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?
Tim says
Hi Sara. This is a off the cuff comment. I like a lot of people on this site are very greatful for the work you do. But reading all the posts from the people wanting to claim money back for unaffordable lending. There seems to be one common problem and that is problem gambling. Are these gambling sites not regulated. These bookmakers are just as responsable as the loan companies. They should also be held to account. Can you not complain to them?
Sara (Debt Camel) says
Not so far as I know. There is no legal obligation for bookies to assess if you can afford the gambling. It would be nice if there were.
Andy says
After the QQ payout, I am taking up your advice of making an affordability complaint against Virgin Money for the limit they gave me on my Credit card. The problem is I have minimal records from that time so its difficult to pin down any detail, even to the month/ year as I had the card for several years before entering a DMP in 2015. If I contact Virgin for old statements do they have to provide them to me, or do I just submit a vague complaint. The one thing I do still have is the account number.
I did have accounts with Barclays that were worse but have already received unrequested payouts for affordability issues from them, all be I wonder if I got a true amount now, however I suspect as I received a payout I’ve lost the right to further review.
Thanks in advance for any help.
Sara (Debt Camel) says
I would send Virgin a vague complaint and at the same time a request for a copy of all your information. To do this, email DSARCCA.Queries@cybg.com with Subject Access Request as the subject and ask for a copy of thep personal information they hold about you – give name, date of birth, addrerss and account number.
Barclays – you can still make complaints. You weren’t offered the refund on the condition you didn’t make a complaint. If you were paid say £180, then £180 would be deducted from any refund calculated – which is fair enough.
Andy says
Thanks for your help as always Sara, a bit of a delay due to life getting in the way but I have now emailed the above address making a vague complaint regarding affordability and requesting all the records they have. Out of interest, who should I point requests regarding Barclays/ Barclaycard to? Can it go to one single address or do I need to address them both separately? Is there an easy email address to jump on that covers Banking (overdraft and loan) and the credit card complaints. Thanks again.
Sara (Debt Camel) says
Banks don’t make it easy to complain by email. Do you have an open account with them? If you do, use secure messaging through the app.
Andy says
Oh well I’ve taken the plunge and started the process with Barclays. Secure message sent so let’s see what the initial response is……
Mike_p says
I recently got copies of my Virgin credit card statements dating back to 2010, I’d requested more but they said they only keep statements for 11 years which is fair enough. Annoyingly they sent them all printed out instead of electronically,
One difficulty with Virgin credit cards is that they were administered by MBNA up to 2015. In their final response to me they simply said they hadn’t increased the limit since they took over the account from MBNA in 2015. I made a seperate complaint to MBNA about it who never responded, I’ve now sent both of these complaints to the FOS and I’m waiting to see what they make of it.
Andy says
Well Virgin have noted my complaint as of today and forwarded to the relevant parties. I suspect I will get a similar response and then it may well be a case of chasing MBNA as well, although I find that a bit naughty considering the card number stayed the same, and everything was listed as Virgin Money.
I’m going to see how this complaint goes an use it as a guide to how I approach Barclays next.
Sara T says
Has anyone had an email response like this and being positive from Barclaycard? Waiting for the letter by post which is about 10 days atm in our area.
Thank you for contacting Mark Gansbuehler about your Barclaycard, although I’m sorry you’ve had cause to do so. I’ve been asked to respond on his behalf and I hope you’re well.
We’ve issued a written response to your concerns today, which should arrive shortly and outlines our investigation and findings.
If you should have any questions after reading this, please let me know.
Sara T says
Sadly they’ve wrote saying no refund they completed all the checks necessary even with all my other commitments the credit limits were affordable, strange considering how quick Aqua were to send me s dizeable refund 😢
Sara (Debt Camel) says
Then send the complaint to the Ombudsman.
Ken says
Hi sara can I make an affordablilty claim again paypal, they gave me credit option in 2019. I struggled to pay it off for a while. I have payed it off now but was struggling then.
Sara (Debt Camel) says
yes you can. They don’t make it easy to send in a complaint (!) try emailing ppelce@paypal.co.uk
with COMPLAINT as the subject.
courtney Deane says
Does anyone have an complaint email for Natwest?
I have two loans and a credit card with them and I don’t feel like any of it was responsible lending. The credit card was my first ever credit and they gave me a £3,600 limit that i quickly spent and never have paid back more than £500 of it, only ever making the minimum payments. They then allowed me to take out a £9,000 loan and a £5,000 within 6 weeks of each other. all three at varying interest rates of 30-17.5%.
Thank you in advance.
Sara (Debt Camel) says
if you have an active account, send a secure message on the app
Big d says
Hi all, when 18 years ago I was in 20ks worth of debt between bank led credit cards and them loans on top of that all from high Street banks, I ended up in an iva and it’s had a huge negative impact on my adult life since. Is this too far back to complain? Not to hunt out for a refund but it’s mental tormented me for nearly 20 years a d it may help me move on
Sara (Debt Camel) says
Yes this is too old. These complaints can’t go back before April 2007
Martin says
Have just discovered to that my JD Williams account is still active showing a negative balance even though it was paid off some years ago via debt company Lowell. Have requested them to close the account down and confirm closure and for good measure stuck in an affordability complaint. At the time I was knee deep in debt. The question I am trying to find an answe to , are they required to respond in a certain timeframe to my complaint or is it a case of wait 4 weeks and chase?
Sara (Debt Camel) says
They have to reply within 8 weeks. After that point you can go to the Ombudsman if they haven’t replied.
Paul says
Sarah,
Thanks so much for this site and the templates you provide. Using them has enabled me to get 13k back from amigo and today I received my redress letter from very where they have upheld my complaint and are issuing me a cheque for almost 9k. Honestly wouldn’t have known where to begin if it wasn’t for your site.
Thanks so much,
Paul
Jax says
Hi Sara, my complaint against Very has been upheld in part from the second credit limit increase. It says in the complaint outcome that they should refund any interest and charges on any balance over 1050. I am assuming that this is the proportionate interest scenario. How does that work please?
Sara (Debt Camel) says
is this a Very decision? or from the ombudsman?
Yes this is a “proportionate increase” – how much was your credit limit increased to?
Jax says
Thanks Sara. It’s from an adjudicator. Increased to 1050, then 1550, then 2050. Sorry it’s upheld from the increase from 750 to 1050.
Sara (Debt Camel) says
ok, what was your financial situation at the time of the increase to 1050? Was it clearly very bad?
Jax says
Hi, yes it was bad and was just worsening all of the time. When I opened the very account I had just my overdraft. By the time of the increase to 1050 I had 2 maxed out credit cards, a very recent loan and overdraft. Also lots of gambling.
Sara (Debt Camel) says
In this case i think you should go back to the adjudicator and say you think you should have a refund of ALL the interest you paid from the date they increased your credit limit to 1050 because Very should have seen that when you opened the account you only had an overdraft, but since then you had acquired 2 maxed out credit cards and a very recent loan (also had your overdraft got larger? mention that if happend). So at this point Very should have seen that you were in buig financial trouble and offered forbearance to you for your account.
Jax says
Thank you Sara.
R says
Has anyone had any success for Vanquis or 118 credit cards?
Lee says
Yes with both.
Vanquis Iwrote a letter they actually were very easy to deal with in my experience as I had been on a repayment plan for around 1 year and been in touch numerous times as was struggling there were history notes of this. They refunded me 100% off all interest from the rise from £250 to £2500 (only had 2 limits of this card) which basically cleared my Vanquis debt of around £2,500 and received a cheque for about £53 on top. This did include 8%.
I didn’t have to go to the FOS but took 10 weeks. They did write to me before 8 weeks to say they just needed 14 more days to review then would provide a decision. They closed my account after, which is what I wanted and updated my credit record.
118 loan side they refunded me without need to go to FOS , took out £1000 loan about 24 months ago now.
For both I did when sending complaint letter send them 3 months worth of bank statements prior to when I opened the vanquis card / 118 Loan this showed all the gambling debt, overdraft and other creditors I was paying back at the time. Did help me with these ones not have to go to the FOS.
I would say New Day (Aqua Marbles) and Nationwide overdraft complant been the poorest to deal with and went to ombudsman stages. Nearly been 1 year in total.
Max says
Just got an 8k Vanquis payout just 72 hours after they accepted adjudicator’s decision. Was refunded all interest since card issued in 2013.
The 8% simple interest element looks a little on the low side so will be double checking my calculations this weekend with a view to further action if required.
Good luck with your claim. For the record, very few adjudicator decisions are rejected by Vanquis. They settled my loan redress very promptly too.
Max
Bc says
Was this the total before they cleared the balance, or was this with balance being cleared? just checking if you don’t mind as I’ve been offered a similar figure and after clearing the balance have figure of £3301, to be refunded, all from 2014 1st increase and a final balance of £3876 cleared, thanks
Max says
Hi BC,
Whole amount was bank transfer as had cleared the 3.5k balance a few weeks ago with my Newday refund.
Vanquis letter today said refund was calculated electronically and they sent four sheets of A4 with scores of interest and fees history dating back nine years.
I’d already done SAR for the old statements and pulled out the relevant data so now need to check it.
Max
Bc says
Thanks, I have the information also and separated the charges and interest and it came out very close to theirs, I think I have been correctly reimbursed, and so pleased to have the card paid off, now just have to wait till 1st June for them to close the account, as they left it with a £500 available credit, I’ve had to call them 4 times to get it closed down. Thanks again for the information and enjoy your money.
Tim says
Hi Max and Bc.When Vanquis gave you your breakdown of refund did it include cash withdrawl fees? Thanks. Tim
Max says
Hi Bc, Tim,
That’s a good question on the fees, I wasn’t expecting any refund on cash advance fees or non sterling transaction fees – have read somewhere that financial bodies define a “fee” as not being a “charge” – but they’re listed on the hundreds of historical transactions and the accompanying letter clearly states the list is “interest and charges”.
Given the amount of data, I’m going to have to spend a few nights going through it all before I can give a final answer as to the accuracy of the redress, but my feeling so far is what they’ve paid is too low (even excluding the fees).
I’ll update this thread next weekend as it’s a big task, but at least I’ve found an online simple interest calculator that will help.
Max
PS: Enjoy it too Bc!
Sara (Debt Camel) says
the simple interest will only apply from when the refunds of interest and charges takes you into a credit balance. the simple interest calculator you have found is unlikely to be of much use.
Max says
Hi Sara.
I really need to check something on this issue, how do you interpret the following FOS decision which was accepted by Vanquis?
Vanquis should: “Repay all interest and charges on the account from its inception; Pay 8% simple interest from the time of each payment to when the charges are refunded.”
So the interest and charges are relatively easy to total, but the 8% simple interest element seems ambiguous. Is the FOS saying that I will receive 8% interest on ALL MY PAYMENTS to Vanquis over the years?
If so, I paid them nearly £1,000 in 2013 alone and 8% simple interest on those payments comes to well over their interest calculation.
Basically, the card should never have been issued and while I had the benefit of it, that line in the FOS decision has left my puzzled and I’m wondering if I need to seek urgent clarification from the adjudicator… Any thoughts?
Regards,
Max
Sara (Debt Camel) says
Well that is what it says. However this is rather sloppy wording from FOS.
How much has Vanquis added up the interest & charges part of the refund to be, ignoring the 8%?
Do you currently have a balance with them, how much?
Max says
Hi Sara,
Thanks for the pair of replies. I paid off the balance in full a few weeks back so its rarely been in credit.
The refund of interest and charges came to about £7,250 and interest of nearly £600 was given on top of that, minus 20% for HMRC. For some reason, they refer to the simple interest as “notional interest” in their correspondence.
@Tim, I can confirm their refund included all charges/fees of about £400 on the account: purchase interest, cash interest, cash advance fees, non-sterling transaction fees and overlimit and late payment fees. As I didn’t expect to get some of those back, I’m now putting this issue to bed once and for all.
Just to add, they sent me a letter this week saying credit bureaus data will be corrected/updated in the next 28 days, and I can see from my mobile app that my “Available Balance” is now £0 so they’ve obviously closed it, but have yet to actually confirm that in writing.
To end on an even happier note and show how fortunes can change quickly, within two weeks of my recent Newday refund, my credit score jumped so much I was offered a 30-month 0% balance transfer credit card with a five-figure limit (since reduced by me) from a normal lender, not a sub-prime parasite.
Max
Sara T says
Omg just got a letter from Vanquis 7 weeks in full refund and 8% interest direct from them! 😱 Sara I hope you know just how bloody amazing you are 😘 now to contact Very if anyone knows an email address please?
Alice says
I had to write to very. Prompt response and 2 cheques in the post.
Cb says
Hope you don’t mind me asking Alice, how long did they take to get back to you? Did they terminate your account?
AL says
So after the adjudicator upheld my complaint for Barclaycard to repay all interest from account opening, they have not responded to the adjudicator by the 2 week deadline. The adjudicator has said that he has messaged them yesterday but so far nothing. Is this normal for Barclaycard? I’m getting a bit antsy that they won’t agree. Has anybody else had any experience with them? It will be quite a hefty refund.
Nadia says
No but I’ve got one ongoing with adjudicator for Barclays so I’m interested in your situation. How long from lodging complaint to decision if you don’t mind sharing?
Well done too
DBUK says
I found Barclaycard a horrible complaint process. You can’t email and there’s no online complaint form. I wrote to them on chat but it took 3 days and multiple different agents to agree to record the complaint for investigation like they’re meant to and even then they didn’t do it like they said. In the end I had to hand write and post my complaint. In the letter I explicitly asked for email/digital response, but they ignored that and wrote to me. The response didn’t address any of the issues I raised directly, and instead focused on telling me how they did all there checks and can’t see anything of concern. I asked for a list of credit limit increases and dates that was also ignored. I’ve spent the last 3 hours referring it to FOS.
I think Barclaycard use those tactics in the responses like you and I have recieved when they know there is an issue, but they also know 50% of people won’t take it any further, and the 50% that do 30% will be successful, and worst case scenario for Barclaycard is they’ve hung on to any refund/redress money for longer.
Here’s hoping FOS side with me because it would change my life.
Lorraine says
I put a complaint in against very catalogue and they sent me a cheque without me agreeing to it …they only upheld my claim from my account going up from 1050 to 1350 in Dec 2014 when it eventually went up to 2800 a couple of years ago can I cash the cheque and also could I take this to the ombudsman for the other increase
Sara (Debt Camel) says
oh dear, I didn’t think they had started this sort of underhand way of tempting people into accepting bad offers.
If you want to take this to the Ombudsman you shouldn’t cash the cheque.
When did it go up to 2800? Are they saying that increase was fine?
Lorraine says
I’m not sure it’s been a few years though , when I just logged in to my account its now been reduced to £500 even though they are not giving me credit i have to pay for things if I want to order i did take a screenshot that it was 2800 before they did this …they sent me a cheque for 770 so it sounds like they could owe me more , could I end up losing though if I don’t cash it
Sara (Debt Camel) says
you could go back to Very and say you are considering whether to accept their offer but you would like them to tell you the dates of all your credit limit increases. And the total of interest and charges you have paid since december 2014.
then you will have some facts to make a decision on.
I haven’t seen a situation where a lender made an offer and then the Ombudsman awarded less! Except in the odd situation where a lender says you have no case and offers you a £25 Amazon voucher to just go away – that isn’t what has happened to you, very have decided they made a mistake in 2014.
Lorraine says
Thanks very much for replying Sarah I will contact them
Helen S says
Hi Sara, can i ask you about Barclaycard & Lloyds? 8.5k credit card Barclays and 5k Lloyds. On a payment plan with both and i”m down to 5k with Barclays & &4k Lloyds. Maxed both out, years on end as would pay the minimum amount and then spend it, to be able to live! I defaulted certainly Barclaycard payments in past as couldn’t afford to eat or pay bills. I dont think i was ever increased limit, just huge credit limit to begin with. Worth a complaint?
Sara (Debt Camel) says
These payment plans – are they interest free?
Helen S says
Definitely not, neither of them. Can i complain?
Sara (Debt Camel) says
Yes i think you should.
Jo f says
Anyone have experience of jd Williams/premier man not removing negative credit info from credit file? I had a complaint settled with them and the agreement was they would remove the negative info and contact the debt collector it fell to for them to remove negative info and defaults too. They just haven’t done it but keep saying they have and I’ve spoken to the debt collector and they haven’t made any contact with them. Very annoying. It’s been 7 weeks now.
Sara (Debt Camel) says
Was this complaint settled with them directly? or via the Ombudsman?
Jo f says
It went to a caseworker with the ombudsman and they offered a settlement, all done through the case worker
Sara (Debt Camel) says
I would go back and tell your FOS case worker.
Jo says
Hi sara
I run thru my old bank statement and found Compello operations ltd. Is it a debt collection team ?
Sara (Debt Camel) says
It was.
Jo says
Could I be able to complaint against pawn broking loans from PickWick and cashgenerator. I have several loans and keep rolling over more than four months. Its valuable jewlleries and macbook. i dont want to loose my items. I know its a collateral security loan or something, but i badly need some advice how to overcome. Its been over three years i am taking pawn broking but presently my situation is very bad, cant pay extention fee anymore.
Sara (Debt Camel) says
I’m sorry but pawnbroking isn’t subject to affordability checks so you will not win a complaint. I suggest you talk to National Debtline on 0808 808 4000 urgently about your options.
Simon says
Hi
I made various complaints to various companies about a number of debts which were accumulated at about the same time. All of them agreed with my complaint and refunded me apart from JD Williams who said that since my account was opened in 2012 I had left it too late (my account was passed to Lowell and I didnt finish paying it off until last year).
I then forwarded my complaint to the Ombudsman who have taken about 10 months to reply only to say that they agree with JD Williams and I complained too late. The reply also said I cant use not knowing I could complain as an excuse to appeal.
I wondered what I could do next? I would like to appeal the decision with the Ombudsman but dont know what I should say.
Sara (Debt Camel) says
Go back and say that although you realised the payments were causing your problems years ago, you thought that was your fault as you were bad with money. You didn’t know the lender had a duty to consider whether the credit limit increase would be affordable for you until you found out about affordability complaints in [Spring 2021 – or whenever]. This was the first point at which you knew you had a cause to complain, so you have made this complaint within 3 years of becoming aware of this so you think the Ombudsman should accept your complaint under the DISP 2.8.2 (2)(b) rule.
Simon says
Hi Sara
The Ombudsman has replied with the below – any ideas how I should respond?:-
I’d like to clarify that as your account was sold to Intrum UK Finance in August 2017, this is when you reasonably ought to have been aware that there was a cause to complain about something going wrong with/on your account and would have given you until August 2020 to raise such concerns with the business. You’ve said you only became aware of such complaint around this time last year (June 2021, 10 months after this date). However lack of knowledge is not considered to be an exceptional circumstance unfortunately. Furthermore J D Williams have not given us consent to look into your complaint.
So, if you think you had exceptional circumstances for why you didn’t complain in time, please let me know by 23 May 2022, providing as much detail as possible and anything else you want to send me, such as medical information. An ombudsman here can look at everything again and make a decision. If I don’t hear from you by that date, we might not be able to look at your complaint again.
Sara (Debt Camel) says
were any of the credit increases on the account made after June 2015? This changes what you can argue.
Simon says
Hi Sara
There were incremental increases between December 2012 and May 2015 so no.
I really dont want to let this one go as they caused me so much grief over such a long time.
Sara (Debt Camel) says
is this a Final Decision from the Ombudsman? or does it say you can go back with more arguments?
Simon says
It says I have until the 23rd to go back to them.
I am open to suggestions as to what I can say to the Ombudsman to convince them to pursue this case, at the moment I am not sure what to tell them.
Sara (Debt Camel) says
i suggest you reply saying (putting into your own words and changing as necessary):
I have read the 2 key Ombudsman decisions about payday loans https://www.financial-ombudsman.org.uk/files/17783/payday-loans_time-limts_final-decision-lender-C.pdf and https://www.financial-ombudsman.org.uk/files/17784/payday-loans_time-limits_final-decision-lender-D.pdf. It seems to me that the approach used there is directly applicable to my situation.
One says “Mr H would also have been aware, or ought reasonably to have been aware, that he was paying an increasing amount of interest the more loans he took out. So I think that Mr H also ought reasonably to have been aware that he may have suffered a loss, or that he was suffering a loss as he was taking out these loans. But I wasn’t persuaded that Mr H realised that Lender C might’ve been responsible for his repayment problems – nor did I think that Mr H ought reasonably to have made that connection either. In my view, Mr H would, quite reasonably, have seen Lender C’s offer of further loan as a solution to his problem, rather than a cause of it.”
The other said:
“Mrs W appears to be an intelligent and articulate individual who is capable of using the internet to access information. But I do not think it necessarily follows that a reasonable person in those circumstances, who became aware of affordability problems with her loan and who understood that she had suffered loss as a result, would also become aware that her difficulties could be due to failings on the part of the lender. In my view, a reasonable person in Mrs W’s circumstances would be more likely to take personal responsibility for the difficulties she faced.
I am satisfied that a reasonable person in Mrs W’s position could not reasonably be expected to have understood from her contract with LENDER D that the lender had an obligation to check that her loan was affordable before agreeing to provide it to her.”
Like Mr H and Mrs W, I realised that I was paying more to JD Williams and that the minimuj payments which were all i could afford were never going to clear the debt. This got worse as the credit limit was increased. However I thought this was my fault for not managing money well I didn’t realise JDW should have checked that the initial credit limit and the increases would be affordable for me., so I didn’t see JDW as the cause of my problem. I wrongly saw the credit limit increases as a help, even though they made the minimum payments even higher so I kept borrowing more. Until I found out what affordability complaints were, I did not realise I had a cause to complain.
Simon says
Wow thank you this is good stuff and I believe relevant to my case too. I’ll give this a go, thank you for taking so much time to help people out on this site.
AL says
Hi Sara, just wondering what happens to companies if they uphold complaints against them at ombudsman level? Do they get fined or anything? It seems all my complaints that are being upheld at adjudicator level are just being ignored by the companies. If there’s no consequence to that then I guess they would just continue to ignore
Sara (Debt Camel) says
So your complaints are all having to go to an ombudsman as the lenders have not responded?
AL says
Yes that’s right. Both barclaycard and very are just not responding to the adjudicators
Sara (Debt Camel) says
So in the end FOS gets cross if a lender starts doing this habitually. But there isn’t much you can do to speed this up.
AL says
So they have been upheld by the adjudicator but they are completely ignoring the adjudicator messages and timescales
Lorraine says
Hi Sarah
Very got back to me saying they have paid everything from when they increased my credit limit in Dec 2014 from 1050 to 1350 then to 2800 plus interest and charges to the present day 2022 , do you think £770 is a fair amount over 8 years bearing in mind they didn’t negotiate they just sent a cheque ….would you just accept it if you was me or take it to the ombudsman
Sara (Debt Camel) says
That sounds quite low…. when was the credit limit increased to 2800?
Lorraine says
Hi Sara
I’m not sure but a few years I’ve asked for dates but they never said just that everything had been worked out right ….how would that look to the ombudsman I was wondering
Sara (Debt Camel) says
well go back to them now and ask again – say you want to consider their offer but first you need to know three numbers:
1) how much you have paid in interest and charges since December 2014
2) when your credit limit was increased to 2800
3) how much you have paid in interest and charges since the date your credit limit was increased to 2800.
Say you will send your complaint to the ombudsman if they haven’t answered these three questions by the end of next week,
Lorraine says
I will do , if I decide to take it to the ombudsman would I have to supply bank statements from 2014 to 2022
Sara (Debt Camel) says
bank statements help your case. They aren’t always ncessary.
Lorraine says
They sent me a cheque I didn’t even know they had agreed to paying me something , no negotiation or anything
Las says
Hi I also have a complaint against very and the investigator at the FOS has agreeed with me and has given Very 2 weeks to
Reply or he will send to adjudicator? Just wondering if anybody’s as had a good outcome with them (replying or agreeing with the investigator) or should I not hold my breath and be prepared for the long haul? I was 21,000 in debt in loans alone at the time of 3 different credit increases😢
AL says
They have completely ignored my adjudicator so today it has been sent to the final ombudsman
Jo says
I got a letter today from Very after they accepted the outcome of the adjudicator’s decision, 4 weeks to the day. Sadly the amount they’re suggesting the pay is way off what I’ve calculated. I’ve emailed the adjudicator tonight to ask her to have a look at the amount they’re suggesting. Very also said they’d sent me a cheque for the amount they claim they owe. I’m assuming I’m under no obligation to accept this. I fear I will now go into a queue for it to be looked at by an ombudsman. Such is life
DBUK says
Hi all,
I’ve passed complaints against Barclaycard and Natwest for credit limit increases to the Ombudsman. FOS sent me email reciepts which says I can expect to hear back within 7 working days. I anticipated this to be much longer given other people’s feedback on here. Is this accurate? Whatever have other people experienced?
Ross says
This will be a letter, confirming receipt of your complaint, along with a reference number. Average waits can vary but, I can guarantee you, it won’t be resolved in 7 days. Hope this helps?
Ernest says
Good afternoon Sara pls ..l need advice on this..just received from investigator .. C opened his account with B on 27 March 2006 and the last credit limit increase took place on 6 September 2007. So, I’m satisfied the complaint was made outside of the six-year rule. C’s account defaulted on 22 July 2015, so I think he ought to have known by this point at the latest that something may’ve gone wrong with the lending, and that it was unaffordable. So, C had until 22 July 2018 to raise a complaint with B. C has explained he was previously aware the credit card was causing him problems but wasn’t aware that lenders had to complete checks to ensure the lending was affordable – so he didn’t know he could make a complaint of this nature. I accept C may not have been aware he could’ve made a complaint specifically about irresponsible lending, but I do think he would’ve known he could’ve made a complaint about something he was unhappy with, in this case the lending being unaffordable. So unfortunately, I think this complaint was made too late. I’m also not aware of any exceptional circumstances that prevented the complaint from being made on time
Sara (Debt Camel) says
ask for it to go to an Ombudsman. And say that English is not your first language and you may not have explained this clearly.
Ernest says
Thanks so much Sara for your advice. This what l reply to them
Another point. I realised the payment/credit card were causing me problems years ago, l thought that was was my fault as was bad with money . I didn’t know the lender had a duty to consider whether the credit limit increases would be affordability to me until l found out about affordability complaints in (spring2021) this was the first point at which l knew l had a cause to complain,so l have made this complaint within 3years of becomingaware of this so l think the ombudsman should accept my complaint under the DISP 2.8.2(2)(b)rule.
When l was trying to find information about QUICKQUID claim and came across the debt camel website which has a page on bank credit card’s. So l think this falls within the three years since l became aware l could complain…*** hope this is a good point?
Sara T says
Hi Ive had Barclaycard reject my claim so sending to the ombudsman but wanted to pay my account off with my qq money is it easier to leave it open and keep making min payments till I hear back?
Sara (Debt Camel) says
I don’t think it makes any difference. It this the highest interest rate of your debts? do you have nay priority debts 9rent arrears, council tax arrears, energy bills) that need to be cleared?
Sara T says
This is the highest interest but not sure I’ll get anything back and could take months, thanks though
Sara (Debt Camel) says
Well if this is the highest interest it is the one you should clear.
This won’t harm your affordability complaint. What matters for that is whether the credit was affordable when they set your credit limits, not if you have now had a windfall that has let you clear the balance.
AL says
Hi Sara, just an update. So very failed to respond so that has now gone to ombudsman. My adjudicator has given barclaycard until tomorrow as he is saying he is ‘hopeful’ he can sort a resolution. From you experience of this site, do barclaycard accept adjudicators findings? Or do they often go to final ombudsman? Thanks
Lorraine says
Hi Sara
I’ve got all my figures from very how do I work out the interest and charges and 8% on top out , thanks
Sara (Debt Camel) says
so you can now asnwer these 3 questions?
1) how much you have paid in interest and charges since December 2014
2) when your credit limit was increased to 2800
3) how much you have paid in interest and charges since the date your credit limit was increased to 2800.
JeffM says
I have just been fighting with JD Williams for over a year now (Covid excuses forever) however persisted with the ombudsman – He has now upheld my complaint for the 2 accounts I had – 1 JDW and 1 Jacamo with a combined credit limit of £7000 – They have upheld – and JDW have accepted as of today from Feb 2014 until I closed the account in Feb 2020 – fully paid. Not sure how they calculate all the payments plus the 8% simple interest until paid in full but expecting £20k + as I was always maxed out and only paid minimum payments. If anyone knows how it is worked out that would be handy. But persist with the Ombudsman it is well worth it.
Sara (Debt Camel) says
I am afraid no one can guess unless you know how much interest you paid over that period.
Darren - CapOne customer says
Hi
On my credit report there are two CapOne defaults (Luma & Aqua).
Defaulted Feb 2020 and for balances under £250.
Each card was settled end of 2020.
In 2017 the Luma card was in a PMT plan for 6mths.
I questioned questioned CapOne which resulted in me going to the FOS.
FOS has upheld my complaint on Irresponsible lending of the Aqua card as it was issued whilst I was in an arranged payment plan – CapOne are to refund Interest & fees + £75 compensation and remove all negative information for the aqua card.
I get it to roughly £260 refund, but no value/breakdown has actually been confirmed or provided by Capone.
The 2nd card nothing can be done as the FOS has said all is in order.
FOS has sent an email reminding me I need to confirm the acceptance of their findings.
I’m apprehensive as I do not have the breakdown from CapOne plus I believe that the refund should negate the Luma Cards balance and default, as refund should place me in a position as if I never had the card.
I did originally mention this to the FOS but he said that I would of used the funds for something else.
Is there anything I can do to get this second default removed?
Applying the 1st mth interest from the Aqua card and applying to the Luma card on the same date drastically changes my transactions and would mean that around £48-60 of fees should be refunded.
Your advice is greatly appreciated.
Sara (Debt Camel) says
Is this a decision from an adjudicator or a final decision from an Ombudsman.?
What is the rest of your credit report like?
I see your point but this may not be easy to win. I don’t think I have come across a case like this, where there were two cards from the same lender, only the second was found to be unaffordable and both balances had been cleared.
Darren - CapOne customer says
The decision was made by the adjudicator.
These are the only Defaults / negative markers on the account excluding 2 missed payments 3 years ago on a closed account.
The Luna card was taken out 2014 and I ran this appropriately. Then in 2017 I lost job and was struggling, they set a payment plan up on the basis the account was placed into default. I had 28 day cooling period to accept, so made the £5 payment pan payment on the due date and then 20days later cleared the balance with no default being applied.
The Aqua card was issued 2days after I requested the payment plan, as credit reports was still showing I had no issues.
Oct 2019 started having financial issues and health issues. An automatic payment plan was activated after receiving an email on the Aqua card but for some reason the Luna didn’t.
I reached out a few times to CS inform them of this and they stated they needed an I&E beforehand they said they’d issue it by post.should arrive 7-10days. 2 Week later nothing so contact again, send by post again nothing – contact again stating I’m in hospital, they again send out via post nothing. 3mths of this then in Jan 2020 I raised a complaint about this, few days later an automatic payment plan was applied to the account but was way too much so contacted the complaints team who advised I could send I&E by email or their message service!
I did this and BOTH accounts placed into default as payment plan was set for £5 each.
Sara (Debt Camel) says
So did you clear the Luna card with the money from the Aqua card – either directly or because you could put £200 of groceries on the Aqua card and so had £200 that you could use to clear the Luna card.
Darren - CapOne customer says
Nope. I had the aqua card as parents boiler went outside of the homecare/warranty so I used that to pay British Gas for a new Homecare and one off callout. (they were more important as mom is disabled)
When their money came in, the gave it me back and I cleared the Luna card.
Made a £5 payment plan payment on 13/10/17 for the Luna card.
15/10/17 received and maxed out the Aqua card.
Made a £225 payment on 24/10/17 on the Luna, this cleared balance and removed payment plan.
Sara (Debt Camel) says
OK so you did efectively use the second card to clear the first one. If you had not had the second cars, you would not have been able to clear the first one and it would have defaulted at that point.
I don’t think you are going to be able to get the Luna default removed.
Darren - CapOne customer says
I’ve tried everything.
Pleading to their good nature.
Stated I will forego any financial refund if both defaults are removed.
Just thought that the last step would be to say refund of each interest and fee could have been applied to the Luna card in full or in part, as I’d have extra funds.
As applying the interest from Aqua on opening date to date of default would mean on the Luna card £48 of refunds and the account balance at point of default would have been £133 instead of £255.32.
Applying all interest would leave a card closing balance of £188.58 in credit.
Sara (Debt Camel) says
But the point is if you have had the Aqua card, the Luna one would have defaulted. It’s hard to argue that that default should be removed.
Darren - CapOne customer says
I even tried to get the default date changed on the Luna card.
As they issued default notice in 2017 along with the payment plan.
But because I didn’t acknowledge the plan and cleared the balance it didn’t get applied.
That would of helped as it would have dropped off next year instead of 2026
Sara (Debt Camel) says
I understand your frustration. I just think it will be hard to get the default removed. The Ombudsman looks to have made a normal decision in this case.
qq says
Despite heavy usage of the PD loans and hard OD borrowing, FoS had not found anything wrong with the maxed CC at Vanquis and NewDay. I have supplied several, typical views from the credit agency reports from that time (these really looked horrible!), but FoS argued that: 1. I always paid my minimums, 2. I never exceed the agreed limits, 3. CC lenders said they have done their credit checks, so it means they have done the checks. (this one is a big surprise to me) 4. Eventually I did pay off every penny on both cards, but at a huge expense: I’m still alive – so it was OK.
Well, what will not kill us – will make us stronger: I was virtually forced to upskill, and finish university and subsequently – I more than doubled my income…
To me, it looks like FoS is slightly more protective of the well-established credit businesses. If these would topple like PD lenders, the entire world of finance could simply collapse shortly afterwards. Please, think about your arguments twice before you complain and make sure your evidence is top notch/spot on.
qq says
I was lucky with the QQ and other PD lenders, unlucky with the CCards, therefore now I will try the O/D, but strictly on the grounds that in about 2017, O/D rates suddenly jumped up from 18ish % to 39.9% putting me in an unfavourable, worsening situation. Banks were really heartless with that move, as it was exactly at the same time when the Gov introduced heavy APR limits on PD lenders…
Sara (Debt Camel) says
strictly on the grounds that in about 2017, O/D rates suddenly jumped up from 18ish % to 39.9%
you have to argue non affordability. Not that they put the interest rates up.
See https://debtcamel.co.uk/get-refund-overdraft/ for complaints about overdrafts.
qq says
That is a very good point, Sarah, I will adjust my complaint. Thank you. (Technically, I am still waiting for the HSBC’s reply, but I’m not overly optimistic about their point of view)
Sara (Debt Camel) says
did you take the credit card decision to the Ombudsman level?
I don’t see any indication that FOS is more protective of non PD lenders.
qq says
Yes, but that’s when things got even more interesting: the wait for the Adjudicator was really lengthy – 5 or 6 months.. The ombudsman decision took exactly one day after I disagreed with the Adjudicator, the Ombudsman’s explanation was exactly the same as Adjudicator’s. I rest my case.
Sara (Debt Camel) says
well that rather depends on how good the adjudicator’s case was…
AL says
Hi Sara, my adjudicator keeps giving barclaycard additional time.to respond as they are not replying. He is saying he is hopeful he can resolve it before it goes to the ombudsman but at what point should I ask for it to just go to the ombudsman? It’s only been about 10 days but I feel if they haven’t responded so far then they probably won’t
Sara (Debt Camel) says
I should give it another few weeks.
Katie says
I have just had a refusal from Barclaycard about irresponsible lending my credit limit was increased 3 times in 2 years from £7,800 initially to £15,100 this was close to a years wage at the time. Had a loan with NatWest at the time too. Currently on a DMP to pay this back.
I have contacted the ombudsman today after getting my letter from Barclays, I had trouble with them about my PPI claim and had to go ombudsman with that.
Has anyone had any joy with contacting Barclaycard first time?
Also have a claim in with MBNA as they gave me a limit of £6,800 on top of all of the above. Waiting to hear back from them on this.
Lee says
I won my Very complaint in full from account opening May 2015 on all interest and charges including bnpl purchases plus 8% as current have zero balance on the very account. At one point my balance was £3,200. I did have some buy now pay later interest.
I was expecting for 84 months around £2,000 at least. I received a cheque from Very Shop Direct today for £1,256 no calculation.
I want to go back and check this is right. They agreed to pay 100% of all interest and charges from the account opening. Am I OK to cash the cheque and challenge if they paid me right.
They did say on the phone they might not have 7 years worth of date due to data protection.
Lee says
Btw it was an adjudicator decision that shop direct finally agreed to. I would like to see yearly calculations for the interest applied.
I know I was being charged on average at least betweem £15 – £36 a month on normal interest. The you got bnpl and the 8%
Sara (Debt Camel) says
I would go back and say you want to see how this was calculated as it looks a lot too low.
No says
Not too dissimilar to my recent complaint with Very. They agreed with the adjudicator’s decision and I think their calculations are way off. They’re suggesting the interest accrued is £39 for a credit increase of £1300. I’ve gone back to the adjudicator to query this, as I have no idea how Very worked this out. My adjudicator has asked for further information from Very as to how they calculated this.
Lee says
Had my letter now following the cheque from Very group / Shop Direct.
For 7 years since May 2015 onwards to present they calculated.
Account interest of £538.61
BNPL interest £504.29
Simple interest – £213.53
My normal interest (49.9% APR rate) averages out at around £8 each month based on their figures. When it was at least £15 minimum to £35 for first 74 months till I got the account balance finally to zero as I did have a lot on bnpl.
I have been in touch with the adjudicator who is going to request the actual calculations from Shop Direct now.
Just wondered of anyone has had this problem before and had their redress increased as result of the calculations being wrong?
No also please let me know how you got on will post my outcome on this thread when I hear back.
Las says
I’m still waiting to here, so have they increased the £39 then have they sent you a cheque? Did you complain through adjudicator or to them as I have tried to contact them and they won’t talk to me
Helen James says
Hi Sara,
I am just about to follow your advice above, but am unable to find account/ credit card numbers for my aqua and Vanquis account.
Will I still be able to make this complaint without these details, or will it cause issues.
Thank you,
Helen
Sara (Debt Camel) says
how long ago were the accounts closed?
Helen James says
Both in 2019, due to default.
Sara (Debt Camel) says
ok so you know who the debts were sold to? You can give your name, address, date of birth, the email address they knew for you and say the debts were sold in 2019. They can find your account from that.
Good luck!
Helen James says
Fantastic, thank you Sara.
Helen
Las says
Can I ask how long you waited for Very to agree? My adjudicator is in my favour and sounds exactly the same scenario as you although my balance was a lot higher and I still have a small balance, but they are ignoring the adjudicator and not replying, also did very contact you to agree a settlement or fu’s they just send it out automatically?
Lee says
Very Shop Direct agreed on the last day they had to respond to adjudicator findings. They had 2 weeks. But I think my adjudicator did chase up on the last day with them.
I do think I fell lucky with my shop direct adjudicator, who has been really good.
Nicola says
Can I complain to capital one if I had a credit card with them where I was always near or over my limit and then applied for another card called ‘Think’ who I later realised was a capital one company? They gave me a credit limit x2.5 of the original card and I quickly used that limit and have not been able to pay it off since.
Sara (Debt Camel) says
The first card, were you normally only making minimum payments?
Claire says
Has anyone had any joy from Next credit account . I sent over a irresponsible lending complaint to the and now on week 7 and not even been acknowledged.
DBUK says
I complained, I got acknowledgement very quickly within a couple of days. 4 weeks on though, they sent me an email saying they want more time to review.
I’d recommend checking your spam, as they did email me asking me to verify some identification info, even though I’d included all the same information in my initial complaint.
Emily says
How would 8% interest be calculated on a credit card refund? The company agreed with the adjudicator that the card shouldn’t have been leant and has calculated the redress.
The way they have calculated the interest is to ‘amend’ my total balance each month, which excludes all fees and interest charged cumulatively to date. Once this balance became negative, they then calculate the interest on this. Is this correct?
Or should they been calculating the 8% interest on charges/interest from the date it was added to my account.
Sara (Debt Camel) says
They have done what is the normal procedure for credit cards.
mark says
Out of the blue i got 2 letters from barclaycard today re 2 old credit cards from years ago…Refunding me over £700, will have to reclaim about £40 from HMRC, but a nice surprise.
Sara (Debt Camel) says
have they actually paid you? If not, read the comments below this other page and don’t hold your breath… https://debtcamel.co.uk/barclays-refund-customers-arrears/
Also what was the situation with your card – did they increase your credit limit to an unmanageably high level? It may be that you could complain about this and get more.
Lc says
Hi Sara,
I’ve just received this response from JD Williams (one week after my original complaint was sent-so such a quick response):
“Whilst investigating your complaint, I can confirm that we have identified that checks failed when your account was approved for credit. Therefore, I will be removing and refunding all administration and interest charges applied to the account.
We are currently awaiting on the calculations for the charges applied to your accounts. As you have an outstanding balance with us, depending on the calculations for the charges applied, the refund due may be offset against your outstanding balance.
I am sorry that the application of credit on your account was approved. In view of this, I am upholding the complaint.
In addition to the above I have requested that her credit file is updated in relation to the late payment markers applied following application of credit on each account. Please allow up to 28 days for this to be updated with the Credit Reference Agency, Experian. Please note that administration charges will still be applied for late payments going forward.”
As everyone else on this thread is having difficulty with Jdwilliams, I’ve become suspicious that I’ve had such a quick and positive response from them. Does everything look above board here before I reply? Should probably wait until I’ve had an actual quote of the refund amount before replying? At the bottom of the email it’s asking for a response ASAP.
Thanks
Sara (Debt Camel) says
What is your current balance? How long ago was the account opened?
Lc says
My current balance is £1500 and I opened the account in December 2016. My credit limit went from £200 to £2750 over this 5/6 year period.
Sara (Debt Camel) says
Then it may well be that the refund will clear your balance, in which case there will be no reason to worry about the “Please note that administration charges will still be applied for late payments going forward” line.
I suggest you reply saying you would like to accept their offer, but if the refund doesn’t clear your balance, you would like to be able to make a payments arrangement for the remaining amount without this affecting your credit record.
My guess is there was some horrible mistake made with their checks when you opened the account. But who knows, there is no need to worry about what is an offer of a full refund.
When they are refunding all charges and interest, this is quite hard for them to get wrong. But it is still worth checking if you don’t think the number is large enough. Do you have your old statements?
Lc says
I’ve logged in to my online account and can see all my statements. The statement show a ‘credit charge’ each month so I’m guessing this is what they’re referring to. There’s no other charges on there. I’ve calculated all of these and it adds up to over £4000 – I don’t know if I’m doing right by this?
Yes it seems something went wrong when they gave me the account which is why they’ve upheld my complaint so easily?!
Sara (Debt Camel) says
Well I can’t see what you are looking at, but that sounds right!
Cb says
Have you had any information on amounts? I too put a claim in on 3rd May, got a freaky quick positive response saying upheld. But still waiting for them to give me the redress amounts.
Tim says
Hi Sara,
Thank you for all the time and effort you put into helping others, your resources and advice has helped me repeatedly over the last 6 odd years.
I am at the backend of the financial mess I got myself into. One of the remaining issues on my report is a CCJ which is due to expire next year. It was for a Very account – it was sold to Lowell who obtained a CCJ (which itself was sent to an incorrect address, anyway…).
The account was from more than 6 years ago, despite this I have complained (this year) and referred it to the Ombudsman who has upheld my complaint and instructed a refund of all charges/interest, 8% and “Once XXX’s balance has been cleared, any adverse information recorded on this account should be removed from their credit file (if applicable).”
I have emailed my investigator to confirm whether this would include the CCJ or only information they (SD) have recorded.
I was wondering, as the lending was found to be irresponsible where do I stand in relation to costs/fees/interest Lowell added between the account value and CCJ value? Is there any recourse following the ombudsman finding? Would I need to make a seperate complaint? Or is it just a case of tough luck? The Ombudsman stated in their findings that I should be returned to the position I was before I obtained the account, I will not be in that position without the redress from Lowell’s additonal fees.
Thanks!
Tim says
*SD – Shop Direct/Very
Just to confirm also, the CCJ was paid in full.
Sara (Debt Camel) says
All the extra fees etc that Lowell added and the money you have paid Lowell should be taken into account wehn Very calculates your refund.
Tim says
Thank you Sara :)
Nadia says
Hi Sara
Hoping you can help me with this. I’ve just had a response back from investigator at ombudsman saying I’m out of time with sending my complaint to ombudsman (6 months from final response issued by mbna). I have had issues with post being sent to the wrong address (including special deliveries) as there are two roads in same post town but different villages. Some months later I wrote again to mbna with my complaint and provided me with a copy of their final response letter, which I never received. Is there anything I can do?
Sara (Debt Camel) says
Have you explained all this to the Ombudsman?
Nadia says
Hi Sara, I am in email comms with FOS investigator only, who is assessing if the complaint is out of time or not.
I have provided detailed responses to FOS
We moved house and have had ongoing issues with post that is addressed to us, going to the same street address in the next village (which has included signed for Royal Mail deliveries, Amazon parcels etc etc).
I assumed when I wrote off the first letter and didn’t get a response, that it was down to the delays most companies were having at the time, getting people set off to work at home etc. I had a lot of stuff going on in my personal life at the time and was representing myself in a fast track court case (family dispute) so research and preparation of court papers, was my life.
As soon as the case concluded and I had my life back. I picked up my in progress file and wrote again to mbna when they responded and provided me with a copy of the final response that they said they’d sent on 15/10/2020 and had 6 ‘mths from then to contact ombudsman.
Wrote to ombudsman on 6/1/22 within a month of me receiving a letter from mbna enclosing a copy of their first response that I had not received.
because the letter was lost, and I didn’t chase up not receiving it (because of being all consumed in civil procedures and court admin ) that I can’t get past the FOS investigator, to have an ombudsman look at the complaint
Sara (Debt Camel) says
Do you have any written evidence bout your postal problems?
Nadia says
Yes I do, I sent them a copy of a tracked signed for delivery from Royal Mail (covid tests) which was sent to the other address even though it was addressed correctly, and the subsequence correspondence between me and the company
Rachel says
I had a credit card with Aqua who have increased my credit limit to 2550 over time always been maxed out they they approved me for a fluid card and have also increased my credit limit on that account. I sent a complaint but had no response from them. Just payments issued back to my card which has brought my balance down (so I’m assuming they agreed to my complaint) however can I get the money refunded back to me? Instead of being paid to my account. They have closed my account but like I say I’ve had no details from them
Sara (Debt Camel) says
You need to ask them for their response – what part of your complaint have they upheld and how much of a refund have they assessed?
They will always use the refund to reduce your balance. But is it large enough? You may Still need to send this case to the Ombudsman if it isn’t.
Were there any late payment or defaults recorded on the account? You should ask them to delete these.
You should also ask to be able to repay any remaining balance at an affordable rate with no interest being added.
Rachel says
No I’m still left with a balance but I used cards to pay off other loans so I expected some of the refund back as compensation to help balance my finances. I’ve literally had no response from Aqua can I request the money back and set a payment plan with them
Sara (Debt Camel) says
No you can’t request the money back.
BUT it may well be that they did not refund enough, so if the refund is larger than the balance, that will be paid to you in cash.
Lucy says
Should I not make complaints to companies in my IVA? I have Aqua card, Vanquis and Capital one. Many thanks
Sara (Debt Camel) says
Any refunds will first be used to pay off the balance in your IVA. And the rest will be paid into your IVA.
What were the total debts in your IVA and how much did these three cards add up to? And what are you paying each month?
Lucy says
Hi I’ve been in iva since 2018 and have and year and a half. It was £10,000 debit. Simpy be, lending stream, Santander o/d and load, 3 above.. I pay £80 a month as in 0 hour contract back from maternity leave…
Will my Iva know I’ve made claims?
Many thanks
Sara (Debt Camel) says
All the lenders when they look at your claim will know you are in an IVA if you had a debt owing to them included in the IVA.
This MAY be worth doing if you go after all the lenders you listed – so Lending Stream as well. And Santander for both the overdraft and the loan.
Is the £80 a month affordable? With bills and prices going up?
Lucy says
Yes I use to pay more when I worked full time but been on maternity leave then left the job as had childcare isssues. I have had response from very and due money but that not in my iva.
maria says
hello sara i have had an irresponsible lending case with capital one which has now been resolved via the financial ombudsman and was upheld in my favor they have been asked to refund all interest and charges plus 8% simple interest since the account was opened. The account was opened in febuary 2013 with a credit limit of £1000 and it wasnt increased. however they agreed it should never of been opened. Ihave received a breakdown of interest and charges refund including the 8% simple interest however I feel the 8% simple interesr appears low considering I had opened my account in febuary 2013 balance remaining on my credit card at the time of the refund was only £30 does this amount look low.
Interest refund £1757.72
fee refund £331.39
goodwill gesture 8% £562.71
withheld tax 20% £112.54
Thank you
Sara (Debt Camel) says
Yes it does. Ask them how they have calculated it.
Za says
Hi on behalf of my husband I wondered if I could start a claim for him (through his accounts) all of his debts have been sold to lowell, moorcroft, bw legal and a few others, he’s had various credit cards with vaniqus, 118, marbles plus a marbles loan also safety net credit. All of them were defaulted as struggled to pay due to the other cards, he did try and ask for plans but they sold the debt on. The only one that agreed to a plan whilst with the company still was safety net although when they took the repayments back always left him borrowing more from them because it left him hard up, could he claim?
Sara (Debt Camel) says
Yes he can make a claim. You can Do this fir him but he will have to authorise you to do this and it may be simpler if you write The emails/letters and he sends them?
The complaints go to the original lender, not the current debt collector.
Safetynet credit is one of the easier firms to win a complaint against – use the payday loan template here https://debtcamel.co.uk/payday-loan-refunds/
Ross says
I’m pleased to report that the ombudsman has just made a final decision, on my Newday complaint, and has agreed with what the adjudicator recommended. I consider myself lucky, as I was bracing myself for a lengthy wait but, it’s only been a matter of weeks, since Newday rejected the adjudicator decision, after asking for it to be reviewed again, and asking for further time to deliberate on his conclusion. Now time to wait for the calculations, which I will be studying carefully, before accepting anything.
PAULA says
Hi Sara I put a irresponsible lending claim in to Nationwide May 2021 it was picked up by the adjudicator in January this year she did find in my favour stating for Nationwide to refund me the interest and 8% statutory interest I was very pleased but since then things have gone wrong she instructed Nationwide to reply by the 4th Feb they did not they asked for an extension until 10th feb that came and went then they asked for extension to 10th march I said I felt they were stalling and that as they hadnt replied my complaint should go to the ombudsman to give his final review but the adjudicator said it was fair to give a business time to reply she also said my complaint was part of a bigger review that Nationwide was doing to see how they handle customers complaint since then I have emailed several times I am getting the same reply waiting for Nationwide to finish their review she also said her office was aware of the situation and my complaint was included in this review last time I heard of her was 21st April 4th of May I sent another email to say my concern as part of this bigger review there could be dozens hundreds of people like me all waiting for everybodys reviews to be done the same time my concern then that Nationwide will come back disagree with her decision and then I have to wait several months for it to go to the ombudsman is there anything I can do thank you
Sara (Debt Camel) says
So FOS is allowing them more time in the hope that they will decide to accept these cases. It’s annoying but it may well be the shortest route to a result for you.
AL says
Hi Sara, just an update for you. After very failed to respond to the adjudicator it got sent to ombudsman but within 3 days of that very agreed with the adjudicator so just waiting for their calculations. Barclaycard have had adjudicator decision for just over a month now and keep responding with ‘they have to have an update soon” so I think if they don’t respond one way or another then I will ask for it to be sent to the ombudsman next week.
Las says
Hi very have agreed with my adjudicator 2, but it’s been over a week and I have had no correspondence from them? Have they been in touch with you to tell they are doing calculations or is that just correspondence from adjudicator? My adjudicator said it could be up to 8 weeks is that correct Sara?
AL says
Hi Las, I’ve had no response from very yet (only been about 5 days). My adjudicator said if I don’t hear from them within 4 weeks then I’m to let my adjudicator know
R says
Hi all,
My adjudicator confirmed, yesterday, that he had received my confirmation of me accepting (in my favour) the ombudsman’s final decision against Newday. Could anyone, who has been in a similar situation, please let me know how long Newday takes to start giving calculations etc…. I’m in no rush but, I just want to manage my expectations which, based on the farce (so far), aren’t incredibly high! He said that I should contact him, in the event I haven’t heard from them, within 4 weeks, or if there’s an issue with the settlement amount (which I DO expect). Thanks, in advance, for any responses.
Andrew says
Hi, im in the same situation as you, have you had your refund yet? did they send you a breakdown of it?
thanks
Shell says
Hi sara I sent my JD Williams case off to the ombudsman he has just got back to me after nearly a year and said jd Williams will uphold 4 accounts from 2016 to 2020 it will refund all payments made plus interest & 8percent would you accept this offer also this caused a lot of distress should that be taken in consideration thank you
Sara (Debt Camel) says
So all payments from 2016 are being refunded? Not just those over a certain credit limit?
Do you think the 2016 date is fair?
Were the accounts closed or defaulted in 2020?
Shell says
Sorry I didn’t see your reply Sara yes that’s correct from2016 onwards it said but the two accounts what are not upholded were accounts made after the defaults they went to cobaot & Lowell but they closed all accounts due to mental health issues and I think up untill 2019 but the two other accounts were applied for after these dates but not upheld please help lol
Shell says
It says they uphold 4 accounts should not have had credit increases from June July August 2016 and will pay all payments made & interest and 8 percent from then onwards also one account was out of date 2 accounts were applied for around 2018 which they’re have said they will not uphold I my opinion I have had 13 accounts which all accounts went in to defaults but Lowell closed them all due to mental health issues but they haven’t said how much money I would receive ombudsman said when I accept the offer then we will be told is this right also we thought the ombudsman would look at distress caused by this company
Sara (Debt Camel) says
Then that doesn’t sound good, does it? I can’t image why they would not pay out on the two new accounts opened in 2018.
And what about the other accounts?
You could go back and say you will accept a refund on ALL of your 13 accounts from 2016, otherwise you would like FOS to make the decision as you don’t think their offer of just 4 is reasonable.
Shell says
when I asked the ombudsman he said he didn’t know all my details but if I was not happy then he would continue his investigation I will phone him again tomorrow and try and get some more advice before I sign & agree but I definitely think I have more accounts then they have stated but with the word onwards I thought that might mean till the very last one I am just unsure what to do thank you for all your advice
Sara (Debt Camel) says
Explain that you think you had a lot more accounts.
Lorraine says
Hi Sara
The investigator has heard back from very and before they can take it further she wants to know
Why did i put claim in now when it was opened 6 years ago
Why do I think its irresponsible lending
What do you advise
Sara (Debt Camel) says
Explain that 6 years ago although you knew the repayments were high and causing you difficulty, you thought this was your own fault for being bad with money and you didn’t know that Very should have checked the limit was affordable for you. So you didn’t realise you had any cause to complain.
Also say a bit about HOW and WHEN you found out about these complaints. Point out that you then made a complaint soon afterwards.
Lorraine says
Thanks Sara
David pearn says
I recently put in an affordability / irresponsible lending complaint to Newday (for an aqua and a marbles card). Just waiting for a reply but i ntice that i have a new notification on my credit report saying both these accounts will be removed for my next report. However, bith accounts ran from 2015/2017 up until 2019 / 2020 so arent over the 6 years that they should stay on my report. Anyone know why Newday would do this ?
Sara (Debt Camel) says
I hope you have downloaded a copy of your credit report with this acco7nt on that you can keep.
David pearn says
I did take a screenshot for reference, but just wondering why they are being removed from my credit history when they should stay for 6 years from the last active dates in 2019/2020. There wasnt any negative data on them, just always at their limits until i paid them off in full from payday loan redress and closed them… is this Newday upholding my complaint and remiving the data from the credit agency or am i wishful thinking ?
Sara (Debt Camel) says
It could be.
Caitlin says
Does anyone have an email address or a way to contact very over this?
Sara T says
I sent mine to this email, he confirmed receipt and forwarded to his team. ExecTM@theverygroup.com
AL says
Hi Sara, another update from barclaycard. My adjudicator sent me an email saying…..
‘Barclaycard have been in touch to inform me they provisionally accept my further view of your complaint and they are reviewing what the settlement means for your account. They’ve said they should be able to let me have a further update by 6 June’. Does this mean they have accepted or is it just another stalling tactic?
Sara (Debt Camel) says
I haven’t heard of this happening. But my guess is it will be OK! let me know!