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.
Jason says
Hi Sara, two weeks ago the adjudicator said he would be probably give me a decision against Barclays in ‘days’. They then have emailed me about this. Do you know anything?
I wanted to reach out to apologise for not yet providing you with an answer to your complaint, but also to update you on current events.
Since we last spoke, an internal decision has been made to place certain complaints on hold whilst we review our approach to these complaints. This is due to a recent ruling that impacts the way we consider complaints.
This means that your complaint is currently on hold whilst we look into this. I do apologise for this, as I’m unable to provide you with a date for when we can review things. However, as a Service we feel this is the right thing to do for the consumer.
When I have further information, I’ll update you once again.
Sara (Debt Camel) says
yes you are now the 4th or 5th person to mention. it. I am trying to find out more details
Nat says
Hello everyone! Just wondering if anyone has any complain details for Zopa? I am currently on a payment holiday
Sara (Debt Camel) says
complaints@zopa.com
Richard says
Hi, yesterday, using your template, I sent an affordability complaint for an old (2009) Nationwide credit card. I emailed to the address listed:
karlene.white@nationwide.co.uk.
Should I expect to receive any acknowledgement? I’ve had no reply and wonder if the email address is still in use for these complaints to Nationwide.
Cheers
Richard
Sara (Debt Camel) says
that remains the email address for complaints that Nationwide has listed on the FCA register. If you haven’t heard anything in 4 weeks, I suggest you phone up and aenquire about progress.
Richard says
Thanks Sara understood.
I think though, I’m going to additionally send it to them by post…I do love a letter! :-)
Have a great day.
ads says
Hi
Start of Feb sent irresponsible lending letter off to New Day for Fluid and Marbles cards.
Accounts were sold to Link Financial – however prior to them being sold I entered a DMP with Step Change.
I’ve called them today for an update, and the complaint has been upheld – Marbles £855 / Fluid £243 is to be refunded – this does not include 8% statutory as they state I was not put out of pocket.
This is also £400 lower than I originally calculated as from point of re-activation of Marbles and new fluid account total interest.
I expected the funds to be sent to me as I stated in my complaint “I would like you to refund me all the interest I paid and any late payment charges directly to myself and no third party, on BOTH cards from the point the Marbles account was re-activated (December 2020) and the Fluid account was opened.”, however the agent has told me this is being sent directly to Link Financial to reduce the balance of the debt, which is there policy regardless if I am in DMP / Financial Difficulty.
This refund would of equated to 12mths of payments directly to Step Change.
Can you please tell me:
1) Are they allowed to do this considering they’ve sold the debt to Link Financial – the agent states “NewDay still have an outstanding balance, even though it’s sold to Link so as a lender and for irresponsible lending we are obliged to reduce the debt by passing this to Link”
2) Should the 8% have been included?
Sara (Debt Camel) says
Yes, this is normal
They don’t normally add 8% unless the refund more than cleared the balance so you get a cash refund.
the refunds – do you think they are large enough? Are they full refunds or only partial refunds from an increase they agree they shouldn’t have given?
ads says
1) Marbles account originally in a payment plan until paid off – but then they issued a new card 29/12/2020.
From this date I calculate £499.88 interest and £96 in Fees (OL & Late) – they calculate: £156 OL, £72 Cash Adv, £579 interest – refund £855
2) Fluid gave me a card with limit of £900 in Aug 21, increased it to £1900 in Dec 21 then to £2900 in Apr 22. despite being more than 80% of limit on both cards.
From Aug 21 I calculate £838.55 interest and £48 in Fees – they calculate: £24 OL, £16 Cash Adv, £203 interest – refund £243.
Marbles sold with Bal £2931.50 and Fluid sold with Bal £1,363.57
The refund would pay off 4 of the 11 accounts giving an additional £55pcm to be split between the remaining 7 accounts
Sara (Debt Camel) says
well it sounds as though the refunds are inadequate and you nee to send this complaint to the Ombudsman.
But the refunds will be used to clear these specific debts, not paid to you.
ads says
Just went through statements again.
I cleared both cards off twice to a 0 during the history – which means 8% should be paid upto the point of zero balance (every little helps)
Also Going to FOS with:
Failed to address the agent pushing for additional funds whilst in Step Change DMP
By own admission, identified 2 defaults when Fluid card was issued BUT internal checks would show Marbles credit limit usage (80%+) & was in Payment Plans so Fluid card should never have been issued.
New Day state to contact them AFTER bal is cleared with Link to remove adverse info – As NewDay sold the Debt to Link Financial ALL instances of NewDay should be removed as Link Financial are now reporting.
Funds NOT be passed to Link Financial – New Day sold the debt to Link Financial (at a much lower price), as they no longer own the debt they should not be distributing refunds occured during contractual
transactions to a third party without agreement.
In addition to this as I am in a Debt Management Plan with StepChange the funds should be distributed to ALL creditors OR used to pay off balances of creditors to enable extra funding
being given to the remaining/clearing 4 current Creditors balances with this reinbursment frees up a minimum of £55pcm to be allocated to my remaining 7 creditors and essentially reduces the time frame of the DMP.
As the Debt was sold to Link Financial FULL and FINAL settlement could have been negotiated on at least one account
Sara (Debt Camel) says
The 8% point does not seem worth arguing about to me. The refunds only start to accumulate from the point where your limit was decided to be too high. If you had cleared a balance before then, it is irrelevant.
You won’t win the argument about the redress being passed to Link. This is normal. If the Link debt is in your DMP (is it?) then it makes no difference to the time to clear the DMP if it is distributed between the creditors or all to Link.
I suggest that the important point in your complaint is that the calculated redress is inadequate. Concentrate on what can make a significant difference.
ads says
FOS upheld my complaint and have agreed that the funds should have been passed to me instead of Link.
They’ve been instructed to claw them back.
NewDay have until 25th to object.
Extract:
” upholding this part of his complaint and directing the lender to claw the money back from the debt purchaser and pay it directly.”
“When it comes to irresponsible lending redress, our service’s general position remains that it should be used to reduce a consumer’s outstanding debt. However, if a consumer provides persuasive testimony to support why the money should be paid to them directly instead, and the lender no longer owns that debt, then we can direct the lender to do something different.”
“They told us the following:
‘I could have negotiated a settlement and/or used funds to pay off other creditors to increase the monthly payments to Link.’
So I think they have provided a fair explanation as to why he’d rather have the redress paid to him directly.”
Sara (Debt Camel) says
Gosh. That is a surprise. Expect new day to object.
Ruth says
Hi, I have a complaint logged with the FOS about Next Online and an investigator has been assigned. I submitted a complaint about affordability and how they put my credit limit up from £160 to £3500 in the space of 6 months. They agreed with my complaint but only offered to reduce the balance by £800 (account is currently with Lantern) and offered a Next voucher!
I was just wondering what people’s experiences were with a) timescale of complaints once with the FOS and also b) successful outcomes with Next Online.
Thanks in advance xx
Sara (Debt Camel) says
How long has the account been at 3500?
Offering a Next voucher is a cheek.
Ruth says
Since about 2019. I defaulted quite quickly as the repayments were unmanageable. I have paid the odd small token payment towards it since then via a DMP but barely dented it. I checked with Lantern this week and they have reduced the balance by the £800 they offered even though I didn’t accept anything and informed them of my intention to refer to the FOS so the balance is now about £2500. Thank you
Katie says
Hiya, I was wondering if I can get some help! I submitted an affordability complaint to PayPal about PayPal Credit and also how they are recording my debt.
I got my final response letter and sent it to the ombudsman, the investigator has come back and said they don’t believe they can help –
‘In your case, the account was opened in October 2017 and the limit was increased in May 2018 – this means PayPal were covered by our Voluntary Jurisdiction.
That being said, PayPal withdrew from our Voluntary Jurisdiction in December 2022. This means that any complaint about a lending decision that took place whilst they were covered under our Voluntary Jurisdiction had to be made before they withdrew as a member. By this, I mean the complaint had to be made before 1 December 2022.
Your complaint was made to us in March 2024, which was after PayPal withdrew from our Voluntary Jurisdiction. As a result, we can’t look at your complaint.‘
Has anyone else had the same? I don’t know where to go from here.
Sara (Debt Camel) says
FOS do have a problem looking at olde PayPal cases. This is what they told someone else:
The rules that applied at the time PayPal lent to you changed in January 2021, after the United Kingdom left the European Union. It meant that PayPal had to apply for permission to operate in the United Kingdom and give access to the Financial Ombudsman Service from that point on – but not for acts that happened before January 2021.
That date, January 2021, is before the date you were told of December 2022. But it is still well after the dates that are important for your claim. I doubt you can progress this.
Katie says
That’s what I thought about affordability. Thank you! They are still recording most payments as missed payments on my credit file, they never defaulted me and I have been in a payment plan with them since 2019. They have never had a missed payment, just less from the DMP. If they did have to rejoin after 2021, do you think this means this part of the complaint could be looked at? They refused to instead add a default at the beginning. Hope that makes sense!
Sara (Debt Camel) says
Go back to them and say that PayPal re continuing to incorrectly report to your credit record to the credit reference agencies, every month, so can this be looked at?
Katie says
Will do, thank you!
R says
Hi Sara,
I was wondering if it’s worth putting a complaint through to MBNA who offered me a credit card back in 2017 with a credit limit of £7000.00, at this time it can clearly be seen on my Bank statement i had several gambling transactions, as well as this i was in a spiral of debt with other lenders which can be seen on my credit report, you will also find i was chasing at this time. Having been at the upper limit of my £5.5k on my credit card in Jan 2018 MBNA increased my credit limit to £10k and straight away i used this to do a money transfer again during this time i was consistently gambling and had revolving debt. during this time as well, Over time i have stopped gambling and my parents helped me clear the card in 2022. Is this a good case to put forward? I still currently have a balance of the credit card and don’t want it closed but is this what MBNA will do if i am successful / unsuccessful with the complaint?
Sara (Debt Camel) says
Do you have old credit reports showing your situation in 2017?
R says
No i don’t think i do, if i used an online report agency coukd i obtain this, i do however have bank statements.
Sara (Debt Camel) says
Ok old bank statements will help as the growing payments to other cards will show there.
So this is worth a complaint. Expect MBNA to reject so it has to go to the Ombudsman.
If you don’t have my problems with the card now, add a sentence to the complaint saying that you haven’t had any problems with the card since 2022 when you were Gifted an amount to clear it, so you would like to keep the open.
r says
Hi Sara,
MBNA Called today and said they will not be upholding my complaint because it is time – barred. They advised they will email the final response letter, i am assuming it’s time to go to the ombudsman?
Sara (Debt Camel) says
yes it is.
There may be quite a wait as the Ombudsman is conducting some review about when it can go back further than 6 years, but just send the complaint in.
R says
Hi sara, responce from mbna,, if you realised you had a reason to complain later, you needed to have told us within three years of that time.
As you applied for your credit card in May 2017, you needed to let us know about your concerns by May 2023. Because you didn’t get in touch with us by this date, we’re not taking any complaint about us giving them the account any further. We’re also not going to review any credit limit increase that happened more than six years ago for the same reason.
Based on what we know, we believe you would have been aware about any concerns shortly after the account was opened, during the term of the agreement, or at the latest, when we last increased your credit limit in January 2018. In view of this, it’s reasonable to think you ought to have realised the credit card account wasn’t affordable at that time and would have had cause to complain about this in the past. It is also reasonable for you to have been aware we may have got something wrong by giving you the credit card and been at least partly responsible for what’s happened with the account. Based on all these factors, we consider the three-year limit has already ended.
What we have considered for your complaint
As we received your complaint earlier this month, we won’t be reviewing anything that’s happened with your account before April 2018.
Sara (Debt Camel) says
As I said, MBNA will normally reject an “old” complaint so this has to go to the ombudsman. They haven’t said anything unusual in that response.
R says
This has now been allocated to an investigator. do you think my responces are valid? How long does an investigater normally take to make a decicion? Do they need to wait for MbNa reply?
1 – I do blame MBNA with my repayments because if they considered my situation the amount of credit would not have been offered, at the same time it has meant I encouraged myself into a spiral of debt alongside other debt I had at the time.
2 – I feel MBNA enabled me to make my financial position worse and I blame MBNA for this for allowing a vulnerable individual to take on more debt.
3 – I was made aware of this through social media I saw online and I felt the need to complain due to not being aware of the matter during my period of gambling illness I was made aware within the last 3 years.
. You can clearly see from the transactions I was gambling with various gambling companies leading up to the limit increase, a lot of money came into my account due to my wedding, hence a lot of payments were coming in from my Mum and were going out to wedding suppliers. You will notice I had always been in a negative balance.
As well as this I have attached my credit report the eldest report I had on file was 2022 but it does show my credit commitments at the time.
Sara (Debt Camel) says
So you are answering some FOS questions? You need to make it clear to FOS that you now blame MBNA for this, but at the time you thought the problems were your fault because of the gambling and it wasn’t until you saw on social media that a lender should have checked for affordability that you realised MBNA could not have made those checks.
R says
Hi Sarah,
This is a question that has been asked by FOS and i want to get clarity as to when i saw the social media post, is this in the last 3 years? I don’t want to be in a position where they don’t look at my complaint because i am not asking for it to be looked at in the right timescale. Please find question below, if i was to say last year 2023 would this be ok?
Thank you for confirming this. Can you remember when you saw an advert on social media, for example what year/month this was?
Sara (Debt Camel) says
Well when did you see The advert roughly? I think I saw several for Vanquis and Aqua in 2923 on Instagram. Seeing one about any lender may have made you think about other lenders?
R says
Hi Sara,
I have recieved a response from the Fos today can you explain what this means in simple terms? Does this mean it is with the court and we are waiting for them to make a decision?
Unfortunately there is no update as of yet as we are still considering the he law regarding how time limits work with regards to unfair relationships (S.140 of the Consumer Credit Act) – I will let you know when there is an update on this.
Sara (Debt Camel) says
No it means FOS is still thinking hard about a court decision that was made a year ago. It has put put a provisional decision whioch I suspect the lender is objecting to.
Judith says
Hi there, NewDay have upheld my complaint since I submitted evidence backdated to 2015. They’ve refunded approx £9066 in total but it leaves a balance of approx £4000 . I can’t work out if the figure is a good offer or not . However The letter says
“ Upon receiving the terms and conditions of the account, you would have been able to see all the information, including interest rates and charges. Signing the credit agreement meant you had read, fully understood and agreed with the terms and conditions for your Opus and Marbles Mastercard accounts.
Please be advised that NewDay Ltd rebranded from SAV Credit in 2014. As a result, your Opus and Marbles account was transferred to NewDay in 2014.
As part of acquisition of Opus and Marbles, it was understood that the administration of the accounts up until this point had complied with industry guidelines.
I can confirm your Opus account ending with xxxx was opened on 10 July 2008 and Marbles account ending with xxxx was opened on 31 January 2003. Therefore, due to the time elapsed since you opened your account, we do not have a record of the details of your application as the account opened more than six years ago.”
Based on this information
I have requested a copy of the original consumer credit act agreement in 2003 and 2008.
Can I assume if this can’t be produced the remaining balance on my 2003 card cannot be enforced ?
Thanks in advance .
Sara (Debt Camel) says
Yes that is correct. But the loan stays on your credit record for 6 years after a default or settlement. if hit hasn’t defaulted, then when you stop paying a default will be added.
Judith says
Thank you 🙏
Currently my account is up to date with a pay down plan in place based on the original balance. £473 a month .
Can I request a new pay down plan based on the new balance now the refund of £9066 is applied without it impacting my credit record ? Or – would it be marked as an arrangement to pay – bearing in mind my affordability complaint was upheld ? I’m keen not to impact my 5 yr clean credit record . With Many thanks – a huge help ! :)
Sara (Debt Camel) says
So you can ask Newday to confirm they will delete all negative marks from your credit record when the balance is cleared. Then carry on with the current repayment plan..
But you cant Stop paying.
Heather Newton says
I submitted a complaint to Vanquis at the beginning of February and they have emailed to advise that they apologise that they have not returned with any update within this time and that I can now refer to the ombudsman. They have advised they aim to have an update within 2 weeks, should I wait the 2 weeks or refer to the ombudsman?
Sara (Debt Camel) says
I would send it now.
DTIM says
Hi Sara,
I had 3 credit cards with Newday (Fluid, BIP and Marbles). I made irresponsible lending complaints against Fluid which was closed in Aug, 2023 with zero balance and BIP (which Newday closed this card due to this complaint). To my surprise Newday upheld the complaints (including Marbles which was from years ago and I had forgot about). They have, or are in the process of refunding all fee and interest and have stopped charging interest on the balance of the BIP card.They’ve also said they will remove any negative impact from my credit file.
However, they are also saying that the did nothing wrong but are upholding the complaints and will not be refunding the 8% interest.
Question: is it worth bring this to the F.O.S? The 8% interest does not add up to a lot but I also want them to be told they were in the wrong.
Thanks
Dave
Sara (Debt Camel) says
They are refunding all interest? Or all interest after a certain date and credit limit?
Dtim says
I responded to their letter and asked, they said all interest and all fee except for the 8% interest.
Sara (Debt Camel) says
And ones the refund they are offering sound right for all interest and charges?
How large is it?
DTIM says
Hi Sara,
The refunds seem maybe less than what I would have expected but not by much. Over the weekend, my credit score dropped by 90 points as they have updated my accounts to ‘query’. The fluid card was paid in in Aug 23 – a week or two later the gave me 5p in credit for no apparent reason which has left this account as showing as open, despite me requesting the close it.
I think I’ll go to the FOS now as they have now negatively impacted my credit file.
Thanks
Dave
Sara (Debt Camel) says
the Query should not affect your credit score and should be removed now they have responded.
I suggest you phone up and ask why the account has not been closed.
DTIM says
Fluid said it was due to being in credit, (a whole whopping 5 pence they randomly added shortly after me clearing the balance and closing the account.) They’ve processed the £452 refund – though it’s not cleared into my account yet.
I had the card for about 18 months £300 limit for the first 6 months increasing to £1300 for the last year at 59% APR. Their response did not say how much interest was paid so I don’t actually know how much should be refunded – they did say all interest was refunded but forgive me if do not trust them…
Sara (Debt Camel) says
Ask them to send you details of how much interest you paid every month.
Jason says
Hi Sara, did you manage to get any info on this statement that some of us have been receiving from the FOS? Thanks
Since we last spoke, an internal decision has been made to place certain complaints on hold whilst we review our approach to these complaints. This is due to a recent ruling that impacts the way we consider complaints.
This means that your complaint is currently on hold whilst we look into this. I do apologise for this, as I’m unable to provide you with a date for when we can review things. However, as a Service we feel this is the right thing to do for the consumer.
Sara (Debt Camel) says
All I have found out is that there is some form of review ongoing.
Jason says
OK thank you
D says
Hi Jason
For your complaint, is this to do with jurisdiction (over 6 years old) ?
Jason says
Hi,
Sorry have only just seen this. Yes it is
e says
Hi Sara
I sent three affordability complaints:
Nationwide have rejected: ‘We cannot see we have done anything wrong’; For background, they approved a credit card one month after I applied for a Barclaycard credit card with a £5000 limit (I had been left a single parent with post natal depression and I can see it was irresponsible on my part). I banked with Nationwide, so they could see that my earnings were very low and I had other credit.
Shop Direct/VERY have written: ‘Shop Direct Finance considers this complaint is outside the jurisdiction of the FOS’ (last credit increase was 2017). Lowell, who bought the debt in 2020, have ignored my complaint against which points out I’ve been repaying this debt monthly via Step Change since 2018 (no spending) at approx’ £28 per month but the current balance is higher than the default balance Lowell recorded 3 years ago. I have two accounts with Lowell – only one CCA for Shop Direct/VERY has been provided.
Link Financial (bought debt from Barclaycard) responded on their behalf. They maintain they’ve provided a complete CCA. Though no credit limit has been provided, this is fine. Irresponsible lending won’t be upheld as the original lender conducted all necessary checks prior to accepting an application. I had late plus missed payments on two other separate credit accounts when I applied for the credit, however.
Feeling despondent. Thank you
Sara (Debt Camel) says
Send the Nationwide one to the ombudsman.
Are you asking for a CCA at the same time? That is simply confusing.
SD – did you have two Very accounts? or one Very and a Littlewoods?
Have you made an affordability complaint to Barclaycard?
e says
Hi Sara
Thank you – I will send Nationwide to Ombudsman. It is out of the 6 year time frame but Nationwide didn’t mention that.
I requested CCA’s and statements for all my debts in December. I then read on here about affordability complaints and I submitted two out of my three debts, last month.
I had one VERY/ShopDirect account plus a Debenhams credit card both sold to Lowell in 2020 when I lost my job. Only one CCA provided for VERY.
I have made the affordability complaint to Barclaycard which they (Link Financial) have said it will not uphold on the basis that Barclaycard undertook all the necessary checks when I applied.
Sara (Debt Camel) says
Have you had a reply from Barclaycard itself?
e says
No, I haven’t. I did send the complaint direct to Barclaycard and CC’d Link into the email.
Do you think I have a legitimate complaint against Lowell concerning my balances. My balance is higher now than it was 3 years ago, despite paying £28 monthly via Stepchange and no spending. Had you not advised me to look at my reports held with the 3 CRA’s I’d never have realised. I asked them for an explanation some 4 weeks ago but no response. I also reminded them I’d been waiting 5 months for a CCA for the second account held with them but no response.
I need to secure more appropriate accommodation for my children and I and am so desperate to repair my credit score. Hence trying whatever I can to reduce debt or have defaults removed.
Sara (Debt Camel) says
Don’t cc Link on complaints to Barclaycard. It has nothing to do with them.
Did the reply from Link say you had the right to take the complaint to the Ombudsman? Did it say specific they are replying on behalf of Barclaycard? Can you copy in what it said
e says
From Link Financial…
INVESTIGATION DETAILS
Following receipt of your dispute, I have conducted a full investigation into your concerns and can confirm the following:
Firstly , I would like to advise that we have fully complied with my request under section 77/78 of CCA. The information that has been provided to us has deemed your account legally enforceable. (They now provide the date the account was opened, previously missing). (Credit limit is missing). They state breaching Section 78 does not, on its own, create an unfair relationship…
2) Irresponsible lending
Having reviewed the points in relation to irresponsible lending, I have been unable to uncover an explanation as to why you believe there has been an unfair relationship. Barclaycard are responsible lenders and they consider numerous factors and conduct all necessary checks etc.. At any time you are unable to maintain the amount of credit it would be your responsibility to ensure that the original lender is made aware….
I request you to contact Barclaycard to allow a full investigation (letter was fully addressed & emailed to Barclaycard, Link cc’d regretfully).
OUTCOME
Due to the information I have provided, your dispute has not been upheld. Currently you remain responsible for the outstanding balance of £xxxx.
I believe a reasonable response has now been provided. Should you remain dissatisfied, you should contact the FOS within 6 months.
Sara (Debt Camel) says
Ok Link says you need to ask Barclaycard for a response to the affordability complaint.
Sara (Debt Camel) says
Have you stopped making payments to the account Lowell cannot produce the CCA for?
Ask Lowell for a Statement of Account for the account they have produced the CCA for.
e says
Yes. I won’t resume payments for the account without the CCA.
I asked Lowell in a letter sent 4 weeks ago to provide an explanation for why the default balance they recorded with CRA’s in 2020 is higher today , despite 3+ years of regular payments and no purchases. I’m awaiting a response from them.
Sara (Debt Camel) says
Go back and also ask for a statement of account.
e says
Thank you Sara – I have now requested a statement of account from Lowell. Looking at my credit report it appears they randomly added £400 to the balance of one of my accounts in October 2021, but nothing to the other account – all very odd.
Is there a template letter on here for referring to FOS? Thank you
Sara (Debt Camel) says
no, the article above has the link to the FOS online form to use (much better then email).
In a complaint to FOS, don’t mix up different things – affordabilit, CCA, money being added after default – all separate issues.
Affordability complaints are against the lender, not the debt collector – you don’t yet have a reply from Barclaycard about that affordability complaint. so it cant go to FOS.
You can’t go to FOS with your complaint against lowell for the money being added as they havent yet had 8 weeks to reply.
e says
Thank you again, Sara- I will complete the form being clear about what the complaint is. It is all becoming very muddly as the more I’ve researched the more I’ve uncovered.
Hence, I do have a few other questions if I may! All of my debts defaulted in early 2018 and I contacted Step Change Debt Charity in May of 2018 setting up a re-payment plan for each. Lowell bought two of my 4 debts in summer 2020 and applied defaults; one in June 2020 and September 2020. (I read that consumers affected financially by Covid-19 were given forbearance during this time and adding defaults between April – October 2020 was against the FCA’s guidelines?). I then read the information below on this site:
When a debt is sold to a debt collector, the new creditor should use the same default date as the original creditor did.
If the original lender didn’t add a default, you can ask them to add one, then the debt collector will have to use that.
In the unusual case that the lender didn’t report to a credit reference agency at all, the debt collector should apply the same ICO rule that the original lender would have used.
Once I have a statement of account from Lowell and if my complaint is not upheld – can I request they amend the default date to May 2018? 5 months on Lowell have still not produced the CCA for one of the accounts so could I ask them to amend the default date now? In this case, it would drop off next month.
I appreciate your time.
Sara (Debt Camel) says
No, you ask the original lender, not Lowell
AQ says
Hello Sara,
I opened MBNA credit card in July 2017. I have all the bank statements from 2017 and credit file showing persistent debt in overdraft, payday loans like satsuma , then statement showing amigo loans , loads of gambling transactions, safety net etc. My question is ; is it worth registering irresponsible lending as MBNA will definitely reject it saying time barred but do you think FOS will look into it.
Sara (Debt Camel) says
FOS may decide it can back further than 6 years.
AQ says
What reason should I give to FOS. I’m asking this because I complained to Lloyds outside 6 years for my Premire accout last year and FOS rejected it saying this is not good enough reason that you only came to know now that you could complain.
Sara (Debt Camel) says
FOS has asked you some questions about when you realised Lloyds was partly to blame for your problems?
AQ says
Yes they did ask me when you came to realise you could complain and why now , and my simple and honest answer was that I didn’t know I could before today and their response was it’s not a good enough reason, so I was asking what should I tell them this time
Sara (Debt Camel) says
have they asked you some specific questions?
Paul says
Hi Sara, thank you for all the advice you provide on here, it’s been invaluable.
Last year you helped with a query regarding the FOS investigator partially upholding a credit card refund claim I had submitted only after my limit had been raised, the Ombudsman has now made a decision on this which mirrors the FOS investigators decision. One of the Ombudsman’s instructions for the CC company is to:
“Rework the account removing all interest, fees charges and insurances (not already refunded) that have been applied to balances above £600.”
I do not believe this is particularly clear and assumed this meant if my balance was £650, I would be refunded all charges for this the full £650, however the FOS are saying the CC company would only have to repay interest on the £50 over the previous limit of £600.
I just wanted a second opinion on this wording, as I believe this wording infers this is all interest and charges on the full balance whenever the account is over £600. Are they correct and I’m fighting a losing battle here?
Sara (Debt Camel) says
yes, sorry, FOS is right on how that wording is meant to be interpreted
MK says
Hi Sara
I hope you are well and thank you so much for all the help on this site which is so invaluable.
I put in an affordability complaint to Very which they did not uphold considering l also had an account with them a few years ago and struggled to pay and was put on a repayment plan then. I sent my complaint to the Ombudsman Service who have found in my favour and requested Very to refund all interest and charges to date. This was 5 weeks ago. As l have a nil balance now on my Very account having cleared this after much struggling will this affect the redress from Very. I am a bit mindful that l have yet to hear from Very.
Sara (Debt Camel) says
Having a nil balance means you are going to get more 8% interested added. Hve you told your adjudicator about the delay?
MK says
No I will do I was just so thankful they found in my favour I did not want to chase. I will do if I have not heard by the end of the week.
Steve says
If it was an adjudicator, did Very accept their decision? Has the adjudicator from FOS written to you and informed you that Very agree with them?
MK says
Hi Steve,
Yes the adjudicator emailed me to confirm Very had accepted their decision and would be contacting me direct. I have tried to login to my Very account which until Friday showed a nil balance but l cannot now login – l think maybe they have closed the account. Should l inform the adjudicator or try and contact Very direct?
Steve says
Hi, I would go back to the adjudicator, if you check their response it probably states something like: come back to me if they haven’t been in touch to resolve within 28 days. Have an identical situation myself so will keep you posted on mine too.
MK says
Thank you have emailed adjudicator will keep you updated
e says
Good morning,
I have now had two responses to affordability complaints from creditors, both stating they won’t uphold as I’m out of time. Have there been many successes from those who refer these complaints to the FOS?
Thank you
Sara (Debt Camel) says
Yes lots, but it’s erratic. Send it to FOS, you have nothing to lose!
MK says
Hi all
I finally received a response from Very, they are upholding the complaint with a credit limit of £600 when the account was opened in February 2022
Standard interests: £84.16
BNPL deferred interest £122.41
Admin charges £24.00
Simple interest £1.86
less 20% interest £0.46
Total redress £232.43
They have not mentioned the credit increase to £1000 in April 2023. I have sent this letter to the FO but should l respond to Very – they do not have an email address on their letter just a telephone number and my Very account is now closed.
Sara (Debt Camel) says
Have they refunded all the interest charges on the account?
MK says
Hi Sara
The above is what was on the letter – l believe l paid more interest and have telephoned Very and asked for them to email me my statements and also pointed out that l would have paid more interest when the credit limit was increased as l went over my credit limit.
Sara (Debt Camel) says
Ok, good to check this
Thomas O’Brien says
Hi there, I have had Barclaycard accept my unaffordability claim. They have refunded the interest and taken it off the balance I owed, however they said they will not update my credit report until I have cleared the balance. I am currently paying off the debt through an arrangement. Should I take it further with the FO that the negative effect on my credit file should be removed? Thank you
Sara (Debt Camel) says
FOS often says that this approach is ok. How long will it be before the debt is cleared?
Thomas O’Brien says
It will likely take over 10 years for the debt to be cleared completely
Sara (Debt Camel) says
How large are your other debts? Will you not be able to increase the payments to this one?
Daniel says
I’m so relieved to have found this post. I hope it will help me deal with a First Direct (HSBC) overdraft that I believe was handled irresponsibly.
From my memory I was offered a overdraft of £500 when I opened the account in 2018 (small amount but at the time my monthly income was around £1000, and barely covered my living costs). I was also offered an incentive to open the account, but I don’t know is this is relevant.
I remember being close to the limit almost constantly, and having to transfer money in from another account many times to bring it back under the £500 amount after some bill or fee had taken me over the arranged amount. There were many months where I didn’t use the account at all and just had to pay off the interest.
Around 2021/2022 I began struggling even more than I had already, and ended up defaulting on multiple debts. I also lost access to the online banking due to my phone breaking. and admittedly my efforts to regain access were hampered by my mental state at the time.
I received calls from First Direct and did make a small payment a few times when asked but eventually the interest charges took the account over the limit and it ended up in a default March 2022. Account now with Lowell
Do you think this may be worth raising a complaint over? Also, I am considering first submitting a GDPR request to First Direct in order to gather more evidence, as I currently have little to go off of apart from my own memory and a few emails.
Sara (Debt Camel) says
So the £500 limit was never increased?
did you ever use this account as one of your main bank accounts?
What about your other debts? it may be easier to win complaints about those
Daniel says
Yes as far as I remember it started at £500 and never increased. I did use it as my main bank account for a while (a year or so) where I had income coming into it and a few direct debits for bills. Then slowly I migrated to another account but kept the First Direct one open as I couldn’t afford to clear the overdraft. Either way I remember being at the limit of my overdraft every month pretty much, and often going over due to bills or interest charges. So you think the £500 is too small an amount for an affordability complaint, despite my low income at the time and history of maxing it out? Is it worth filing a GDPR request anyway to gather the information, since my memory is a bit hazy on the details?
My other major debts are £2200 with Paypal Credit (I think they’re outside the FOS jurisdiction post-brexit, from what I’ve read) and £1000 with Barclaycard. Both of those received multiple increases over time (from £1000 and £600 respectively), despite also constantly being at +90% utilization, so I am also thinking I should lodge a complaint for the Barclaycard account as well, maybe?
Sara (Debt Camel) says
so you can argue that the overdraft was unaffordable when you switched accounts and that FD should have stopped charging interest.as even though you weren’;t using the account for your banking, an overdraft is still only meant to be used for short term borrowing and FD should have been able to see that you couldn’t clear it.
I’m not saying this will be a n easy case to win as the amount is low and you abandoned the account. But you have a sensible argument so try. Just keep your hopes low. This will almost certainly be rejected so expect this to have to go to the ombudsman
when was the Paypal account opened? what was the date of the limit increases?
I don’t think you can rely on these complaints to resolve your financial problems. I strongly suggest that in addition to making complaints you talk to stepCahnge about setting up a debt management plan. See https://www.stepchange.org/how-we-help/debt-management-plan.aspx. Wining any complaints will reduce your balance and so speed up the DMP.
Mr Jones says
Hi Sara,
I wonder if you can help. I put an affordability complaint to Tesco which they rejected. I then referred this to the FOS which who also rejected the complaint. It was then passed to an Ombudsman who partially upheld the complaint. In short they thought the 1st card was responsibly lent, however agreed the second wasn’t and decided a rework of fees and a repayment plan if needed should be agreed.
The question I have is that whilst this process was ongoing Tesco not only increased my credit limit but were sending me a flurry of balance transfer offers. I feel like I should complain as clearly by raising the complaint shows I was having difficulty managing my finances and access to further credit would only make this worse?
I did mention it to the Ombudsman at the time of complaint but they replied with the following
“Mr J also added that Tesco has now sent him a balance transfer offer and increased his
credit limit despite it being aware of his financial difficulties and this affordability complaint.
He said this offer of additional credit is, in itself, irresponsible, given the circumstances.
Whilst I acknowledge what Mr J is saying about the balance transfer offer and new credit
limit, these are new complaint points and need to be raised with Tesco in the first instance.”
Thanks
Sara (Debt Camel) says
yes you will have to make a new complaint to Tesco. I suggestion you say this was irresponsible as your complaint would have shown you were in difficulty and ask for £100 compensation.
Mr Jones says
Hi Sara,
So after a lengthy wait Tesco have come back and agreed that they shouldn’t have upped the credit limit or offered BT because of the original complaint. They have agreed to pay compensation of £150.
Is it worth taking this any further with the Ombudsman or is £150 for the complaint a good result in the grand scheme of things?
Sara (Debt Camel) says
Did you use the extra credit offered?
CS says
Hi Sara,
The ombudsman has ruled in my favour for Barclaycard to provide me with a refund and 8% interest after the adjudicator didn’t uphold the claim. It’s been more than 28 days since the Ombudsman wrote to say Barclaycard had 28 days to calculate refund and issue it but I’ve heard nothing. Are there any consequences for Barclaycard not contacting me within the 28 days and should I contact them or do I just have to wait it out?
Sara (Debt Camel) says
Tell your adjudicator that you haven’t heard anything
CS says
I have went back to the Ombudsman and said I haven’t had any correspondence from Barclaycard but haven’t heard anything from them yet. I just wondered what happens if anything if they don’t contact you within the time frame.
Sara (Debt Camel) says
Well in theory you can go to court and send round the bailiffs. But it is simpler to get this resolved just by pushing.
Danii says
I have also been waiting longer than the 4 weeks that the investigator said in my final decision letter.
No contact from Barclaycard so far. I did contact Barclaycard who said they could not speak to me directly as it had gone through the ombudsman service. I have referred it back to the ombudsman a few days ago and waiting for a response.
CS says
Hi Sara,
I want to see your thoughts on this. I have finally received a settlement figure from Barclaycard. They were to refund interest on anything over the 1st credit limits on both credit cards which was £4500 and £6300. Both were at max credit limit for over 5 years £6000 and £7800. They have offered me £2400 for both and the 8% will not be disclosed until day they pay me so I don’t have a figure for that. They haven’t provided a calculation breakdown.
My issue is Halifax were to refund anything over £4050 with a credit limit of £4800 and that was over 3.5 years and I was refunded £4200 including 8% interest, does the figure from Barclaycard sound correct as I was expecting it to be higher having 2 cards and bigger limit increases?
Sara (Debt Camel) says
The Halifax amount sounds surprisingly large.
You can ask Barclaycard for the total amount of interest you paid for this 5 year period for both cards – they would enable you to work out a rough percentage
CS says
Hi Sara, I have accepted the offer of £2400 and have now been given a figure of £300 for 8% interest, does this figure sound correct from balances over the credit limit since October 2016? I’m unsure how the simple interest is calculated? Barclaycard are not forthcoming with any calculations.
The cards were both cleared and closed in May 2022.
Sara (Debt Camel) says
at the point they were closed, what was the balance on the each of the cards?
CS says
They were roughly sitting at £7600 and £5800.
Sara (Debt Camel) says
ok then you would only have got 8% interest from the date they were cleared. if 300 of 2400 was 80%, that is 300/2100 = a bit over 14% since when they were cleared. That looks a bit low to me, it should probably have been a bit over 15%. but it’s not a long way out.
CS says
Ah ok I thought the interest was calculated from when the balances were over the credit limit that the FOS said shouldn’t have been increased which was £4500 and £6300. This makes more sense.
Emma says
Hi Sara. Vanquis have provided another update “final response” and not upheld the affordability complaint for a credit account opened in September 2022 – despite a default in July 2021, 23 total missed payments in 2021, 12 missed payments in 2022 and 3 missed payments in 2023. I have referred this to the FOS and currently waiting for this to be assigned to a case handler. The case is still on hold with Cabot (who the debt was sold to last September 2023) and I have forwarded them the email from FOS in the hope that they will keep this on hold. Feeling very upset and anxious about the whole situation.
Sara (Debt Camel) says
how large is the balance? do you know how much interest has been charged?
Leigh says
Hi, I sent an affordability complaint about a Look Again/Grattan account I had, the adjudicator ruled in my favour, but look again rejected it so it went to Ombudsman who again upheld my complaint. I signed my acceptance form on the 8th March and as yet I’ve heard nothing from Look Again/Grattan. I’ve chased up with the case worker who said she had asked them urgently to deal with it but now 8 weeks later I’ve had nothing from them. Can you advise what will happen as Grattan appear not to be adhering to the ombudsman’s instructions.
Thanks
Sara (Debt Camel) says
That is a very long while. Have you phoned them up and asked them what is happening?
Leigh says
Just as I posted my message I went into my email and her was the redress letter from them.
Sara (Debt Camel) says
Good – I hope it was satisfactory?
Leigh says
Yes redress of over 600, cleared the outstanding balance and a refund to me of 290.
Margaret says
Hi Sarah
I raised a complaint with Virgin about the affordability of a credit card which they rejected so I then sent it onto Financial Ombudsman.
I have now received an email from an Investigator to say they are reviewing my case and will give an independent opinion on my complaint weighing up the facts of what’s happened and suggest a fair way to resolve the situation. Their understanding of my complaint is basically that there was irresponsible lending and the limit provided was and still is huge. It was never affordable based on my salary or credit score and I can not see a way out of the debt especially now the monthly interest charges are so much.
I have been asked if there is anything I would like to add or if anything has been missed – should I say anything else? Also asking how I would like to resolve this – what is the best way to word this?
Thanks
Sara (Debt Camel) says
when was the account opened? did virgin ever increase the limit? was it 0% at the start? how much other debt did you have?
Margaret says
It was opened 2022 with 0% interest and a one off 5% fee now the balance has increased to £12500 with interest and spending at around 10k and making £300 payment every month balance not reallyreducing. Another credit card, couple of shopping accounts and then the usual car finance and mortgage.
Sara (Debt Camel) says
If you think the original limit would have been unaffordable when the 0% limit ended, then I suggest you ask for a refund of all interest charged to date.
But this sounds like a lot of debt when does your mortgage fix end and who is the lender?
Margaret says
Im in a 5 year fixed rate so another few years of that left. Ill get onto the investigator thank you!
Sara (Debt Camel) says
who is the lender? Because for most high street lenders, ti doesn’t matter what your credit score is like , the lender will still offer you a new fix. In which case you should consider talking to StepChange about a Debt Management Plan , when interest on all your debts is frozen and you make a single monthly payment to to them. (Not including your mortgage or car finance). See https://www.stepchange.org/how-we-help/debt-management-plan.aspx
Winning affordability complaints then will really speed up the DMp by reducing the amount of debt to be cleared.
Anna says
Hi there, trying to pop through a letter for a marbles credit card but can’t find an email address for them and when I searched on fca it may be down as NewDay? So where/who do I send the email to?
Marbles website only have an online account contact option, phone number or postal address.
Any help appreciated :)
Sara (Debt Camel) says
use the newday email address in here: https://debtcamel.co.uk/email-addresses-banks-credit-cards/
Claire says
Hi Sara, if I ask the credit card company to provide a detailed breakdown of all the interest I have paid on my credit card do they have to provide that information?
I had a complaint upheld by the Financial Ombusdman to refund to –
Rework the account removing all interest, fees, charges, and insurances (not already
refunded) that have been applied to balances above £500.
If the rework results in a credit balance, this should be refunded to her along with 8%
simple interest per year* calculated from the date of each overpayment to the date of
settlement.
The credit card was increased from £500 to £2250 within 14 months the first increase above £500 was 2017
The credit card company have blocked my access to the app and I only have one paper statement from last year that says I was paying around £70 a month in interest. I’ve been refunded around £1800 to be taken off my balance, leaving £500. I think the refund amount is a little lower than I expected as it goes back to 2017 even though I know the balance wasn’t wasn’t always at it’s limit.
Am I entitled to ask for the information to prove the refund amount is correct please?
Thanks
Sara (Debt Camel) says
yes. if you know the interest charged each month and the balance at the end of the month you could make a reasonable estimate from that.
You could also ask them to give you a break down of how they calculated the refund
MG says
Hi Sara,
I have complained to HSBC credit card since I took out a credit card in 2019 for a 0% offer and they have said they didn’t irresponsibly lend since I have saved money through the 0% offer. They say ou made monthly payments to your Credit Card and, by February 2022, you had reduced your outstanding balance by £3,800.. I note that no interest was charged during this period, therefore, agreeing to your Credit Card application potentially saved you a considerable amount of interest on your existing debt.
Before the application, I had multiple missed payments on my credit report (Sigma (Creation credit card) 1 missed payment 2017, Newday Aqua credit cards 1 missed payment 2017, 7 missed payments 2016-2018 on my Barclaycard and only paying the min payment). The HSBC offer has ended in March ’22 and I’m trapped paying interest on a card I cannot afford. I have always paid the min monthly payment.
Sara (Debt Camel) says
how large was the limit on the BT?
MG says
£9,000 accepted for
Sara (Debt Camel) says
That is a lot. The point isn’t that you saved interest with this card, it is that HSBC should have been able to see that you would not be able to clear 9k by the end of the 0% term and would struggle to pay interest after that.
So send this to the Ombudsman and say that.
MG says
I sent a response last night essentially saying that (I sent copies of my bank statements 3 months prior and my credit report showing missed payments) but now i am wondering if HSBC will want to discuss. They didn’t say that their response was final but can I use their email to go to the FOS?
Sara (Debt Camel) says
Did the email say you had the right to go to the Ombudsman? How long ago did you send the complaint in?
MG says
I’ve just got their 2nd response saying that there isn’t any more they would add and that I have the right to go to FOS. Form filled in with FOS, let’s wait and see what they say.
Jessy says
I am absolutely over the moon, I have just won a case with AMEX.. they put my credit limit up to a ridiculous high £17,500 when I was paying only minimum amounts on the lower limit and I had even gone over my limit a few times. AMEX did not uphold the complaint and neither did the adjudicator, I asked for it to go to ombudsman and he upheld my complaint and I’m getting £18,000 refunded to me. To say I’m pleased is an understatement, I can’t believe it. I used Sara’s letter as above and it absolutely worked. Thank you so so so much Sara! I will be able to use that to pay off many of my debts!
Matt says
Hi
I had a FOS decision back in 2020 against Drafty ( gain credit ) refund and negative information to be removed from my credit file. Just noticed my Experian is still showing the account with a partial settlement marker on it. Looking back at some previous emails. I asked numerous times to remove this!
I’m going to complain and ask for £50 compensation or should I ask for more?
Many thanks
Sara (Debt Camel) says
Oh I would start at £100
Matt says
I will! Thank you
Daniel says
I have a Santander credit card and have only been paying the minimum payment since 2018 and incurring more spending and fees than I’m paying back . I have never received any persistent debt notices from Santander up to 2020 as they should have done as per FCA guidance and Santander have confirmed no persistent debt notices on my account have ever been sent to me and can’t explain why . By my reckoning they should have given notice and suspended the card in 2020. Yet the card is still active with an even bigger balance 4 years later !
Is there a case for arguing affordability and that any lending post October 2020 is unenforceable and irresponsible ?
Sara (Debt Camel) says
I suggest you start by sending Santander a formal complaint saying they have never sent you any persistent credit card debt letters. See what their written response is.
Tasha says
Hi the an investigator found in my favour that virgin should never have given me a card and said they should refund me all interest. Virgin refused and asked for an ombudsman to consider the case. Does anyone know how often the ombudsman issues a different decision?
Sara (Debt Camel) says
FOS say the Ombudsman agrees with the investigator in 90% of cases.
Tasha says
Sadly just had the provisional decision and they are ruling for virgin instead. I find it a bit of an odd decision but she basically says she doesn’t think virgin needed to do anymore checks while implying that if they had then they wouldn’t have been right to lend.
“So, it seems from the information available to Virgin Money at the time of lending, that the checks carried out were proportionate and it wasn’t wrong to issue the card. I also want to point out that, unlike our Investigator, I haven’t gone on to consider what bank statements or the credit report she’s provided show. That’s because I’m satisfied Virgin Money didn’t need to carry out further checks or verify income before agreeing to lend to her – and therefore it was entitled to rely on the information it did gather.”
Still it was worth trying, thank you Sarah for your website and help.
Considering all of this, I’m currently satisfied the checks carried out were reasonable and proportionate and it wasn’t wrong for Virgin Money to provide the card.
Sara (Debt Camel) says
do you disagree with this? Was there something in your application or credit history that should have alerted Virgin the the fact the credit may be unaffordable and needed to be looked at more thorughly?
Tasha says
I don’t know that there is anything I can say. She states that because I had held most of my credit card debt a long time and wasn’t defaulting on payments at the time virgin gave me the card and “ Whilst wasn’t able to transfer all of her existing debt, she had the option of transferring some of it to a 0% interest rate on this account and for a reasonably long period of 36 months. In fact, I think it’s likely may have been applying for this card to transfer her existing balances at 0% interest and to reduce her monthly payments. And this would have likely bettered her financial position, rather than making it worse. There wasn’t anything obvious in the information Virgin Money gathered that suggests couldn’t have made the required payments on the credit card. Actually, the payments on her Virgin Money credit card may have lowered her outgoings due to the promotional offer.”
So she views that the checks carried out were proportionate the only thing I could say would be what the investigator said which is given my income & amount of credit being applied for virgin should have looked to verify my financial situation which would have shown financial distress but she has rejected that argument. I don’t know what else I can say? All my cards were maxed out, most had been for years, was making minimum payments only, along with nearly 3,000 in overdrafts and I had other credit cards approved around the same time which it doesn’t appear show on the information Virgin checked
Sara (Debt Camel) says
If you had several applications approved in quick succession, the lenders may not have able to see th3 new ones as the credit records wouldn’t have been updated.
Would it be reasonable to say that although the 0% reduced what you paid, your other debts, including the overdraft and the cards you were only making minimum payments to, suggested you had no spare income to actually clear the Virgin balance in a sustainable fashion by repaying 3% a month.
Tasha says
Would it be reasonable to say that although the 0% reduced what you paid, your other debts, including the overdraft and the cards you were only making minimum payments to, suggested you had no spare income to actually clear the Virgin balance in a sustainable fashion by repaying 3% a month.
Yes i would say that. They closed the card to new spending very quickly. I still have over three quarters of the card total to pay off. Is that a point I should try to raise?
Sara (Debt Camel) says
yes
HG says
I have a Very catalogue a few years back and several missed payments. I loaned money off family and paid off the account. Years later, I opened another Very account, used it and paid off the balances in full each month (not many orders tbh). I have complained over the first account using your templates which they rejected and now they say:
We wanted to let you know, we have received your complaint in relation to affordable lending.
Within your complaint you have told us that your account is not affordable which indicates you may be experiencing, or have experienced, financial difficulty. As a precautionary measure, we have suspended your account. This means you will not be able to place any orders on your account at this time and your credit file will be noted to reflect that your account is under review.
We will be back in touch as soon as possible, with an outcome to your complaint.
But I’m not experiencing financial issues now and I’m horrified that they will put a note on my credit file!! Advice much appreciated..
Sara (Debt Camel) says
Did your complaint make it clear that you are not complaining about your current account but the previous one?
The “under review” marker doesn’t affect your credit score and will be removed when Very respond to your complaint – but it should not have been added if your complaint was clear it was about the previous account only.
HG says
Yes looking back I was very clear as I talked about the specific date of the account which I opened. Not sure if it’s a marker because they are not happy about my complaint. I’ve written back saying that I think they are mistaken, it’s only the first account I am complaining about.
Elle says
Hi there,
Vanquis have accepted responsibility from an irresponsible lending complaint I had with the FOS.
The original credit limit was £1000
They have to refund all interest and charges applied to the account on opening, I calculated this to be £656.30. Remaining debt after charges would total £343.70.
I have paid Vanquis a total of £2511.60
Would I get the difference refunded to me? The account was at 0 only once.
Sara (Debt Camel) says
The amount you have paid Vanquis in total is not interesting, because a lot of that would have been paying for the things you bought.
You are going to get the interest and charges refunded. If they total 656, that is your refund.
If the 656 refund takes your account “into the black” then there will be some 8% interest added.
Jane says
I raised an affordability complaint against NatWest, they did not uphold it. I sent it to FOS. A FOS investigator has emailed me today with a copy of the reply they have sent to NatWest. Basically they have said I should never have been given a card and NatWest are to refund all interest, fees etc and they have until 31 May to reply to FOS. I have had the card since 2012. Because NatWest only hold the last 6 years of statements I can only estimate how much the fees in total are, but for the last 6 years the interest charged etc is over £8k. I can’t believe that I will get such an amount refunded to the account. My outstanding debt on this card is £11k so a refund like this would have a major impact for me. So fingers crossed NatWest do not reject the outcome.
Sara (Debt Camel) says
Do you have bank statements going back further than 6 years?
Is NatWest your bank?
Do you know if NatWest have the records of interest going back further than 6 years just not the statements?
I’m interested in whether they will say they can only refund 6 years worth.
Jane says
No they aren’t my bank, I just have the credit card with them. Im not sure what information they provided in their initial response to FOS, but they have been given to 31st of May to respond.
Sara (Debt Camel) says
Fingers crossed… can you let me know what happens as I am interested
Jane says
NWest have paid me £11,200, it was just under the outstanding amount on the card so they have cleared the outstanding balance completely. I have now closed the card but this is an amazing outcome for me and I would never have tried without your advice and information. Thank you very much.
Dave says
I have entered a DMP with Step change with first payment due end of this month for 18 months. Is now the best time to start with my affordability complaints? Really confused as
so far one of the loans Mr Lender has stopped all interest and offered me 40% off to clear the balance (can’t afford it sadly). Initially owed around £1500 they cut interest so around £750 and have said for £450 they will settle the account and keep that offer open as long as the dmp is active along with 10% 20% and 30% offers.
Credit cards amount for half of my debts including Vanquis who I had a credit card with about 6 years ago but they closed it as I couldn’t afford it but yet let me open up a new account 3 years ago and have increased the amount a few times.
Sara (Debt Camel) says
Yes start affordability complaints now. Against most consumer debts (loans, cards, catalogues and overdrafts) in the DMP.
Claire Williamson says
Hi
I made a complaint to very in February 24 for increasing my credit limit over the years I’ve had no response from them. When I went to send them to financial ombudsman says have I had final response when I click no says can not help until I’ve had it. Is this correct
Sara (Debt Camel) says
No that isnt right.
Start at https://www.financial-ombudsman.org.uk/make-complaint
on page 5 of the initial questions it says “Have you received a final response letter? Or has it been more than 8 weeks since you complained?” – answer YES as it has been more then 8 weeks.
Claire Williamson says
Hi I have had an email back which is below
We can only look into complaints where you’ve received a final response letter from the business you’re complaining about, or where the business hasn’t responded within our time limits. If you submit a complaint to us before this, we won’t be able to get involved and it will take us a lot longer to progress your complaint.
What you’ll need to do
You should complain directly to Shop Direct, explaining what the problem is, and how you’d like them to put things right.
You can find details on how to complain on their website below:
https://www.very.co.uk/help/en/online-help-system.page#help-contact-us
If you’ve already complained to Shop Direct, in most cases they have up to eight weeks, to look into your complaint and issue their final response, depending on what you’re complaining about. You should keep a record of when you complain to them, and any other correspondence or conversations.
But I’m confused as this is why I went to the ombudsman because it’s over 8 weeks I’ve already completed there form original complaint was on 26/2/24 I have emailed ombudsman back said it’s over 8 weeks.
Sara (Debt Camel) says
I have emailed ombudsman back said it’s over 8 weeks.
That is the correct thing to do.
Nat says
I have just had a letter from aqua as it’s been over 8 weeks they suggested I wait or contact the FO has anyone had this before? Any suggestions thanks
Sara (Debt Camel) says
I suggest you send it to the Ombudsman now. Other people have waited months longer and got a rejection or a poor offer, so it just delays going to the Ombudsman.
Debbie says
Hi Sara, I have been in contact on here on and off since last July. Last post January 3rd ref ombudsman response saying they were using the DISP Rules. Following your advice, I submitted further evidence. The adjudicator agreed – ‘ As I don’t think Barclays should have increased Mrs D ’ credit limit above £2,400, I don’t think it’s fair for it to charge any interest or charges on any balances which exceeded that limit. However, as Mrs D did have the benefit of all the money they spent on the account, I think she should still pay that back. Therefore, Barclays should:
Rework the account removing all interest, fees, charges and insurances (not already refunded) that have been applied to balances above £2,400 after 27 October 2015. If the rework results in a credit balance, this should be refunded to Mrs Davies along with 8% simple interest per year* calculated from the date of each overpayment to the date of settlement.
Or, if after the rework the outstanding balance still exceeds £2,400. I contacted adjudicator yesterday as BC have still not contacted me. He advised BC told him they have settled A/C and I will see this on statement before 20th June. I have no way to access BC a/c no way of understanding how to even work out what the figure should be? he said he would ask BC to write to me with a breakdown, but, how do I know if it’s fair? If they do agree to send it, which he said they don’t always do??? I am very confused Sara
Sara (Debt Camel) says
This is frustrating, but I suggest you wait to see what the amount is before worrying about it.
Debbie says
It is frustrating when BC have made no attempt to contact me? I have a very nice adjudicator, thank goodness. Thanks as always Sara for your reassurance I am grateful to you
Debbie says
Hi Sara, I still have not heard from Barclaycard, I have been emailing the adjudicator, and he said, that B/C don’t keep copies of their calculations? Also, B/C aren’t obliged to share their calculation with me, so long as they have done what they agreed to do, to settle the complaint, FOS wouldn’t take further action. The issue I keep raising is this, B/C have only communicated with adjudicator, there is no refund due directly to me, but, they have settled the account, and would be reflected by 20th June. As previously mentioned, I have no means to access this a/c and have not for many years. This is very frustrating and adjudicator emailed today, he will share the info from B/C to me, rather than hearing directly myself?
at no point have I myself been told, what the actual amount Barclaycard reached, to enable them to settle the account? Yet I was also told by adjudicator to continue with my repayment plan?? I really hope this makes sense, I am so in the dark here and would really appreciate your help and advice
Sara (Debt Camel) says
are you still making repayments to Barclaycard? do you expect the refund will more than clear the balance?
Debbie says
Yes I am still making repayments to Barclaycard, (today it came out of my bank) the adjudicator told me, B/C informed him, to tell me, to continue with these repayments. I have absolutely no idea if the refund ‘to the account’ will clear the balance. As no information, regarding the ‘settlement figure’ has ever been given to me? Since Adjudicators decision, and both parties accepted, I have heard nothing at all from B/C? I really feel at a loss, it’s all a bit cloak and dagger, or feels like it? thank you as always for your help Sara
Sara (Debt Camel) says
what date was the adjudicator decision?
HG says
I’ve complained to Tesco for two credit cards taken out over the period of a year when my debt was 70% off my income (before essential bills). They have asked for my bank account statements two months prior. I’ve already provided my credit report which shows missed 2x payments with a Very account in the months before the applications and a missed payment with another credit card.
I sent all my banks statements for my main joint account and also my student account whereby I was over £1000 overdrawn and I hadn’t touched it as I was unable to pay back. In between the 1st and 2nd card I also took out 3 more credit cards and used all the credit which was £4k each.
Do you think they are likely to refund interest to me if they’ve asked for my bank statements?
Sara (Debt Camel) says
I don’t know. But you how have all the info to make a good complaint to the Ombudsman if Tesco don’t!
HG says
update – Tesco to refund £3.5k. Thank you so much Sara. Couldn’t have done it without you and onwards and downwards with my debt!!
Paul says
Hi Sara,
Mine is referring to paypal credit. I opened an account when I was 65, I had just retired. The credit limit was for £1,000. I was at the edge of the limit when they increased it to £2,000. Same story all the way up to 4,000 and I cant seem to make progress based on a small pension and a state pension. My credit rating was always good, but has now been negatively affected. Is this worth a complaint?
Sara (Debt Camel) says
Can I ask if this is your only debt?
How old are you? Are you buying Or renting?
Paul says
I own my own house, I’m now 72. I still have a credit card but due to some poor decisions my private pension is minimal per month, and pension has been my only income since I started with PayPal credit
Sara (Debt Camel) says
How large is your credit card balance? Have they increased your limit since you retired?
Do you know the dates of the PayPal limit increases?
Paul says
I could find out the increases via statements. My credit card limit is circa £2,500. It’s not moving a lot, but it’s low interest and hasn’t increased.
Becca says
I complained about a credit card I’ve had since I can remember(over 20 years). The limit was increased in 2022 and then decreased in 2023. I challenged the increase and general affordability and this has been upheld although they have only refunded interest for the time that the limit was at the highest amount. I think this is unfair and even the limit it was lowered to was unaffordable due to my finances and massive amounts of debt. Can I take it to the FOS asking for a refund of interest to date?
Sara (Debt Camel) says
Were there any limit increases before 2022?
is it fair to say that you think the original limit was fine but the increases weren’t?
Richie says
To Sara and everyone,
Massive news and hope to all!!!! Sara please post on all relevant forums.
My multiple FOS claims have been frozen for 6 months as they relate to being time barred. I am now in the knowledge that there was a recent Supreme Court ruling which has meant FOS has had to stop and decide on how to tackle my type of claims. This is great news as the balance has tipped in the debtors favour.
I have been told by FOS directly that they have already begun judging on a few test cases with banks to see how the process is going to flow. Reading between the lines here, this could mean that FOS is going to open up and extend the rules on cases blocked for being time barred which will allow more cases to be reviewed.
Woohoo!! Read here for public knowledge: https://cms-lawnow.com/en/ealerts/2023/10/supreme-court-provides-importance-guidance-on-limitation-in-the-context-of-unfair-relationship-claims-under-sections-140a-c-of-the-consumer-credi
Sara (Debt Camel) says
Yes Smith v RBS is the 2023 case that FOS is considering. It builds on standard limitations act cases (eg Patel v Patel) and extends them to s140 unfair relationship situations which is the legal underpinning for affordability complaints.
Rich says
Sara, as advised, it appears FOS are now working again on cases previously paused for being too old. My Capital One claim has turned in my favour with FOS telling them my claim can be reviewed under the 3 year rule. I hope the rest of my frozen claims follow suit.
My question is, do you know if we can claim compensation for distress on top of the usual refunded interest and 8% statutory?
Sara (Debt Camel) says
Compensation for the extra delay? I don’t think so.
Claire Williamson says
I have had a reply from the FOS to say my case will be passed to an investigator. This one is for NatWest who I banked with so I know there can get my bank statements from them. But I’m wondering what credit report I need if the investigator asks for it thanks
Sara (Debt Camel) says
A statutory credit report from Experian will be fine. I suggest you download one now (https://www.experian.co.uk/consumer/statutory-report.html), so you have it if it is wanted.
Becca says
Yes there were many increases over the year as I can’t recall the original limit when I took it out but it was probably between £500-800. It increased substantially from 2018-2022 when it got to the highest amount of £6.5k
Yes I think so
Sara (Debt Camel) says
definitely take to FOS. It will go slow as many of the increases were over 6 years ago, but this is still worth doing as you could get a very good result in the end
HG says
Hi Sara. I received the following from FOS. Any advice on my response?
Before I can start investigating, I must consider whether this case is in our jurisdiction. When looking at a complaint I must be satisfied that it is within the time limits set out in DISP 2 of the Financial Conduct Authority (“FCA”) Handbook. The particular rule that is relevant here is DISP 2.8.2.
You had an account that opened in 2009, so it appears you needed to raise your concerns within 6 years of this date under the six year part of the rule.
In order to consider if you referred your complaint within the three year part of the rule can you please provide your responses to these questions:
Can you confirm when you realised there may have been a problem and that this lending was unaffordable for you. And when you linked the problem to something Next Retail may have done (or not done)
If you can be specific with the month and year when you became aware you had cause to complain about irresponsible and unaffordable lending that would be helpful
Why you have only raised this complaint in 2024
Finally, could you also advise if there are any exceptional circumstances that prevented you from bringing the complaint about any sooner.
Sara (Debt Camel) says
is the account still open? If not, when was it closed?
HG says
Closed Feb 2019
Sara (Debt Camel) says
And was it closed because you defaulted? or paid the balance off from somewhere – an inheritance, bonus, loan…?
HG says
Actually it was after I finally had no options left to me but to break down in front of my parents and they gave me money to pay off some of the debt I owed.
Sara (Debt Camel) says
ok so something like the following:
“Can you confirm when you realised there may have been a problem and that this lending was unaffordable for you. And when you linked the problem to something Next Retail may have done (or not done)”
I knew I was in increasing difficulty with being unable to make any real dent in the balance and this was getting worse for several years. It ended up with my parents offering to clear the whole balance when I burst into tears at their house in 2019.
But at that point I just blamed myself for buying more than I could afford. I didn’t know that Next should have checked that the limit would be manageable for me, so I had no idea that my situation was partly their fault and it never crossed my mind to complaint to them about something I thought was purely my fault.
“If you can be specific with the month and year when you became aware you had cause to complain about irresponsible and unaffordable lending that would be helpful”
sat when and how you hear about affordability complaints. you may have seen an advert from a claims company on Instagram, Facebook or Tiktok and then investigated. You may have seen a post from a friend who had got a refund. Someone may have suggested you look at my page. you may have read a newspaper article. Whatever, just give as much detail as you remember.
“Why you have only raised this complaint in 2024”
because I only found out that Next should have made affordability checks in [that date from your previous answer]. So I have complained thing 3 years.
HG says
Thank you Sara
Paula says
Hi
I wonder if you can advise I had car finance with Advantage Finance. They have upheld my claim my refund is £4905 with 8% interest to be added. How do I work out how much extra will be refunded for the interest.
The loan was over 5 years I paid £142 per month, they are refunding everything paid of the initial £3661 finance for the car.
As can advise how long advantage take to send payment after I have accepted the offer
Thanks
Sara (Debt Camel) says
When did the finance end?
AQ says
Hello Sara ,
I had complaint to NewDay about giving limit increases on Aqua, Fluid and Argos and it was upheld. In the final response letter they even investigated the account which was opened in 2013 and closed in 2016. Then I asked them to send me statements of this account and it showed over limits and missed payments and gambling transactions and yet limit increase after limit increase but for this card they found it was ok to offer those limit increases. I am confident if I had registered the complaint in time it would’ve been upheld atleast At ombudsman stage.
My question is as NewDay are the one who has looked into this card without me asking them. Does it mean they don’t have any issue with outside 6 year rule and can I now take it to ombudsman. Thank you so much for all
your help. This website has helped me taking back over £25k.
Sara (Debt Camel) says
You can send this to FOS and FOS will decide whether it can look into the older account.
Paula says
Hi Sara
I took out the loan in October 2019 for 5 years. In July 2023 my partner paid off the balance for me as a I was struggling to keep up with my payments in various loans and credit cards
Thanks
Sara (Debt Camel) says
So most of the refunded money came from the settlement paid by your partner in July last year. My guess is you will get a bit less than 10% in added interest
Paula says
Hi Sara
Thanks for getting back to me I paid in total £8500 to them, they are refunding anything I paid over the initial credit of £3611 and said that 8% interest on top of that. I have accepted the offer and have asked for the total amount but they have not came back with a figure or date on when they will make the payment, so was just trying to get a rough idea of what I should expect so that I can pay off other debt. Thanks for all your help I have used the site before for previous claims and the templates, your posts are very useful when dealing with companies.
Thanks
Catherine says
Hi
I submitted a lending complaint about my cash plus business credit card,they responded in 2 days as said I couldn’t make a lending complaint as I’m a limited company??
I’m a self employed sole trader and applied as such and at the time of the application didn’t have a business bank account and repaid via my personal account.
But I’m not a limited company,never have been and didn’t apply as a limited company,no where on the agreement does it refer to me as a limited company and even if I was,no where on the agreement does it say you can’t make a lending complaint.
The account doesn’t show on any of the credit reference agencies however I applied for it via clear score which says I’m self employed sole trader and showed various debts/arrangements to pay at the time.
Limit £800 no increases but I’ve only made minimum payments for last 2 years.
Sara (Debt Camel) says
I suggest you talk to Business Debtline about this – https://businessdebtline.org/. They specialise in debt advice for the self emplyed and also people who have a small limited company. They cover both personal and business debts.
Lisa says
so today I received my offer from newday after taking my complaint to the ombudsman. I don’t think it’s correct and the offers seem abit on the low side.. They’ve not given any proper breakdown of interest paid, just gave 2 figures from the aqua and marbles and not given any option of whether I agree with it.. My account has been passed to carbot and is being paid through stepchange and they said they won’t remove negative marks from the credit file until the debt is paid.
Sara (Debt Camel) says
what was the Ombudsman decision and what are the amounts they are refunding for Aqua and Marbles?
Lisa says
The aqua decision was they shouldn’t of raised limit above £100 they had raised to £5400 have said the refund was £1579. Marbles was they should refund all interest that is £1185 they are saying thst needs to be refunded. Thankyou
Sara (Debt Camel) says
so the Marbles one is easy to check – do you think you paid more than that amount in interest?
Aqua – over what period was that refund?