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?
Jax says
Capital one defaulted my accounts after agreeing a payment arrangement. I agreed the arrangement in December 2019 and they defaulted it in February 2020. I don’t know whether this is what they always do but thought I would share my experience.
Sara (Debt Camel) says
This is common. A default can be registered when you are 3-6 months in arrears.
In many cases this benefits you – a defaulted debt drops off your credit records after 6 years. A non defaulted account showing a payment arrangement will still show for 6 years after the debt is settled, so a lot longer.
Jax says
Exactly! I’m just having this battle with Hitachi! My complaint is with the Financial Ombudsman so we’ll see what happens.
Emily56 says
What do you mean they defaulted in 2020?I have wrote an affordability complaint which they have rejected also
Jax says
It’s a negative marker on your credit report that means the lending relationship has broken down. It reduces your credit rating quite dramatically. I have a complaint that they rejected but the adjudicator has recently found in my favour. I’m hoping the default will be removed as part of the resolution to my complaint.
Mark says
Hi I have 4 accounts with the JD Williams group ( Jacamo, Simply Be , Marisota , Premier Man ) they could see my credit history and I had defaults on other accounts but my credit limit on all kept rising from £150 upon opening to around £2000 on each account
I started to struggle and they placed me on a payment plan which I stuck to however they have recently sold my accounts to Lowell’s who I have now got a payment plan in place with them
The total debt owing is £3500 across these accounts is it worth me putting in an affordability complaint and would it affect the payment plan in place with Lowell ?
Sara (Debt Camel) says
That definitely sounds worth a complaint. Just one complaint covering all 4 accounts.
It won’t affect the payment plan with lowell
Lee says
Hi Sara,
After 8 long months the adjudicator has finally picked up my Very Shop Direct complaint. They upheld it in full from date of account opening May 2015.
Originally Shop Direct upheld it from a much later credit limit increase (there were 9 in total) , but only on a proportional basis on the credit limits above the £2,500 mark. They said as at that point as all limits above that mark were buy now pay later purchases there was no redress due.
The adjudicator had recently got in touch with me to request 6 months of bank statements -3 of which were prior to me opening the account.
They stated due to all gambling, payday debt and credit report defaults at the time Shop direct should have done more checks before approving and therefore should never of given me the account. So the proportional point you mentioned I should dispute didn’t really apply in the end. Nor did they the point raised about multiple high cost items being purchased to fund my gambling addiction/ other debts.
But 100% of all interest from account opening including BNPL purchases should be refunded plus the 8% simple interest on top. With all negative info also removed from credit rating, so is a better outcome than I expected.
Shop Direct have until 21st April to get back to the adjudicator if they agree. Do you know if Shop direct normally accept or refer to the Ombudsman at this stage? As I’m praying this isn’t dragged out further.
Sara (Debt Camel) says
Good decision from your adjudicator. I think they accept some and not others – fingers crossed for you!
Chris says
I am slightly ahead of you in the process. Adjudicator found in my favour in part. Very had until the 18th of March to respond to the adjudicator. They failed to reply, so it has been referred to the Ombudsman. Who knows how long mines will drag out now!
Lee says
They have accepted the adjudicator decision. Do thankfully just got to wait now for the calculations to be done and refund.
Jo says
Just over two weeks ago, I was allocated and adjudicator, after around 8 months and my complaint was also against Very. The adjudicator upheld most of my complaint, which I think was fair and today I’ve heard that Very have accepted the adjudicator’s findings, which I have to say was very good to hear. I’m just waiting for Very to get in touch now and I do hope they won’t drag their heels.
Caroline says
Hi Sara,
Do you have an email contact for littlewoods catalogue? Just wondering if it is worth making a claim, I repeatedly had credit limit increased, often only paid minimum amount or missed payments and was charged late payment fees etc. Eventually debt was passed to Lowel. I have now paid off in full but it took many years? Is it worth making an affordability complaint?
Thanks Caroline
Sara (Debt Camel) says
That sounds like a very strong claim. If Littlewoods reject it, send it straight to the Ombudsman, don’t be fobbed off.
No email that I know of.
Ben says
Hi, I don’t suppose you have an email address for a capital one credit card complaint? I’ve searched high and low but all I can find is an address to post it to.
Sara (Debt Camel) says
try complaintsresolutionuk@capitalone.com
Aldo says
Hi, I thing to have a good case with barclays card. The debt was sold to Hoist Finance Resources and I have been paying them monthly. Do I go after Hoist or do I still contact Barclays where my account is not longer open? Thank You
Sara (Debt Camel) says
The complaint goes to Barclaycard.
If it is upheld by Barclaycard or (more likely) when you send it to the Ombudsman, then Barclaycard will sort out the defaulted account with Hoist.
Aldo says
Thank you Sara, I will contact Barclays card using your template.
Ad my account is closed I won’t be able to use the private messaging service. Do you have an email where I can address my complain?
Thank you!
Sara (Debt Camel) says
They would like you to write a letter…
but try mark.gansbuehler@barclaycard.co.uk with COMPLAINT in the title and let me know if that works.
aldo says
Thank you Sara. I will keep you updated. ❤
Gemma says
If it’s any help to anyone, I have finally tracked down a complaints email for very. I spoke to one of their advisors today who gave me this email, and I got a general response so it works.
informationrequest@very.co.uk
Sara (Debt Camel) says
if people use that for a complaint, you need to put COMPLAINT as the email subject. let me know what happens!
Subculture65 says
Great job here Sara btw.
Is there an email for affordability complaint to Aqua or do you have to just call them and complain directly ?
I managed to get an email for most of my complaints, just this particular one to do.
Sara (Debt Camel) says
use complaints@newday.co.uk
please ask any more questions about this on the credit card page https://debtcamel.co.uk/refunds-catalogue-credit-card/ , not here.
Laura says
Hi does anyone have any experience of the time frame aqua pay out on after they have directly upheld your complaint (not gone to FOS they just upheld it). On day 4 of the 5 they said and getting a bit twitchy now as I know they have messed loads of people around!
Mike-p says
I’m not sure but get hold of your statements and check that they have actually paid you what they said they would. I went through the fas and they only paid half what was agreed.
Lee says
They automatically refunded me half of what I expected. So sent it to the Ombudsman. Make sure you don’t just accept and send an email to them to confirm you haven’t accepted the offer like I did for evidence for attachment to the FOS.
I’m currently in an adjudicator queue for past 5 months after 8 months since submission to FOS Ombudsman queue,
Didn’t fully agree with the adjudicator although they agreed I should receive another £7,50ish on top of the £1300ish aqua already automatically paid. I believe I’m due around £2,300 more.
Andrew says
Hi Mike
Are youbone of the people that the fos is looking into this “we only pay proportionate interest” rubbish new day spout ? Has anyone had any joy with fos investigating after new day paybwrong amount of interest
I am currently having my ombudsman decision “reviewed” by 2 ombudsman and currently waiting for new day to sent calculations through as they are apparently unreadable by fos I am getting really frustrated
Mike_p says
Yes I am. The investigator sent me a clearly worded decision saying they think Newday should refund all interest, I agreed to that and was told that Newday did too. I had a refund on my account with no communication at all from Newday, and when I went back through my statements to check the amout I found they had only paid proportionate interest. I rasied it with the investigator who made no comment initially, but when Newday told them they only pay proportionate inteerst the investigator suddenly started saying they had made a mistake and their decision should have said proptionate interest. Newday sent my investigator their calculations which were unreadable too and it took them another two weeks to resend them.
If Newday don’t agree then fine, there are processes they can follow. It really does seem like Newday are playing the FOS and that the FOS just want to brush things under the carpet. I’ve made a DSAR to Newday asking for all communication between them and the FOS which will hopefully make things clearer as the investigator has been giving differeing accounts of what happened.
Andrew says
Thanks mike exactly same with me so no further forward at all them so frustrating makes me wonder whether we had the same ombudsman and they are still making the same mistakes
Andrew says
Hi
Has anyone that has had newday pay them proportionate interest onstead of all as instructed by the ombudsman actually got anywhere with it my case has been under review by the original ombudsman and a separate ombudsman to see if the complied with the decision for over 5 weeks now
Andrew says
Hi, did you get anywhere with this?
thanks
kaz says
I took out a simply be acc and at the time i had defaults, high interest loan, car loan and ccj. Worked part time. Have only ever paid minimum payment (or just over) and my limit has increased 2 or 3 times along with my interest from 24% to 44.9%. Worth making a claim? Never missed a payment – didnt want negative marks on credit file and have borrowed more to make the payments or skipped rent payments in past.
Sara (Debt Camel) says
yes I think this is definitely worth a complaint. Include the point about sometimes missing rent payments and borrowing more. Send it to the Ombudsman if Simply Be reject it.
making a claim doesn’t harm your credit record if you carry on making payments while it goes through.
What about your other debts – that high interest loan, who was it from? the car finance, was that also high interest?
Lc says
Hi Sara,
I’m thinking of making an affordability complaint to Jdwilliams after reading the above article. My credit limit started at £175 and its gradually increased to £2250 over the past 4 years. I’m struggling with the repayments (not missed any payments but am paying just over the minimum amount) and what I’m paying each month is just covering the interest so I am going nowhere with this debt.
I’m concerned if I do make an affordability complaint then they’ll pass the debt to a DCA. Is that something they can do? Does this sound like a good affordability complaint? Thanks
Sara (Debt Camel) says
It sounds like a good affordability complaint.
If you carry on making the minimum payments making a claim will not hurt your credit record and the debt will not be passed to a debt collector.
What are the rest of your finances like? Claim or no claim, you should not get behind with a any important bills in order to pay a catalogue.
Lc says
All my other bills are up to date. I’d always pay my priorities first most definitely. I just can’t afford to pay any more than the minimum to jdwilliams and because of the ludicrous interest the balance is not going down at all! I wish they didn’t increase my credit limit this high!
Thanks Sara I’ll definitely make the complaint!
R says
The same happened to me with JD and I made a complaint – they removed all interest and charges from my account from the time they increased the limit, my balance went down to less than half, would definitely recommend
Tim says
Hi Sara. Have Capital One had many complaints against them? I put a conplaint against them and just waiting for my D.A.R.S information. However looking at a credit report from 2 years ago and the last 12 months statements. I have withdrawn over £15000 pounds from cash machines . I was using this money to make minimum payments and paying other debts. My opening credit limit was £300 pounds they increased my limit 7 times and it now stands at £3600 pounds. With all those cash withdrawels and paying minimum payments. Do you think they should have granted me credit limit increases?
Sara (Debt Camel) says
An increasing number!
I don’t think a lender should increase your credit limit if you are making a lot of cash withdrawals. Send this case straight to the Ombudsman if Capital One rejects it, as they may well do. Don’t be fobbed off and give up.
This may take some time to go through. Are you now in a safe financial position where you don’t need to to keep borrowing or making cash withdrawals?
Tim says
Yes i am financially stable now. And i shall do so if Cap1 rejects my claim. Thanks
Jax says
Hi Tim, my situation was similar to yours. Adjudicator found in my favour and I’m waiting to hear whether Capital One agree. Good luck.
Tim says
Cheers for that. Jax. Was Capital One awkward or did they send your account details without a problem?
Jax says
I had kept everything so didn’t need to ask them for anything. But due to an error on their side they didn’t even investigate my complaint despite several emails from me chasing them. I rang them in the end and they told me they couldn’t now investigate it and that the Financial Ombudsman would do it! Been waiting for 2 weeks now to find out whether they accept the adjudicator’s view or not. I don’t know whether they normally accept or whether they reject. I’m sitting tight and hopefully will know soon!
Karen says
Can I complain about irresponsible lending if I have been made bankrupt? The credit card was with BoS. I managed to pay it off but then the card was taken over by MBNA. They contacted me to suggest I started using the card again. They kept sending me cheques to use and upping my limit without me requesting either. I was really struggling with bills and using the card to pay my mortgage. They eventually got a CCJ and charging order by default. The debt was bought by a debt purchaser which bankrupted me and forced the sale of my house. All my debts and enormous legal costs were paid off with the equity on my house.
Sara (Debt Camel) says
How long ago did all this happen?
Were all the debts in your bankruptcy paid in full?
Karen says
The CCJ and Charging order were 2009. I was bankrupted 2014. The original debt was less than £8k but I was targeted by the debt purchaser as I had no cash but lots of equity on my London house. There was a feeding frenzy on the sale of my house and literally hundreds of thousands of pounds were taken. This happened in 2019. So yes, everything was paid off, and much more besides. I have statements and letters relating to the credit card.
Sara (Debt Camel) says
I am sorry you did not get good debt advice in 2009 as at that point there may have been other options for you.
If all the debts in the bankruptcy and the high costs of the Official Receiver were cleared then in theory you may be able to make a claim and have any refunds come to you.
However there may now be little or no evidence about your financial situation so long ago. And these affordability claims only relate to events after April 2007… if you had a CCJ in 2009, I suspect the problems on the card will have preceded April 2007 in whioch case you are not likely to win a complaint.
Karen says
Thank you for that information. What is the law which allowed for irresponsible lending complaints and when did it come in to force? Fortunately I have retained all my statements etc from around that time.
Sara (Debt Camel) says
See https://www.legislation.gov.uk/ukpga/1974/39/section/140A
Section 140A came into force on 6th April 2007, updating the Consumer Credit Act 1974. It introduced the concept of an “unfair relationship” in respect of banking and credit agreements.
There has only been one court case involving these affordability complaints, Kerrigan v Elevate Credit in 2020. That can very briefly be summarised as finding that the failure by a lender to follow the FCA’s CONC rules on affordability amounts to an unfair relationship under section 140A of the CCA and that a refund of interest paid is likely to be the common redress. See my discussion of that case for more detail https://debtcamel.co.uk/kerrigan-elevate-credit-unfair-relationship/
Ernestkola says
Good evening.. l will like to findout if it possible to make irresponsible lending for PayPal credit of £4000 high limit.. at the moment am on management plan with PayPal ..because is default… am not sure if you can do it on loan and credit only.. on any template pls
Sara (Debt Camel) says
yes, just treat it like a credit card .
john says
I complained to PayPal I had a £4000 limit.
PayPal rejected the complaint and so did the adjudicator.
Now waiting an Ombudsman decision.
Sara (Debt Camel) says
had PayPal increased the limit? that is often the easiest thing to win a complaint about
john says
Yep.
I’ve then considered your credit limit increases. There were 4 increases in total as follows:
Credit limit was increased from £1,500 to £1,800 on 22 November 2016
Credit limit was increased from £1,800 to £2,300 on 17 November 2017
Credit limit was increased from £2,300 to £2,800 on 18 July 2018
Credit limit was increased from £2,800 to £3,800 on 15 February 2019
Adjudicator still said no.
Mike_p says
PayPal increased my limit 6 times while I’d only been making minimum payments, had taken out other credit cards and had been taking out loads of payday loans. The FOS investigator upheld the complaint and said they should refund all interest from the first increase, but it’s now been thee months and they haven’t responded to the decision. The investigator keeps chasing them and they just keep saying they need more time.
Sara (Debt Camel) says
Someone has suggested you use ppelce@paypal.co.uk as the email address. Put AFFORDABILITY COMPLAINT in as the title of the email. And send it straight to the ombudsman if they reject it.
Philippa says
Hi,
I made an affordability complaint to JD Williams last year. They did not uphold my complaint and I have subsequently escalated it to the financial ombudsman. I have just been notified that an adjudicator is looking into it snd he has requested bank statements, copy of my credit report and my income snd expenditure at the time of taking the accounts out (there were 4 accounts).
What was interesting was that they told me they had already spoken to JD Williams and that JD Williams had told them that I had refused to send them further details about my payday loans at the time. This is wholly incorrect and I told the ombudsman that I had sent in details regarding these and had stated that if they needed further info to contact me. Please be aware JD Williams seem quite underhand. Does anyone have any tips when dealing with the ombudsman. I have been told I need to get all my info in by 2 May.
Jo f says
I’ve just completed my dealings with the FOS last month. I wrote a detailed to complaint to jd Williams which they did not uphold so I sent it to the ombudsman. Then when a case handler picked it up, they suddenly made an offer (the same offer I made them and they turned down) I accepted the offer as it was removing details from my credit file and a full refund of interest and fees (£1300 all in) and that was all I wanted to get a mortgage sorted. They seemed much better when the case handler was dealing with them than with me. I gave the bank statements which was a nightmare as it was old statements and over 24 months of them so I had to go into the bank and fight to them printed. The credit report was no good to give in as loads of relevant details had fallen off it so I sent in copies of loan agreements and debt collection letters from the relevant time period to support my affordability claim. The more info you send in the better. Good luck!
Philippa says
Thanks for your reply..I’ve had difficulty obtaining old credit reports snd like you, quite a bit of the adverse data and defaults have fallen off but I do have copies of the payday loans which I will send. How long did it take for FOS to deal with hour case? You mentioned JD made you an offer…at what point was this?
Karen says
Thank you again. My financial problems did not start until 2008, so I will definitely get all my evidence together to make a complaint.
Louise says
Does anyone have an email for PayPal credit to make a complaint?
Mike_p says
Try ppelce@paypal.co.uk
I went round in circles on their messaging system for ages and eventually got something resembling a response. It didn’t mention that I could take the complaint to the FOS and also had some ridiculous claims like saying the credit reference agencies give them a yes or no decision on whether to lend. I sent that to the FOS who said they couldn’t investigate as it wasn’t a final response, but they made a complaint themselves to PayPal and then I got a final response from the above email address. PayPal rejected the complaint even though they had given me six limit increases at times when I had a load of payday.loans. I sent that back to the FOE again and they upheld the complaint saying PayPal should refund all interest from the first increase. That was three months ago and the investigator is still waiting for a response from PayPal. They kept asking for more time and now he has raised it in his office to try and get a response from them.
Louise says
Thank you that’s what’s happening with me on the messaging service.
Mike_p says
When they responded from that email address they said it was PayPal’s Office of Executive Escalations.
Kelly says
Hi guys was wondering if anyone knew the answer to my query. So I took an irresponsible lending claim to FOS that ended up with the ombudsman as Aqua didn’t agree with the investigator upholding my complaint. Anyways ombudsman upheld and has told aqua to refund charges, interest and fees etc from the beginning of the card.
I’m trying to work out the sum but doubting myself.
Credit limit given by aqua in the end was £5450.
The remaining balance is £2713.05.
Payments made since the account opened is £6683.90.
Now I assume cos they arent allowed to make any money off the principal lent that the sum is
£6683.90-£5450= £1233.90
What I can’t work out is if that £1233 comes off the remaining balance or if that’s wiped and the £1233 +8% a year (how many years I have no idea) comes to me 🤔. I could have the whole thing wrong the interest and charges iv paid (been interest free for last 2.5 years cos they knew they’d screwed up) is £1755.72 just incase the sum iv done is way off….
Hopefully someone in the know can shed some light with all the numbers I have provided..
Thank you for reading 😁
Sara (Debt Camel) says
The credit limit has no relevance here. You can’t work out how much you borrowed from those numbers.
Ross says
If the FOS have told Aqua to refund all interest, from when the card was first approved, then you need to ask Aqua for a SAR request, asking for all of your statements. You then need to add up all of the interest shown (as this is what you would have paid) and this should give you an idea of the amount you owed, plus the 8% (If applicable). Send your request to dpofficer@newday.co.uk but be prepared to wait around 4 weeks for them.
Kelly says
Thank you :) I already have the DSAR that’s how I got those figures…iv noticed they’ve already started reducing the balance in bits so will wait and see 😁
Andrew says
Hi, how long from the fos ruling did it take for aqua to refund you? did you get everything refunded you expected?
thanks
BT says
How long was your process in the queue to see an ombudsman after Aqua rejected the adjudicator’s assessment?
Mine has been in that queue for 8-9 months now. I sent my complaint to FOS in December 2020, it is in the queue to see an ombudsman since June 2021.
Kelly says
I took the complaint to FOS in May 2021. aqua rejected the investigators decision in Dec 2021 and was picked up by ombudsman this month.
Sara (Debt Camel) says
Does anyone have an Aqua card they are currently being charged interest on? I am curious if you have noticed whether the interest has increased this month?
Mara says
Hi Sara
I have just received an email regarding my Very/Littlewoods complaint. They are saying that SDFC is a UK based comapny and to enable any redress to be issued to me, they need an address in the UK to issue the cheque and send me correspondence
Meaning unless I provide them UK address -they won’t do anything further I guess
Any idea what can I do/respond to them in this case? I do still have the bank account with my old UK address, but I don’t live them anymore for a while now
Thank you in advance
Sara (Debt Camel) says
so you have a UK bank account you can use? Would you be happy for the money to be paid in there?
Mara says
Hi Sara
Yes. Absolutely. The only problem is that they want to send the cheque rather than make a transfer (if they do any)
They also want to send the correspondence to the UK address, which I don’t have. Is there an argument that I can propose so they would , for example, send the correspondence to my EU address or by email, send the redress there as well and make a transfer to my UK account. I am not sure how can I argue that. Have you had any experiences with those kind of situations?
Thank you
Sara (Debt Camel) says
What email address did this come from?
I suggest you reply that they are not treating you fairly by trying to impose these restrictions on you and you will be sending your complaint to the ombudsman if they will not let the complaint be handled by email and pay you by bank transfer.
Mara says
This email came directly from the Complaints Handler of the Very Group.
Perfect. I’ll do that and see what they say.
Thank you kindly
Sara (Debt Camel) says
ok could you give that email address please?
Mara says
Another point that I can possibly make that is relevant- HMRC has sent me directly the cheque last summer and letters to my EU address- they didn’t have any problems with that. Should I mention that?
Sara (Debt Camel) says
yes, why not?
Sara (Debt Camel) says
you can also point out that DISP 1.3.2 says that procedures should allow complaints to be made by any reasonable means.
Mara says
The email address is karen.warbrick@theverygroup.com
Sara (Debt Camel) says
thank you
Jackie says
Hi
Im wondering if you can help me please. I have 2 x Capital One accounts, Vanquis and Very. All of these have been sold to Lowell. The Vanquis is for over £3000 and will become statued barred in October. The others are 3-4 years old. I dont make payments. The balances are around £1000, £600 to Capital One and £1500 to Very. My credit score and financial situation has been dire for years. I was once in a DMP. I have had mortgage arrears for years too and frequently used payday loans. I have no income other than child tax credits and child benefit. My husband is self employed.
Do I have a case? What is my best approach? Other than the odd email/letter nobody bothers me from Lowell. I dont want to create a problem for myself either.
Also overdraft of £2800 permanently maxed out and the daily interest isnt helping. If I complain will they withdraw the facility as I cant afford to pay that back just now.
Thanks for any help.
Sara (Debt Camel) says
Can you give some more details about each of these 3 accounts. They may all be unaffordable now, but what matters is whether the limits were unaffordable when they were given.
Were these the original limits the lender gave you? or did they increase the limit? If they increased the limit, was this when you were only making minimum payments? Did you have mortgage arrears at the time these accounts were opened or by the time they increased your credit limit?
Your overdraft – if your only income going into this account is child tax credits and child benefit, you must be in this constantly, never ever getting back “out of the red” at any point during the month? How long has this been going on for?
The old payday loans – who were the lenders and how long ago was this?
Jackie says
Thanks for your reply Sara.
Vanquis started with a very low limit like £200 or £500 as did the other 2. I only ever made minimum payments on all 3 but yes limits increased. As I say Lowell own all 3 now and other than the odd letter/email they dont bother me. Yes I was in mortgage arrears back then too and council tax.
The overdraft situation at least 10 years.
Payday loans were with Payday UK, Payday Express and Money Shop. I managed to claim back charges and interest via Ombudsman for 2 of them but the other was just the token payment last year when they totally collapsed.
Sara (Debt Camel) says
cards & catalogues – definitely make complaints. Mortgage arrears will have shown on your credit report and should have been a danger signal that you limit should not be increased. Mention the mortgage arrears in the complaints. Also say Capital One should not have given you a second account.
Overdraft – see https://debtcamel.co.uk/get-refund-overdraft/ and make a complaint to your bank. It’s unlijkely they will just remive the overdraft but in any case it might be a good idea for you to move to a new bank with no overdraft and start afresh, just seeing the overdraft as an old debt to be paid off. Monzo and Starling are good current account with apps that help you budget.
It’s too late to make complaints about Payday UK, Payday Express and Money Shop I am afraid.
Expect the banks and card/catalgue lenders to reject these complaints and send them straight to the Ombudsman.
Lou7 says
Hi
I had a complaint rejected by Vanquis. They said £1000 is a low credit limit and they did all the right checks. Is it worth taking it to the fos? Any info would be appreciated.
Sara (Debt Camel) says
this was the starting credit limit they gave you?
what was your financial situation like at that point?
Lou7 says
Credit limit was £1000 had dmp, overdraft, credit cards with Barclays and Tesco, catalogues, amigo and was borrowing off a partner. Never really paid more than the minimum amount and then used it again
Sara (Debt Camel) says
I think that is worth sending to the Ombudsman. Attach a copy of your current credit record.
Lou7 says
Will do. Thanks Sara
Jax says
Capital one have agreed with the adjudicator regarding my complaint. I now just have to wait for Capital One to get in touch. Has anyone got any experience of how long they normally take please?
Jo f says
Anyone who had negative credit info/defaults removed by jd Williams or Cabot, how long did it take for them
To come off your credit file? Been 28 days for me now and still there.
LW says
Nearly a year after submitting my complaint to JD Williams and a rejection then submitting to the ombudsman it was picked up by an adjudicator on the 14th April. Received this from them today! I’ve asked for clarification as to whether they’ll be refunding ALL interest and charges from September 2019 or will this be calculated differently. Does anyone have any experience of this?
Your complaint about J D Williams & Company Limited
Further to my previous contact, I’m getting back in touch to let you know that J D Williams & Company Limited have made an offer to resolve your complaint.
What J D Williams & Company Limited have offered to do
The business told us the following:
Having reviewed the case, I believe we should not have increased the credit limit on 06 August 2019 due to internal missed payments before and after the increase. Therefore, I will be partially upholding the complaint and will remove all interest and administration charges applied from the point in which Mrs ** used the credit available; 03 September 2019.
I note that the increase to the credit limit referenced in the above statement was when it was increased from £900 to £1,250. So, this seems to be an answer to the crux of your initial complaint to the business, in which you said: I believe you acted irresponsibly by increasing my credit limit in September 2019. My limit was increased from £900 to £1250.
Sara (Debt Camel) says
I suggest you go back and say that you think JDW should have realised in September 2019 that you were in financial trouble and that you think at that point that should have offered forbearance. So you would like all interest and charges refunded from that point and you would like to clarify if this is what is being offered.
LW says
They’ve come back with the following:
Our calculations will run from the date stated by my colleague. So, this will mean all interest and charges refunded from 3 September 2019 to date. The calculation will then be used to offset against the remaining balance and if the account clears after adjustments made, 8% interest will apply, and the customer’s credit file will be updated to amend any adverse information accordingly from 3 September 2019 onwards.
Sara (Debt Camel) says
ok then that is a “full offer” from that point. That’s good.
the only thing to be careful of is that they calculate it sorrectly! Do you have your statements going back to that date!
LW says
I do yes so I’ll have a look and do calculations, thank you!
k says
Do you have an email address for vanquis complaints please x
Sara (Debt Camel) says
try customer.relations@vanquisbank.co.uk and put complaint as the title of the email.
Dean says
Hi, do you have an email address to complain to Barclaycard?
Sara (Debt Camel) says
do you have an account with them at the moment?
Dean says
No I don’t any more.
Sara (Debt Camel) says
well you can try mark.gansbuehler@barclaycard.co.uk – put Complaint as the title of the email.
X says
Dear Sara,
I need advice. FOS Adjudicator did not upheld my case and said that I can appeal within 2 weeks of their decision so it can be reviewed again or send to ombudsman. I responded to that email with my appeal but I have not heard anything back since 2 weeks now. Not even confirmation of reviewing the decision. Just silence. What can I do next?
Sara (Debt Camel) says
Well you can ask for confirmation that your case is now in a queue for an Ombudsman if you are worried.
AL says
Hi Sara, the adjudicator has upheld my complaint against barclaycard and stated the card should have never been issued and all charges amd interest to be refunded from the initial opening of account. Do barclaycard usually agree with adjudicator and pay out or could I expect them to drag this out? Thanks
Sara (Debt Camel) says
They don’t routinely reject adjudicator decisions. let us know what happens in your case!
AL says
I will thank you, Sara. It will be quite a hefty refund all going well.
Billy says
Hi Sara, a few years back I had a Barclays credit card and paid of a 6k balance and then called up to cancel the card but the person on the phone persuaded me to keep the card open and of course I then ran up the debt again which led to financial difficulties and resulted in me using step change who were brilliant by the way my Barclays dept then ended up being sold to someone else to collect. Do you think I would have a good reason to complain to Barclays for irresponsible lending ? And where would I start ? Thanks
Sara (Debt Camel) says
where did the money come from to settle the balance?
did you tell the person on the phone that you couldn’t afford the payments or make any other points which suggested they should not have allowed you to carry on with that credit limit?
Emily says
Hello,
I’ve just had an adjudicator rule the same in my case with Barclaycard. Please keep us updated!
AL says
Hi Emily, so far I’m still waiting for Barclaycard to respond to my adjudicator. Have you had a response yet?
Mark says
Hi I think I have a case with this my credit rating was extended time and time again recklessly by Barclay card I called them to ask for a loan to settle it trying to be proactive and was refused they sent me a letter a few years back in the pandemic that they are sorry and admit irresponsible leading to me after they have been audited the balance has now been transferred over to Hoist Finance now: do I have a case?
Sara (Debt Camel) says
this letter – did it offer any refund?
Mark says
No it was an apology I then received a small compensation letter a few months after which was for a £2 amount which was taken off the balance Barclays seem to have been investigated for irresponsible leading and bad practices in the past and I’m wondering if I’m one of the victims of this now from reading this feed?
Sara (Debt Camel) says
So read the article above and send in a complaint if you think your limit was increased much too high.
Mark McElroy says
Thank you for the advice I will follow it
emily56 says
Hi, I have recently complained to Argos, Capital One and Vanquis.
Argos has not yet responded but both Capital One and Vanquis have rejected. I was wondering if it would be worth taking to the Financial Ombustman, please.
I opened both Capital One and Vanquis accounts in February 2021. In the January I had a £310 and £150 loan from lending stream. And in December, a £150 from cash ASAP, a £100 lending stream. I was also living in my overdraft.
I missed payments with Capital on July 21, December 21 and February 22. and missed with Vanquis: on June 21, July 21, October 21, December 21, January 22 and February 22.
The reason for missed payments was because i had taken out payday loans to pay off these credit cards and was unable to due to interest.
I’m not so bothered about a refund but id like to get marks removed from credit file if possible.
Thank you
Sara (Debt Camel) says
how large were the credit limits from Capital One and Vanquis?
Were you in your overdraft literally every day of the month at this time, not getting out of the overdraft even when you were paid?
Emily56 says
£250 and £200.
And yes I’ve been in the over draft for about 2 years and when these were issued. And my wages would take me out a little bit, about £100 each month but then be straight back in it once paid bills
Does my over draft count when trying to dispute missed payments ? Would it be worth sending screenshots?
Sara (Debt Camel) says
Those were small. You can point out you took out payday loans in both of the previous months and were in your overdraft the whole time – this is worth a try at the Ombudsman but it may not be easy.
You could also try making a complaint about your overdraft, see https://debtcamel.co.uk/get-refund-overdraft/
Emily56 says
I have emailed them to ask if they can removed marks due to me being in financial difficulty at the time. I know this is a long shot but have you ever heard of them removing marks due to this?
Sara (Debt Camel) says
Not unless there was another good reason. The whole point of credit records is to show when someone was in financial difficulty.
Jax says
Hi, I have asked a few times about experiences with capital one and would be grateful to hear about how others have found them. My complaint was upheld by an adjudicator at FOS and capital one have agreed with their findings. I would like to understand timescales for capital one to confirm redress calculations, how they communicate this and how long it takes for them to payout. I have a payment due to them at the beginning of May and I’m wondering whether I should make the payment or not. Any advice would be appreciated.
Louise says
Hello Sarah, do you have who you should complain to if you want to do an irresponsible lending claim against very please?
Sara (Debt Camel) says
Try informationrequest@very.co.uk and put COMPLAINT as the subject.
Amy says
Hi
What email did you use to complain about aqua
Sara (Debt Camel) says
Use complaints@newday.co.uk
Sara T says
Hi ive sent complaints to Vanquis and Aqua as increased credit limits and used payday loans to pay minimum payments its been 4 weeks so had the letter saying still investigating, just wondered if its a long wait time for everyone or if some refunds are before passing to ombudsman?
Sara (Debt Camel) says
If you can’t make the minimum payments you need to ask for a payment arrangement and for interest to be frozen, not take out payday loans to pay these debts.
Not many of these complaints are settled directly with the lender – either the lender rejects them or makes a very low offer. You should assume your case will have to go to the ombudsman and get yourself into a safe financial place so you can wait a long while.
Sara says
Thank you sorry these are old debts that were settled, however just rang aqua and they have upheld part of the claim but letter is stuck in the post, thank you so much for your amazing help Sara xx
Sara (Debt Camel) says
oh good, sorry I misread what you wrote as saying you had just taken out payday loans
If Aqua “have upheld part of the claim” this may be a good offer or a very poor one… when you get the letter, come back here and say exactly what they are offering?
Sara says
Thank you, its less than I expected and obviously wouldnt have if it wasnt for you, I may have shot myself in the foot as I said I expected more and gave my bank details for them to pay it 🤦♀️ Sorry
Sara (Debt Camel) says
phone them up straight away and say you want to be clear it is less than you expected and you aren’t accepting it until you have seen the letter.
Sara T says
Hi so finally have my letter, they have stated refunding interest on my limit increase in July 2015 as I went over the limit and had arrears, however they say because I accepted the limit increase within 40 days rather than opting out for increases in dec 2015, then sept 2020, Jan 2021 and finally May 2021 before settling the account, so because there were no arrears or defaults or payday loans they feel its responsible so to go to ombudsman if still un happy? To be fair the main payday loans were up to 2018 so the Dec 2015 is prob the last increase that should be counted as no payday loans for the increased limits Sept 2020, Jan 2021 and May 2021.
Sara (Debt Camel) says
Were you only making min8mum payments to Aqua over this period? Were otherdebts going up apart from payday loans?
PW says
Hey Camels!
After successfully applying for a 5-figure refund from Lending stream using this website’s template, I’m fired up, ready for more.
I have a default on my account from Very. They put my credit limit up from £1000 to £3000 without asking.
I’m not interested in the refund, I want the default off my account. This template looks useful but I cannot find an email address to send it to.
Any advice on whether I need to write to them by post or shall I call the number?
Thanks
Jo says
I sent my affordability complaint to very using Triage1@theverygroup.com
They initially did not find in my favour and so took it to the FOS. After waiting around 9 months my complaint was allocated to an adjudicator and within 2 weeks Very accepted their findings. They have 4 weeks to contact me and arrange a settlement figure and I’m just coming to the end of week2, but have heard nothing yet.
Las says
Hi, did the adjudicator only take 2 weeks to look at your complaint and make a decision?, I was the same with very and have been allocated a adjudicator but that was over 8 weeks ago and I still not had a reply
Jo says
Actually from it being allocated to an adjudicator on the Tuesday, by the Friday the same week she had concluded her findings. Very accepted the findings a week later. I had all the info needed, close at hand so could send that over straight away, and I think this prevented any delays.
I guess though that each case is different and have differing complexities, at least that’s what I’m guessing
Jax says
Hi Las, I’m in the same position as you. I emailed the adjudicator and received this response.
“With the circumstances in your complaint we are currently having all of our opinions checked first before we send them out – this is in the process of being done but there are large volumes of opinions being checked”.
I have no idea what that means but maybe your complaint is also going through this checking process? I sent all of the information to my adjudicator on the same day as they requested it when my complaint was allocated.
Have you contacted your adjudicator to ask for an update?
Tim says
Hi Sara. Had my complaint upheld against Vanquis credot card by the ombusman. From the first credit limit increase. They have to refund all inyerest and charges from that point. Does that mean that i will receive the interest back from £500 pounds upwards and Vanquis can keep the interest for the first credit limit when i got the card?. Card limit £500 at the start. Raised to £1000. So if the balance was upto the limit i would get half the interest refunded for that month? Am i correct?. Also will i get my cash withdrawels charges back? ie. £3 pounds back for every £100 pounds cash withdrawel
Sara (Debt Camel) says
Had my complaint upheld against Vanquis credit card by the ombusman.
Is this from an adjudicator/investigator?
or from the second-level Ombudsman?
Tim says
The adjudicator. Vanquis accepted this . So waiting for my redress. But not sure how they work it out I must say it was very quick. Over 6 years and outside the 3 year rule. Adjudicator gave Vanquis til the 23rd April to agree to let F.O.S. look at my claim. They said they could and made me this offer the same day.
Sara (Debt Camel) says
“They have to refund all interest and charges from that point. Does that mean that i will receive the interest back from £500 pounds upwards and Vanquis can keep the interest for the first credit limit when i got the card?.”
Can you copy out the exact words that were used?
Tim says
Vanquis are proposing to refund interest and charges on any balance above £500 pounds after April 2013. If there is a positive balance the amount in question should be given back to me with 8% simple interest……… As the card is paid off all that interest and charges should be paid back to me
Sara (Debt Camel) says
ok that is NOT a full refund from that date.
“They have to refund all inyerest and charges from that point. “
no they don’t, only the one ones relating to the balance being over £500.
You won’t get half the interest back unless your card was constantly maxed out at £1000.
“Also will i get my cash withdrawals charges back? ie. £3 pounds back for every £100 pounds cash withdrawel”
I dodn’t know. I think you should ask your adjudicator this and say you feel these shopuld be refundedtoo.
Kels says
Several years ago I applied for a Halifax credit card. My initial limit was £2000, I quickly got myself into debt and was only able to pay the interest, they eventually increased my limit to £10k, although I didn’t hit the limit I did strike up a debt. I defaulted and went to DMP, I paid some of it then lost my job, so everything defaulted. About 3 years ago I was able to claim PPI against Halifax for the credit card, my question is can I complain because they had continued to increase my limit?
Sara (Debt Camel) says
Yes probably. how long ago was the account opened?
what is your current financial situation?
Kels says
I applied for PPI in 2017, I think the credit card was issued 2005 approximately.
I’m working full time and have £18.12 after everything is paid each month
Sara (Debt Camel) says
you can’t gop back before April 2007. And there is often not much evidence about very old claims. I’m not saying this is impossible, it’s worth trying, but keep yur expecations low is my syggestion. Halifax will reject and it will have to go to the Ombudsman.
“I’m working full time and have £18.12 after everything is paid each month”
Is that allowing for food, transport, clothes etc?
Kels says
I pay for travel through my job, food is not included in my outgoings
Sara (Debt Camel) says
well £18 isnt enough for food, let alone clothes, prescriptions, etc
Craig says
In January of this year I had my complaint against Newday (for Aqua card) upheld by the FOS. I was advised that all record of lending would be removed from my credit file. The debt was sold to a debt collector Cabot and the default was showing on my credit file. I contacted Cabot and they advised that Newday have not been in contact with them regarding this and they have asked for a copy of the letter from FOS! Has anyone else experienced similar issues with Newday?
Ross says
Newday are useless (just look further up the thread, to see just how useless/awkward they really are). I would suggest you go back to your adjudicator and explain what has happened or, more importantly, what hasn’t happened.
Craig says
Thanks Ross – yes i have went back to the FOS advising who frustrating this is. Almost 5 months since the complaint was upheld and the default is still sitting on my credit file. I am trying to apply for a mortgage but whilst this is still on my file its proving rather difficult.
Ross says
In that case, raise a new complaint (with Newday) and ask for it to be removed, and compensation, or it goes to the FOS. I know, in the short term, this may not help but it may help them speed up if they know the FOS will be involved, again?
Rachel says
Hi Sara,
Do you have an email address for Vanquis complaints?
Thanks
Tony says
Hello I put a complaint in to JD Williams over a jacamo account that they kept increasing the credit limit on but they have refused to investigate it as it was over 6 years ago, is it Worth pursuing?
Sara (Debt Camel) says
how old was it?
Tony says
I opened the account in 2008 and had it for about 5 year
Sara (Debt Camel) says
Do you have any evidence about your finances at that time? Bank statements, credit records. letters etc?
Tony says
I haven’t got anything on paper but I ended up in a debt management plan which the jacamo account was part of
Simon says
Hi, not sure if this is the right place but would anyone have the correct email address for Marbles credit card and Barclaycard?
Sara (Debt Camel) says
Marbles – use complaints@newday.co.uk
Barclaycard – use a secure message in the app if you still have an account.
Simon says
Unfortunately I don’t have an account with them anymore, it was sold to debt collection
Sara (Debt Camel) says
Then try mark.gansbuehler@barclaycard.co.uk – let me know if that email works.
Lee says
Hi,
Just wondered how long Very Shop Direct normally take when they agree and accept the adjudicator findings to calculate and pay the redress?
I won my case in full after orginally complaining 11 months ago to shop Direct. Been with the FOS 8 months before picked up by an adjudicator.
Shop Direct have finally accepted the adjudicator outcome they never should have given my a very account in the first place. All interest including bnpl interest to be refunded back to me from account opening date May 2015 to present, plus 8% on top as balance is now nil.
Originally they tried to uphold but on a proportional basis on any balances above £2,500 at the time. As they stated all the balances above this amount were bnpl they said they had upheld this way but no redress amount was due. So this outcome is the best possible outcome for me. Just wondering how long I need to wait for my redress to be calculated and then paid to me.
Jo says
Hi sara
Who is the lender samedaycash.co.uk. thx
Sara (Debt Camel) says
is this an old payday lender? not one I have heard of. Could they have gone out of business in 2015 or before?
LadyA says
Hi Sara,
I have an ex from a few years ago, which resulted in court through domestic violence. He used my credit cards – Vanquis and Barclay Card and unfortunately they will not offer any support and expecting me to pay the amounts back when he had the cards and used and maxed them out.
Can you please advise me?
Sara (Debt Camel) says
I suggest you talk to your local Citizens Advice and they can help you talk to Barclays and Vanquis about this.
LadyA says
I had a company called Mental Health and Monday advice who spoke to them on my behalf and the companies didn’t want to know.
Do I state to Citizens Advice what has happened and ask them for support?
Sara (Debt Camel) says
Yes I think this is worth trying.
Gary says
Hi Sara, firstly thanks for all the info and patience you showed with the QQ matter. I’ve got my refund now.
In relation to a complaint about unaffordable lending, I’ve just received a final jurisdiction decision from Vanquis rejecting this on 6 & 3 years.
I made it very clear that I only found out about this potentially being unaffordable from the info on your website that I’ve viewed this year. Despite this, they have responded with this:
“Our records show, due to arrears on your account, you were issued with an Immediate Action Required letter on 25 May 2012. As this took place more than three years ago, I consider it to have provided reasonable awareness for you to complain at the time, in respect of our lending decisions”.
Now should I challenge this directly with them to reiterate my response on the three year part, take this to FOS now or do you think I don’t have strong grounds to proceed? I’d really appreciate your thoughts on this.
Sara (Debt Camel) says
send this straight to the Ombudsman. Vanquis are hoping you will give up and they won’t reconsider.
Gary says
Thanks Sara, I’ve just submitted this now.
Andy says
Hi Sara,
Do you have a complaints email address for HSBC?
Thanks
Mara says
Hi Sara
I just got an email from Very Complaint handler. She said that if I send her bank details- they will send me the refund right away.
I am a bit confused. She didn’t say how much is that or any other information was given. I have paid a lot to Littlewoods and Very over the years so if I send them details and refund is small , will I be able to do something about it?
Or do I have a right to ask what is refund and ask them to send some calculations? I know that usually they just send you cheque and that’s it
I would obviously prefer not to take it to FOS as it might take up to a year
Looking forward to hearing from you
Sara (Debt Camel) says
Have they said what they will refund eg all interest from X date? or just that they will give you some refund?
Mara says
They said a refund no redress amount whatsoever. No paperwork, no calculations- just asked for account number
Sara (Debt Camel) says
do you have a current balance? how large?
Mara says
Both my accounts are closed. LW in 2012 and Very 2021
Sara (Debt Camel) says
ok then you need to go back and ask them to say what they are refunding and also give you a refund amount otherwise you can’t consider their offer.
Mara says
Great. Thank you so much, Sara. I have wrote her back- see what she says
Mara says
Hi Sara,
They sent me a response from Very. £667 for both accounts. They send the breakdown only after I accept the offer. This seems extremely low considering the fact that accounts were opened for years with defaults, payday loans etc. Should I just send it to FOS? Not really sure what to do at this point.
Thank you
Sara (Debt Camel) says
have they never explained what they are refunding? Have you asked them?
Mara says
Hi Sara,
That’s their answer:
Thank you for your recent e mail the redress to be sent is £667.57, a full breakdown will be issued with your final response letter.
I look forward to hearing from you with the details requested
I have asked them yesterday about breakdown and specifying what the refund is for like you have told me , but they haven’t send anything
Sara (Debt Camel) says
Then I suggest you tell them that unless they reply to you explaining this by Wednesday 4th, you will be sending your complaint to the Finacial Ombudsman
Matt says
I had very, jacamo, high and mighty, premierman all with limits upwards of 6k each very close to 10k
Also had two capital one cards and 2 new day cards and 2 Amex cards and a draft loan total debt was over £35k
Unfortunately I got so behind the only way out was an IVA because I kept borrowing more to pay these but i have now settled the IVA early and have been straight for over a year now
Can I still claim for these ? Even though I went through an IVA
Sara (Debt Camel) says
Yes. But any refund will first be used to repay the money written off in your IVA. And any cash refund above that may be claimed by your IVA firm – who was this?
Matt says
My IVA firm was credit fix, most of the debts were already with Lowell if that makes a difference and I was in my IVA for 3 years then my partner helped me make a final offer which was accepted as a full and final payment
That was just over a year ago
Sara (Debt Camel) says
Lowell doesn’t make a difference – your complaint goes to the original lender.
I think Creditfix will claim any money you get as a refund. So if you do this, keep your expectations very low.
Matt says
Thank you, might not be worth doing then if creditfix will get anything I get back
But thank you for the advice
Matt says
I’m guessing any refund I would have to tell creditfix about even though I got my IVA completion certificate nearly two years ago ?
Sara (Debt Camel) says
You should… But often the lender will tell the IVA firm anyway.
Sara T says
Hi Im forwarding my complaint to Aqua to the ombudsman as they have only agreed a refund to part of my complaint, do I send the letter I sent to aqua or a fresh letter including all info please?
Sara (Debt Camel) says
I suggest you send a fresh one if there is more info. Also say why you think the Aqua offer was not enough or wrong in some parts.
What was the offer?
Sara T says
Hi, I worked out interest was about £18000 they offered a third so to be honest Im grateful for that and how easy it was but I know you’ve said they offen make low offers hoping to put you off?
Sara (Debt Camel) says
oh £6,000 is quite a large amount!
Can you say what they upheld?
Sara T says
Exactly!! 🤣 they upheld a july increase but not the 4 after that. I certainly dont want to be greedy especially after the QQ pay out but you can get an idea how rubbish i was with money in the past 😢 but I’d of known nothing if it wasnt for you 😘xx
Paul says
Hi,
The Ombudsman has upheld my complaint against Newday. I was wondering how long do Newday have to act by to resolve the complaint.
Thanks
P.
Andrew says
Hi be careful with newdays calculations when the ombudsman state you receive all interest back they will pay you proportionate interest there’s a few of us in dispute with them over there interpretation of decisions
Mike_p says
They did that to me. The investigaor told me Newday had agreed with their decision which clearly stated all interest, I got a refund with no notification from Newday and when I checked it against my statements I discovered they had only paid proprtionate interest.
Andrew says
Few of us Mike I believe we have spoke before has yours been resolved? I have 2 ombudsman reviewing whether they have complied they have been waiting nearly a month for new day to send them the calculations then when they do they are in the wrong format to be opened by fos whole things a shambles seems to me the tail is wagging the dog and fos seem pretty toothless
Mike_p says
No not yet. I sent a strongly worded email to my investigator saying I had agreed to a clearly worded decision and that Newday hadn’t complied with the decision. Their response just brushed it off as a mistake saying they should have asked them to pay propertionate interest and that it’s now in the queue for an Ombudsman. They are still saying that it’s me not agreeing with their decision instead of Newday not compying with what I agreed to.
My investigator couldn’t open the calculations Newday sent them either – they seem to keep making the same “mistakes”
Paul says
Hi,
Thanks for the replies on Newday. I have my statements so will be interesting what they offer.
If their calculations are wrong reading what’s said before it’s back to the Ombudsman.
P.
andrew says
Hi, did aqua refund you as expected ? ive just won a case against them.
thanks
Rachel says
Hi!
I sent a complaint to Vanquis on the 22nd of April and have not received anything to say they have received it … or a response!
How long does this usually take?
Thanks
Sara T says
I emailed them and got a response email a couple of days later then Ive had one 4 weeks later saying still investigating.
Rachel says
Okay perfect thanks! I’ve forwarded my email to them again asking someone to acknowledge it 😀
Jo says
Hi sara
Could i be able to complaint against cash generator for buy back loans. I had several buy back loans with multiple extenstion as I dont want to loose my valuable items. They charged £30 for £100, each time to extend my loan until I buy back with principle amount. I rolled over several times.
Sara (Debt Camel) says
the affordability complaints don’t apply to pawn broking.
Jax says
Hi, I have received confirmation of the redress amount due to me from capital one. The adjudicator stated that they should refund all interest and charges since the account was opened in 2016. I think the offer is low. Interest totalling 1380.8, fees of 246.6 and 8% interest at 98. That 8% looks really low to me. I have calculated the interest at about 2200. There was a balance owing of around 300 which has been taken off. Does the 8%look right please?
Sara (Debt Camel) says
no that doesn’t sound right. But you need to get the interest refund sorted first, you can’t talk sensibly about the 8% until that is right.
Ask Capital One for a breakdown of how they have calculated both the interest refund and the 8 % as you don’t think either is right.
Jax says
Thanks Sara, I have asked them. I’ll update here once I know more.
Richard says
Hi Sara can I have a little advice please so while waiting for quickquid to sort there stuff out I sent a complaint to newday for my marbles card and this is what I received in the post today, My decision and what it means for you, in light of the investigation I have carried out, I am satisfied that we provided you with the account and credit limit correctly. Therefore I will not be upholding your complaint. However as a goodwill gesture, I have refunded late payment fees totalling £96 and interest totalling £386.11. regarding your request for 8% simple interest to be added and refunded, this is not applicable in this scenario as your account is now settled and closed please contact us with your bank details, and we can send this refund to you. So my question is if there not upholding but offering money is that there way of saying we was in the wrong but not gonna admit it, so if I send my payment details with it being a gesture of goodwill can I still send it to the fos or not? Thankyou.
Sara (Debt Camel) says
No, you can’t accept this offer and also send it to the Ombudsman.
So how good was your complaint – did they increase your credit limit? how much?
Richard says
My complaint was pretty bob standard if am honest, I got the card when I was in the cycle of quite a few payday loans and the limit was only £300 but maxed it out straight away and only paid small chunks back in every so often after getting late payment charges this went on for a few years until I went into a dmp then my account was sold to a debt company which I eventually paid off. At the time I was only on a part time income with unsecured debt of £2100 but there saying in this letter that I had no defaults no accounts in arrears and no payday loans which I clearly had. however my limit wasn’t increased due to it always being maxed out with hardly any payments going in. So am thinking just to accept because nearly £500 coming to me is better in my pocket than there’s! So the case probably isn’t strong seen as I didn’t have credit limit increases just annoying that they say I didn’t have any defaults or accounts in arrears when they would of been able to see that I had they could of just closed my account to pay the balance off instead of adding more interest and then selling my account on.
Sara (Debt Camel) says
if you think this is a fair offer then it’s good to have it quickly sorted.