Have you had a catalogue, credit card or store card where your credit limit was too high? So high that the monthly repayments were hard to manage and you got into more debt?
Many people were originally given an OK limit, but the lender kept increasing them.
You may have a good complaint that the lender was irresponsible in allowing you to borrow so much that the debt was unaffordable.
This article explains how to complain and ask for a refund of the interest you paid
Contents
What is “affordability”?
The following is my summary of the regulator’s rules:
- a lender must check if credit is affordable when you apply for it. A mortgage lender will ask for bank statements, but a catalogue offering a £200 credit limit doesn’t have to go into so much detail;
- a lender should also make new checks when deciding to increase a credit limit;
- credit isn’t affordable if paying it leaves you short of money for your bills,everyday expenses, and your other debts;
- if you have to borrow more most months, this would not be affordable. This could be borrowing on the same account – making a credit card repayment but then using the credit card to pay for food so the balance never drops is “borrowing more”;
- you have to be able to repay the balance within a reasonable period of time. Paying the minimum amount is OK for a short while, but not for a prolonged period.
How to complain
Good reasons to complain
If the lender could see any of these on your credit record, they should probably have declined your original application:
- recent credit record problems: defaults, missed payments, or arrangements to pay, mortgage arrears, payday loans;
- you already had a different credit card with the same lender where you were only making minimum payments and were using it for essentials like food and petrol. If you were given two credit or catalogue accounts by the same lender, often the second one should never have been given.
- other credit cards where you were near your limit and persistent overdraft usage. Here is an Ombudsman decision saying Zopa should not have given quite a low initial limit in this situation;
- a level of borrowing that looks too high in relation to your income.
Your credit limit should not later have been increased unless you could afford it. In addition to the points above, the following should have also warned the lender you were in difficulty already:
- making minimum payments for a long while;
- using a lot of your limit for a long period;
- a lot of gambling showing on the account statement;
- recent missed payments or an arrangement to pay on this account;
- your overall level of debt on your credit record has gone up a lot.
You don’t need all the details to complain
When your lender increased your credit limit, you don’t need the exact date. If all you can say is “you increased my credit limit several times” that is fine. You don’t need to ask for copies of all your statements – you would get a ton of paper!
But getting your credit record can help. You can’t go back and see exactly what your credit score was in say 2018, but take a copy of your current credit record as soon as you complain (get your free TransUnion statutory credit report). That will show what the pre-2018 problems were that the lender should have spotted.
Template to complain & the email address to use
The best way to complain is by email. It’s free, instant and you have a record of what you sent and when. Here is a list of credit card and catalogue email addresses to use.
In the suggestions below, I’ve invented some examples for the bits in italics in brackets. Change/delete these to tell your story.
I want to complain about irresponsible lending by you for my Barclaycard account number 987654/444. My date of birth is dd/mm/yy. The email address I used for this account was myaddress@whatever.com.
Then say they should never have given you the account:
You should never have allowed me to open an account with such a large credit limit. When I applied in 2015, you should have checked my credit record and you would have seen I had recent missed payments to a credit card and a default only two months before on a loan.
Or say that they should not have increased your credit limit:
You should never have increased my credit limit in 2015. At that time I had only made minimum payments on this credit card for a long while and/or I was using a very high level of my credit limit.
If you had properly checked my credit record before increasing my limit, you would have seen that in the two years since my account with you was opened, I had got additional late payment markers and defaults and/or taken out a lot of other credit. This should have warned you I was struggling with my finances and it was not responsible to lend me more. By increasing my credit limit you made my financial position worse. Instead you should have offered me forbearance by freezing the interest on the card.
I do not know the exact months of these credit limit increases. In your reply to this complaint, please tell me the dates and amounts.
If the lender should already have known you had problems with your account, mention these
You should also have realised that I was having difficulty because:
of the late payment charges you added to my account
of the gambling transactions showing on my card statement
I had missed two payments to you the year before in 2017
I had already asked you on the phone if it was possible to stop adding interest for a while.
End with asking for a refund:
I would like you to refund me all the interest I paid and any late payment charges from the point the account was opened
OR
I would like you to refund me all the interest I paid and any late payment charges after you increased my credit limit in 2018.
I would also like any late payment and default markers to be removed from credit records after this point.
I understand that if I take this complaint to the Financial Ombudsman, 8% simple interest is usually added to a cash refund.
Points to think about
Timing
These complaints can be made if your account is still open, or if it is closed and settled, or if it is with a debt collector (NB the complaint goes to the original lender, not the debt collector.)
You can complain if you already have a CCJ for the debt. Add a sentence to the template saying you want the CCJ removed as part of the settlement of your complaint.
If you have had an IVA or bankruptcy after these problems, or if you are still in a DRO, then ask in the comments below, as this can be complicated.
Old accounts
The Financial Ombudsman (FOS) can only go back to April 2007, when the law changed to allow these complaints.
Many lenders will reject complaints about something that was more than 6 years ago and say the ombudsman won’t look at them. But FOS will often look at old problems if you have only found out in the last three years that you can make the complaint.
If your account was opened in 2015 but the lender increased your limit in 2018 and 2019, then the two limit increases are within the last 6 years and can definitely be looked at.
However, complaints about things that happened more than 6 years ago may be hard for you to produce much evidence for. But if you feel you have a strong older case and you have some evidence, then take it to the Ombudsman and let them decide!
An alternative approach for old accounts
If your account was opened a long while ago and you defaulted and still owe a balance, perhaps in a DMP, think about asking the debt collector to produce the Consumer Credit Act agreement for the account.
If the current creditor can’t produce a proper copy of the agreement, the debt cannot be enforced in court and you can simply stop paying anything to it. This applies to all credit cards, store cards and catalogues.
It may be that the balance on the account is larger than any refund you might get. In which case if the CCA agreement cannot be produced, you would be better off.
Is a refund what you really need?
This depends how large your current financial problems are.
Complaining about newish debt will often only get the interest removed – you still have to repay what you borrowed. Don’t spend months arguing with lenders and going to the ombudsman if you will still be in a mess even if you win.
So phone National Debtline on 0808 808 4000, tell them you are thinking about affordability complaints but you would like to know what your other debt options are.
Poor reasons to complain
You can’t complain just because the interest rate was high or because you have paid them a fortune over the years.
A poor credit score on its own isn’t a reason why you shouldn’t have been given an account. But if your credit score was poor because you were having a lot of problems with your existing debt, the account should have been refused.
You won’t win an affordability complaint if something unexpected went wrong later in your life. If you had been managing a credit card fine for years but then you lost your job or separated from your partner and you defaulted, this isn’t the lender’s fault.
Don’t be put off by a rejection or a poor offer
Lenders often reject good cases
If a lender rejects your complaint or offers a low “goodwill” gesture, don’t be fobbed off – they want you to give up.
In particular, if the lender says you had made all the payments to them on time so they had no reason to think you had problems, you can ignore this. Or if the lender dismisses your complaint as the account was opened over 6 years ago.
When you have a Final Response from the lender – or after 8 weeks if you haven’t had a Final Response – send your complaint to the Financial Ombudsman Service (FOS). Don’t delay doing this!
Is a “partial uphold” good enough?
If the lender says they should not have increased your credit limit in June 2018 when your limit was increased and they will give you a refund of interest for balances over the previous limit, that may sound good. It is sometimes called a partial uphold or a partial refund or proportionate interest.
But often the amount of money refunded in this situation is a lot less than you might expect. So tell the lender you want to consider their offer but need to know how large the refund will be.
Often you were already in a difficult financial situation at that point, with cards close to maxed out, being used for everyday essentials and only paying the minimums. At that point the lender should have stepped in and offered to help you by freezing all interest. That is why a partial refund is often not good enough, you should have all the interest refunded from that point.
How to send a case to FOS
Send FOS a complaint using their online form. You can use bits of what you put in your complaint to the lender. If the lender has rejected your complaint or given a poor offer, say why you think this wrong.
The FOS form at the end asks you to add supporting documents. Don’t worry if you don’t have A copy of your credit or finance agreement – lots of people don’t and the lender will supply a copy to FOS if FOS asks for it. Don’t delay sending a complaint to FOS while you try to get this from the lender.
If your credit record shows that you had other debt problems, send FOS a copy of it. If you have kept some, send the oldest one you have, otherwise send the current one. Also get your bank statements if they will support your complaint and send those to FOS too.
FOS is a friendly service but not fast. Just use normal English, not legal terms. Using a claims company or a solicitor doesn’t help or speed this up.
Ask questions below!
There are hundreds of comments from readers who are using this template. It’s a good place to see how these complaints often go and to ask any questions.
FAQs about Affordability claims
Can you get an overdraft refund?
Could a Debt Relief order help you?
Sandra says
I made a complaint to Littlewoods catalogue for irresponsible lending. I received a reply after 8 weeks saying that they needed more
time to investigate my complaint and would contact me within 4 weeks. They said as my complaint was taking longer than 8 weeks I could go to the Financial Ombudsman. Should I wait for their final response before doing this?
Sara (Debt Camel) says
At the moment Littlewoods don’t usually give a good response, so yes, I suggest sending the complaint to the Ombudsman now, not waiting.
Pete says
Hi,
My irresponsible lending complaint with shop direct has been going on for around 12 weeks. Sent it to the ombudsman now anyway.
I do have the contact details for the head of customer excellence thought. He even responded to me. Then promptly stopped when i sent it to the ombudsman
Stuart Johnson
Head of Customer Excellence
Stuart.Johnson@shopdirect.com
Sara (Debt Camel) says
Thanks for sharing – what a horrible job title!
Pete says
Haha.
Also i believe all these emails work. I tracked them and got delivery reports. Even the Very and Littlewood emails would respond, and not with the usual generic rubbish.
communications@shopdirect.com
help@very.co.uk
queries@littlewoods.com
queries@very.co.uk
max.dixon@shopdirect.com
daniel.curzon@shopdirect.com
zoe.white@shopdirect.com
nick.mcbrien@shopdirect.com
Also get the ombudsman to asses the non-financial impact caused by Shop Direct.
Sandra says
Thank you for the info.
Chloe Louise says
Has anybody had any dealings with barclaycard credit card? I’m struggling to find an email address
Steph says
They have an online portal that you can submit your complaint via. Even if you don’t have your account details.
Otherwise I think it’s post?
C says
Just thought I would share with you, complaints against hsbc about irresponsible lending with my overdraft and credit card. Credit card has limit 7000, overdraft 2250, aujudicator has upheld both my complaints, credit card interest and 8% from sept 2013, and overdraft from may 2013 with 8%. Also for all the distress they have caused me he has said to award me 500 compensation, 250 for each complaint too. This aujudicator has been very fair right from the start of my complaints, he handled both. I am absolutely over the moon with this result. Also to remove default on my. Credit file. HSBC have until 1st sept to respond. Thank you to Sara for this fab site. Im hoping it should be enough refunded to close both accounts. Thank you again ??
Sara (Debt Camel) says
That is a LOT of compensation! Fingers crossed HSBC pays out on this and doesn’t take it to the Ombudsman.
C says
Thank you, i hope they dont. They havent been very co-operative so far. Will keep you updated xx
Mark says
Any news yet? sounds like it could be a huge payout?
C says
No nothing yet, im praying they agree with aujudicator
A says
Hi, could i ask how long it took for the FO to give you a response from when you first sent the complaint to them?
C says
Hi A, wrote to HSBC in february, had final response just after the 8 weeks basically saying they did no wrong, sent to FOS in april, aujudicator introduced himself from about 2 weeks in to the complaint being sent. He has been very patient waiting for info from HSBC. Finally received his findings and upholding my complaint on 18th august, HSBC have until 1st sept to agree or disagree.
Scott says
Hello. Can you provide me more info on your irresponsible complaint to hsbc. I sent one to them and after 6 weeks they didnt uphold. I have a 2k overdraft, 1.5k credit card and 20k loan. It was a 3k loan then they allowed me a day later to change it to 10k. At the time i was in a financial mess and my bank santander would not even give me £100 overdraft. I had defaults and was in arrears with loans, credit cards and payday loans. I dont get why they are saying it isnt irresponsible. I also had a bad gambling problem. I sent my complaint to FOS today.
Christine says
Studio 24
I have an account with Studio 24. The account has never been in arrears but some payments have been a couple of days late. They charge me a £12 default sum when I make a late payment and it is listed on my credit report. I also get charged £7.79 ‘service charge’
Is it possible to reclaim these charges ?
Shannon says
The service charge they list on statements is actually the interest for any balance you have with them. Unsure why the list it as service charge and not interest. You would need to read the above and see if it applies to your circumstances for an irresponsible lending complaint to be made. If that is successful then you would get the service charge and late fees refunded.
Steph says
Newday (trading as Aqua Card Services)
Hi, has anyone had any luck with Aqua card? I sent a complaint to them at the end of April and forwarded to the FOS at the end of June. The investigator I’ve been dealing with at the FOS emailed today to let me know they’d finally received the file from Aqua (after 2 months!).
Has anyone had any luck with them? Either directly or via complaint with the FOS?
Thanks
Scott says
Hi Stephanie,
Adjudicator upheld my complaint, Aqua disagreed and it is now waiting for Ombudsman.
Aqua are always delaying, findings sent to them with response time and they always respond late.
Scott
Steph says
Hi Scott,
Thanks for your response.
Fingers crossed you get a good outcome from the ombudsman. I’ve had a look at the ombudsman decisions against them and it didn’t look like many had made that level… or maybe it’s that not a lot of people have complained yet.
Steph
Scott says
Hi Steph,
I’m just hoping Ombudsman agrees with Adjudicator.
Will be good for people to see a positive outcome against Aqua at Ombudsman level and may encourage more to raise complaints against them.
Hope your one goes well.
Scott
Roch says
Lloyds complaint £2550. I sent it to FO around June but before that lloyds agreed to refund all interest just after I referred it. when it got to the adjudicator he just agreed they do the same which they had already sent. problem is the 8% wasn’t added for & between march 2015 I increased it 144 times without any questions.when the adjudicator called me to say he upheld the complaint I was confused as Lloyds had already agreed to refund the interest and had already put it in account just before the adjudicator got involved I didn’t realise at thought it was more than £631, few days later lloyds took Charges from my account so back to charging me as usual. called lloyds they refunded this £63 but sure that they will continue next month. The adjudicator said I should be able to set up a repayment plan but when I called lloyds they were not helpful and said it would be passed to debt collector soon I was a bit worried/scared on the phone so was happy they refunded the charges they took. my adjudicator said in the last email”As you said you accepted my opinion over the telephone I’ve now closed your complaint. Please let me know if I’ve got this wrong.”I emailed back and told him I’m partly ok with it but not with the fact they are still taking full charges and fees. Is their anything I can do as he has not responded in weeks. Can I refer to ombudsman at this stage to get the 8% or is it too late, any help is appreciated
Sara (Debt Camel) says
So you have two problems – the 8% and what to do about the debt.
It is too late to do anything about the 8%. It would probably be less than £50 anyway so this really isn’t worth arguing about.
If the adjudicator said Lloyd’s should set up a repayment plan, then I suggest you should email them offering an amount you can afford and ask them to freeze charges in the account. You do need to get yourself a new bank account and nit use this one any more. They may send it to a debt collector but they are often easier to deal with than the bank so I wouldn’t worry about this. If Lloyds/debt collector refuses to freeze interest and charges, out in a complaint…
Roch says
Thanks for the advice Sara, so I have already got a new bank but the £631 refund will surely go down if they keep Charging me monthly. So I will go ahead and email them with an offer of repayment to get started, if they do not agree can the ombudsman still look at it as I didn’t actually agree to close the case and my adjudicator has not yet emailed me back after I sent the last email.
Do you possibly have a direct email address for them please or do I need to do from the online site. Thanks so much x
Sara (Debt Camel) says
If you think the case isn’t yet closed, I suggest telling your adjudicator what you are doing and that you are hoping they will agree a suitable repayment plan with no interest and if they don’t you will get back to the adjudicator.
I would do it from the online site if that is what you used for your original complaint.
Roch says
I’ve just contacted my adjudicator and got this response.
Thank you for getting in touch with the Financial Ombudsman Service. The person you are trying to contact no longer works at the ombudsman service, but, if you have an enquiry you’d like us to look into, please contact us at the following address:
I’m so confused as what to do now.
Ross says
I read this news article, with interest, this morning. It appears that Provident Financial (Vanquis) are under investigation, about their Repayment Option Plan product, by the Financial Conduct Authority. When I, stupidly, had their card previously, I had this on there for a while until I chose to cancel it. Even when I tried to cancel, the agent on the phone was trying to persuade me to keep it. Apparently, the FCA ordered Vanquis to do a customer contact exercise from 2014-2016 which, according to their own website, has now been completed. My question is, if the FCA deem the product as being inappropriate or that it shouldn’t have been sold, would their be cause to complain? It was never designed the same as PPI, as all it would do would be to freeze payments, whilst still bolting on interest as per normal. I know a few people have complained about the ROP but, at the same time, I know that Vanquis have dismissed complaints saying they’re not PPI and can’t be investigated as such. I’m going to keep an eye on this, as it’s most interesting.
http://www.bbc.co.uk/news/business-41009302
Sara (Debt Camel) says
I have always considered it a total rip off (see Trap 4 in here https://debtcamel.co.uk/bad-credit-cards/).
Ross says
Thanks Sara,
Well, I’ve taken the plunge and just sent them an email asking for information on how much I paid on the ROP, for the duration of the account (which has been paid off for a while now) and also information on when credit limit increases were applied to the account. I do know that on one occasion, whilst trying to juggle the payday loan cycle, I made late payments, which also sent me over my limit and they actually INCREASED the limit, which brought me back under limit. I never received any letter(s) asking me if I wanted to accept or decline the increase(s). What are your thoughts on this please?
Nim says
Hi Roos,
I made a complaint – vanquis re ROP payments and got refunded over £900 – so best you put it in – I did ask you a long while back -but not heard back.
Good luck
Nim
Ross says
Hi Nim,
Apologies, I did see you ask but I forgot all about it. It was only when I saw the story on BBC News today that it jogged my memory. I’m going to wait for them to send me the info as I think the credit limit increases were questionable too. Especially as one was to get me back below my credit limit, apparently. I’ll keep you updated ?
Sandra says
Hi has anybody got an email for Newday(Debenhams) and capital one?
C says
Just had my aujudicator NOT uphold my complaint with my nationwide credit card with a limit of 12050. He didnt uphold before and I went back with all the lending standards, credit card ass, fca etc and also the fact they have added a default, he still think they done no wrong even after pointing all this out. Asked for it to be passed to ombudsman now. So annoying how aujudicators work differently, my hsbc credit card was upheld at aujudicator stage. Any advice what else I need to point out please?
keith says
Hiya everyone, anyone put complaint in to studio? if so how did you find them and were they good at replying
Ross says
After sending a request to Vanquis, for information about ROP and credit limit increases (on an old account), they have now come back to say the following;
Dear Mr *****
Thank you for your email.
If you have concern’s regarding your old account I can most certainly have these investigated for you. If you provide me with the information I can raise the complaint for you.
Yours Sincerely
Maureen Shiroda
Customer Relations
Interestingly, I never mentioned the word ‘complaint’ at any point in the email, all I asked was for information on the ROP and credit limit increases. It’s rather interesting that they assume I wish to complain? I don’t really want to submit the complaint until I can see all of the information. I know that I paid rather a lot in the ROP, before I cancelled it and I feel the product was totally inappropriate for me, as my work sick pay scheme paid 6 months full and 6 months half pay. Also, I want to see when the limit(s) were increased when the account was over it’s limit. Sara, do you think I should press for the information further OR just submit the complaint and await the outcome? Many thanks
Sara (Debt Camel) says
Have you seen the article I have just written today that mentions Vanquis’s ROP? https://debtcamel.co.uk/provident-doorstep-lending-vanquis/. That is probably why Vanquis are treating any request for information as a complaint – with the FCA investigating they need to be squeaky clean.
I suggest putting in a complaint now and making it clear you have two separate issues – the ROP and the credit limit increases. For the ROP you want a refund of the amounts you paid PLUS the extra Vanquis interest you will have paid because of the ROP charges – this will be a LOT more than 8% statutory interest. At the end of your complaint also repeat that you would laike them to send you the information you have previously asked for.
Ross says
Thanks Sara,
Your help is much appreciated, as ever. Is it also worthwhile mentioning, with reference to the credit limit increases, that I was also heavily indebted with payday loans at the time and that, had they checked thoroughly, they would have not necessarily made these increases?
Sara (Debt Camel) says
Yes, read through the article above and note all the extra point that matter for these sorts of complaints. Poor credit record and only making minimum payments are the main ones.
Pear says
Ross what e-mail did you use? I phoned up to ask how to complain that their credit card was still showing on my credit report as active even though it was settled 3 years ago and they told me I would have to write a letter.
Ross says
Hi Pear, it’s customer.relations@vanquisbank.co.uk
A says
Hi – does anybody have the email address for littlewoods and very?
Martin Arnold says
Hello – apart from Nim, has anyone else been refunded by Vanquis for their repayment option plan already after submitting a complaint?
If so I’d love to hear from you – thanks,
Martin Arnold, Banking Editor of the Financial Times (martin.arnold@ft.com)
Sara (Debt Camel) says
I don’t usually let journalists post here, but I’ll make an exception for the FT :)
Ross says
Hi Martin,
I have recently submitted a complaint, asking for a refund of ROP payments, along with interest charged. Because of the interest charged, this payment could be substantial if Vanquis, or the FOS (if necessary) uphold the complaint. I’ve thought long and hard about this one, for a long time, and the fact that Vanquis are now in the sights of the FCA, I decided to strike whilst the iron is hot. On a separate note, I am also seeking a refund of interest from when they increased my credit limit, without permission, even though I was only making minimum payments and regularly went over limit. I can keep you updated on my progress if it helps?
C says
Just heard off aujudicator and HSBC want longer to reply, so probably looking around 8th sept for them to get back to me, fingers crossed it doesnt change the aujudicator decision
C says
Hsbc replied to aujudicator basically saying that they helped me by giving me a overdraft and a huge credit card….. My aujudicator has written back to them to say they are not valid points. They now have until 25th sept to respond to my aujudicator who has still upheld in my favour with the original points he raised so hoping they agree this time. Refunds from 2013 + 8% simple interest and 250 compensation for each complaint overdraft and credit card). Will keep you updated. My aujudicator is one of the best ive had tbh, my other credit card complaint is with a different one who feels that 12000 nationwide credit card was ok? Im off to the ombudsman with that complaint
Scott says
Hi can you tell me the name of the adjudicator that upheld and the one that didn’t. My previous adjudicator was a female and she was great and upheld my complaint with likley loans but my adjudicator for HSBC is a male and he has dealt with my complaint totally differently.
Sara (Debt Camel) says
I don’t allow people to give adjudicator names. It isn’t fair on them.
keith says
Hiya everyone, anyone put complaint in to studio? if so how did you find them and were they good at replying
put complaint in 9days ago on there site within 4 days got email saying thanks and passed to right dept and be back in contact in 7days so far nothing more
jb says
got a reply from studio stating my complaint wasn’t being upheld because It was my responsibility to be able to afford the repayments when I applied for the account. they also neglected to address my query that my credit limit should not have increased when I was obviously already struggling to make the payments. On the plus side they were really quick replying to my complaint. I think I will prob take complaint further to the FO.
Sara (Debt Camel) says
Definitely take to the FOS – it’s easy to do. The lender can’t just say it is your responsibility, that is not responsible lending!
keith says
sorry to hear they said that, hope you get sorted, when did you put complaint in and how long from that did you get that response
jb says
It took about 6 days for me sending an email to complain, for what seemed like a fairly standard letter to arrive through the post.
keith says
Hiya Sara and everyone,
just wanting bit of advice and to give some of you update on timescale with Capital one
I did a ppi complaint for my mother by post posted letter 11/08/2017 received letter 24/08/17 agreeing to complaint and said refunding the full ppi claim of £419.00 plus charges / fees £167.00 and 8% interest and then received payment in bank today. well done capital one for fast quick service. next thing Sara can I now do the other complaint to capital one?
Sara (Debt Camel) says
Yes!
Katie says
Sara
I have had great success in reclaiming pay day loan refunds using the information on this site thank you. I have recently using those funds paid off credit card balances to vanquis, capital one, and aqua. I had been up to my credit limits on each one for the last five years (£3000, £1750 and £900 ) paying the minimum payment each month as I was on a DMP and had mutilple payday loans ( I’ve received £23K back in interest so it was a lot) when I took out the credit cards it was at the same time as my PDLs so although these are ‘credit repair’ cards at the time I was on a PDL cycle too and on a DMP. Do you think it’s worth me claiming ? Thank you for all your continued advice and help.
Scott says
Hi Katie,
It is always worth putting in a complaint as it won’t do you any harm.
Having started my own complaint which is now awaiting an Ombudsman review, I would say that it all depends on how your accounts were managed prior to the companies increasing your limits.
My own credit file was very poor and I had loads of pdl’s and defaults. Even though I used my card mainly for cash withdrawals and paid the minimum amount the adjudicator found that it was acceptable for my first increase as my account was managed well.
However in the six months prior to the next increase I had late payment and over limit charges added and the adjudicator advised that the increases shouldn’t have been given after those were applied.
Go for it and good luck.
Scott
Jodie says
I have a complaint with the FO they have asked me to provide a copy of my credit report. I wondered if anyone can tell how I get one. I am signed up with noodle but can’t see anywhere I can download a copy of it. Thanks
Steph says
Hi Jodie, select the “print” option. You should then be able to convert to PDF and save a copy to email to the FOS.
Phil says
Have been reading through the above and not sure I apply here… I have a vanquis card with a credit limit of 250 for over 3 years, which was then increased to £1,000 (Not by my request).
Looking at my bank statements for the years / months leading up to this, it looks like I was using the majority of my 250 limit and only repaying the minimum amount possible for most months.
Since the increase to £1,000, I am now stuck in a spiral of only being able to pay the interest repayments off but none of the balance, and this is beginning to worry me as i don’t see a way out due to currently being unable to repay more than the interest.
I can also see that around the time my credit was increased, I had been using payday loans every couple of months leading up to this.Is this an example of irresponsible lending by Vanquis and something I should complain about..?
Sara (Debt Camel) says
Do you have (or did you have in the past) Vanquis’s ROP add on? This would show up on your statements.
Daniela says
Hi,
Sorry to ask /sound thick, but what is ROP, I have the same card and thinking about putting a complaint in as well.
Phil says
Hi Daniela,
Check this link for info on ROP and how to claim a refund;
https://debtcamel.co.uk/vanquis-rop-refund/
Daniela says
Thanks Phil
Phil says
I do not, no. Checked this when I saw a previous thread on vanquis ROP refunds.
Lisa says
Hi Sara,
I sent off my request to Moorcroft regarding my argos card with the £1 postal order, i received it back stating they no longer dealt with my account. I then received a parcel through the post from argos containing statements going back several years (including recent ones which i have never seen as i havent had a statement for years).
I havent received any credit agreement or debt assignments.
I have now been contacted several times via email and phone (unanswered) from a company called Fredrickson asking me to set up a repayment plan (they are obviously not aware of my dmp as it is on hold) so these are clearly the new chasers of this debt.
What would you suggest as my next course of action?
Would you proceed with an affordability claim or is there another way to go.
Thanks
Lisa says
Also Vanquis refused my affordability complaint saying it was my responsability and i didnt have to use it.
And i have had no response from Lowells regarding my Littlewoods account since i sent the £1 postal order for the credit agreement and statements.
Sara (Debt Camel) says
Send the Vanquis complaint to the ombudsman. And write to Lowells saying that until they can produce the CCA agreement for the debt you will not be making any payments to it.
Sara (Debt Camel) says
You need to send the CCA request and the £1 to Fredrickson as they now own the debt.
Lisa says
Hi Sara,
I emailed Lowells stating that they had not replied to my CCA request and in accordance with the law i would not be making any further payments until they produce the agreement. I received an email the next day apologising for not getting back to me and that my request had been escalated.
I also spoke to someone from Fredrickson regarding Argos and he couldnt understand why Moorcroft didnt honour the CCA but chose to refer the account back to argos who sent it to them, he has placed the account on hold and was going to contact argos stating that i had placed a CCA request and that he would let me know what happens.
Debbie says
Hi,
I’m thinking of making a complaint to Littlewoods, despite only ever paying the minimum amount they regularly increased my limit. I was in a dmp with multiple late and defaulted payments. I have asked for a statement of accounts, they emailed back to say that they had updated my online records but I cannot see any statements there apart from the last 12 months
The debt is listed on my dmp as NCO Europe Shop Direct.
Who do I submit my complaint to?
Thank you
Mark says
I have noticed that in a number of the rulings related to credit cards the ombudsman appears to be using the UK card association guidelines 2011 (January) relating to credit limit increases which suggests a number of exclusions Inc current arrears, exceeding limit, and entering into dpa or repayment plan.
In addition vanquis seem to be stressing the 30 notice period and so does a couple of the ombudsman rulings.
Has anyone on here had any luck with them?
Dan says
Very and vanquis are both nemesis of mine too, vanquis have acknowledged my complaint but very no longer accept emailed complaints by the looks?! Means you have to print and post the old fashioned way?!
Getting these and a likely loans complaint upheld would change my life!
Just wondering if anyone has struck an agreement to have them removed from credit file but no refund?
Sara (Debt Camel) says
No – that would be basically asking a firm to lie to the credit reference agencies. They will refuse unless you can show the lending was unaffordable – so you r best approach is to make a simple unaffordable lending complaint asking for a refund and your credit record to be cleared.
Stu says
Do capital one cantact you via post if you make a complaint?
keith says
Hi Stu yes they do, and at mo capital one are very quick at replying they just sorting complaints out then write with outcome at mo they responding within 10 days, they were quick with my and upheld fully
debbie says
Any advice please.
I have put in a complaint against Lloyds TSB about an overdraft from 2005 they kept increasing without my permission just so they could keep adding more charges. The adjudicator has now said that they cannot do anything because I should have brought the complaint to them within three years of when I reasonably knew I had reason to complain. Until March this year I didn’t know I could complain to anyone but Lloyds or their DMC which I did many times but they didn’t do anything. Surely not knowing I could complain to an official body is an exceptional circumstance?? Is there anything at all I can do?
Morag says
I had the same outcome. The only special circumstances are , if u were in the hospital or aboard at the time.
Sorry☹️☹️☹️
Sara (Debt Camel) says
Your complaints were they in writing? If they were, did the replies inform you that you had the right to take the case to the Ombudsman?
Morag says
Yes, I have an overdraft for £10k and a credit card for £12k. My wages were £1000 per month. I took this to the FOS with all my other payday loans etc and Lloyds said no as it was outside the 6 plus 3 year rule.
I tried my hardest with the FOS as well but no luck☹️☹️
debbie says
Hi Sara
My complaints were all in writing and at no point did Lloyds, their solicitors or any of the DMC’s say I could refer it to anyone.
Sara (Debt Camel) says
I think you should tell the adjudicator this – that you did complain but lloyds never told you that you could go to the FOS.
debbie says
Hi Sara,
I have sent the adjudicator a copy of a letter I found in some old paperwork, this is the last paragraph:
I would further request that you suspend further charges and interest on the account and remove all interest and charges added to my account in the last 5 months. Please could you also explain why my overdraft limit has increased from £400 to now over £2700 as I have not actively used the account since September and the main reason for the outstanding amount appears to be charges.
I never received a response as to why the increases happened only that they refused to to suspend the charges and interest and would continue with their collection procedures. The adjudicator says this is not evidence that I complained. do you think it’s worth passing on to the ombudsman?
Thanks
Heather says
Is there a letter template for writing to the FOS? Capital One have rejected my complaint. I opened Cap 1 account in Jan 2014 & Luma card in June 2014, similar situation to the upheld complaint, was over limit on Cap 1 card when I opened the Luma account. Any advice would be greatly received.
Heather says
I got a reply back from Capital One/Luma today saying they feel they have investigated my complaint correctly and their decision remains unchanged. I completed the online form for the FOS last week but I haven’t heard from them yet to confirm they have received my complaint. What is the procedure when a case gets referred to the FOS?
Sara (Debt Camel) says
It is odd they don’t send an automatic notification to people, but they don’t. These cases are usually picked up pretty quickly. An adjudicator will be touch when one is assigned.
Lisa says
I have received an auto resonse to each of the complaints I have sent to the FOS, each one has ended up in my Junk folder.
Nigel says
Hi All
I have some good news regarding Shop Direct, Littlewoods refunds. Today, the day my complaint was about to go to an Ombudsman, Shop direct have made me an offer. It is basically in line with what my adjudicator had come up with in his assessment. My refund will be £1,790. Negative info removed from file. I am extremely happy with this outcome as its been a really tough battle dating back to September 2016 and the original complaint.
I have a lot of background info on this but dont really want to say to much on a public forum. But the same rules applied, It was increases in available credit without ever asking for them, then when they wanted £560 a month on an £8,000 balance and I could not afford it the problems started, I used £6,500 credit in 6 months. I went into a £200 a month payment plan. Not once did they question this spending, but still actually raised my credit limit, even though I had 23 payday loans on the go in those months. I settled the balance last Christmas from a payday loan refund.
Good luck to anyone on this, Its hard work, they are really hard work. But it has been very rewarding.
Steph says
Great news Nigel, are you able to give any info on dates? E.g date of original complaint, when it went to FOS and how long it took to settle?
Thanks
Nigel says
Yes I can
So original complaint was in September 2016.
Very poor response from Shop Direct, everything by post and delay after delay. Finally got a final response after 13 weeks. Totally refused point blank on everything I had said. I thought about it for a few weeks but then decided to send to the ombudsman in March 2017. I was told it would be hard to prove and a difficult case, but the more I thought about it the more I Believe it was winnable. Adjudicator made the first assessment submitted it a month ago, they again dismissed came back with some other stuff, adjudicator still held firm on his views. They then asked to see proof of my payday lending, that seemed to be key as obviously it showed the level of debt and borrowing, that’s the point when they came back with the offer. The wait for ombudsman on these cases is two weeks, not three months. So it’s quick at this stage.
Dan says
Hi Nigel, thanks for the updates…
£6,500 in 6 months on shop direct – were you buying and selling things on?
apologies if that’s a bit personal but seems a lot of money to spend on s/d when you have debt problems
Yes I did buy and sell but only one expensive item, all to help pay a debt caused by my gambling problem… not that I used the money to actually pay the debt! then I incurred charges, high interest etc etc, sold the item well below value too so probably got myself about £400, or two minutes gambling tokens and repaid over £1,000 plus caused further damage to my credit report, meaning I could only access high interest rate credit/loans etc – bad times!
anyway, congrats on the perseverance and outcome! – I’ve just started the process so will strap in for a long ride!!!!
Nigel says
Hi Dan
Well yes, I had to find cash to survive I was that much in debt, It was also the same Item I kept buying .
Ben says
I funded my gambling by transferring money to a cc and then using that to deposit so my bank statements just show repeated deposits to the same cc, hundreds each month, do you think that will ruin my chances with FOS as it all looks like discretionary spending
Ben says
multiple payments for the record, not just one lump sum
Sara (Debt Camel) says
That shouldn’t be a problem – you can always show your credit card statements as well as your bank statements.
Ben says
OK, thanks, I’ve recently closed that account, should I start the process of obtaining full statements – account opened in 2010 so there would be a few!
Sara (Debt Camel) says
Have you sent the case to the Ombudsman? You may want to wait and see if they ask you for the CC statements – or you could try to get ahead… up to you.
Dan says
Hi, I’ve been charged nearly every month for either late payments or going overlimit on my cc’s but I’ve realised my credit report doesn’t reflect this, because I’ve always tried to rectify quite quickly, if they had updated my credit file to show these late payments surely my limits would not of increased and I would not of been able to borrow elsewhere.., is there a case to answer there?
On the flip side, one is barclaycard which is a company I would potentially use again in future so if I make a complaint would they effectively Barr me in future? – I’m thinking mortgage in future…
Thanks
Sara (Debt Camel) says
A lender should take into account if you made late payments a lot, even if they didn’t report them to your credit record.
I wouldn’t worry about a future mortgage – there isn’t a shortage of potential lenders, just cross Barclays off your list!
Lily says
I have only made minimum payments on Halifax credit card since 2014, I was blocked from using the card then but interest has still been applied to the account, I have only now written to Halifax asking for help/refund of interest, what is the likelihood of getting the interest and any charges refunded since 2014 when the card was stopped?
Sara (Debt Camel) says
why were you blocked from using the card – had you missed payments? what was your credit limit – had it been increased?
Lily says
Yes I had missed payments, the credit limit was £4300, it had been increased but a long time before I started missing payments. I had a phone call this morning from Halifax to find out about my situation. They asked if I had spoken to them about my money problems but I didn’t do that as I thought things would improve, hopefully that wont go against me.
Lily says
If I should have asked for help a few years ago (2014) to get the interest stopped but didn’t, what is the prospect of the bank refunding the interest to the account now?
Sara (Debt Camel) says
If you didn’t tell them you had problems , I doubt that you will get any interest refunded.
Lily says
Nightmare! I will wait until they phone me again by the end of this week, the lady I spoke to was nice. Hopefully they will be sympathetic as I thought I could cope but I just have to be realistic about my situation
Lily says
The card has not been active since Nov 2011 when they didn’t issue me with a new card after I had missed payments/late payments, but the interest was still being charged.
CJ says
Hi Sara,
Thanks for all the information here, it’s great. I know you say that you can’t complain just because of a high interest rate etc, but I had a Vanquis credit card with a £250 limit, on which I was making the minimum payment for around 5 years! Even that small limit was unaffordable to me.
About 5 years in, Vanquis increased my limit to £1k, without a request – I just received a text letting me know, and my credit report showed the increase.
In the 5 years of payments, I made a dent of about £15 on the actual balance. When I applied for the card I’m ashamed to say my credit report would have been shot to pieces, showing lots of late payments, a number of defaults and 2 CCJs. After the limit increase, I borrowed the money from my other half to pay the card off, and I have now destroyed it.
Might I have a case?
Sara (Debt Camel) says
My point is that you have to show the repayments were unaffordable and meant you had to keep borrowing.
Of course the fact their interest rates are so high contributed to this, but it is the unaffordability that matters, not the interest rate. Someone who was well off but foolish enough to use a vanquis card and keep a balance on it couldn’t win a complaint because the interest rate was high – the complaint would fail because they could have afforded the repayments.
Yes it’s worth complaining – these cases have an erratic success rate, you aren’t sure to win but it’s worth a try and don’t be put off if Vanquis say no, take it to the Ombudsman.
Sara (Debt Camel) says
BUT did you have Vanquis’s ROP product? If you did, read https://debtcamel.co.uk/vanquis-rop-refund/ and also complain about that.
mark says
I have recently had to refer mine to the ombudsman from an adjudicator to Vanquis as the adjudicator was of the opinion that my financial difficulties and increased lending with vanquis inside and outside Inc with payday lenders and using the vanquis card for cash and to pay payday lenders would not have alerted vanquis to my situation over 18 months my limit utilisation was 97% or more Inc after each of my 3 limit increases, I cannot fathom it even when I pointed this out he was satisfied with vanquis explanation that “that’s just how people use our cards” and they therefore would not have cause for concern short of being in a repayment plan or default or bankruptcy he could provide me with no examples of anything that would give them cause for concern as I was always within the limit a nd made minimum payments I was flabbergasted not holding out much hope for the ombudsman.
Sara (Debt Camel) says
Did you ever have the ROP product? If you did, put in a claim for that in addition!
mark says
Fortunately I did not take out the ROP just astounded how much of the benefit of the doubt the ombudsman gives lenders.
Bluelucy says
Hi all . I’m just going to put a complaint letter to vanquis and capital one . Does any one have the address to send them to please . Thank you
Ross says
Hi Bluelucy,
Vanquis is
customer.relations@vanquisbank.co.uk
Capital One is
Complaints Resolution
Capital One
PO Box 5281
Nottingham
NG2 3HX
OR if you can still access your account, online, you can submit an online complaint.
michael says
Hello,
I just wondered if anyone else had encountered this .
I took out a jd williams catalogue in 2012 my credit limit was quickly withing 6 months upto £1200 never asked for these increases and of course being unemplyed at the time and short of money spent the money. always paid minium payment missing it at times , however jd williams then went on to allow me to open Jacamo account and finally a fashion world account all of which were running at the same time missed payments all over and ever increasing credit limits until I just could no longer afford. anyway I am now aware jdwilliams gives you one account number to use accross the board not multiple accounts to wrack up unaffordable debt on. I am now defaulted on the accounts and on the brink of bankruptcy I am working now but all debts considered a messy breakup and two children i just can not afford my debts. I have been told to get my ppi claims in and so on to try and pay of my debts is it worth pursuing this with Jd williams I did ask them to write of the debts several years ago due to them increasing the credit limits to much but they just ignored me. I have also contacted the ombudsman as was not aware that i could even pursue this it was more to complain that i thought it was unfair selling to let a person who is clearly in financial difficulty take out futher accounts with one company thanks for any advise
Sara (Debt Camel) says
You can complain about the increased credit limits.
But how much do you owe at the moment? And are you able to make any repayments to your debts or only token ones? Are you renting?
Nigel says
Hi All
Just one last bit of information for you on my now settled loan. OAFS have refunded my 25 Euro fees as i accepted the offer that I had from Northway, despite the fact that I probably, well definitely, would not have had that offer with out there input. Great service.
Heather says
Do you have any background/more information about the person who got his/her complaint against Capital One – that might help my case with the Ombudsman if there is a precedent case.
“One reader was allowed to open a second account with Capital One – the Ombudsman decided this was unfair as he had quickly reached and gone over his limit on the first card.”
Sara (Debt Camel) says
No more info – and the Ombudsman doesn’t work on a precedent system. But you have the bones of a good argument, you need to add the details of your own case to it.
Steph says
NewDay trading as Aqua, Barclaycard and Littlewoods
The investigator who’s been dealing with my complaint at the FOS wrote to Aqua 2 weeks ago upholding my unaffordability complaint. She’s today emailed me to advise that Aqua have disagreed with her findings, but haven’t yet confirmed how…..
Interestingly, when I spoke to the adjudicator dealing with a similar complaint for Barclaycard, he was of the opinion that I won’t get anywhere with my complaint as it was my choice to accept the increase and if I was making regular payments, shouldn’t have been an issue despite the fact that I was only ever making the minimum and was overlimkt a minced of times leading up to the credit limit increases, but I’m waiting for him to officially confirm his findings.
Nothing from Littlewoods, who are now over their 8 weeks and I’ve refereed to the FOS.
Feels like I got lucky with my Very complaint a few months ago with an £8,000 refund of interest and fees.
Ben says
Hi Steph, sounds like a huge refund from Very – I guess that means you had a very strong case? Any feedback on what swung it in your favour though, my complaint is still with them but I don’t think it is going to be successful as I seem to be missing out on most of my complaints, just wondering if there is anything that you could pass on that might help me swing it in my favour – I reckon I must of paid a fair chunk in interest and certainly on fees
Steph says
Hi Ben, sorry, I’ve only just seen this.
I had a huge limit with them (£7,300) and was charged £500 alone in late fees and the rest was interest which evidently had racked up.
I was frequently late with payments, and at the time of complaining, was in a repayment plan with them. The investigator at the FOS didn’t even investigate. Very instantly sent an offer to refund everything as soon as I got the FOS involved. Persevere with it as they may do the same with you. Particularly if you have a high amount of debt with them still O/S.
Good luck!
Steph
Matt says
Hi,
Is it possible to get historic snapshots of your credit file to support as evidence from say Equifax? I am looking at making a complaint but would interested to know what my credit file looked at around the time Barclaycard increased my limits.
Thanks
Sara (Debt Camel) says
No – well not unless you have been subscribed to Experian or Equifax expensive monthly services for years, if you have then contact them and they may be able to produce an old report for you.
But for 99.9% of people making these complaints you just get a current report. This will show you problems going back 6 years. So if you had a credit increase from Barclaycard in March 2013, then a default added to your record in December 2012 or a CCJ in September 2012 would show and Zbrclaycard could also have seen them if they had bothered to check in March 2013.
michael says
Hello Sarah , thank you for your response across the there accounts I owe £3k. They are now with Lowell I pay £1 pm on each. Private rented property. I also was never asked a out credit increases everytime I made a payment regardless of if it was late they increased the limit and allows me to have three accounts with them. I look at it now and I even wrote to them prior to default to explain my wife had a breakdown and we couldn’t pay could they default and stop interest but they didn’t stop for a further 12 months.
Lynne says
Hi Sarah,
I have a debt with Robinson Way which was aqua card. I asked them in July for the credit agreement in July, they said they would send it out. Today I received an email to say they would send another one out. They also said I should carry on paying, they would put my account on hold for 2 weeks, they said this in July.
Should I wait or stop paying?
Amy says
Hi,
I sent a complaint to Lloyds TSB regarding a credit card and use the template above.
A week later they called me advising they apologise for raising my credit amount and will put a stop on that and wanted to close the complaint!!!
I explained that my complaint was due to them raising my credit limit even though I had only paid the minimum payment for a few years and my credit score is atrocious It meant I kept spending – this was a irresponsible lending complaint – The lady seemed bemused and advised that was their final response, I asked her to send that response in writing so I could raise the case with FO but she said the final response would be this phone call??!?
Are they allowed to do this?
Sara (Debt Camel) says
Well it’s poor complaint handling but it’s simpler just to send the complaint to the FOS than argue with the bank about this…
When you send the complaint to the Ombudsman, say that they have given you their final response over the phone and refused to put it in writing when you asked. Did they actually tell you you had the right to take the case to the Ombudsman? If they didn’t, they should have… another thing to mention to the FOS.
Amy says
Thanks Sara – No they didn’t mention it at all – I’ll make sure its included in my complaint.
Dan says
I’ve just worked out I’ve paid £6k in charges to hsbc in last six years, o/d interest and overlimit charges, plus loans etc with them, have spoken to them a few times about gambling related issues, I dread to think what previous years would be as used to be even worse, I’ve raised a complaint with barclaycard but thinking I may need to be careful as been with hsbc throughout and think I may end up informally blacklisted?
Sara (Debt Camel) says
“informally blacklisted ” this doesn’t exist. Have HSBC ever increased a card or OD limit or given you a loan after you had told them you had gambling problems? or after you had already been turned down for another product – eg they upped your overdraft even after they had refused you a loan?
Ben says
yes, but I couldn’t say how close together that would of been, I think I have spoken to them on at least three specific occasions about my gambling problem, in person and even got to the point I asked for blocks etc on my account, including zero overdraft etc – they gave me that but I still ended up with loans and overdrafts – I dread to think how many returned payments I have had over the years. I didnt think I would stand a chance with them as they seem to be quite strict but the more I look at it the more I wonder now. I also don’t want to apportion blame for my decisions to gamble.
I have ordered all my bank statements, they have returned the cheque and said they are sending FOC – have max two weeks before they arrive – gonna trawls through the whole lot, sadly most of my potential claims will be over 6 years as I stupidly accepted a WONGA offer in 2015, for £2,500 when I now calculate I paid around £8k in interest – they did say I could refer to FOS but I just trusted there response. thanks for the reassurance about being blacklisted
keith says
Hi People / Sara
Any one put complaint in to studio? I put in on 16th august got email back week later seeing received then I emailed them today as 4 weeks they said still to be picked up by an handler at studio.
jb says
I did, they came back very quickly and basically just said it was my own responsibility to check that I could afford the repayments and that they justified credit increases by saying I was making the minimum payment despite the fact I had numerous late and missed payments before the increase. Good luck with yours though.
keith says
I see thanks JB , so what you doing with yours now? as still they should ensure you can afford and that
jb says
They have now sold the account to an debt recovery agency (lovells I think). I’m going to pass it over to the FOS at the weekend to see if I have any luck with them.
keith says
oh I see well good luck mate
keith says
update – Capital one I must say are very good and quick and upheld all my complaints fully and within 2 weeks of complaints going in.
as long as you have your account details your name, address, account number, date opened, any increases etc, made it so easy
sasha paton says
Hi sara
would just like some advice as i dont really understand fully about the credit cards and catalogues. i will give you an example i opened my studio catalogue account in 2005, ordered goods all the time and always only paid off the minimum amount eventually they increased the credit limit to £3500 at which point even the minimum payment i couldnt make. i went on a repayment plan and then eventually a dmp which actaully i still pay on studio to with a balance still of £1800. Being that i opened the account so long ago but the debt is still ongoing can i do anything about this? by the time they had increased it to such a high amount i was in financial difficulty and had been paying back minimum amounts for years? basically had the same with Vanquis, Next and barclaycard too those 3 are now with debt collection agencies though so is there anything i can do?
Sara (Debt Camel) says
Unless the credit limit increases you are complaining about are in the last 6 years, you are unlikely to succeed with a complaint about them.
With really old cards and catalogues, one thing you could do is ask the debt collector to produce the CCA agreement for the debt. See https://www.nationaldebtline.org/EW/factsheets/Pages/getting-information/credit-agreement-advice.aspx which has a template letter for this – note that you have to send £1 with your request. If they can’t produce the CCA then the debt is unenforceable in court and you could simply stop paying.
Sasha patu says
But wouldnt a debt collector show up at my house or anything?
Sara (Debt Camel) says
If they can’t produce the CCA? No, from that point on you will get the odd letter saying you still owe them money and would you like to pay it, please? But no court, no bailiffs. And no one is going to send round a debt collector as that would cost them money and they know you aren’t going to pay. In case you think this sounds like dodgy internet advice, National Debtline, who produce the fact sheet and template letter, are a very large and well respected charity.
Matt says
Hi,
Just after some advice on whether i could claim against Barclaycard?
I had an original credit limit of £6500 from them that went quickly. In fact i went over that limit within 7 months of opening the account with them. Then the following 21 months of using the card my average utilisation of that card was 98.6% and i was over the limit 6 months. I paid a fixed payment which was just above the minimum and had to top up sometimes to get my balance below the limit.
Then, Christmas they increased my balance to £9500 and at the time my credit score was a measly 320 and i had just got a personal loan of £6500 a couple of months before and my credit card utilisation across all my cards was around 97%. To me i believe this shouldn’t have warranted an increase in my limit if they checked my credit score properly or even looked at my history with Barclaycard. Then when my limit was increased, i quickly burned through that as well.
Do you think i have a case to take this further?
Thanks
Matt
Sara (Debt Camel) says
That sounds like a good case to me. The results with this sort of complaint are a bit mixed, but if Barclaycard reject you, take it to the Ombudsman.
BUT it sounds as though you have a major debt problem. HAve you taken some debt advice on your whole situation?
Matt says
Hi
Just had weeks of being offered interest rate freezes on my account for the complaint and then finally being investigated by a proper team. They have come back with what seems a blanket response… we use credit reference agencies and account conduct etc etc you could have opted out etc so they have rejected my complaint.
What can I do now?
Thanks
Sara (Debt Camel) says
Send your complaint to the Financial Ombudsman. Doing this using their online form is good as that walks you through all the information the ombudsman needs. See https://help.financial-ombudsman.org.uk/help
Matt says
Thankyou Sara,
Do i need to provide all evidence for the claim or do they get it from Barclaycard?
Sara (Debt Camel) says
Barclaycard will supply any specific details such as when your credit limit was increased.
Steph says
Barclaycard
Heard from the adjudicator looking in to my Barclaycard complaint today. He’s rejected my complaint on the basis that I should have refused the credit limit increase if I thought I couldn’t afford it, despite the fact that I went over my credit limit a number of times immediately before the increases were allowed. Unsure whether to progress to ombudsman stage or leave it ….
Any advice welcome.
C says
Hi steph. I am in the same boat my one aujudicator didnt see that nationwide did anything wrong in allowing me to have over 12,000 limit. This has now been passed to ombudsman as I dont agree. However my other credit card, my aujudicator (this one is amazing) found in my favor and agreed that they should not have allowed increases etc. He has asked for all interest and charges etc to be refunded from 2013 to present. Just a waiting game now to see what they respond back with. Good luck, i think its no harm sending to ombudsman but make sure you make valid points and refer to the lending standards board credit card association rules etc
Steph says
Hi C,
Thanks for your response.
What are the lending standards board credit card association?
Good luck with your complaint!
Thanks
C says
If you google the credit card association it comes up with all sections that lenders must take into account and abide by (same as lending standards boards and fca) quote these to them to help your case about irresponsible lending and financial hardship. Good luck
Lisa says
How do I put a complaint in to Littlewoods? Is there an email address to send to or do I have to put it in writing?
Thanks
Shannon says
If you still have an account with them then you can log a complaint on their website. Log into your account, go to my details and then account queries to log a complaint.
If you are not able to do that then complaint will have to be made by post.
Heather says
I wrote to Barclaycard at the end of August about my credit limit being increased despite my financial problems but I haven’t had an acknowledgement from them yet, to the address Norwich Way in Liverpool. Is there another address to send the letter to? Or how long should I wait for a reply.
Sara (Debt Camel) says
https://www.barclaycard.co.uk/personal/help-and-support/complaints
C says
Today I am a little overwhelmed and want to say a huge thank you to Sara. HSBC have agreed at adjudicator level to the request submitted. Credit card complaint, I am getting a refund of all interest and charges from may 2013 along with 8% simple interest and my default removed also £250 compensation due to the handling, and all my overdraft charges back from Feb 2013 along with 8% simple interest and £250 compensation for the mishandling of the complaint. Words cannot express how I feel. I will let you know the final amounts when it’s paid. Thank you thank you thank you ?
mark says
May I ask what information swung it in your favour?
C says
My credit history, payday loans, personal circumstances, and also I was living constantly in my overdraft.
Sarah says
Hi looking for advice, I have asked very catalogue for my statements from when my account was open as they only show the last 12 on my account, they have written back to me saying it would cost me £5 per statement which would be a lot as my account was opened 2012? Are they allowed to do this? Or is there some other way of getting this information without paying the £5 per statement? As I would need to see when my credit limit was increased etc
Sarah says
Hi Steph could you give me a bit of info on how you got your refund from very? As they increased my limit quiete often I was also allowed to open a dime and littlewoods account and they kept increasing even tho my credit score was going down and I was making minimum payments, but I have asked very for my backdated statements and they said they will charge me £5 per statement?
Sara (Debt Camel) says
You don’t need your old statements – just put in a complaint even if it is a bit vague on the details.
Sarah says
thank you so I just send them a complaint asking to be refunded interest and late payments? And state that I was in financial difficulty at the time and they repeatedly increased my credit limit and was allowed to open further accounts? My limit went upto £1200 and I’ve been in default for over a year and still they have not reduced my credit limit it has just been passed to Lowell but have not made my first payment yet, also do I email my complaint and give them a time frame to reply as I will go to the fos if no reply by then?
Lynsey Croker says
hiya Sara;
I have a query regarding irresponsible lending. concerning an account my Mum had with with K& Co, part of the Shop Direct Group. She was only earning £300.00 a month, but K& Co increased her credit limit to £10,000.00. She could only afford to pay the minimum amount, and no more. She does not have any of my statements from this time, only the last one, which shows she had a nil balance, because she eventually managed to pay it off. it does show the £10,000.00 credit limit. We both can’t remember the ins and outs of everything, as it was few years back, but she got in touch with SHop Direct and asked for the last 6 years of her statements for this K & Co account, and they have advised that she can have them, but she has to pay £5.00 per page. Is there anything I can do about getting these without paying the £5.00?
thanks in advance
Sara (Debt Camel) says
She doesn’t need these statements. I would bet a very large sum that she wasn’t given a 10k credit limit when she opened the account so she just needs to complain that they increased her credit limit without performing enough checks.
Lynsey says
thanks Sara. so would you advise that I simply write to Shop Direct complaining about the credit limit increases without the statements. Do you have any template letters that I could look at?
thanks in advance
Sara (Debt Camel) says
Yes. the post above has template paragraphs – pick the ones that are relevant to you and use that as the basis for the letter. BUT do read it through and make sure it reads well and nothing is missed out. These are suggestions to get you started, they aren’t special wording that you need to use.
Jackie says
I put in a complaint with barclaycard on Thursday as I have been reading about irresponsible lending and as I’m at my limit actually gone over and was charged a fee and lost my promotional offer was feeling pretty fed up that I’ve let my finances get so bad. I received a phone call today but was at work so didn’t answer. Received an email tonight saying I’m near my credit limit and when I checked my account I’m actually no longer over my limit and have £200 credit left so they must have credited my account. Does this mean I am in a good position to receive a refund of interest and charges?
Sara (Debt Camel) says
I am reluctant to guess what has happened- can you see the details of your account so you can see if they have removed the charge added? Crediting your account at this point seems unlikely.
Are you still using the card? If you are, I think you need to stop. If you can’t afford to to do this, this is a good time to take debt advice… talk to StepChange about your whole finances and what your options are. Also do this if you can’t afford the minimum repayments to this card and your other debts without borrowing more money or getting behind with essential bills.
Getting yourself into a safe financial position is important. It doesn’t harm any affordability complaints, it reinforces them by showing you can’t afford the repayments AND it gives you time to let the complaints go through, taking them to the Ombudsman if necessary.
Jackie says
thank you for the reply Sara – I have received a letter from them this morning which tells me they have refunded 2 default charges and made a credit of £202 as a goodwill gesture they have also offered to reduce the interest from 26.9% to 6.9% until the account is paid in full but I have to ring them to get this in place. I must admit I’m tempted to agree to this and cut the card up.
What are you thoughts on this?
Sara (Debt Camel) says
Cutting the card up is an excellent move whatever you do. Can you afford the minimum payments at the moment? What is the rest of your financial situation like? If you had a promotional offer, presumably your credit score has been pretty good until recently?
Jackie says
I can afford the minimum payments so I will ring and accept the offer. I have a bit of credit and a large overdraft and catalogues which all mount up when you add them up so I’m trying to reduce my outgoings and not take anymore credit. I owe tax credits money which isn’t helping my situation. I’ve overstretched myself and need to cut back. Do you think its worth pursuing the irresponsible lending or just leave it at what they have offered me? thank you for your responses.
maria says
Hi i just want some guidance,
I had 4 credit cards and a personal loan prior to taking out two new credits cards (tesco 2400) (m&s 2000) my finances were out of control and gamblimg was also involved So i took these new cresit cards and now its gotten out of hand because i have utilised these cards fully and the minimum payments on them are quite high as am only paid £400 a month in wages as am a student, my utilisation of existing credit cards before these two was quite bad and my credit history was bad proir to this but is there me any chave putting a complaint against tesco and m&s for lending to me at all? And at such high limit?
Thanks
Archie says
Hi,
Please could you advise took out a vanquis card in 2010-2011 not sure exactly when for £750. I was in loads of debt at that point, ccjs and using pdl to meet my expense. Loan was sold off to Lowell.
Please could you advise how to approach this was definitely going so many financial difficulties which i can proof from amount of overdraft charges i was getting and pay day loan.
I am still repaying this debt, can i ask for interest and charges on the debt – And who would it be Vanquis or Lowell.
Sara (Debt Camel) says
Have you defaulted on this debt?
Did you originally sign up for Vanquis’s ROP product?
Do you have paperwork to prove that you had CCJs in the year or two before you took out the Vanquis card? By now they won’t be showing on your credit record any more.
Have you looked at affordability complaints for your payday loans – these can be simpler, though claims over 6 years old are more problematic and slow going they are definitely worth making.
Archie says
Hi yes. I have defaulted on this debt and have been making payment to Lowell monthly who now owns the debt. I have emailed the payday loan company requesting for loan statement as advised on this site. Wonga. Cash converters. Speedloan. Oakham. Not received anything back yet. I have my bank statement as proof.
maria murrel says
hi
I had 4 credit cards and a personal loan prior to taking out two new credits cards one is £2000 limit and other £2400 i have utilised these cards fully and the minimum payments on them are quite high as am only paid £400 a month in wages as am a student, my utilisation of existing credit cards before these two was to the quite bad and my credit history was bad proir to this but is there me any chanee putting a complaint against tesco and m&s for lending to me at all because i already had high utilisation on credit cards on a low wage and was struggling with debt. i took these 2 cards as they had 0% purchase offers for 2 years on both, BUT the minimum payment on both equals £100 a month which is a 3rd of my wage.
Thanks
maria
Sara (Debt Camel) says
Yes there is a chance, it’s worth putting in a complaint. But it will be your whole financial situation that matters not just your p/t income.
maria murrel says
hi sara M&S have rejected my complaint straight up. they said..
“Thank you for your message of 8 October, about our decision to accept your credit card application.
We used the information you provided which stated you were employed full time, and our own credit scoring, as well as information held at the credit reference agencies. This included information on your financial commitments elsewhere and details of your payment history. On this basis the application was accepted.
You chose to apply for the card and have subsequently purchased goods and services. I am unable to write off your balance. We do expect at least the minimum payment each month.
If you are struggling to meet this commitment, we can make a payment arrangement for a lower amount to clear the debt. If you wish to do so please contact our Credit Services department on 0345 300 1311.Please be aware arrangements or none payment may affect your credit file and ability to obtain credit in the future.
Under the circumstances, I have not found in favour of your complaint. ”
should i sent it to FO?
Sara (Debt Camel) says
Did you say you were employed full time? Your credit score must have been pretty good to get a 0% offer. If you exaggerated your income and your credit score was good, it may be that M&S couldn’t tell you had problems so you are unlikely to win your case.
Did yiu ask for the balance to be written off? Because that isn’t how this sort of refund works, yiu gat a refund if interest you have paid which is then used to reduce your balance ( sometimes by a lot!)
keith says
Hi Sara
Advice please I did my mothers claim to studio 7 weeks ago I emailed them this week to find out whats happening, to be emailed back saying still awaiting a complaints handler to look at it.
Sara (Debt Camel) says
Send it to the FO at 8 weeks.
keith says
ok thanks Sara , I cant get over how hasn’t even been started to be looked at, bad isnt
Paul says
Hi all,
I submitted a complaint to shop direct nearly 3 months ago and still no response. It was in regards to 3 accounts I had with them, very,littlewoods and additions direct (very). I was young when I took out credit with them (19) and only on a 20hr contract a week at min wage. everytime I was closer to my limit they increased it which resulted in me defaulting all 3 accounts which are still hounding me just now and it has messed my credit right up. As said I contacted shop direct about all 3 accounts but have heard nothing. I dont have record of the letter sent or tracking number due to a laptop failure. Am I right saying that even though they are with debt collectors still to contact them or should the letters go elsewhere. As I havent had a response I guess I am back to square one ?
Sara (Debt Camel) says
Even though the debts are with debt collectors you should still talk to Shop Direct. (And also tell the debt collectors that you are complaining to Shop Direct.
Have you phoned them up and asked about your complaint?
Paul says
Hi Sara,
I phoned about 3/4 weeks ago and was advised they couldnt help and the complaints team will respond soon.
Paul says
I found the letter I sent to shop direct and it was delivered on the 17th july. I remembered I opened up a resolver complaint also which has all my case logs. As shop direct have not even aknowledged my complaint even though they signed for it I will be contacting FO today
Billy says
Steph/Scott in reply to your claims with Aqua have you had any luck? understand both your cases have gone to ombudsman – have they agreed with the adjudicators? Thanks
Scott says
Hi Billy,
My complaint has just recently been assigned to an Ombudsman and I am still waiting to hear.
Hoping it won’t be too long. I will post response for you once I get it.
Scott
Steph says
Hi Billy,
I sent mine to the FOS at the end of June. One of the investigators picked up almost straightaway and took ownership of my case. Aqua have dragged their heels a lot. About 6 weeks ago the investigator emailed to let me know she’d upheld my complaint. Aqua disagreed and sent her supporting information of their rejection about 2 weeks ago. The investigator is now in the process of going through all the information Aqua have provided …. think it’ll be a while until I get anywhere!
Good luck!
Lisa says
Does anyone know if it’s classed as irresponsible lending if Shop Direct gave me two accounts i.e. one account with Very and another with Littlewoods. They both have large credit limits one with £2,500 which I maxed out and the other £4,500 which I also reached my limit. I have very poor credit which contains 2 defaults with other companies and my salary ranging from £16,000 – £21,000 in the 6 years I have had my shop direct accounts. My complaint is with an investigator as Shop direct failed to respond within the 8 week time frame. It shouldn’t be too long until I get an answer from the investigator. I’m just curious and wondered if anyone knew.
I would also like to add I had loads of payday loans throughout aswell. (The adjudicators upheld most of my payday loans).