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 it too high.
You may have a good complaint that the lender was irresponsible in allowing you to borrow so much that the debt was unaffordable. This applies even if you made every payment on time, as you may have borrowed more elsewhere.
This article explains how to complain and ask for a refund of the interest you have paid.
Contents
What is “affordable”?
The regulator’s rules
You may have made every payment on time, but the debt is still unaffordable.
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 £400 credit limit doesn’t have to go into so much detail;
- a lender should also make checks before increasing a credit limit;
- credit isn’t affordable if paying it leaves you short of money for your bills, normal expenses, and your other debts;
- if you have to borrow more most months, this would not be affordable;
- you must be able to repay the balance within a reasonable period. Paying the minimum amount is OK for a while, but not for a long time.
Good reasons to complain
If the lender could see any of these on your credit record, they should probably have declined your original application:
- 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;
- 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, any of the following should have also warned the lender you were in difficulty already:
- making minimum payments for a long while;
- making a minimum repayment but then using the card to pay for food or petrol so the balance never drops;
- using a lot of your limit for a long period;
- significant gambling the lender was aware of (this could be gambling on your bank statement if the credit card lender was from the same bank);
- recent missed payments or an arrangement to pay on this account or any others on your credit record;
- your overall level of debt on your credit record has increased.
When your lender increased your credit limit, you don’t need the exact dates before you start your complaint – my template asks for the details.
0% balance transfers
Here the lender should check that you would be able to repay the whole limit within a manageable length of time (say 5 or 6 years) taking into account the interest that will be charged when the 0% term ends.
So if you were ok during the 0% term but then you couldn’t afford the payments when interest started being added, you can complain. Ask for any interest to be refunded and to be able to repay the rest with no interest.
How 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 for the banks and major lenders.
Template to use
I’ve invented some examples so you can see how a complaint should read. Change/delete the bits in italics to tell your story.
I want to complain about irresponsible lending for my Barclaycard account number 987654/444.
My date of birth is dd/mm/yy. The email address I used for this account was myaddress@whatever.com.
Only put this in if you think the lender may have an old address for you
I have moved and my home address is now xxxxxxxxxxxxxxxxxxx. Please do not send any letters to any older addresses on your system.
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 2018, you should have checked my credit record and would have seen I had recent missed payments to a credit card and a default only two months before on a loan.
AND/OR say that they should not have increased your credit limit:
You should never have increased my credit limit in 2021. At that time I had only made minimum payments on this credit card for a long while and/or I was using a very high level of my credit limit.
If you had properly checked my credit record before increasing my limit, you would have seen that in the two years since my account with you was opened, I had got additional late payment markers and defaults and/or taken out a lot of other credit. This should have warned you I was struggling with my finances and it was not responsible to lend more. By increasing my credit limit you made my financial position worse. Instead you should have offered me forbearance by freezing the interest on the card.
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
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 2021.
I would also like any late payment and default markers to be removed from credit records after this point.
Think about these points before complaining
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 six years ago and say the ombudsman won’t look at them. But FOS will often look at these “old” accounts if they have still been open within the last six years, although you may have problems producing bank statements or other evidence from a long while ago to show that a limit was unaffordable.
If your account was opened in 2015 but the lender increased your limit in the last six years, then those limit increases can definitely be looked at. And you can always get bank statements going back six years even from closed bank accounts.
A better approach for old defaulted 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, this isn’t the lender’s fault. here you may still need help to get interest stopped on the cards – talk to StepChange or National Debtline.
Don’t be put off by a rejection or a poor offer
Lenders often reject good cases
If a lender rejects your complaint or offers a low “goodwill” gesture, don’t be fobbed off – they want you to give up.
Here are some bad or irrelevant comments lenders sometimes make when rejecting a complaint:
- you had made all the payments to them on time – that doesn’t mean you could manage a higher limit;
- the account was opened over 6 years ago – if it was open in the last 6 years the Ombudsman may look at it;
- you accepted the limit increase – they still shouldn’t have offered it if it was unaffordable.
You know if this card or catalogue has caused you difficulty – it’s easy to send a case to the ombudsman. Don’t delay doing this!
How to send a case to FOS
Send FOS a complaint using their online form. You can use bits of what you put in your complaint to the lender. If the lender has rejected your complaint or given a poor offer, say why you think this wrong.
The FOS form at the end asks you to add supporting documents. Don’t worry if you don’t have A copy of your credit or finance agreement – lots of people don’t. 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 old credit reports, send the oldest one you have, otherwise send the current one. You can download a statutory TransUnion report for free.
Also get your bank statements if they will support your complaint and send those to FOS too.
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?
Emma Wilson says
Hi,
Im after some advice please. I complained to the ombudsman about a now closed £1500 fluid credit card. They agreed with me and NewDay agreed with the adjudicators decision to refund. For the past few months i have been trying to retrieve statements from NewDay to see the total amount of interest and charges i paid. I have tried via email letter and phone and they either knew nothing or said someone would call back.
Since they agreed with the decision i have requested a settlement figure and details of any tax deducted as is my right. They will not give me this and have since put £100 into my bank account randomly which does not come close to what i am owed back. The ombudsman is not replying to me and neither are NewDay. I have had no correspondence just a random measly payment…
What do i do?
Sara (Debt Camel) says
I suggest you do two things at the same time.
1) send an email to dpofficer@newday.co.uk and say you have asked for copies of your statements from Newday for the account (give number). The dates you want are Feb18-Oct21 [or what ever]. Say they have been ignoring your request so you now want to make a formal Subject Access Request for your data.
2) send Newday a complaint to complaints@newday.co.uk saying you heve several times requested a breakdown of how they have calculated a refund and details of the tax deducted, but so far they have not provided them. Saty if they do not provide these , this complaint will be coming to FOS with a request that you should be paid compensation for the time and effort this is causing you.
Fraser says
BACKGROUND – Advised to raise an irresponsible lending claim. Done providing as much detail & proof of circumstance. Lender kicks back (too late). FOS involved, lender backs down, dealt with positively quickly & painlessly, queried the interest/charges refund being offered (too low). I provided actual figures as detailed in statements. Response, write off the balance left as a goodwill gesture. Lender confirms to FOS adjudicator, now in process of buying debt back from Arrow.
SECOND CLAIM – Partner has a virtual mirror copy debt, her name, slightly higher. Claim raised using same detail & proof of circumstance I used. (Jointly named on mortgage debt, priority bills, court/repossession orders)
After rejecting a low partial refund, lender refusing the FOS to look into the matter citing ‘being too late’. Being asked to explain: 1) why claim wasn’t raised before now? 2) How we became aware of ability to raise a claim? 3) Why a complaint wasn’t raised when mortgage was in arrears?
MY QUESTION – Should I initially only provide the information they want, if so how should I answer Q3?
Or, should I go straight to making reference to my own apparent successful claim as setting precedence as both claims use the same circumstance and proof provided? (My claim is still being concluded with debt buy-back, write-off, etc)
If making reference to my own successful claim, could they then somehow change their intentions as advised to FOS to conclude my claim?
Sara (Debt Camel) says
Who was the lender for your claim? Same lender for hers? Were they both credit cards?
Fraser says
Yes, same lender (Vanquis), both sold to Arrow within days of each other, and both relate to credit card debt.
Both claims a virtual mirror copy of debt, situation and circumstance, hence utilising the same details and proof for both claims.
The only difference is, each credit card was in each of our names, partner’s debt £600 more than mine, her account opened 4-5 months after mine, over 10 years ago.
The difference in how claims were/are being handled:
My claim got an initial kickback by lender for being made too late. Put to FOS, without any more communication immediately told agreement reached for charges/interest to be refunded since the account opened. Queried refund offered, advised balance will be written off. Apart from me raising the claim I had very little involvement in the outcome (assuming because of the proof provided).
My partners claim received a partial offer ‘from point of the last of the 6 credit increases’ lender immediately instigated buying debt back. As both claims are mirror copies and outcome of my claim put to FOS, lender not agreeing to the claim being investigated?
Sara (Debt Camel) says
There dies seem to be a random element to how some lenders decide claims.
Your partners claim – was only one of the limit increases in the last 6 years?
Fraser says
Correct, only one of the limit increases was within the last 6 years. yet all my increases were well outside of 6 years.
I’m aware that primarily it’s down to the opinion of who initially deals with the claim.
This was why I was seeking guidance, if should I just answer the questions as they are asked, to go through the whole process. Then if having got nowhere via the adjudicator go to the ombudsman where I could cite the success of my claim which could be concluded by then i.e debt bought back, interest refined applied, balance written off. (this afternoon received written notification Arrow have instigated a debt transfer back to Vanquis)
Or, put the argument upfront citing their 100% approval of my claim being precedence to my partner’s claim?
My thoughts re upfront argument:
1) If I then had to put it to the ombudsman, I could be arguing the exact same points as to the adjudicator.
2) Could this somehow affect my own claim, currently not concluded?
3) Could they renege on my claim? (concluded or not)
Sara (Debt Camel) says
did you both put in claims at the same time? if not, how much later was hers?
when were the arrears on the mortgage?
Fraser says
My claim was submitted first and a month later hers was submitted, as I had a feel for how my claim was going.
Arrears began accumulating on the mortgage a number of years prior, reaching substantial/excessive levels (between 9k to 16k) at the point both credit card accounts were opened, and throughout the various unsolicited credit increases on each account.
The proof supplied in making the claims was detailed and comprehensive to prove the situation at each point of accounts opening and each subsequent credit increase.
Sara (Debt Camel) says
Nomrally there is little point in mentioning similar cases.
But this one seems almost identical and there is a very short gap between them so it is worth a try… You could reasonably say the only difference is that her claim is larger (correct?) and it is not treating a customer failry to reject a complaint because of that.
It is as well to know the fall back position if this is rejected and if FOS decides that it can only go back 6 years. Just in case. Here you want to argue for a full refund from the point the credit limit was raised in the last 6 years, not just a partial one that assumes that the previous limit was OK.
Fraser says
Yes, correct her claim is larger.
Currently, whilst compiling a response to get back to the FSO, erroneous errors have been identified with the lenders’ final response:
– Different dates have been used for when the account was opened. (up to 3.5 years apart)
– The partial settlement offer has been based using the wrong date for the last credit increase. Elsewhere, the letter refers to an earlier date, 4 months before this as when the last increase was applied. This earlier date puts things outside of the 6-year window, in checking monthly card statements the last credit increase only physically first appeared nearly 3 months after and 6 weeks before the dates suggested, again this puts things outside the 6-year window.
Is a lender’s final response, technically classed as a legal document? Can errors within it be detrimental to either side i.e. irresponsible lending claim made in progress?
Any suggestions on how I might best answer their question: Knowing the mortgage was in arrears, why wasn’t a complaint raised with the card lender when they opened the account and applied increases?
Sara (Debt Camel) says
I am confused. When did the last credit limit increase actually happen? When are V saying it did? what is the date on the credit record? and what date did the case go to the ombudsman?
Fraser says
Sorry for any confusion
Within the lenders ‘Final Response’ it details a table of dates for initial borrowing and when each subsequent credit increase supposedly occurred.
Showing Feb 2016 for initial borrowing, when it was actually Sept 2012, going on to show various dates for credit increases over the 2013, 14 & 15 periods, with the final increase being in July 2016. Also, within this table is an Outcome Column saying Out of Jurisdiction or Upheld against each borrowing level – It has ‘Upheld’ against the last 3 credit increases???
Unable to confirm date of last credit increase via a credit report, as I cannot locate earlier report, then debt disappeared from all reports once Arrow Global bought debt. I’ve checked the credit card statements and the last credit increase first appears at the start of Sept 2016
Further in the Final Response, it goes on to say the complaint is being upheld from the point of the credit increase towards the end of October 2016??? (Which on first sight is what I took as being correct, i.e. culminating in a partial settlement and when raising this post)
Complaint put to Lender mid-October 2022, final response received mid-November 2022
Complaint put to FOS mid-November 2022
Sara (Debt Camel) says
Of all that only “Also, within this table is an Outcome Column saying Out of Jurisdiction or Upheld against each borrowing level – It has ‘Upheld’ against the last 3 credit increases???” looks worth mentioning to me.
“Knowing the mortgage was in arrears, why wasn’t a complaint raised with the card lender when they opened the account and applied increases?”
Because at that time you knew your finances were difficult but you were just trying to get through to the next month. At that time you had no idea a credit card lender should have assessed affordability, so so had no reason to think they had done anything wrong and were unaware of any reason to complain. [assuming all this is correct of course]
Sam says
Just a note for all those with a Very (Shop Direct) debt.
I went into a DMP in 2018, all of my other creditors defaulted me except for Very who argued that because I had entered an arrangement with them meant that I hadn’t defaulted and they would keep my account as “arrangement to repay”. This meant that rather than the account dropping off my credit file in 2024 it would continue to show for 6 years after it was paid off which would be 2035.
I made a complaint to Very which they rejected entirely.
I approached the FOS and the recommendation was for the default to be applied 2 weeks after I entered the DMP but no compensation. Very has now changed their position from rejecting backdating the default outright to defaulting it to 6 months after I entered the DMP.
They could’ve agreed to backdate to 3 months after entering DMP but they are saying 6, there’s still no compensation but I am fine with that I just want the default backdating, the fact they are backdating it to the latest possible time says a lot about them especially since there’s no compensation – it’s costing them nothing but they want to make it the most painful as possible to me it seems.
During this process I searched ombudsman decisions and found multiple others who have been in the same position where Very are marking them ATP. I believe this is a deliberate action on their part because they do not want the debt disappearing off the credit report before they have been paid in full.
Helen S says
Just as a little update, my Lloyds credit card was picked up very quickly by the adjudicator and i had a decision within a few days. (She was an incredibly kind woman, could just tell in her communication). She upheld & has asked Lloyds to pay me all the interest and charges since 2017! I think thats around 5.5k so absolutely thrilled!! Will pay off my 4k balance and a bit for me! Hope Lloyds agree and this doesn’t drag out to an ombudsman decision.
Santander are looking into my complaint, lets see what they say in 7 weeks.
Sara (Debt Camel) says
Fingers crosssed for you!
Helen S says
For those in similar situations, Lloyds disagreed with my adjudicator x2 and it went in the queue for ombudsman decision. Around a week later, Lloyds changed their mind and agreed. Today they agreed to pay the 4k balance, close down credit card & pay me 1k via BACS to normal account. A great win!!
Sara (Debt Camel) says
Oh that is good news!
leigh says
Hi
Does anyone have the email address of shop direct to lodge complaint about unaffordable lending relating to very, littlewoods & woolworths
Sara (Debt Camel) says
See this list https://debtcamel.co.uk/email-addresses-banks-credit-cards/
Jane says
Can anyone help me with the latest reply from the ombudsman? And how I could challenge it further?
“I’ve thought about all of these issues in the individual circumstances of your case, and I don’t think Barclays Bank irresponsibly provided your loan to you. I’ll now explain why.
With reference to loan ending XXXX, I think the lender should’ve taken steps to build a more detailed picture of your financial situation. This could’ve included performing a credit search at the time of lending. I can’t see that it did this.
Normally, I’d consider this information to see whether the business would’ve found anything concerning which might have affected its decision to lend. However, you’ve not sent us this information – so I’ve been unable to determine what Barclays Bank would’ve seen had it conducted proportionate checks.
If you’re able to provide this information, please send it to me by set deadline and I’ll consider whether it makes a difference to your complaint.
I understand that loan ending XXXX is currently outstanding. I’d like to remind Barclays Bank of its obligations to treat you sympathetically and positively if you’re having difficulties repaying the loan.”
Sara (Debt Camel) says
how long ago was this loan taken out?
Jane says
It was taken out in October 2018
Catherine says
They have said that they think Barclays should of got a better understanding of your financial situation but you’ve not provided evidence on what they would of seen if they had checked statements etc so I suggest you send them the statements or details of debts you also had at the time.
If you don’t send evidence they can only make a decision with what they have which might not be enough to make them uphold.
Jane says
Apparently they have all the statements and have looked at them I asked if they required any further info and he told me no so that’s a bit frustrating.
Catherine says
Say they already have statements and Maybe highlight debts you had on the statements.
Do you not have a credit report showing situation?
Did you have a lot of other debts,missed payments,arrangements to show you were already struggling.
I don’t know your situation but it may be that that was nothing obvious in your evidence to prove that lending by Barclays wasn’t affordable.
Sara (Debt Camel) says
OK then if they have the statements, they need to see a copy of your current credit record (or an older one if you have it, but if not a current one is fine.)
You should be able to download a copy of your TransUnion Statutory Credit report. See https://debtcamel.co.uk/ppi-payday-refund-get-back-tax/ which explains this.
If this may take some time, go back to the Ombudsman immediately and say you will be getting this and point out that the adjudicator never asked you for this information.
Jane says
I couldn’t see much on the TransUnion report from 2018 but managed to look at one from the money saving expert site which seemed to have more detail which shows all the other debt around that time. We moved to a new house with a higher mortgage and bills 6 months previously – should I mention that? We went onto a DMP less than 2 years into the loan. I’m not sure the best way to word these things that will help me?
Sara (Debt Camel) says
can you download the MSE one? If you can’t, the MSE one is based on Experian data, so you could get the Experian Statutory Credit report. https://www.experian.co.uk/consumer/statutory-report.html
You can send any credit report.
Jane says
Yes, I have it downloaded so all fine with that :)
It’s just how to put everything into words to the obudsman I’m struggling with if you can help at all please? Or will just sending the credit report be enough?
Sara (Debt Camel) says
The Ombudsman is looking for “whether the business would’ve found anything concerning which might have affected its decision to lend”
So you could just send the credit report. Or you could do that and also point out some items on it – you are looking for things which happened before the loan application so if Barclays had checked that they would have seen them.
Useful things could include, any defaults or missed payments or CCJs – the. close to the loan application date is usually better (but not in the few weeks before as they may not yet have shown op on your credit record when you applied).
Also new applications for credit and borrowing more on credit cards. If you had been in a pattern of increasing debt before this loan, Barclays should have noticed it.
Were Barclays your bank?
Jane says
Thank you. Yes, Barclays were my bank and I had a huge credit limit on a Barclaycard too as well as other credit cards.
Sara (Debt Camel) says
Did you have an overdraft? Anything Barclays should have seen not just from your credit record but from your bank statements – increasing payments to debts, reduced income …. Mention those too.
NJ says
Hi,
I’m wondering about the best option for my situation. I had reached the conclusion that a DRO was the only way forward for me (I have approx £29,000 in debt), but I have just discovered the option via your website for making an affordability complaint.
I expect that this would apply to at least two credit cards and two overdrafts (all with Natwest) that I have had for a long time, and possibly some other creditors. I have a few questions:
– I have some other credit cards that, based on the extent of existing borrowing, should never have been given to me. Eg with New day, Capital One. and MBNA. All this info was on my credit file. Is this grounds for an affordability claim?
– I have borrowed to get out of debt and have been stuck in this vicious cycle. There have been fluke times when I’ve paid some of my debt down, only to find it unsustainable, and debt has crept back up again. If I’ve paid credit cards down at different times, does this go against the eligibility of an affordability claim?
– I’m concerned that even if I was to recoup some of the interest charges, this still wouldn’t resolve my debt situation, which is approx £29,000 of debt across a variety of creditors.
NJ says
Following on from my last comment, I wonder if it is worth delaying the DRO a month or so to pursue this, or not to bother. I am feeling an urgent need to get on with things and remove this noose from my neck, as I’ve been trying to find an adequate solution for almost a year, which has been really tricky with a variety of issues including housing instability (which is now resolved). At the same time, a DRO is a 6-year decision, and if there was another way, I would prefer it, but bearing in mind my affordability is very low.
FYI the types of debt I have are:
8 x credit cards (2 x natwest, 2 x MBNA, 2 x New Day, 1 x M&S bank, 1 x Capital One)
2 x overdrafts (both Natwest)
£7000 covid bounceback loan (Natwest)
HMRC debt
Appreciating any thoughts on this.
Many thanks
NJ
Sara (Debt Camel) says
So you are self-employed? I suggest you talk to Business Debtline about your situation https://www.businessdebtline.org/ – they can help with both the business and your personal finance problems.
They can set up a DRO if you decide that is right for you.
29k of debt is a LOT to try to clear through affordability complaints. You could spedn 6 months and have some successes but still owe a lot more than half of it…
And a worry is that there is a 30k limit on DROs, so your debt doesn’t have to go up much for you to go over that limit.
NJ says
Thanks Sara. That’s right, I’m self-employed. I’ve recently been in touch with Business debtline, so am going down that route. This is helpful perspective and speaks to what I was wondering. Thank you.
NJ
Lauren says
Hey, i wondered if somebody could offer some advice or has any contact information for Paylpal Credit – i submitted a complaint via there message centre on their website with my irresponsible lending claim however i have heard nothing back – this was over 14 days ago and their website states acknowledgement within 10. i have spent HOURS on hold to never get through, i wondered if anybody had an email address for them so i can check to see if they received my complaint?
Thank you,
Lauren
Sara (Debt Camel) says
try ppelce@paypal.co.uk and let me know if that works!
Kim says
Hi Lauren,
I’m in same boat as you! I called 0800 3687155 and asked to speak to the complaints team as I hadn’t got as much as an acknowledgement they escalated it and I got an acknowledgment saying it’ll be investigated and I’ll receive a reply within 8 weeks. I think they like to make it awkward to complain in the hope you give up. I’ll be keeping on at them though.
Emily says
Hi Sara, I’m wanting to know whether it’s worth making an affordability complaint or not. I opened my account in July 2021 with a starting balance of £2,200. I had already 2 defaults on my credit file at that time. I recently had a balance of around £1200 but paid this off by getting a loan. Due to gambling, I recently took out several money transfers through my Aqua account:
18th January- £300
19th January- £600
23rd January- £200
24th January- £300
28th January- £300
30th January- £600
My current balance now is £918 and I can’t afford to pay. My account is on hold for 30 days with them, and they have told me to apply for a medical write off which I have done, as I’m not very good at managing money and have ASD. I am still awaiting the outcome of this. I believe they shouldn’t have let me do so many bank transfers in a short space of time. What do you think? Thank you
Sara (Debt Camel) says
I think a medical write off may be simpler. But if that is rejected, try making this complaint.
What is the rest of your debt situation like? Was the loan you too to clear the Aqua account high interest? What other debts do you have that you could make affordability complaints about?
Emily says
Hi Sara,
Thank you for your response. I should find out by next week about the write-off. Yes the loan was to clear the high interest. I have two other credit cards that are currently interest free with around £1100 on. I have three loans (one car finance with Santander), one of them ends this July. If the write-off isn’t accepted, is it worth trying to get a settlement and a relative paying this? Thanks
Sara (Debt Camel) says
It’s unlikely that Aqua will accept a low settlement on a very recent debt you haven’t even defaulted on.
Kyle (previously tent guy) says
Hey quick question. I sent an affordability claim to Aqua about two weeks ago. My complaint is about my Aqua credit card that I recieved roughly April 2017. I had loans out then that I won all the affordability claims on throughout till 2020. I didn’t know I was able to do this for credit cards up until I saw this blog. I thought it was only for loans. My question is, will I be out of time seen as it will be 6 years in April/May? Because I’m assuming Aqua will drag their heels with a response to my complaint. Can’t they drag their heels long enough for it to be over the 6 years limit and then say no? And if so can I send it directly to ombudsman before the 6 years is up? Thanks in advance.
Kyle
Sara (Debt Camel) says
did they increase your credit limit at any point?
Kyle says
Hey Sarah.
Yh they started off with £450 I think, then went to £1200 after like 4/5 months, then £2200 in like 4/5 months again, then £3000 after about 6 months. All the while I was spending at the limit and going over and such. Loans out, pay day loans.
Sara (Debt Camel) says
You cannot send this to FOS before Aqua have had it for 8 weeks. At that point you can send it whether they have replied or rejected/made a poor offer. So you may be in time at that point? Don’t delay!
If the account opening is more than 6 years before the case is sent to FOS, Aqua may object.
In that case FOS will make a decision about whether it thinks you should have complained earlier.
BUT in any case you can still take the complaint about the credit increases forward, even if the original account opening is excluded.
Kyle says
Hey sarah,
Thanks for your reply. That was going to be my second question. If the initial opening was excluded coz of the 6 year time limit. Would I have to send in a separate new complaint about the increases or would they just still look into it and exclude the initial opening of the credit card account that’s within the 6 year limit?
Thanks again
Thank you
Sara (Debt Camel) says
I assume your complaint covered all the limit increases?
Kyle says
Hey Sara,
Yeah I included all limit increases.
Sara (Debt Camel) says
Then if they reject it all, send it to FOS.
Mara says
Hi Sara,
I hope you are well.
I heard back from Adjudicator investigating my Barclaycard complaint. Unfortunately, I saw it just today (it went to spam). Apparently, I need to go back to them by 14.02.
I was wondering if you can advice on below. Questions are:
Why have you not raised a complaint about Barclays credit card before 27 October 2022
What event happened which made you think that Barclays may have been partially responsible for your situation
I have realised that I can raise a complaint myself only last year (rather than just getting automatic refund). My first complaint was raised in the beginning of 2022. I have raised it because of this website. Is it something that I can say?
The problem with second question is that I don’t remember when was my limit raised or have I been granted 1000 pounds credit card right away. My overdraft limit was granted around same time (Spring 2012). My bank statement shows that I was taking a lot of cash, I have had failed payments for gym and Saving account (150 per month was bouncing back). I have had Barclaycard for over 10 years and its still not paid off in full. I was making minimum payments most of the time. What is the best way to answer the second question? Any kind of advice would be very much appreciated.
Thank you in advance
Sara (Debt Camel) says
I have realised that I can raise a complaint myself only last year (rather than just getting automatic refund). My first complaint was raised in the beginning of 2022. I have raised it because of this website. Is it something that I can say?
Yes you can say that. Add that you have made this complaint within 3 years of becoming aware that you had a reason to complain.
What event happened which made you think that Barclays may have been partially responsible for your situation
You complained as soon as you were aware tha Barclays should have checked for affordability. Most people say that until they found out about these complints, they didnt’ realise the lender was partly responsible, they thought it was their own fault for borrowing too much. So it doesn’t really matter what the dates of the credit limit increases were – you still only realised Barclays were partly to blamem when you found out that they should have checked the affordability in 2022.
Mara says
Thank you so much, Sara!
I will send them the reply today 🤞
John says
The FOS has asked me (in relation to part of my complaint that goes over the 6 year limit) if there are any exeptional circumstances which stopped me complaining in time that I wish to put to them for consideration.
I can say that I did not not know about such claims until I stumbled upon your site in 2022 – what circumstances do they consider?
Sara (Debt Camel) says
Exceptional circumstances are pretty rare – being very ill or in prison, that sort of thing.
But you should argue some more that you have only recently found out about these complaints. see my reply to Mara above.
Darren says
I tried this with both my Vanquis and Capital One cards recently and both were rejected due to the time limits. Told them I recently found I had grounds for a complaint butr they picked dates that they felt I should have complained by.
Kyle says
Did financial ombudsman reject it or the card companies?
Darren says
FOS did. Both companies won’t allow them to look into it and the ombudsman agreed.
Sara (Debt Camel) says
And was this an adjudicator decision or from an Ombudsman
.
AQ says
Hello Sara,
I wanted to ask can I register an affordability complaint to MBNA. I took this card in 2016 and since then been nearly to the limit. Even after making the minimum payments every month I use the remaining balance whichever is left and which wouldn’t take me over the limit. Initially I used that card for some gambling as well which will show in the statements but for the last couple of years or so can’t use credit card for gambling so it won’t show in the statements as used to transfer money to Revolut and then gamble. Is it worth trying asking for interest refund. Thanks
Sara (Debt Camel) says
how large is the limit? Do you think this was too high a limit set in 2016?
AQ says
Initially it was £6500 and then I can’t remember how but I was able to pay off the card , most probably would have won in gambling and they decreased it to £5600 but it was gone in few days. I think it was very high limit.
Sara (Debt Camel) says
Do you know when they cut the limit?
AQ says
February 2021
AQ says
is it worth trying
Jax says
My MBNA saga continues. Adjudicator found in my favour back in July last year. The debt was defaulted in 2020 and sold to PRA group. MBNA finally paid the redress owed in October which did leave a small balance to be paid. I have been in contact with PRA since last August about the removal of the default from my credit file. They kept telling me that they had contacted MBNA and were waiting for a response. Last week I raised a formal complaint with PRA and they have responded this week. Miraculously MBNA finally got back to them on 10 February, the day after I had made my complaint to PRA. It only took them 6 months to reply.
Jax says
PRA haven’t upheld my complaint. They said that the adjudicator decision states that ‘adverse information as a result of interest and charges’ should be removed from my credit file. MBNA said that the account would have defaulted anyway and wasn’t as a result of the above. I have no idea how they have reached this conclusion. I went back to PRA and said that the letter also states I ‘should be put back in the position’ I would have been had the card not been granted in the first place and as this wasn’t on my credit file before I had it, then it should be removed.
I emailed the adjudicator who has told me to raise a new complaint with FOS. Now another long wait ensues and I am very unhappy.
Sara (Debt Camel) says
if your new FOS complaint, say clearly in the first sentence that you are complaining because your previous complaint, upheld by FOS, has not been correctly settled.
Jax says
Thanks Sara, I’ll do that. Hopefully that will reduce the wait!
AL says
Hello Sara,
I recently found on an old bank statement a loan from Barclays that I had forgotten about. The loan repayment was £172 per month and at the time I was only getting £400 wages to live on. I also had other debts to pay out of this. The trouble is I can only access bank statements back to Dec 2009. I don’t know when the loan was initially take out or any of the details on it. How woukd I proceed with this? Would Barclays have this information if I ring them or should I just raise the complaint and state I’m complaining about the loan that I took out with them prior to 2009? Thanks
Sara (Debt Camel) says
Do you still bank with Barclays?
AL says
Yes I still bank with them. I phoned them this morning to try and find out the start date for the loan but they said they can’t access that far back. They did tell me that I opened my bank account in march 2007 so I’m guessing the loan was sometime after then. I also tried asking again for some bank statements form 2009 as I also found out I had another barclaycard then but they said they couldn’t access that far back either. I then asked them for a SAR but they said they didn’t know what that was. My finances at the time were terrible so it woukd have been a strong case for both the loan and the barclaycard but without any evidence like bank statements I’m not sure it’s worth pursuing?
Sara (Debt Camel) says
It can be hard to win very old cases because of lack of evidence.
To see what old data Barclays has about you, go through the “Request Your Data” link on this page https://www.barclays.co.uk/important-information/control-your-data/
AL says
Thank you. I’ll give that a try
AL says
I thought I’d try on barclays app chat and request the older statements. A bit strange but this time the person has said they are sending them out. She did have to check first that she wad allowed to send them out but I shall wait and see if they actually arrive first.
AL says
If possible does anyone know the email address to make a complaint for Aqua? Thanks
Sara (Debt Camel) says
See https://debtcamel.co.uk/email-addresses-banks-credit-cards/
SS says
A question on burden of proof for irresponsible lending and the ombudsman v courts.
It seems it’s us who have to show the lending was irresponsible, lack of affordability checks etc if we take a case to the ombudsman, and we are exposed to not being dealt with fairly potentially if we don’t have historic paperwork, but presumably if a lender takes you to court on a debt the burden changes, and they have to account for and prove their claim, how it built up, interest charges and so on, so we could attack each of those if it has happened, not itemised, not complete, not compliant with the law and so on.?
Presumably then too, just because an ombudsman claim didn’t succeed, that wouldn’t mean a defence at court wouldn’t, as we are defending a claim against us rather than making a complaint against a lender
Sara (Debt Camel) says
There are various reasons you could defend a claim. But if it comes down to affordability, then you may need to make a counterclaim for that rather than use it as a defence. I cannot advise on this.
Another problem is that it is very rare for a lender to take you to court. It is massively more common for the lender to sell the defaulted debt and the debt collector who buys to take you to court. But an affordability complaint is against the original lender not the debt collector.
And if you don’t have the paperwork to convince the Ombudsman, you may struggle with any court case.
SS says
Ok thank you, but I don’t see how a debt collector wouldn’t have to prove the debt at court, and quite convincingly., and that is by all the paperwork, properly itemised, the whole chronology basically,. Simply because they bought it from a card provider or someone that allegedly lent you money doesn’t prove the debt or the claim, only that they bought it
Sara (Debt Camel) says
Yes but you could not challenging them on an affordable complaint.
John says
Hi Sara
I have had a 118 credit card for years now £250 limit never increased but they say they don’t charge interest just a monthly fee for having the card.
When they offered me the card it was via email, one click and hey presto, accepted.. now during this time I was heavily using payday loans, constantly at my overdraft limit and a diminishing credit score. Surely there wasn’t any proportionate checks to see if I could afford this, and even now I have many late payments on this card to prove my point.
Do you think I have grounds to complain I shouldn’t have been offered the card in the first place bearing in mind I have already won an affordability claim against 118 for multiple loans within this time scale.
Many thanks John
Sara (Debt Camel) says
What is the monthly fee?
John says
£8 a month since 2017 and minimum payment of £15 Sara
Sara (Debt Camel) says
I haven’t seen this sort of situation before, but if you win an affordability complaint, the award is a refund of all interest and charges – so the fact it is monthly fee and not interest shouldn’t matter.
And if you had a 118 loan in 2017 when you got this card and that has been found to be unaffordable, I think you should complain and send this to the Ombudsman if it’s rejected.
John says
Thank you Sara has been niggling away at me as balance is still £100 and haven’t used the card for years now, can I ask where I send my complaint first as can’t find 118 listed under the credit card emails, as always thanks for your advice
Sara (Debt Camel) says
complaints@118118money.com
John says
Hi again Sara
Following on from this thread I sent my initial complaint to 118 and was told they would reply within a “maximum” of 10 days, I understand they have 8 weeks initially but as I hadn’t heard word back, curiosity got the better of me and decided to ring them.
I was told they had no record of my complaint even though I have proof via an email from themselves that they have, anyways the guy on the phone did not fill me with confidence that my complaint would be forthcoming, question is do I still have to wait 8 weeks from the date I sent the original email to send this to ombudsman or would you suggest putting my trust in their system and sit wait for a reply? Many thanks John
Sara (Debt Camel) says
You have to wait out the 8 weeks.
BECKS MASH says
Hi Sara
I have a question ……. Barclays have upheld a complaint against an overdraft saying they will refund fees/interest since March 2017 (this has all been sorted and refunded) as this was irresponsible lending. However them and the FOS have rejected a complaint against a Barclaycard they gave me in 2018. Surely I would have thought if they stated the overdraft was irresponsible then a credit card offered after the overdraft was would have automatically been deemed irresponsible?
Sara (Debt Camel) says
Is this an adjudicator decision?
BECKS MASH says
Yes it is an adjudicator decision
Sara (Debt Camel) says
then ask for it to go to an Ombudsman and set out what Barclaycard would have seen if they had looked at all the information they knew about you, eg you very high level of iverdraft that you were unable to get out of.
Lisa says
I put in a irresponsible lending complaint for a joint loan we had with everyday loans, they rejected it so sent to the ombudsman and the adjudicator has agreed it was irresponsible and have sent everyday loans their decision and have given them 2 weeks to appeal the decision.. My question is do they have to have good reason to reject, because I’ve got a feeling they will disagree with decision, just to slow everything down and to be as awkward as possible..
Sara (Debt Camel) says
They don’t routinely reject adjudicator decisions.
Lisa says
Do you mean everyday loans? or the ombudsman? Because the adjudicator found in our favour.. For what reasons could everyday loans reject the adjudicator decision?? Thanks
Sara (Debt Camel) says
Annoyingly Everyday don’t have to give a reason. But of course if they don’t, then the Ombudsman that looks at the case is likely to agree with what the adjudicator said.
Lisa says
Thankyou for you reply, I know they will definitely do that just to be awkward, I’d like to think it will all still go in our favour anyway.. We aren’t paying the full amount at the moment just my stepchange amount they have been phoning my partner to advise him to set up a dmp with stepchange
Sara (Debt Camel) says
can I ask if Everyday loans accepted this?
T says
Hi Sara,
Interested in this comment as I have recently had cases for which the adjudicator has agreed with my complaint and in the 2 week wait for the businesses to respond. Do they generally accept the adjudicator decision?
Sara (Debt Camel) says
FOS says that 90% of its cases are settled at the adjudicator level.
Sara (Debt Camel) says
was one of these cases against Everyday loans?
I am interested to know which lenders accepted the adjudicator’s decision?
Jax says
Hey, can you submit a complaint for Lloyds, MBNA and Bank of Scotland under one complaint as lloyds banking group?
Sara (Debt Camel) says
I haven’t been asked this before. Lloyds bought MBNA in 2016 – if your claim is about MBNA lending after that point, you can try!
Mr H says
Hi Sara,
About 2 years ago I had an ombudsman decision upheld against NewDay.
The decision was:
Close the credit card to further spending and allow Mr X to repay the remaining balance
at the current minimum payment level.
I have been paying back around £40 per month and have almost paid the balance off but note they have been applying interest still. My question is should they have still done this? As the decision was to close the card and allow me to repay at a level i could afford.
The decision itself isnt clear.
Sara (Debt Camel) says
Was this an affordability complaint?
Mr H says
Hello,yes it was
Sara (Debt Camel) says
and was it upheld in full or partially?
in particular, was there a refund for the period when your balance was over a certain amount?
Darius says
Just fyi they have the done the same thing to me and I am wondering if this is normal too
they had refunded me for a period when the balance was over a certain amount but not since the card opening unfortunately
Sara (Debt Camel) says
and is your balance now below that certain amount?
Darius says
Hi Sarah,
The decision was a refund of interest and charges after the limit increase
My balnce was 2450, they refunded £800 and closed my card
Bal is now 1500~ I am still paying interest every month
Should the interest be stopped and refunded again?
Sara (Debt Camel) says
sorry, you said the refund was for when your balance was over a certain amount – what amount was that?
Mr H says
it was upheld in full, and I received £200 as compensation for anxiety caused due to the unaffordable credit limit increase.
Ombudsman’s decision was as follows:
Aqua has offered to refund over limit and late payment charges since the increase. However Mr X was incurring the same value fees prior to the increase to £1250. Therefore I don’t think this is the most appropriate way to put things right.
Mr X has asked for interest to be refunded on the additional £750. Aqua was irresponsible in lending this to Mr X however the increase was affordable. Because Mr X has had the benefit of the money he spent, it’s fair for him to pay this back.
However Mr X has evidenced that he is struggling to manage his card appropriately. To ensure that Mr X doesn’t incur further debts I think that Aqua should close Mr X’s account to further spending.
And allow Mr X to make payments to reduce the balance. Mr X can then repay the remaining balance. at a rate he thinks is appropriate.
I’m also satisfied that Mr X experienced anxiety due to the increased credit limit, and his failure to manage the card appropriately”
Sara (Debt Camel) says
so there was no refund of interest? Just of over limit and late payment charges?
it is a shame you did not query the decison when you had it. But if no interest was refunded, it suggests that it may be reasonable for Aqua to carry on adding interest.
John says
I have 4 complaints running with FoS – all with different staff members.
The complaints were regarding 4 credit cards taken out in 2008.
I gave all 4 FoS staff the same reasons for why I had not complained sooner – 2 FoS staff agreed to look back to 2008 1 FoS staff from 2017 to now and one FoS staff from 2016 now.
Why is there out look so difference when given the same information – is there any form of complaint?
Sara (Debt Camel) says
I can’t tell if there was any specific reason why different decisions were taken. But you can ask for the 2017 and 2016 cases to go to an Ombudsman if you want this relooked at by FOS.
John says
I just received FOS rejection for Barclaycard complaint relating to card approval and later credit increases:
– FOS shared net pay assumed by Barclaycard based on gross I gave. The net calc was wrong (think they missed student loan payments in calcs). I have re-provided account statement inc. my correct net pay to FOS
– FOS shared calcs Barclay made for commitments (not inc. credit) and when combined with credit commitments (calcs by FOS) it is more than net pay in month before approval. Later statements show same
I am surprised this was not noted by FOS as it was in statements given to them. Is this an oversight that may change outcome?
FOS shared limit increase dates that I did not have and said for the increases that no checks were made beyond credit monitoring but should have been given income level and limit was tripled. The statements I gave for increases were not targeted enough as I didn’t have the dates.
My response on the 2nd increase (finding more info on 1st):
– 4 mths before increase I gave my 3 month notice to work, leaving 7 wks before Barclays increased limit and without next job in place
– The month before increase my statement shows a reduced salary (not full final month worked) which would only just cover commitments (calcs by FOS)
– Month of increase shows £67 from employer (expense reimbursement)
I have provided the above statements to FOS to consider. Is this likely to impact the decision?
Sara (Debt Camel) says
Was Barclays your bank?
It sounds worth pointing out the student loan deduction – you accurately stated your gross income, they made an incorrect calculation. That does not sound like an obscure reason – many, many people will have student loan deductions.
The point about credit deductions sounds relevant unless you were apply for a balance transfer card.
Had you only been making minimum payments for many months before your limit was increased?
Providing more statements may help.
John says
Hi Sara,
Barclays was not my bank, I was solely with Santander until my Barclaycard application.
The card was a balance transfer card but only covered 25% of the card I was looking to take balance from. The credit deductions calculated included other loans as well as the Santander credit card and with expenses would have exceeded net pay even without the credit card payments included. FOS did make the point that the Barclaycard would not be considered new debt but I have shown them the card statements for the Santander card I took some balance from in the months after the Barclaycard was approved and how both ended up at their limit i.e. creating new debt by doing the transfer,
Before the limit increases the balances were under control and I had been paying minimum regularly plus some additional payments. FOS has said that they cannot see that Barclaycard did checks outside of credit monitoring for either increase and my point on the second increase is that via bank statements you can see my regular salaried income drops off. Will showing the reduction/loss of monthly salary before the second increase impact the decision?
At the point of the limit increase
Sara (Debt Camel) says
“The credit deductions calculated included other loans as well as the Santander credit card and with expenses would have exceeded net pay even without the credit card payments included”
this seems like a point to emphasise. Have you set out the debts and the amount in a simple table with the total?
“FOS has said that they cannot see that Barclaycard did checks outside of credit monitoring for either increase and my point on the second increase is that via bank statements you can see my regular salaried income drops off. Will showing the reduction/loss of monthly salary before the second increase impact the decision?”
That depends on whether FOS think Barclaycard ought to have made more checks.
John says
Thank you.
I haven’t put it in a table yet but did point out the net pay amount on my statement vs. the amount FOS showed as calculated commitments. I have until 8th March to provide further info so will summarise the table when I send the final points across.
FOS said on the limit increases “I think additional checks would’ve been needed before the limit was raised, but I can’t see that this happened”, so hoping that on the second increase they change their position now I can show that if checks had happened Barclaycard would have seen my salary reducing and then ending.
Is there anything else generally I should be trying to find and provide here?
Sara (Debt Camel) says
Those are the bits that jumped out at me.
John says
Hi Sara, I have now sent my response to FOS. Key points:
– Demonstrated that Barclaycard wrongly calculated net pay and showed table summarising demonstrable income vs. expenses as calculated by both Barclaycard and FOS. I have split this by loans and other credit card at the time. Both exceed income with credit card included or not
– Demonstrated with statements that doing the balance transfer in part from my Santander card at the time created new debt as the headroom was quickly consumed
– Argued for the first increase that a 200% increase in limit (not requested by me) when my salary had only increased 25% in that time and the Barclaycard was close to it’s limit was irresponsible. Noted that Barclaycard did not check income etc.
– Argued for the second increase that a further 50% increase in limit (again not requested by me) was irresponsible when I can demonstrate my regular income at the time ended prior to the increase. Noted Barclaycard did no checks to confirm income again
Fingers crossed!
Lee Blackman says
Hi, Was wondering if anyone could help me.
I’m currently in talks with Jacamo, my minimum payments is exactly the same as the interest charged. I pay £32.09 a month minimum payment, and my interest is £29.00 a month, meaning i’m paying less than £2 a month off my account, and the account will be cleared in 4 years.
They won’t freeze my interest due to terms and conditions.
Do i still have a case if Jacamo asked to increase my account, and i’ve accepted? or is that still classed as their fault for offering it me?
Thanks,
Sara (Debt Camel) says
how large is your balance? your credit limit? have they ever increased your credit limit while you were only making the minimum payments?
Lee b says
Yes. I’ve only ever made minimum payments.
My credit limit is 1250
Current balance is 748.55
I’ve always accepted the credit increases but always paid minimum payment
Sara (Debt Camel) says
They should have checked that any increase credit limit would be affordable whether you asked fot it, or if they offered it and you accepted it.
What is the rest of your financial situation like?
Deano says
I wanted to share another small victory that has concluded this week, again, largely thanks to the advice on this website.
I complained about Tesco Bank who issued me with a credit card in 2016 as I thought it was unaffordable. Tesco dismissed the complaint within a few days of me submitting it, explaining the wealth of checks they’d performed, etc. I passed it on to the FOS who took a few months to get to it, but ultimately the investigator supported my claim.
They highlighted that the assumptions Tesco has made were flawed and didn’t account for all my expenditure that they knew about, that the minimum repayments on the card would have pushed me into a negative budget, etc. comprehensively dismantling their position.
Naturally, Tesco rejected this and pushed to an ombudsman.
Fortunately it was picked up really quickly and the adjudicator supported the investigators findings.
Tesco haven’t actually communicated with me since, but either way, I’ll continue to push with them until they do.
So far that’s 3 for 3 and the oldest I’ve claimed against successfully goes back to 2008. Don’t give up folks! The road is long and winding, but it’s worth it.
John9030 says
Does the fact that Lloyds and Halifax are owned and part of the same organisation have a bearing on complaints when the FoS are looking at them.
I was given a Halifax card with multiple credit limit increases when I was in financial difficulties – I finally paid off and closed the Halifax card but was bombarded with pre-approval marketing from Lloyds in the year after which I eventually took out even though I was still in difficulties.
Does the Halifax issue have any bearing on the Lloyds complaint been that they are under the same ownership?
Sara (Debt Camel) says
What were the years of your Halifax limit increases? And getting a card from Lloyds?
Did you bank with either lender at the time?
John9040 says
The Halifax limit increases were 2012 2013 2016 – FoS have agreed to look at these.
The Halifax card was closed 2017.
The Lloyds card was opened in 2018.
I banked with Halifax at the time
Sara (Debt Camel) says
ok so that timing is well after Lloyds took over the Halifax.
Were you in an overdraft for much of the month during the period of the Halifax problems or the Lloyds application? And / or were there other problems showing on your bank account – payday laons, returned direct debits etc?
Sarah says
Hi, I’ve been in a DRO for almost 2 years now, I think I would have grounds for complaints with next, Barclaycard and MBNA. How do I do it while in the DRO?
Sara (Debt Camel) says
DROs last exactly a year – has yours finished? Or are you in a DMP or payment arrangements or an IVA?
HWHW says
Do you know whether the contact for credit card refunds from Barclays (Barclaycard) is still wandim.execcomplaints@barclays.com
Thank you
Sara (Debt Camel) says
Have you had a bounce back?
L Taylor says
This email address still appears to be valid, I put a complain forward and now have a reference. however they didn’t email back, it was only that i then followed up through the Barclays chat function on the online banking that I was able to obtain this information. They said it was with a level 2 case handler, so it definitely reaches someone, somewhere. Just don’t expect a reply.
HWHW says
Thanks for your reply. No, no bounce back but I’m wondering whether to send a letter as back up? Not that I know who to address it to, it’s almost as if they don’t want us to get in touch!
Sara (Debt Camel) says
When did you send the email?
HWHW says
Hi
Apologies if this has been covered before. I’ve had a call from Barclaycard today (so the email address you list is active!) to say that they can’t investigate me claim as the last time they raised my credit limit was in October 2015 so I am out of the FOS six year deadline.
However, my initial research suggests that this may not be the case and that there is another ‘rule’ that states that you may have a futher three years ‘from the date your became aware (or ought to have become aware) that you could make a claim’
Can I contact them again and ask them to take this into consideration and reconsider the claim as it has only recently been brought to my attention (as I stated in my email).
Thank you
Sara (Debt Camel) says
you can but they are VERY unlikely to change their mind. I suggest you send this case to the ombudsman and let them make the decision.
HWHW says
Thank you, I really appreciate your help
Chloe says
Hi All, for anyone with Barclays.
I put my complaint in an email (email address found on this site) last week but I didn’t receive a response or automatic reply. Yesterday to be thorough I logged a complaint on the Barclays in App chat. This was a very frustrating process as I could just copy and paste my email. Furthermore the chat advisor kept asking specific questions wanting to know each months. After around 20 mins of back and forth I was eventually given a reference number. Today Barclays have called me to advise they will pass it onto their irresponsible lending team, and whilst the complaint is investigated all interest charges will be on hold.
Kez says
I am I make a complaint about unaffordable lending after I have set up a debt management plan with step change
Mara says
Hi Sara,
I hope you are well.
I have heard back from adjudicator yesterday and was a bit confused. Initially my complaint for Barclaycard was rejected (it is from 2012) so I sent it to FOS.
Yesterday I had a phone call (adjudicator called). She said that Barclaycard has sent me the Default letter in 2013 so I should have been aware to raise a complaint back then as they have sent my details to Debt collector. I had payday loans, missed payments, catalogue overdue payments at the same time. Barclays have accepted my complaint just recently ( September 2022) (overdraft) agreed for irresponsible lending.
Can I add any more arguments?
Thank you in advance.
Sara (Debt Camel) says
This account was opened in 2012? and you missed payments in 2013? what happened then, was the account closed?
Mara says
Barclays account was opened in 2010. Missed payments started in 2012. After the made a refund- the account is still open.
Sara (Debt Camel) says
Say that you had what you thought was a temporary problem in 2013 that you managed to resolve [by borrowing some money elsewhere?] , you did not at that time have any idea that Baarclaycard were partly responsible for the problem, you thought it was your fault for taking payday loans and getting behind with Barclaycard and catalogues. Now you have found out that Barclaycard should have checked the repayments were affordable, you can see with hindsight that the 2013 problem was part of this but that was not clear to you at the time. So in 2013 I didn’;t realise there was anything to complain about.
The bit about borrowing more money elsewhere that I put in [square brackets] – is that right? did you borrow from another lender to get Barclaycard up to date or get behind with any bills or what happened? If you did, include that. If you didn’t just delete it.
Mara says
I did borrow the money from my parents to pay most of the debt off (payday loans mostly as they have the highest interest). I paid off some of Barclaycard card back then as well, but not entirely . I have mentioned that. It seems like it wasn’t an argument for adjudicator. She kept saying that if Barclaycard sent me Default letter and referred me to the debt collector I should have known that I need /can complaint . Still haven’t received the response to the complaint her from her.
Sara (Debt Camel) says
if she doesn’t change her mind – ask for this to go to an Ombudsman. You can also point out there were no affordability complaints about credit cards in 2013, so how can they say you should have made a complaint about Barclaycard when you didn’t realise they had done anything wrong and no-one was making these sort of complaints.
Mara says
Oh. Ok. I didn’t know that. Thank you so much for your advice.
I will wait until she send the report through then ,once she makes her decision.
Mara says
Good morning, Sara! I would like to get your advice (if I can ) on comments that adjudicator sent me.
When we spoke on 28 February 2023, you said you were no longer using your card, but the statement dated 21 January 2021 provided by Barclaycard shows you are using the card in EU to obtain cash – please can you clarify this.
I haven’t used the card in a while so I couldn’t remember when was it the last time I used it. Why is that important?
You also told me that you haven’t complained about this card until now as you weren’t aware Barclaycard had an obligation to lend responsibly and you didn’t know this until you visited the debt camel website. Can you please explain what event happened that made you start looking into this matter through the debt camel website now and not before.
I was beginning of last year that I have started look into your website. Don’t even remember how I found it. I think I started to look into this website after I got the refund from QuickQuid.
What would be the best answer to give them?
Thank you in advance
Sara (Debt Camel) says
I haven’t used the card in a while so I couldn’t remember when was it the last time I used it. Why is that important?
I suggest you reply saying this.
And you could also reply saying you think you found this website when you were looking for information about when the QuickQuid refund would be paid. Until you found debt camel you had assumed it was only payday lenders that had to pay refunds.
Mara says
Hi Sara,
I am a bit confused about what kind of answer FOS is trying to get from me.
Adjudicator sent an email again asking
to confirm why the default notice sent to you by Barclays in 2013, not make you realise that the business may be partially responsible for your situation at the time.
Would you be so kind and guide me what would be the best way to answer this? It feels like they are asking me the same questions every time.
Thank you in advance
Sara (Debt Camel) says
I suggest you reply (assuming this is correct)
The Default Notice told me I had missed payments/ It did not suggest that Barclays was at fault or offer to help in any way. It didn’t mention affordability checks. I already told you I knew my finances were a mess, but (as I have told you before) I thought this was my problem. I didn’t know that a lender like Barclays should have made checks about affordability. This default letter didn’t change that at all.
Mara says
Hi Sara,
I hope you are well.
I have received the response from adjudicator (FOS) and she has rejected my complaint. The main argument from Barclays – it was referred to them too late, outside time limits set by the financial services regulator.
Adjudicator argument is that “it’s not necessary to know everything that you could complain about, but to know that something had gone wrong, and Barclays may have some responsibility in that”.
She is saying that I had 3 years from 19.12.2013 to raise or complaint or six years from 06.03.2012. As both dates are outside time scale- they won’t accept it.
I have a few questions on that . Should I proceed with this further to FOS ? Is there any chance for it to be accepted? I am not sure how else can I explain that I didn’t know about raising complaints before 2022, otherwise, I would have done it long time ago.
Second thing is that somehow Barclays Bank (current account) has accepted my complaint, even though I have sent it late 2022 (September).
Please advise if there is anything at all I can do or should I just leave it.
Thank you so much in advance
Sara (Debt Camel) says
This is about your Barclaycard?
When was the limit last increased?
What happened in December 2013?
Mara says
In December 2013 they apparently sent me the default notice and gave me time until January 2014 to clear it up (which I did). Their argument is that I should have realised back that Barclaycard is responsible.
Overdraft was with Barclays, and credit card was with Barclaycard.
My question is only if there is a point to send it over to FOS with those kind of argument. Even though my background story is horrendous, adjudicator doesn’t seem to think that I have a solid case.
I have all the current account statements (since 2010). Not sure if this will help my case, if they don’t want to look into my complaint, because I didn’t complain in time.
Sara (Debt Camel) says
when was the last time your limit was increased?
you can argue that they should look back before 6 years, but if your limit was increased within the last 6 years you definitley want them to look from that point if they decide they can’t go back further.
S says
Hello
Started my budget on step change do I put pips as part of my income?
Do I make larger amount put anticipate any further rise in food and bills
It’s leaving amount £200 to left over to pay bill
Many thanks
Sara (Debt Camel) says
Yes include PIP as income but also think what extra costs you have because of the disability – do you need the heating on more? take more minicabs? need help to keep the house clean? All these sorts of costs are what PIP is meant to cover, so include them too.
S says
Hello yes I have heating on all time taxis due to aniexty and a support worker that I self fund as no help from council
Many thanks
S
G says
Hi Sara,
I defaulted on a PayPal Credit account in Feb 2022 after simply not being able to afford the repayments. PayPal Credit increased my limit from £1000 to £2000 in June 2021 despite 6 missed payments being reported on my credit account in the months prior to the increase.
I contacted PayPal Credit after receiving the default letters and explained to them I could not meet the payments due to being made redundant and was put on a ‘hardship’ plan which meant my monthly payments were reduced, but was also told this would not avoid a default – I’m unsure how this was supposed to help me…
In January 2023, I received an email informing me that my account was mismanaged and I was being refunded £132.82 as a gesture of goodwill as there were fees and interest applied to my account that should really have been waived due to my circumstances.
Do I have a good case to try and have this default removed from my credit file on the grounds of irresponsible lending? Please help! This is eating me alive.
Sara (Debt Camel) says
apart from the PayPal debt, do you have other debts you can’t pay? and/or other debts that you are still paying?
G says
I have managed to enter repayment plans with other creditors and I am now in a good position with my repayments. I’ve managed to clear one credit card and I am well on my way to clearing the rest now. The PayPal account is the only one that defaulted.
Sara (Debt Camel) says
Are PayPal still adding interest and fees?
G says
Not since I entered into the hardship plan with them, no.
Sara (Debt Camel) says
So you can make an affordability complaint and ask for refund of chages since that increased your credit limit and a removal of the default.
I don’t see many PayPal cases so I can’t guess what they will do. The fact that they have sent this refund suggests there was some problem with how they handled the account.
Mike_p says
I got my £2100 Paypal credit balance reduced to £400 after complaining to Paypal and then taking it to the FOS. They made it quite difficult to complain as the online chat was the only way I could find to make a complaint in writing. After a while I got a response from ppelce@paypal.com.
I got a seperate unprompted refund, they said it was because they hadn’t treated customers in difficulty fairly or something,
Sara (Debt Camel) says
Thanks for the feedback! So the refund was offered by paypal when you had gone to the Ombudsman? Not actually ordered by the Ombudsman?
Mike_p says
Paypal rejected my complaint, but the adjudicator found in my favour and Paypal agreed to that without having to go to Ombudsman level.
Sara (Debt Camel) says
thanks for clarifying.
Melissa says
Hello, what a great site! A bit of advice from anyone would be great. I have a Vanquis card. Had it since 2015, same limit since they provided it to me. Limit was/is £1500.
It has always been unaffordable – I used it for gambling and cash withdrawals. I only ever pay the minimum amount each month. In 2018 I wrote to Vanquis and said I was having trouble due to a break up. They set up a payment plan for around 3 or 5 months & froze interest. But it returned to normal after that.
In 2020 I was able to get a break paying due to Covid and I told Vanquis I had been furloughed, I then managed to get an extension. once that was over it returned to normal interest.
I wold often pay the minimum but then just withdraw it in cash. Resulting in cash fees and it would take me over the credit limit once that months interest had been charged.
I finally cleared the card in 2021 but this only lasted around 7 months. The card has been back at its limit since then, minimum payments only.
Although Vanquis never increased my limit does this sound like it was unaffordable? I think it was irresponsible on their part from the beginning. They didn’t ask for any bank statements or anything.
Also, they did help when I reached out in 2018 and 2020 but that’s it. The fact that they helped does that mean they have been responsible and I don’t have a claim?
If I had known I would have put in a claim in 2018 or 2020 but I don’t feel these claims are well advertised at all.
Sara (Debt Camel) says
As they didnt increrase your credit limit you need to argue that £1500 was too high at the start. Vanquis are very likely to reject this complaint so expect to have to send it to the ombudsman.
You can also argue that then when they looked at your situation in 2018 they should at that point have frozen interest and not allowed you to carry on using the account. You can reasonably say that you did not complain at that point because you assmed that Vanquis had done all they had to do to help and it was your own fault for continuing to use them.
Mikey says
Hi Sara,
i have a complaint to Barclay credit. Card issued with a 500 limit, increased to 950 and later increased to 1500. Since the 500 card was given to me it has always been at its limit, I pay the minimum repayment every month. Does this sound like good grounds?
Sara (Debt Camel) says
What would your credit record have shown when the limit was increased – did you have other debts? were they getting worse?
is this your only debt with Barclays?
Matt says
Hi Sara
Back in November I was given some money by my family to pay of my very account and asked for it to be closed down .
I was told this would be done when the next was produced at the end of November . Fast forward to January and after losing some money gambling logged on and order some products pawned them and returned them .I did this a few times but now have lost my money I used to pawn the items and owe very £ 500 . I am annoyed with my self but do I have any rights to complain with very not coming my account.
If they had closed my account I would not have been able to order anything.
Thanks
Matt
Sara (Debt Camel) says
Well you can try. I haven’t seen a case like this.
Mike_p says
Has anyone had a complaint against Nationwide upheld by the FOS? I’m just wondering how long they took to refund, and how they contacted you and paid the refund.
Ffion Morgan says
Do you have the e-mail for barclaycard credit card to submit a complaint?
Chloe says
I did this recently. I had to use the online app. It was a faff but they called me the next day and confirmed a complaint was registered and they would be looking into it.
Natalie says
Hello Sara,
Just after your thoughts on this. NewDay complaint made this week after I found your site. I had 2 cards, Marbels and Aqua. Marbels issued 2016 and Aqua issued 2015. Aqua limit 1600, Marbels 300, Marbels later increased to 1000 in 2018. In 2019 Aqua decreased my limit to 1350, they didn’t tell me why. In 2020 my Marbels decreased to 800. Paid both off in 2021 and closed them.
They were both at their retrospective credit limits for their duration, Marbels had a missed payment, my bank statements at the time showed poor money management and payday loans. They will be deemed unaffordable should the FOS look as they should never have been issued.
Although the accounts were opened in 2016 and 2015, because of the increases and decreases made will this mean they do actually within the 6 year timeframe?
Sara (Debt Camel) says
FOS can choose to go back further than 6 years if you have Only recently become aware that the lender should have checked the affordability.
But these two cards definitely fall within the 6 year period as you say because of the limit changes within the last 6 years. The Marbles limit should not have been raised. And when the Aqua limit was lowered, that was inadequate – at that point aqua should have seen you were In difficulty and offered forbearance (eg an interest rate freeze).
Natalie says
Thank you. I’ll let you know how it goes.
MH says
Hi Sara
Took a £6K loan out with novuna over 60mths @ £178 per month. I have only made 7 payments into the loan term (non missed). They agreed it was unaffordable this is their response:
As redress we will remove all interest applied to the agreement, and all future interest. In addition, we will refund 8% statutory interest to the value of £17.59 to the bank account your payments to Novuna are received from. As you have paid £1249.01 towards the £6000.00 borrowed as of the date of this letter this will leave a balance of £4750.99 to settle your agreement.
In addition, any late payment fees have been removed.
I’m confused with their wording of 8% statutory interest. I was I under the impression they should refund the interest I have already paid in full for each of those 7 months of payments and not charge any interest on the rest of the loan? I rang them and they kept saying because I hadn’t paid at least £6k back I haven’t paid any interest!
Thanks
Sara (Debt Camel) says
I was I under the impression they should refund the interest I have already paid in full for each of those 7 months of payments and not charge any interest on the rest of the loan?
That is what they have done.
You have paid 1249 so far.
You originally borrowed 6000.
So they have changed you balance to be 6000 – 1249 = 4751 – if you repay this 4751, the loan will be settled and you will not have paid any interest at all.
(The 8% statutory interest is just a tiny bit extra. It only comes to a lot if you were complaining about a loan that was already settled a while back. )
I rang them and they kept saying because I hadn’t paid at least £6k back I haven’t paid any interest!
That is correct. if you had repaid say £6100, they would have cleared the balance and refunded you 100.
You should also be able to make an arrangement to repay them at a lower affordable monthly rate without this impacting your credit score. How much can you afford?
MH says
Hi Sara
Realistically £75.
I have phoned and told them this and they’re adamant it will affect my credit score as I would be paying less than the contracted amount. Is this normal? Where can I go from here?
Thanks
Sara (Debt Camel) says
Then start paying them £75 and send the complaint to the Ombudsman.
Be clear in the complaint that Novuna have agreed the loan is unaffordable and removed the interest from the balance, but they will not accept a lower affordable payment without this affecting your credit score.
Clare says
Hi, I just wondered if I have a case. I had an overdraft of £1900 in 2015 with nationwide and then applied for a credit card with them later that year. They then quickly increased the credit limit to £5000. I’ve never been able to get out of the overdraft. I’ve lowered the credit card a few times but always maxed it out again. My salary halved a couple years ago due to going part time and I’m constantly spending the balance left after minimum payment and interest has been paid each month. Do you think this could be put forward? I have several other credit cards too but they were opened a few years later.
Sara (Debt Camel) says
Yes i think you should make a complaint about the credit card. Point out that in view of your overdraft, they should never have increased the card limit so high.
Send this to the Ombudsman if they reject this because it was over 6 years ago.
Also think about whether you should make a complaint about the ove4rdraft as well – see https://debtcamel.co.uk/get-refund-overdraft/
Clare says
Thank you. If I make a complaint about the overdraft, would there be any chance they would remove the overdraft and stop me from using it (if they reject my claim). As I live in it I’m worried going forward.
Sara (Debt Camel) says
read https://debtcamel.co.uk/affordability-complaint-credit-record-faqs/.
This doesn’t seem to happen much, its very rare. If it did, well you get a bank account with a different ban and use that. If it makes you feel safer, you could open a back-up account now – eg Starling, Chase or Monzo, all great apps.
rockyrhodes says
Send a complaint to the ombudsman for irresponsible lending, after everyday loans dismissed that they lent irresponsibly. The adjudicator has agreed it was irresponsible and gave them a deadline of 3 weeks to agree or disagree with the decision, they had until the 6th march, the adjudicator has said they haven’t been intouch and has gave them another week to reply. The loans Contractual payments haven’t been paid in the past 3 mths, basically because we can’t afford the full payments, so we am only paying about £22 ( through stepchange) a mth instead of £247.. They keep phoning all the time a sending letters because of it being a joint loan and harassing my partner into getting intouch with stepchange.. They keep saying that they can’t recalculate the loan payments without my partner going down the stepchange route.. Could anyone shred some light on what do do please.
Sara (Debt Camel) says
Does your partner have other debts as well?
How much did you borrow? How much have you paid to the loan so far?
rockyrhode says
The loan was for £6000 the amount payable was £14,820 we only have an outstanding balance now of £1680 the loan was due to finish in April this year but because some mths we changed payment dates, they then extended the loan by another 4 mths, so its due to finish this August. 1 of the comments that the adjudicator has said, that they must come to a payment arrangement for whatever is left on the loan and to refund the intrest plus 8%. My partner is in payment arrangements for all his other debts..
Sara (Debt Camel) says
is this case now in a queue for an Ombudsman?
Kyle says
Hey people, something very weird happened. Wondered if it happened to anyone els. So I put in an irresponsible lending complaint to aqua (Newday) 2nd Feb 2023. Received a text message to say they are looking into it on 21st Feb 2023. Then I requested all the interest and charges I paid from 2017 to present day. I made this request 2nd of Feb also. The 30 days had past and still no documents, so I logged into my app to chase this up.
I then see Over limit fee adjustment — £312
Interest credit adjustment —£1998
Late fee credit adjustment —£120
Cash advance fee credit adjustment —£150
So now I have £2618 in available, where I only had £57 before. And £380 in balance?
I’m confused, as when I inquired about my current complaint on the online chat in the aqua app they said it’s still being looked into. I haven’t received an email to say they had reached a decision or anything.
I’ve never heard of companies giving money before going to ombudsman. Especially not giving any before asking if the decision is accepted.
But here I haven’t had any response, so I’m confused as to what this is.
I don’t want to get happy just in case it’s a mistake.
Any help with this would be great.
Thanks
Kyle
MH says
Hi Kyle
I have a complaint in with Fluid & Aqua at the minute. I’d be interested to hear what your final outcome happens to be. I would fully expect them to either contact you in writing or via email with a final response letter detailing out the exact charges they are refunding you in a proper breakdown otherwise how do you know when/where the refund dates back to.
MH
Sara (Debt Camel) says
They *must* tell you the date the refund dates from.
Steven W says
Update* I have just checked my Marbles and Fluid accounts online and both are showing as CLOSED?! But the balance is still the same and it says I must continue to make all minimum payments to clear the balance… going to phone them now. Grrr
Steven W says
Just spoke to Newday, they have not upheld the complaints so I now owe over £6k to them, accounts closed and monthly minimum payments need to be made. I referred this to the FOS on Monday so I will wait to hear from them now.
Kyle says
Hey,
I originally said they shouldn’t have given me the card at all, but thought because of the closeness of 6 years they might disagree. So I changed my mind and just said from the first increment. They said they reviewed my complaint, and said they notified me of said increases.
Sep- 2017 £300-£500
Jan-2018 £500-£1000
May-2018 £1000-£1500
Feb- 2022 £1500-£3000
All the while I was always overdrawn and struggling to pay mind you.
They said the checks on my account before these increases, they said they believe were in line with their policy, and that they completed proportionate checks. “However, given the information you have provided us in relation to your circumstances, we uphold your complaint. (They are referring to me saying I have won 6 cases in the same year span and would prefer it not to go to ombudsman because otherwise they will be charged and I’m not a mean greedy person.) They have, however, refused to take any negative reports on my credit file. They have kept my account open for payments only, as I still have £380 outstanding, but they said they have taken the decision to close my account of using the card as to not put me in negative position again.
I believe the refusal to take off negative credit effects is spiteful in my opinion. They seem to have admitted they were wrong with actions of paying me back, but won’t technically admit it by admitting it and taking any negative information off.
Thanks
Kyle
Steven W says
In my opinion Newday are the biggest cowboys I have had to deal with. They close my two accounts leaving me owing £6k, saying I need to clear the balances but closed the accounts as they acknowledge the cards are no longer affordable,?? if they are unaffordable then why not uphold my complaint? As you say Kyle, spiteful. I really hope the FOS uphold this, its probably the strongest case I have of all my complaints. Monthly minimum payments of around £400 whilst I am constantly overdrawn and several other creditors is just bonkers. Now the long game with the FOS….
Sara (Debt Camel) says
And you have dealt with quite few cowboys…
Steven W says
Hi Kyle I also have a complaint in with Newday regarding my Marbles and Fluid cards. 8 weeks has passed so I have now passed this to the FOS this week. They only respond my post and not email! Apparently my case was assigned to someone last week. They have been the slowest of all the creditors I have complained to so far.
Amber says
New Day have upheld my complaint but only provided me an offer with a refund of partitas interest, no 8% and refused to take off any negative markers… into the queue at FOS I go! Hopefully not too long to get it with an adjudicator.
Wayne says
Does anybody have a working email for Very ? The one listed didn’t respond to me and informationrequest@very.uk.co replied saying a complaint had to be made via post or telephone. I don’t think they’re telling the truth and I would really prefer to do it via email. Thanks
Ffion says
I had the exact same issue, my email that I sent was ‘undelivered’, I phoned regarding my complaint and never heard anything back. When I asked for an email address they said they didn’t have one.
Sara (Debt Camel) says
is this the triage1@theverygroup.com address?
Wayne says
Yea no response or acknowledgement from the triage emailz
Sara (Debt Camel) says
huh. That was the email address they asked me to list on my site. I will go back and enquire why it isn’t working.
Michelle says
Hi Sara, did you manage to confirm if this was the correct email address for Very?
Mike_p says
An update on my case against Aqua that I posted about before. I accepted an investigator decision saying all interest since the credit limit increase should be refunded, however Aqua only refunded interest on the balance above the increased limit. I’ve taken this to ombudsman level and their final decision is that the investigator made a mistake, and that only the interest above the credit limit increase should be refunded. On the plus side, they have said that all negative information should be removed from my credit file once I’ve cleared the balance. There is £900 outstanding so I should be able to clear this fairly quickly.
Steven W says
A MASSIVE THANK YOU to Sara!! I have complained to Bamboo and got £300 reduced…. then Likely agreed to refund the interest on my loan this week meaning that will be cleared in full this month… but the biggest result was my claim to Vanquis for my £3k credit card for 10 years…. this week Vanquis upheld my claim and agreed to refund me £13,338 of which £2600 will clear the current balance to reduce it to £249 and a cash refund to me of £11,340.
I was not expecting this result, the money is already with me and this long standing £3k credit card now paid along with some other accounts I had open. I am still waiting on Newday (Fluid / Marbles) plus santander overdraft and Lendable is with the FOS. I also have complained to 118118 for a £2k loan 3 years ago… but seriously Sara…….. THANK YOU! I used your template. This £11k more or less gets me debt free finally bar the accounts that are still pending with the FOS. A massive relief to be able to clear loans and cards and close the accounts once and for all.
Oh and not to mention the result with Blue Motor finance offering to refund me interest and take the car back. 3 months ago I was literally on the brink… but almost all square again! :)
THANK YOU!!
Sara (Debt Camel) says
that is the largest win against Vanquis that I can remember!
Have a very happy weekend!
Steven W says
Refund total was £13,993 not £13,338 my mistake! That comes after 10 years of a maxed out £3k card with 4 limit increases and whilst I was in a DMP from 2011 – 2018
You too, thanks Sara
I will let you know what Newday say but they are leaving it until the very last day so I think this one will go to the FOS next week…
NV says
How long ago was your card with vanquis? Was it opened within the last 6 years? Had they give you any increases? Did they take the full 8 weeks?
Hannah says
Oh my god this has given me some hope. I have a credit card with Vanquis which I opened in 2017 and already had 3 defaulted credit cards and overdraft constantly exceeded. I have recently raised an irresponsible lending complaint and my limit was 1700. They only increased it once but it was unaffordable as I was on benefits and a single parent at the time. Think I took it out for Christmas. I’m praying I get a result like yours. Not as large obviously but something to help me and get me back on track. Did they remove this from your credit file? They have recently put another default on my account for missed payments.
Sara (Debt Camel) says
Send this to the Ombudsman if Vanquis reject it!
Also have you looked At making a complaint about the other defaulted cards.
And the overdraft? See https://debtcamel.co.uk/get-refund-overdraft/
Alicia says
Hi Sara, thanks for the article! I wonder if you could answer a question about student credit cards?
I opened a Student bank account with HSBC in around 2015. At the same time, they gave me a credit card with a £500 limit; the limit has never been increased. I was not working at this time and was given the student account based on the fact that I would be going to university. I also was not allowed to work throughout university so when the CC was used, I would make repayments using student loan/grants.
They also gave me an interest free £750 overdraft with my debit account which I had to use at various times and I remember in 2019 I went over the overdraft limit. No interest was charged since it was then a Graduate account. I am mentioning this just to demonstrate that the credit card was unaffordable to me.
I am currently at about half of the limit on the CC. I have used it here and there since finishing my degree in 2018 (for non-essentials if that makes any difference) and I’m now in full-time employment. I pay around double the minimum payment every month but my balance doesn’t decrease much due to interest. Would it be worth making an affordability application or would it be viewed as my own mismanagement and/or be too long ago to complain to the bank?
Thanks!
Sara (Debt Camel) says
The main problem may be that this is such a small balance. If you stop using the card and carry on paying twice the minimum payments it should start to reduce.
S says
Hello
I have Barclay credit card outstanding debt I’ve emailed it before but I’m just wondering under irresponsible lending and my credit file during this time I only work part-time full-time and long term sick during the period that there was putting the credit card balance up I’d also had a debt relief order to deal with existing debt from other credit card and high interest loans and catalogue debt but they still increased the credit limit. I ve I’ve only just thought of this whilst looking through my paper would I have another complaint regarding irresponsible lending as they still did it?
Many thanks
Sara (Debt Camel) says
was the Barclaycard included in your debt relief order?
S says
Hello
No the balance was zero.
Sara (Debt Camel) says
what was your previous complaint to them about?
S says
Hello
I didn’t include in my complaints about debit relief order complaint was about lending Irresponsible due to I’ll health autism etc
Sara (Debt Camel) says
did your complaint say the increased limit was unaffordable?
and did you take it to the ombudsman?
S says
Hello
I think mainly about getting written off due to amount and not able to pay back
S
Sara (Debt Camel) says
Did you go to the Ombudsman? How long ago was this?
S says
Hello
Complaint 2018 didn’t know about ombudsman and called other week said too late unless unusual circumstances
Thanks
Sara (Debt Camel) says
Go back and read their reply to your complaint.
Did it mention the Ombudsman?
Did it talk about the credit being affordable?
S says
Hello
They didn’t reply in writing they put on a letter to call them and didn’t send out a letter saying what said on phone. They never mentioned ombudsman mainly complaint to get written off coz put limit up coz of autism so didn’t pay back
Sara (Debt Camel) says
If they never mentioned the Ombudsman, then you can send that complaint now to the Ombudsman.
But I suggest you send them a new complaint, saying the car limit increase was not affordable, they should have realised that from your DRO. If they reply saying you complained about this earlier, say yes but you never replied to me in writing and never told me I had the right to go to FOS. So I am complaining now and will go to FOS if my complaint is not upheld.
S says
Hello
I will do this do you have email address for Barclaycard complaints?
Sara (Debt Camel) says
aee https://debtcamel.co.uk/payday-lender-email-addresses/
Ruth says
Sarah I could really do with some advice. Last year I took a loan out with the Ulster bank for £5000. I used it to pay off some credit cards ( I have 7). However I couldn’t keep up the payments on the loan without using more credit and eventually because I work part time only I took out another loan with a different company. Now I had two loans plus credit cards and recently decided to top up my ulster bank loan to again pay off the others. I know this was silly but I now owe the ulster bank over £7000 and do not know how I am going to pay it. I am afraid to complain to them as this is the bank that my account is with and I would worry that they would offset by taking my wages. But should they have given me such a large loan when they surely would have had access to all this information. I also have a default which is soon due to drop off. Sorry for the long post
Sara (Debt Camel) says
why not change banks if you are worried about this?
Ruth says
Yes I could although living in a rural area the others are miles away and I don’t drive. But if I did that do you think there is a possibility that I would have a good complaint. Can the bank offset my account if it is not in arrears.
Sara (Debt Camel) says
No it cannot offset any amount if you are not in arrears.
It sounds like a good claim to me.
Sara (Debt Camel) says
This is what I have been told by Very:
– that email address is correct. No issues have been reported and they are are seeing work flow as normal
– you should get an acknowledgment of the complaint by letter within 5 days of receipt [my guess is that starts the next day if you put it in the evening]
So check your spam folder. And do Very have the correct home address for you?
If you still haven’t received anything, let me know.
Wayne M says
Thank you. Hopefully will see an acknowledgement from soon. Appreciate you following this up.
Marie says
I am struggling with my debts at the moment and was wondering if I would be able to complain. I have an aqua card which is high intrest i took it out about 5 years ago with a £200 or £300 limit within a few months it went up to £1500 then it went to £3750. It went down in 2020 because i paid late but eventually went back up again and is now back at £3750. I have not missed payments and as Im a student I did sometimes pay of big amounts when i got student finance and then would spend it to live on till i got my next student finance. I have paid high amounts of intrest each month between £100 and £150 a month. I also got a loan last may for 5000 and i have been paying back £153 a month the intrest is about 50% so i will have to pay back about 5000 extra in intrest. I have about 7 other credit cards al high intrest some have stayed at £200 limit and have never increded other have incresed to over £1000. I got another loan from clockwise to help consolidate my credit card debts for £4000 this again is high intrest and i have to pay £160 a month. My credit score has had a ccj on the file and 2 defauts from 5 years ago so i have never been able to get a loan with low intrest to help me get out of this financal struugle. Have i got a case at all or what would be my best option as i can no longer carry on paying this money.
Sara (Debt Camel) says
yes you probably have a good case. BUT you cannot rely on this to improve your situation fast or enough.
When does your degree end and will you them be able to get a really well paid job?
marie says
My degree ends in june but im not sure what job i can get at the end as i may have to contuine to study. I am a mature student with 2 children and one of my son needs extra care so dont when i will be able to get a high paid job.
Sara (Debt Camel) says
in that case I think you should talk to a debt adviser about your options for all your debts including the old CCJ. Phone National Debtline on 0808 808 4000.
Natasha says
Hello
Bit of background – I have struggled managing money ever since I have had to. A few years ago I was made redundant and paid everything off. A year after, I was back with a maxed out overdraft and a new loan. Couple years after, I now have two credit cards (1 was meant to be a 0% interest but have spent on it), 1 was a 0% the previous year which I transferred to new one and then used it for bills etc. At a similar time to getting my new 0% card I was offered another loan via Zopa. I’m now in a situation where I can’t clear the debts, the credit cards I’m making minimum payments and then having to use them to pay for food / petrol. My loan payments both together now come to £200/month. My overdraft with Santander is 2000, legacy from when I was a student. I’m not paying interest on it I pay £30/ month in fees which are less than interest I believe.
I thought about contacting step change but then came across your page. I’m conscious about wording used – I would like to request the credit cards freeze interest so I can get ahead of myself and relieve some pressure.
I’m not sure if Santander would do this but asking if they could reduce my overdraft by taking payments.
Sara (Debt Camel) says
year after, I was back with a maxed out overdraft and a new loan.
Who was the loan from?
What interest rate was the Zopa loan?
Who are the credit cards from?
Natasha says
Both loans from Zopa. One with Vanquis that’s only since October. Barclaycard the other
Sara (Debt Camel) says
This article looks at making a complaint about your Santander overdraft https://debtcamel.co.uk/get-refund-overdraft/
And this article has templates to complain and the 2 Zopa loans https://debtcamel.co.uk/refunds-large-high-cost-loans/
Helen says
Do
You have the complaint email fir Barclaycard please?