it likely Barclaycard will agree, also is there a rough way of doing a calculation of what the interest/charges would be or is it just a waiting game?
Cheers x
Sara (Debt Camel) says
Barclaycard do normally accept adjudicator decisions, fingers crossed they do for you.
The charges/interest would have been shown on your statements – there is no way to guess at these.
Chris says
Hi Sara. I have had an overdraft with the same bank for 20 years. For most of that time, the overdraft of nearly £3000 has essentially been ‘maxed out’. My question is, considering that the bank never increased the overdraft limit in recent years, would I have the basis for an affordability complaint in that the account was essentially always in significant overdraft, even after my salary and I was paying significant fees for this? I also had lots of payday loans, etc., which were showing on the bank’s statements. Any advice would be appreciated. I don’t want to ‘rock the boat’ with the bank if you don’t think this is a strong case as my salary is paid into this account and I don’t want the bank to freeze the account or anything. Thank you.
Sara (Debt Camel) says
yes you can complain about this. Being continuously in your overdraft all the time, not even getting back into the black on payday is an indication that you are in difficulty. Not a problem for the odd few months, overdrafts are there for short term problems, but for a prolonged period eg over a year, No. many banks review overdrafts once a year (you may not have been aware of this), others should still notice if you are in a difficulty for a long while. Do you remember when the overdraft limit was last increased?
Chris says
Thanks so much for your reply Sara. The account was in pretty consistent overdraft for the best part of 20 years. Most of the original overdraft limit increases would have taken place prior to 2010. I believe that there would have been one limit increase maybe around 2016/2017 when the bank removed their “emergency borrowing” feature and this limit became part of my standard overdraft limit. If I do complain, is the bank likely to freeze my account or remove the overdraft limit as a result of the complaint? I am slightly concerned as it is my main bank account. I have finally improved my situation in the past six months (thanks to all of your wonderful advice) so I am finally not currently using the overdraft. Thanks again Sara.
Sara (Debt Camel) says
It’s unusual that people report problems with a bank closing an account but it isn’t imposssible.
If you are worried, then it may be a good idea to open a new bank account now? A lot of people love Monzo and Starling bank accounts…
It’s up to you if you want to make a complaint of course, but this could be a large refund. Surely worth the minor hassle of switching accounts.
Mike_p says
I switched to Monzo recently, switching is absolutely no hassle at all these days if you use the current account switching service. Your direct debits and standing orders get transferred over automatically.in advance, and on the switch day your balance gets transferred over automatically and everything seamlessly comes out of your new account. Payments to your old account get redirected to your new one so you have lots of time to give people your new details.
kate says
Hi, i sent an affordability complaint over to aqua over a year ago now on the basis of irresponsible lending due to always being near my credit limit and still applying increases to my account up to the value of 4k, they rejected my complaint and soon after closed my account down without informing me, i have since cleared my balance and as far as i am aware the account is closed, i didn’t mention in my complain to them that the reason i was in difficulty is because of a gambling issue, although they should of noticed gambling transactions on my account, do you think i should send another complaint over on this basis? or will they reject it straight away because i had already sent one over a year ago?
Sara (Debt Camel) says
I think they will reject it – I am sorry but you should have sent this straight to the ombudsman where you may have won the complaint :(
Bc says
Hi Sarah, had this request from the adjudicator regarding my Complaint to Vanquis,
Thank you for your patience while I have been looking into your complaint.
I need some more information to help me investigate your complaint.
What I need
Can you please provide me with a copy of your credit report? As a suggestion, there are credit reference agencies such as Equifax who offer free trials and allow you to download your entire report as a pdf file.
Can you please also provide me with your main bank statements for the following dates:
June 2015, July 2015 and August 2015.
November 2015, December 2015 and January 2016.
April 2016, May 2016 and June 2016.
August 2017, September 2017 and October 2017.
I have managed to download the credit report, but the statements will have to be requested via a branch as I do not have on line banking, I have emailed these reasons over and also asked question if it’s possible to progress without the statements.
Sarah, thanks for all the great advise you provide, wishing you a very happy new year.
Sara (Debt Camel) says
You need those bank statements. As the article above says “Also get your bank statements if they will support your complaint and send those to FOS too. Don’t wait to be asked for these.“
Mike_p says
Which bank are you with. They sometimes have a data subject access request form on their website which allows you to request statements without being registered for online banking. I told.my investigator I had made a DSAR request and he gave me a month to send.him the statements.
Bc says
It’s the Halifax, so will only know when I get to the branch,
Mike_p says
That’s who I was with. They have an online form you can use to request statemens which will be much easier than going to a branch. You don’t have to be registered for online banking to use it:
https://www.halifax.co.uk/securityandprivacy/privacy-explained/personal-information-we-have.html
Bc says
Thanks Mike_p, I will try the link
Bc says
Thanks for the reply, I will go into a branch as soon as possible, as I’m not an on line banker would they have to post the statements out or could I get them emailed to save me having to scan them ready for sending, also do I have to mark out and transactions that are not relevant to the claim? I ask this as it’s the first claim I have submitted, so not entirely sure.
Sara (Debt Camel) says
I don’t know, it may depend on your bank. You could tell them you are happy to PDFs emailed to you. You don’t need to mark up the statements – FOS want to see what was happening with your finances. they aren’t checking the details of what you paid to the credit card.
Bc says
Thanks, appreciate your help, hopefully once the report and statements go over it won’t be too long for an outcome, Vanquis have agreed that the adjudicator can look at over 6 year’s as I opened the account in march 2014 and the first increase was October 2014, and since then it’s at the maximum £4000 with only the minimum payments being made, but not getting too hopeful yet but it would make hell of a difference, especially if it’s cleared with some left over.
Sara (Debt Camel) says
keep your expectations low but send all these cases to the ombudsman is my suggestion.
Ross says
Hi Sara,
Could I please ask your opinion? I sent a complaint, to the FOS, in June of this year. To cut a long story, short, I had held an Aqua Card for a number of years, which was always maxed out and had used for cash advances and gambling transactions. I had also, largely, only ever made minimum payments, which meant the balance never really reduced, owing to the extortionate interest rate. In November, 2015, I was in a desperate situation, what with Christmas coming up and trying to balance lots of PDL’s, other numerous high interest credit cards (all at their limit) and a £5000 OD, which was also always at its limit, and never back in the black, even after payday. In my desperation, I tried to apply for several lines of credit, without success, and then (as a last resort) I applied for a Marbles credit card. To my amazement, they approved me, with an initial credit limit of £900, which I maxed out nearly as fast as the card arrived.
On looking back, I thought it was totally irresponsible for them to approve this and submitted a complaint, explaining why I felt this was the case. Newday came back to me, not addressing any of the points I made, and declined the complaint. I explained to the FOS that, based on my existing relationship, with Newday, that the card should never have been approved. I’m still awaiting an outcome.
jimbob says
While comprising my complaint i have been following your excellent tips under the heading of-They should not have increased my credit limit. However i am very concerned with section about helpful to give detailed info why payments were unaffordable. I cannot work out how to monetarise situation in that way. All i have got is income was benefits only and went on care costs. Could this lack of detail be detrimental to the success of complaint
I mentioned being concerned about detail. Is this less important to initial complaint to creditor and more important to consider when dealing with Ombudsman. And thinking of latter do we prepare acquiring papers they may require e.g. Credit reports and bank statements.
Sara (Debt Camel) says
Yes detail matters more to FOS. I think many lenders don’t really read what you write, it just gets handled in their “what we do with affordability complaints” way. Just say that all her disability benefits were being spent on care costs – her bank statements will show this.
Yes get credit record downloaded now and also get bank statements. Don’t wait to be asked by FOS for these as it takes time to get them.
jimbob says
Thanks for that. Just a final question. Credit account opened Feb 2017. Bank statements from then? And what do FOS look for in statements.
Sara (Debt Camel) says
Bank statements from 3 months before the account was opened are best. Well until the DRO – no need for any after that.
FOS look to see if the repayments were affordable.
jimbob says
vanquis account started in Feb 2017. DRO granted may 2021. From what you said above does that mean all bank statements from November 2016 to May 2021. Checked online and that is over 200 statements.
The bank issues statements after x number of transactions. We did a lot of small transactions hence loads of statements. They will be nowhere near straight forward for FOS to understand. Where as credit report will show multiple defaults. And I and E breakdown will show clear financial picture and fact that credit limit was 60 percent of total yearly income before any other spending.
Sara (Debt Camel) says
But the bank statements prove the I&E is accurate… FOS will very often want to see some of them.
Ok so really you need three months before the first point you want to complain about to three months after the last limit rais.
you can try for the account opening but it’s more common to win from the first increase – so that would be statements from March 18 to May 20.
jimbob says
If the FOS are willing to give us the opportunity to explain it all then hopefully they will be able to get the true picture. We pay the bills depending on when they fall and whose been paid that corresponding week and transfer funds to each other accordingly. And Care Services activities are paid by cash transactions. My daughter always losing things so risky carrying and using cards
We have initiated the claim from the first increase. The good news is we have access to online bank statements to download for the entire period from then to present. But how the eck we will go on with the FOS time will tell. Thanks for your great help and incredible patience with your correspondence with me. Many thanks and a happy New Year to you.
jimbob says
Bank statements may be complicated. But i found 40plus Council Care bills showing high arrears. And 17 final demand notices to pay before further action taken. These look pretty good for evidence.
Samantha says
Hi Sara,
How do I take my complaint to the ombudsman? I had a vanquis account that had credit increased after making my complaint they stated that they did all checks and that I did not decline any of thier increases so they feel they did nothing wrong, you advised that regardless if I declined or not is irrelevant and take it to the ombudsman, what do I say? Where do I start with it? Also is my vanquis account supposed to be held until the complaint is delt with as they are now asking for a £500 payment and I have been waiting about 6 weeks to hear back from the original complaint.
Thankyou
Sara (Debt Camel) says
See the Don’t be put off by a rejection – sending a case to the Ombudsman section in the article above for how to send a complaint to FOS.
Your account is not on hold. Can you afford the current minimum payments? Is this your only problem debt?
Samantha says
Hi Sara, no I cannot afford the minimum payments I have struggled for sometime now, I have paid off the balance afew times and got a loan to clear the balance and then maxed it out again so currently paying a loan aswell that I initially got to clear the vanquis! They are basically saying that after thier checks they still seen it as affordable lending even though I have always had late payments and had missed payments on my account.
Sara (Debt Camel) says
What other debts do you have? Who was this loan from as you probably have a good complaint against them too?
Samantha says
Hi Sara,
I have a PayPal account £2000 that has had holiday payments etc I got a 10,000 loan from Hitachi to clear the vanquis card and another loan but maxed the card again, I also have a capital 1 with £1,450 this limit has never been increased its been the same for years but vanquis saying that the had lent to me after doing checks etc, I became a full time student in 2017 so never had the income I did do when working full time surely they should have seen this on thier checks??
Sara (Debt Camel) says
It sounds as though you should be looking at a complaint to Hitachi, see https://debtcamel.co.uk/refunds-large-high-cost-loans/
It also sounds as though you have much too much expensive debt to make the repayments. There are no temporary solutions that will protect your credit record for the long while these complaints can take to go through.
I think you should either be looking at payment arrangements with all of your creditors, including Vanquis. Or you can take the shortcut and talk to StepChange about a debt management plan for all your debts.
If you win complaints this will clear parts of your credit record and massively speed up repaying the DMP.
Samantha says
How long will it stay on my file for if I opt for setting up a arrangement plan? I don’t really want to do a DMP as I am looking to buy my ex out of the property so I need to avoid any defaults etc! Also will doing this effect me lending in the future?
Sara (Debt Camel) says
ideally of course you want to avoid defaults.
But realistically you canniot make the current payments, so what options do you have that will protect your credit record?
Taking this complaint to FOS at least means if you win it you will have the negative marks removed. And ditto if you put in a complaint against Hitachi and win that.
Buying your ex out of a property is often pretty hard. but unless you get these debts down dramatically, you are evry likely to fail on affordability tests for the larger mortgage even if you had a clean credit record.
Nadia says
Nice start to the new year, thanks to your advice on here – a refund of just short of £500 and three late payment markers removed from my credit file by Very.
Great site full of useful advice
Happy new year!
N says
I have a complaint upheld by adjudicator regarding my santander overdraft. Do santander usually disagree to adjudicator decisons because i have been looking online and thats all i seem to find :(. I have waited almost 2 years for this. Santander have until 7th jan to reply :((((
Elle says
Hi all. I have had a Lloyds overdraft since Around 2012, it gradually increased and ended up being £3000 in total. I made about 7 applications to increase it within around a 7-10 day period, sometimes 2 were done in the same day and all we’re approved. I persistently lived in this overdraft until finally clearing it this year. Lloyds final response is they won’t even look at it because it’s over 6 years old and I should have known in 2018 i had a right to complain? No idea where they got this from I only found this website about 1-2 year ago and had no idea until that point that I could complain about an overdraft? Is this worth sending to FOS or are Lloyds right? Thank you
Sara (Debt Camel) says
Yes definitely send this to the Ombudsman. FOS usually does look at these older cases, although the odd reader has had a problem, most haven’t.
And for overdrafts there is also the argument that Lloyds should have reviewed your overdraft annually within the last 6 years – so even if FOS doesn’t look at the old credit limit increases (which they should – I am not saying drop the complaint about them!) then you may be able to get a refund for the last 6 years.
Elle says
Thank you so much, I think this one could be life changing. I think they have probably said they won’t look at it because they know it’s going to be huge and are hoping I go away. I have lived in that overdraft since 2021, persistently close to the 3k mark too, so what I mean is I was never say only £500 into it I was always close to the limit. This could be huge
Sara (Debt Camel) says
A lot of banks are rejected a lot of very good complaints at the moment.
Dave R says
Hi Elle,
Definitely complain to the FOS, Lloyds rejected my overdraft complaint and gave me no reason whatsoever other than “they felt they had acted fairly with the increases”.
My overdraft went from £2,300 to £5,000 in 12 months, with multiple amounts of same-day limit increases as well! Living in it for years and paid thousands in charges
Took nearly a year to get an adjudicator but they recently upheld my complaint fully and I’m just waiting to hear back if the bank agree or not. Lloyds dragging their heals annoyingly…
Elle says
That’s amazing news! I have no idea what refund I’m looking at but guessing it could be pretty big. Do you mind me asking what yours was please? Mine has been 3k since 2013, and lived in it until this year when I managed to pay it off (refunds from other complaints helped me do this) thanks very much for your advice
Dave R says
I’m not sure what the exact amount will be as Lloyds would need to calculate this and then come back to us and they are taking their sweet time at the moment. I’ll let you know here when I know.
Well done for getting it paid off! It’s a wonderful feeling,
Dave R says
Good news, Lloyds have accepted the adjudicator’s decision now and I’ll be getting a refund of all overdraft charges and interest from the uphold date. This amounts to around £7k!! (including the 8% interest).
Keep fighting it Elle!
Massive thanks to you Sara, I’ve had a lot of wins since I started following this page closely and it’s honestly turned my life around. I’ve come an extremely long way and claimed back a hell of a lot of compensation since September 2020 and I’m immensely grateful for the sage advice.
Sara (Debt Camel) says
excellent news.
Mark says
Hi
I currently have a compliant ongoing with Barclaycard over irresponsible lending that the FOS is looking into to see if they can review(outside the six year, but not three year rule)
However, just today I saw two interest refunds on my account that have been applied without any dialogue with me at all, no letters, anything. Upon calling there “Remediation’s” team, after a protracted conversation, I was finally told they related to interest charged during a payment holiday I opted for during the pandemic.
Has anyone else come across this at all – admittedly my car finance provider froze interest, so I knew of it but never thought to question any other Credit Card or Loan providers
Thanks
Sara (Debt Camel) says
The regulator’s rules allowed you to defer making the payments, they did not stop lenders continuing to add interest. It may be that Barclays has decided to waive the interest here – I haven’t heard of this happening, I will keep a lookout for it.
Mark says
Have you heard of any more examples of this yet?
Sara (Debt Camel) says
No.
Chris says
Hi Sarah
happy new year!!
just a question,
before I have sent my complaint to Barclaycard I have asked them (in inquiry) about my historical increases on my account (opened in 2005) as I knew that I had 2 increases in 2014 (from 5.5k to 6.5k & 7.5K) and 2015 (8.5k) and 2016 (9.5k) . in reply for my inquiry they replied that they can only go back 7 years to see what increases I had.
I have sent my complaint to Barclaycard only for increases from 2014 as I didn’t have more details. Today I have received letter from Barclaycard and it looks like they had look at my account from time it was opened, mentioning another increase in 2008 which I’m not to bother about, but I discovered that I had 4 increases in 2013 (May, July, October and December) not sure by how much as they not mention this and I can’t remember and also I cant access my barclaycard statements. Barclacycard obviously reject my complaint as it is over 6 years ago but I only found out I can make complaints about this back in 2020 when I made my first FO complaint and I saw some articles on your website and FO website.
my question is.. when I will send this to FO can I mention increases in 2013 to FO and ask them to investigate this as well ? as my original complaint to Barclaycard had it from 2014 but like I mention above its look like they took all increases on my account from the beginning as they said that will not investigate 2008, 2013, 2014, 2015. ) but they investigated 2016.
thanks in advance
Sara (Debt Camel) says
Yes. tell FOS that Barclaycard only originally told you about increases after 2014, but since then they have told you about earlier increases and you want to complain about them all. Say that you knew the car balances were getting high but you did not know that Barcalycard shoyuld have checked that they were affordable so you didn not have any reason yo think you had cause to complain. Explain how and when you found out about these complaints and point out this is within 3 years of you making the complaint.
N says
Posting again. I have a complaint upheld by adjudicator regarding my santander overdraft. Do santander usually disagree to adjudicator decisons because i have been looking online and thats all i seem to find :(. I have waited almost 2 years for this. Santander have until 7th jan to reply :((((
Sara (Debt Camel) says
really there haven’t been that many decisions for me to feel sure what a bank will normally do.
N says
Hopefully i will let you know when i hear back. Thanks
AL says
Hi Sara
An adjudicator has picked up my case against barclaycard. I thought I had had increases on my account prior to 2019 (account was opened in 2010) but the adjudicator has said he can only see that the limit was only ever £5320 from opening up to 2019 when they raised it and I have no way of checking this as barclaycard have said it’s over the time frame and they can’t check. My question is could I complain about it even if it wasn’t raised and that I felt the £5320 was too high as I was only ever in a significant overdraft also with barclays bank. Could I ask that they should have reduced the amount knowing I lived in my overdraft amd therefore claim back all charges since 2015? I say 2015 as this is as far back I can evidence with bank statements that I was in significant overdraft. Thanks
Sara (Debt Camel) says
Yes you can then say that they should never have given you an account with high a credit limit.
Did they increase your overdraft limit during this period? At that point were you only making minimum payments to the card? How bad did your overdraft get – were you in it most or all of the month? Sis you exceed the overdraft limit and so pay high fees?
AL says
Opened barclaycard in 2010 and i mostly only ever paid minimum payments. I had overdraft increase in 2012 to £1200 and then again in 2013 to £1600. Was mostly only ever in the red and maxed out. Wages would go in and woukd be back to max by the end of the week and sometimes over overdraft limit and this was a weekly cycle for nearly the last ten years. I have also made a complaint in relation overdraft that barclays rejected and is waiting to be picked up by an adjudicator
Sara (Debt Camel) says
OK then your argument is that Barclays should have looked at your Barclaycard when considering whether to increase your Barclays limit – they should not have upped the overdraft limit and they should have offered to help you with both the overdraft and credit card by freezing interest and charges. Ask for your Barclaycard complaint to be considered at the same time as the overdraft complaint.
AL says
Hello Sara, i asked the adjudicator to investigate that the initial credit limit of £5320 was too high and he said he was unable to do that because I only made a complaint to barclaycard about the credit increases. Is this right that the adjudicator can’t now review the initial credit limit? Thanks
AL says
Does this mean I now have to make a new complaint with barclaycard over the initial given credit limit?
Sara (Debt Camel) says
i think you should go back to the adjudicator and say this is unreasonable – that you were complaining that £5350 was too high a limit – you thought it had been increased to that but Narclaycard did not tell you that it had always been that, but your complaint is still that it is too high an amount.
AL says
Thanks Sara, I’ve asked him to reconsider but I’m not holding out much hope. If he doesn’t would I then go back to Barclaycard with a new complaint? Thanks
Sara (Debt Camel) says
yes – straight back and straight onto FOS when they reject it.
Mike_p says
It’s strange they say they can’t go back that far. I complained to them last June and their final response mentioned credit limit increases in 2011. I also made a data subject access request to them at the end of last year and they provided all statements going back to 2010.
Elle says
Hi Sara,
I do hope you can help me with this issue. Added over several comments due to the limits.
My complaint with Freemans, Grattan, Kaleidoscope & Bonprix (all same co).
The FOS adjudicator has stated:
“As I uphold this complaint in part, I think to put things right, it’s fair and reasonable for
Freemans to refund any interest and charges incurred by Elle as a result of
the credit unfairly granted to her.
I don’t think the limits should have been increased from 3 December 2013 onwards.
Therefore, Freemans should remove any interest and charges incurred after 3
December 2013 as a result of any increases on all four of Elle’s accounts.
That is, Freemans can only add interest accrued on the balance up to the credit limits
in force before 3 December 2013 on all four of Elle’s accounts.
Freemans should work out how much Elle would have owed after the
above adjustments. Any repayment Elle made since 3 December 2013
should be used to reduce the adjusted balance.”
I received the breakdown from Freemans for all 4 accounts but I wasn’t sure the redress amount was correct/ may not have been calculated in the right way. Their response doesn’t appear to follow what the adjudicator requested.
So I asked the adjudicator to take another look before Xmas, he sent my query to them. They’ve said it’s correct and repeated what they’ve done to get this figure, but again it doesn’t make exact sense to me.
Cont…
Elle says
Cont… I was given a goodwill gesture refund of around £723.20 which covered just 5 months of interest and charges from May 2017 back to Jan 2017.
In their revised breakdown Freemans should refund interest from Dec 2013 on all 4 accounts as per the adjudicators instructions as I understand them.
They have deducted the pre paid £723.20, but then calculate the further redress payment to be just £163.83 for the previous 4 years. My debt with them rose as shown below, from Dec 2013 – Jan 2017. There may have been ‘buy now pay later’ orders but I never paid them off before the end of the BNPL times, so they would have still had interest added later.
1/ £200 – £1024,
2/ £400 – £1244,
3/ £200 – £556,
4/ £200 – £1189.
Freemans response is below:
“To calculate the redress payable, we have re calculated the interest charged where the balance is has exceeded the credit limit on each account prior to any increases granted from December 2013 and included a refund of all fees charged in these instances & applied statutory interest at 8% to the amounts offered.
The total redress payable from the above calculations is £887.03, this sum then reduces by the refund already paid of £723.20, leaving £163.83 payable to Elle”.
Continued…
Sara (Debt Camel) says
when did you accept the adjudicator decision on this?
Elle says
Hi Sara,
It was late October 2021 when the adjudicator told Freemans what he felt they should do to resolve things,.. and I awaited their reply.
The adjudicator had their reply, they agreed with his findings etc and I was asked if I was happy for Freemans to organise the redress in the way he’s mentioned.
I agreed to this on the 5th of Dec… but then I actually received the detailed breakdown of the redress and took it back to the adjudicator around the 20th of Dec, as I felt it was odd/incorrect .. He sent my query to Freemans, and they obviously replied again to him and he’s sent me their reply yesterday.
Thanks.
Sara (Debt Camel) says
So there are two problems.
First is that the adjudicator said they could charge interest on the previous credit record. It would have been better if they had decided at that point you were in difficulty so Freemans should have stopped all interest.
The second is that I suspect the way they have calculated it isn’t really fair as it amounts to all your money paying of the “extra” balance which is interest free, while they carry on charging interest and that bit doesn’t drop.
Can you go back and to your adjudicator and say you would never have accepted the decision if you had known it would be such a very small amount. Ask for the case to go to an Ombudsman.
Elle says
Hi Sara,
Excuse my ignorance but I still don’t really understand…
I’ve had two other catalogue refunds, La Redoute and JD Williams both have done as requested and refunded interest and charges from the required dates yet both had same instructions from the adjudicators.
I no longer have accounts open or debts with Freenans as I paid all 4 off in full May 2017 by borrowing more money from elsewhere so I was thinking it should be fairly straight forward/similar for all.
The reason the refunds are dated back to Dec 2013 is this is the earliest record of my accounts Freemans has (for all 4 of their catalogues) so this is/was the FOS chosen starting point for all of these refunds…
To be honest prior to 2013 they didnt really hike up the credit limit on these accounts… even though the adjudicator said they likely shouldn’t have opened these accounts from day one… but has no evidence of checks or no checks from back then to query this further.
I’m not sure what to ask the adjudicator to do or re- do…if Freemans have no older records even the Ombudsmen can’t get them to go back further can they?
Can the adjudicator request they calculate the redress differently now… or make it clearer what they should do and how? His request made sense to me.
Sara (Debt Camel) says
La Redoute and JD Williams both have done as requested and refunded interest and charges from the required dates yet both had same instructions from the adjudicators.
But did they refund all interest from that point?
Or did they do the calculation differently? Those refunds were much larger?
I suggest you go back to the adjudicator and explain why this does not seem fair and that you would not have accepted the offer if you had Known it would be so low as you had similar offers from other catalogues which were fine. Ask for it to go to an Ombudsman.
Elle says
Cont….
This is the answer I received yesterday via the adjudicator from Freemans, explaining how they have again come to their further redress calculation of £163.83.
“I can confirm the calculations have been completed in line with current guidelines.
The original refund given was a full refund of all fees and interest charged from January 2017. When calculating the redress now payable we have completed a recalculation of the interest charged where the balance exceeded the credit limit set prior to any credit limit increases from December 2013 onwards and included a refund of all default reminding fees in the same period. Following the completion of the calculations we have deducted the redress figure already paid to confirm the difference which remains payable, which were the figures we confirmed to you”.
Does any of it sound like they’ve followed the request of the adjudicator or not? If they have done everything correctly why have they worded it differently,. .and added “where balance exceeded the credit limit”. I do wish these people would type/explain in plain understandable wording…even when given the chance to explain it again.
I think what I’m asking is, does this further redress amount of £163.83 sound right for the additional previous 4 years? Have they calculated the redress the way the adjudicator requested? As I can’t understand what they have done by they way they have written it.
Thanks again ~ Elle.
Elle says
Hi Sara,
thanks for this. JD Williams refund was from 2014 also, when I opened that account. The credit debt I had with them started at £200 in 2014 and rose to £750 by May 2017. They have refunded me £555 to cover all interest and charges etc from 2014.
My La Redoute account was opened in 2004, but adjudicator said they can only refund back from 2007. My credit debt with them went from £650 in 2007 to £1220 by May 2017. They have refunded me £2700, again to cover all interest and charges etc from 2007.
So hence why I felt that redress calculations from Freemans to be a bit low. Had it been 1 or 2 catalogues I’d have assumed a further refund of £163.83 to be okay but for 4 catalogues over 4 years,.. after they had already refunded me £723.20 for just 5 months worth of interest and charges etc.
I will ask the adjudicator again that he look at how Freemans have calculated their redress and say that I don’t feel it’s correct or fair and that I wouldn’t have accepted their decision had I known how small the amount would be… along with the info about the La Redoute and JD Williams refunds as reference. Weirdly the La Redoute FOS complaint adjudicator is the same one dealing with this complaint!
If I then get no joy with the adjudicator I will request this goes to the Ombudsman.
frank says
Hi I recently applied for and opened about 6 credit cards with low limits like £300. I told them I was self employed even though I’m on benefits. But they kept increasing my limits without any checks. 3 of my credit cards now I owe about £1500 on each. 3 others have about £500 on each. I cant pay them now. Do I just not pay them, let them go to collections and say im on benefits and offer £1 a week. If it goes to court can I offer the same? Or can I make complaints against these companies for not checking if I can afford them? Even if I get interest written off I dont think I can afford to pay the rest now. Or would I be better to contact citizens advice or stepchange?
Sara (Debt Camel) says
Apart from these cards, do you have other debts? Are you behind with any bills?
What is the total amount of your debts and arrears on bills?
Are you still out of work? Any prospect of this changing?
Are you renting?
Frank says
Checking now, I owe nearly £3000 on aqua, £2000 on fluid £2000 on amazon. 500 and 350 on two capital one cards. 420 on a level card. Plus 850 on halifax overdraft. Halifax told today to refund me interest from sept 2019. I am caring for my wife and claiming benefits. House is rented.
Sara (Debt Camel) says
ok, so your income is unlikely to increase in the next year or two.
So thats £8000+ on the cards.
At the moment you don’t know what the finsl refund on the halifax card will be.
You don’t have to choose between offering a £1 a month to the debts and making an affordability complaint – you can do both.
And there is no need to stop paying and wait until they go to collections – just phone them up and say your only income is benefits and offer a £1.
So You can do that, it gets you into a safe place , and then you can make affordabilty complaints and see how much the balances are reduced to.
Your other option is not to bother with any of this hassle but go for a debt relief order – see https://debtcamel.co.uk/debt-options/dro/. If you think you will be left with balances you can’t pay, you may decide not to go through this hassle and just go for a DRO now. You could talk to National Debtline about this choice – phone 0808 808 4000.
frank says
If I paid £1 a month while putting in affordability complaints and they went to collections then court, would the court be sympathetic as I’m on benefits and accept low payments ie £1 a month with no interest?
Sara (Debt Camel) says
it is really really unlikely you will be taken to court within a year or two if you are on benefits, renting and making £1 payments. And it may never ever happen – the lenders and debt collectors know that suing you doesn’t magically produce more money. You have a debt problem that you need to deal with, but worrying about court at the moment isn’t part of it.
jimbob says
Hi. Recently spoke to you about unaffordable lending. I have been doing some calculations. Credit card balance 3.6k. Interest paid from 1st increase 2.9k. Should i be looking at them to come up with similar calculations and move it to FOS if they are way apart. And this plus 8 percent figure i see when does this come into scenario.
Sara (Debt Camel) says
I suggest you wait and see what they say. Once again you are trying to plan too far ahead! the chance of them making you a good offer is very small.
Samantha says
Hi Sara,
I made my complaint to vanquis they stated they had no reason to believe they have been irresponsible i have sent my complaint to the FOS, I have rang today as I have fell behind with my payments again they requesting a payment of £589 this month and last month’s payment I cannot financially afford to keep paying this it’s more than my mortgage a month i have already taken out a loan £250pm to clear this debt and maxed the card again, they said that I cannot go on a short term plan because I have already used this however I set the plan up paid the first month £42 as agreed then paid the whole £800 outstanding, they said the plan has been completed even after I explained and she could see that I paid one month then paid the arreas off in full so plan has not been completed and should still be available to me! I want a plan so I could minimise my payments whilst the ombudsman looks at my case the only option they gave me was to go on a long term plan, I will pay a monthly amount until the balanced is paid then the account will close and it will be on my credit file! I’m not worried about them closing account as this was the worse mistake of my life I just don’t want it on my file for years and is this the best thing to do? Will it effect my complaint with the ombudsman? I refuse to get another loan to clear it as I cannot keep having these debts! Vanquis has ruined my reputation and my financial situation! How do I get away from these!!!!
jimbob says
Just had an email from insolvency service confirming date of DRO revocation. And comment of 7k inheritance over 2k limit. Does the IS inform the creditors of these figures and does it affect affordability complaint we are in the process of.
Sara (Debt Camel) says
your affordability complaint relates to the affordability at the time the credit was given, not your ability to repay it now.
jimbob says
Good news. Sorry for thinking ahead but i was working along the lines of possible reduced balance with successful complaint. Thus clearing all debts with money to spare. Thanks for help
frank says
If I never signed any agreements with my credit cards, how would they produce a cca agreement for my accounts all opened last year or two.
Sara (Debt Camel) says
You can agree to (“sign”) a credit card agreement digitally now. There doesn’t have to be a piece of paper with what the lawyers call a “wet ink” signature on it. There is no chance that a credit card lender will not be able to produce a valid CCA agreement for an account opened that recently.
frank mcdonnell says
Thanks, just looking at all options. Dont want to be worrying too much.think a lot of credit card companies are pushing higher limits at people to make more money and not checking to see if they can afford it.
adele says
Hello Sara,
I had a standard bank account, no overdraft etc. I’ve never really had a very good credit rating so due to this only the basic of accounts were available.
Anyway I was gambling online and the next thing I knew I was nearly 3000 overdrawn. My account was then closed by the bank and I am paying them back via Stepchange. I raised a complaint with them as I feel this shouldn’t of been allowed, however they did not uphold my complaint.
Do I have a case? I got lost with my spending but usually when I don’t have enough, then it’s declined, even if it was 10p, but for some reason my deposits wasn’t being declined and caused the overdraft.
I strongly believe they are to blame.
Thanks,
Adele
Sara (Debt Camel) says
Presumably they charged you for this unauthorised overdraft? How long was it until they closed the account?
You were making deposits with gambling firms?
Also this DMP – what is your total debt in it? how large are the monthly payments you are making?
Adele says
They did charge at first, yes, but then I contacted Stepchange and they have been very helpful. They contacted the bank on my behalf and I am now paying them via Stepchange and the bank have now stopped all interest and charges.
I am just paying the overdrawn balance monthly, I think it is around £2800 at present and I just pay back £10 a month. This will take a few years but it’s comfortable for me at the moment and realistic.
The bank account was closed within a week of me going overdrawn.
I’m just amazed that it let me as I got lost with my gambling.
Thanks.
Sara (Debt Camel) says
Well you get a refund of any the interest and charges applied after the DMP started at the least.
Apart from that, you are asking for a refund not of interest, but if the capital they paid you. FOS doesn’t often agree with this – but I think you have some case here, where you were allowed to run up a huge unauthorised overdraft with no checks at all. Worth a try, but keep your hopes low so you don’t end up disappointed.
Is this the only balance in your DMP?
Adele says
Okay then, Thankyou.
I have two other loans in my DMP. The amount I pay in total to Stepchange is £27.00 a month and they spread it over the three companies – Barclays, Lantern (Mmile) and L2G.
Cheers
Sara (Debt Camel) says
have you also made an affordability complaint about L2G? What sort of debt was the Lantern debt originally? And how much do these debts all add up to?
Jay says
Hi Sara, I’ve had a provisional decision back from the financial ombudsman that they are unable to review my case because it does not fall within their timescales. The account in question is a HSBC credit card that was applied for in 2012. I have provided a very strong case, I believe, why this was irresponsible lending from HSBC. However we are stuck at the point of it being too long ago. I have used the argument of how long ago I was aware that I cause for complaint. However, they are using 2017 as a date because this is when the CCJ was applied and stating that this is the last date they would consider. This does not sync with when I became aware. Had I know in 2017, i would indeed have complained then. Anything at the time, to prevent the ccj. Is there any more I can say? I became aware of cause of complaint from this website when I was researching about another complaint. This was in 2021. They’ve given me until 7th feb to provide any more evidence. Thank you in advance.
Sara (Debt Camel) says
did HSBC increase your credit limit or were you saying the original credit limit was too large?
Jay says
I was saying they didn’t do enough checks to provide the credit in the first place. If they had checked affordability in more depth they would have discovered level of debt at the time and how I was not managing other accounts. I have copies/evidence of all accounts from this time.
Sara (Debt Camel) says
Did they later increase your credit limit?
Dave says
I am feeling down today. Yesterday between 5 and 6pm the FOS emailed me decisions for six of my cases each one rejected at Adjudicator level.
Is it worth escalating to the Ombudsman?
How long will this take?
Sara (Debt Camel) says
Tell us something about your cases and why they have been rejected.
frank mcdonnell says
Why would your complaints be rejected? Did the card companies increase your limits and not check if you can afford them?were you on benefits or a low income?
Ross says
I’m starting to become really frustrated, with the adjudicator dealing with my Newday case. After waiting several months for it to be picked up, it was (eventually) picked up in early November. After lots of going back and forth, all of the information was given to them by early December. I was hopeful of a decision before Christmas but, after contacting them, they stated that due to them being on leave, it would now be early in the New Year. I thought this was fair enough, and left it at that. After not hearing anything all of last week, I sent the adjudicator an email, on Friday afternoon. This morning, they have responded saying that as they have all of the required evidence, they ‘aim’ to give me a response by the end of next week, However, they also state that if they need further ‘evidence’ then this may delay it further? So, on the one hand they say they have all of the evidence, then they say they may not? I don’t really want to pick a fight with them, or the FOS, but this seems to be going nowhere fast? Is there anything I could/should do, to raise my opinions on how this is being handled?
Sara (Debt Camel) says
they also state that if they need further ‘evidence’ then this may delay it further?
They have been given everything they asked for. But until they do the detailed work, they can’t really know if there is anything more they need.
I know this feels frustrating, but you only sent in the complaint in June. This is not an unreasonably long time.
Mike_p says
It can seem like a slow process but they have numerous complaints to look at and deal with lenders that can drag their heels. It can feel fustrating at times but I’ve found they usually give a thorough response taking into account everything you’ve mentioned.
Ross says
Thanks Mike & Sara. I think my frustration has just got the better of me as, normally, I’d just wait for events to take their course. I think it’s because I’m sure, either way, it’ll have to go in to an ombudsman queue and that’ll be more time. I’m just going to leave it, for now, and see what happens.
N says
I had an adjudicator uphold my complaint regarding overdraft they gave them until 7th jan to reply. Today its the 10th and i still havent heard anything so the bank have had 3 weeks to reply and the adjudicator still hasnt got back to me what do i do now?
Sara (Debt Camel) says
Wait another couple of weeks. I know it’s annoying but giving the bank more time to accept will produce a faster result than putting your complaint in the queue for an Ombudsman. Which bank is this?
N says
Its santander
Mike_p says
To be fair, even if they had replied on 7th Jan there’s a good chance the adjudicator won’t yet have had time to look at it and send you the details. I’vr made numerous complaints and it’s not unusual for adjudicators to take 3 or 4 days to respond to anything.
N says
Thanks i think today is the first day adjudicator is back after Christmas. Im just being impatient lol
N says
Im still waiting. I can’t get hold of adjudicator everyone is fobbing me off im getting really annoyed now. Ive phoned and phoned and emailed with no reply
Sara (Debt Camel) says
On the 10th I suggested you wait another couple of weeks. All your phone calls and emails don’t have much effect, this is too soon. Sorry, I do understand this is frustrating.
N says
Im just wonder why they gave santander a date to reply by but i haven’t heard anything sorry to keep on its just getting me down now
Sara (Debt Camel) says
a) it was over xmas
b) Omicron means many departments have been short-staffed
c) the only other thing FOS can do is put you in the queue for an Ombudsman which would take months longer – it’s better to give them a few more weeks.
The time does not mean that they are more likely to reject the decision – it probably means no one has looked at it.
N says
I have been assigned a new case handler now as mine hasn’t returned to work. So hopefully some news soon 🙏
Colin Brown says
Sarah please help!
An ombudsman upheld my complaint against Marbles to refund interest on all balances over £300.
My balances over several years are £300, £700, £1,250 and £1750.
Prior to complaining I got my Sars from Marbles which confirmed I had paid over £1000 in interest on balances over £300.
The ombudsman also ruled they had to pay all the charges back which formed a large part of the balance.
They have not contacted me with the breakdowns on months after the deadline.
I have tried to speak to the relevant depot but they say every time they don’t take calls.
I have gone back to the ombudsman and they say they can’t help it’s not up to us to chase them despite it saying on their email if you have not heard let us know they are not willing to help.
They are sending threatening letters for the wrong amount no matter what I do I can’t get them to take the correct amount off my balance.
I even called the FSA and complained about them being unfair and they gave me a contact in marbles but when I call they won’t put me through.
They have credited an amount way under what it should be yet I can’t do anything about it.
Please can you advice what I can do?
Cheers
Col
They have only credited back a much lower amount. M
Sara (Debt Camel) says
Deep sigh. It is hard to tell if this is deliberate or they are just incompetent.
I suggest you email regulatoryenquiries@newday.co.uk and executiveandmediacomplaints@newday.co.uk. Attache the Ombudsman decision and say you have repeatedly asked for breakdowns of the amounts they have calculated as they are not corrent.
SIMON says
I don’t suppose anyone has a decent contact for JD Williams? Had an adjudicator rule in my favour the 4/11 and was due for JD Williams to make an offer by the 2/12 and still nothing. Had no response by the ombudsman yet either (lots of catching up from the holidays i assume). Just wondered if anyone had any prior experiences in contacting them as when I call they have no record of the complaint.
Jo q says
Hi Simon, I can’t be of any help. I sent a complaint in about them in May 20 and still no reply from ombudsman. Just wondering why your complaint was upheld for comparison? I had some sketchy lending from them so hoping mine is put through as unaffordable.
Thanks
simon says
My complaint was upheld for irresponsible lending with regular credit increases into the 000s of pounds. It was with the Ombudsman service for nearly 19 months before it got looked at so looks like a long wait for all complaints. I have managed to find a good contact for JD WIlliams though if anyone does need – cmt@jdwilliams.co.uk
thanks
Craig says
Just checking if anyone has had a Aqua credit card (new day) complaint upheld by the ombudsman and if so how long did it take for newday to process. Ombudsman wrote to myself on 4th January advising that theyve asked NewDay Ltd to contact myself directly to resolve things in the way the ombudsman has set out.
If I’ve not heard anything from them within four weeks to get in touch.
Ross says
I’d refer to Colin’s post, directly above. It seems you’re not alone?
Craig says
Thank you Ross. I didn’t notice Colin’s post last night. I’ll wait till the 4 weeks is up then chase if not heard.
Micky says
Hi. thanks for such a wonderful site. I am going to complain to Halifax about my £4500 overdraft which has been in place for 7years when I have been gambling excessively in this time and before. However I don’t know who to send it to. Is there an address? (Preferably email!l thanks x
Sara (Debt Camel) says
if the account is still open, use the secure messaging.
Micky says
Do you think I have a case? I’m being charged £5 a day and constantly gamble and Halifax have never done anything about it and in the past despite lots of gambling still allowed me to increase my overdraft time and time again.
Sara (Debt Camel) says
Was the gambling visible on your bank statements?
How much of the month are you in your overdraft?
Micky says
Yes extremely visible. Sometimes 30 gambling transactions a day. Sometimes less but larger amounts. It is very clearly a problem.
I am maxed out in my overdraft probably 25 days a month.
Sara (Debt Camel) says
do you want to stop gambling? See https://www.halifax.co.uk/helpcentre/help-with-gambling.html for help if you do. To be honest there isn’t much point in getting a refund if you don’t, as you will just donate it all to gambling firms within a month or two…
But yes, this sounds like a very good reason to make an affordability complaint saying they should not have increased your limit when there was extensive gambling showing on your account.
Leeanne says
Hi
I need abit of advice please.
I’m looking to put in a complaint for irresponsible lending for la Redoute. I opened an account with them September 2019 with £100 credit limit.
The limit then increased to £300 in April 2020. I was at a limit of £279 and they then increased limit to £950 in September 2020.
This is when the payment issues started as I was only over paying £20 each month then my monthly payments went up and then I started missing payments so was in arreas.
I am in a IVA with step change and took this debt whilst in the IVA. However they increased the limit beyond this.
Do I stand a chance of at least getting the interest and charges refunded?
Sara (Debt Camel) says
what is your current balance?
Leeanne says
Current balance is £1133.53
Each time I miss a payment they keep increasing the credit limit. So it’s increased to
£980 in July
£1020 in august
£1040 in September
1070 in November
£1100 in December 2021
Thanks
Sara (Debt Camel) says
are you spending on this or is it just going up because of interest and you aren’t paying?
Leeanne says
Yeah just interest and late fees. I haven’t spent on it since July 2021
Sara (Debt Camel) says
Your options are to make an affordability complaint or to phone them and ask them to freeze interest. Ignoring this is not working well!
I think you have a good reason to make an affordability complaint, but the IVA is a complicating factor as you should not have borrowed this money without asking StepChange for permission first. If you were going to get a cash refund, StepChange would be told but it seems more likely any refund will just reduce what you owe in which case it seems possible StepChange would not find out.
Jo q says
Does anyone have a complaints number for premier man? The one on their website doesn’t work.
Ta
Ljc says
Hi Sara
Can you help me with this please as I’m not sure what to say …. I complained to Tesco credit card about irresponsible lending/upping the limit and they just said too long ago and now it’s with the Fos . They have just picked up my case and the adjudicator has asked me this questions , I’m not sure how to answer . I told the adjudicator I’d claimed ppi and pay day loans in the last few years and didn’t realise until recently that I could put in a claim for them too . I have obvs seen things on here about credit cards and loans but just thought on some I just pay £1 a month so wasn’t really bothered about following up but then I realised actually they could owe me if it was proven they did lend irresponsibly . I can’t remember why I took it out but I can probably say it was just to take an advantage of transferring a balence over , paying no interest for 6 months and probably using it to live on as around that time (2005 ) I had so many credit cards/loans etc and I was robbing Peter to pay Paul
“Thank you for your email. I’d like to ask a few more questions to help me determine if this is something our service can consider:
1. When did you first become aware there was a problem?
2. When you complained about the payday loans, what did you make your situation at the time?
3. What what the Tesco Credit card taken out for? “
What do you suggest I say in my answer please ?
Sara (Debt Camel) says
you took the card out in 2005? do you remember when you got into problems with it? did Tesco increase your credit limit?
Do you have other old debts that you are paying £1 a month to? Do you know roughly what they add up to?
Ljc says
I can’t remember exactly I got into problems , I do know at the time I had around 25k of other debt plus a mortgage . Around 2011 I went into a debt management plan with debt line , about 3/4 years later I went to step change . Around 2016 left step change and just carried on paying all the companies a £1 a month . I have about 100k in outstanding debt (64k is from a mortgage when I sold/lost my property in around 2016 ish )
Sara (Debt Camel) says
Anything prior to April 2007, FOS can’t look at.
You may find it difficult to argue that you complained about the card within three years of becoming aware you could.
I seriously suggest you look at bankruptcy and get a clean start with none of this hanging around. Small reclaims are not going to make a dent in what you owe. Talk to National Debtline on 0808 808 4000
Ljc says
Ok Sara , I’ve also put in a complaint to the Halifax about a loan I had with them for 15k .I think I took out 2006 so can this not be looked at either ? (I’ve sent this one too to the Fos as Halifax said it was too long ago )
Sara (Debt Camel) says
I doubt it.
Sara (Debt Camel) says
seriously, your debts will never go away. Why not get a clean start through bankruptcy?
N says
Me again still waiting for adjudicator to get back to my email its been a week now. I have tried phoning the number they left with no answer all week. Santander was supposed to reply by 7th jan i haven’t heard anything at all since adjudicator contacted me on 21st December. What do i do just keep waiting? Im going out of my mind checking emails constantly
Sara (Debt Camel) says
I still think you should just keep waiting. I know this is annoying but at least there is no danger of Santander going under!
N says
I just hope that they agree with the decision not jeep me waiting and then say they dont agree and i have to wait for an ombudsman il be devastated.
Sara (Debt Camel) says
fingers crossed for you.
David says
Hi, I have a question, if I want to claim interest from credit card do I need to make a SAR request first to find out how many interest I paid? Or can I just claim and assume credit card company if upheld will refund correct interest?
Sara (Debt Camel) says
Just make a claim.
Was your credit limit increased?
David says
I want to claim on 3 cards, 2 of them increased limit, the 3rd card never increased but I believe shouldn’t be given in the first place
Sara (Debt Camel) says
OK, so the template above asks the lender to tell you when and by how much the limit was increased. You don’t need to know the interest and charges made before you make a claim – these things go slow enough without tacking on a SAR on the front as they very often need to go to the Ombudsman.
One thing to look out for with the cards that increased the limits – if they agree (or the ombudsman says) to refund you from the second increase (say) then you want it made clear that ALL your interest and charges after that point should be refunded, not just the ones over the previous the limit. The reason is that the lender should have seen at that point when they considered the limit increase that you were already struggling and so should have offered to help by freezing interest. This makes a very large difference to the refund you get.
David says
Thank you Sara, I will try.