The repayments on many loans and car finance are too high to be manageable so people get deeper into debt trying to repay them.
When you applied, a lender should have checked a loan would be affordable for you – often they did not check properly and you should never have been given this loan.
This article describes how to complain, with a template to use. Many people have won complaints using this. If you win, you will get the interest refunded in cash. If you still owe a balance, the interest is removed so you only have to repay what you borrowed.
These complaints do not hurt your credit record if you carry on making the loan repayments while the complaint goes through.
Contents
A quick overview
What types of loans?
- this includes high cost, bad credit lenders, bank loans, and credit union loans;
- you can complain if you are still paying the loans, it has already been repaid, it has defaulted, or you have a payment arrangement/DMP;
- a consolidation loan may have been cheaper than the credit cards it cleared – but it could still have been unaffordable for you!
- you can also use this approach for car finance. But if you are still paying car finance, you may have a better option than an affordability complaint, so read HP/PCP car finance problems first. And then read Car finance affordability – what you get if you win a complaint
- if you have a guarantor loan, read Refunds from guarantor loans as it’s different and the guarantor may be able to complain as well;
- the complaints here do not apply to mortgages.
What is “unaffordable”?
The regulator says “affordable” means:
you can make the repayments without hardship or having to borrow elsewhere.
This isn’t just for “bad credit” loans – you can win a complaint about a loan from a major bank. But as bad credit loans have very high interest rates, they are more often unaffordable.
For large loans, a lender should have made adequate checks at the start. The larger your loan, the worse your credit score and the more other debt you had, the closer a lender should look.
If your loan was fine at the beginning and only caused problems later when you lost your job or your mortgage repayments went up, you are unlikely to win an affordability complaint as this could not have been predicted at the start.
How does this work?
You first make a complaint to the lender saying the loan was unaffordable and ask for a refund of the interest.
There is a template here you can adapt to say what happened to you. Send it by email.
The lender has up to 8 weeks to reply. Lenders reject many good complaints, so you can send a rejection to the Financial Ombudsman.
Complain to the lender
Email addresses for lenders
If your loan has been sold to a debt collector, send your complaint to the original lender not the debt collector.
It’s easiest if all communications are by email – free, instant and you have a copy with a date stamp to show the ombudsman.
For banks, see this list here: email complaint addresses for banks.
For car finance and logbook loans, see this list: email address for car finance lenders
Here are the email addresses for some non-bank lenders. There are a lot of other smaller lenders, including many Credit Unions. If your lender is not listed, ask in the comment below for an email address.
Abound (used to be Fintern) complaints@getabound.com
Admiral loansquality@admiralgroup.co.uk
Anico complaints@anicofinancialservices.com
Avant Credit emailcomplaints@avantcredit.co.uk
Bamboo Loans complaints@bambooloans.com
Better Borrow enquiries@chetwood.co
Creation customercare@creation.co.uk
Everyday Loans – for loans after 31 March 2021 complain to complaints@everyday-loans.co.uk using the template in this article. It is no longer possible to make complaints about loans before that date
Fair Finance complaints@fairfinance.org.uk
Finio Loans (rebrand of Likely Loans) complaints@oakbrookfinance.com
Fluro (used to be Lending Works) cx@fluro.co.uk
Koyo loans info@koyoloans.com
Lendable complaint@lendable.co.uk
Lifestyle Loans info@lifestyleloans.co.uk
Likely Loans – see Finio
LiveLend support@livelend.co
Loans by Mal (Monthly Advance Loans) Complaints@loansbymal.co.uk
Loans 2 Go read Loans2Go – how to complain
MBNA mbnaonlinecomplaints@mbna.co.uk
Moneyline headoffice@moneyline-uk.com
My Community Bank complaints@mycommunitybank.co.uk
Novuna (used to be called Hitachi) ComplaintsTeam@NovunaPersonalFinance.co.uk
Plata complaints@plata.com
Plend complaints@plend.co.uk
Progressive Money complaints@progressivemoney.co.uk
Quick Loans customerscare@quickloans.co.uk
Reevo complaints@reevomoney.com
Salary Finance (Neyber) complaints@salaryfinance.com (for loans, not “pay advance”)
Savvy info@savvy.co.uk
Shawbrook Customercare.team@shawbrook.co.uk
Snap Finance customer@snapfinance.co.uk
Tandem pl@tandem.co.uk
TM Advances info@tmadvances.co.uk
Updraft complaints@updraft.com
Vanquis customer.relations@vanquisbank.co.uk
Zopa complaints@zopa.com
118 118 Money complaints@118118money.com
Use this template
Email the lender to begin your complaint. Put AFFORDABILITY COMPLAINT as the subject of your email.
Template for you to adapt:
Please confirm the date this loan started, the amount, the interest rate and the monthly repayments. [don’t include this if you already know the information]
I am asking for a refund of the interest and any charges I paid, plus statutory interest, and to delete any negative information from my credit record. [the refunds for car finance can be a lot more complicated than this, see but this is all you need to put in your complaint]
I also want the CCJ that I have for this debt set aside. [delete this sentence if you don’t have a CCJ!]
I attach copies of my bank statements and credit report from the time I applied for this loan/these loans. [delete if you don’t yet have them yet, but they help your case if you do. Even if they show gambling, that supports your argument the loan was unaffordable.]
I didn’t know that the lender was supposed to check that I could repay the loan without having to borrow more. I only found out in [2024] when I saw a newspaper article in the Sun/an advert on Facebook for refunds/a friend said they had made a complaint/whatever. So I am complaining within 3 years of having found out that I have cause to complain. [only put this paragraph if some of your loans are more than 6 years old. It explains why you haven’t complained before. It’s only an example so change it so it really covers what happened to you!]
Add extra information if you want – see below for some ideas – you don’t have to do this.
Do you need a payment arrangement now?
If you want an affordable payment arrangement now, add a sentence to the complaint saying this. These complaints may take months to sort out – a payment arrangement can get your finances into a safe place:
- a payment arrangement shows on your credit record, but if you win the complaint all negative marks will be deleted
- talk to a debt adviser such as National Debtline if you want to know more about payment arrangements
- but don’t risk a payment arrangement for car finance or a logbook loan – one would put your car at risk.
Other details to add if you want
The template above is fine, you don’t have to add a lot more details.
But you can add extra points if they apply in your case, for example
- my bank statements and credit record (attached) show that I was unable to afford the loan repayments.
- this was a large loan, you knew I had poor credit and may have been in a difficult position so you should have tried to verify my income and expenses. If you had done this, you would have rejected my application.
- during a telephone call, your agent suggested some figures should be lower to get my application accepted.
- if the lender was your bank – you should have seen from my bank account that I was in financial difficulty, I was using my overdraft a lot, I was only making minimum payments to my credit card from you.
And some examples of points about top-ups:
- a credit check would have shown that my finances had got worse since the first loan
- I had said the first loan was to consolidate debt, but you should have seen that this hadn’t happened.
While you are waiting for a reply
Try to get copies of your bank statements from 3 months before a loan to three months afterwards. You can get statements from closed bank accounts, normally going back 6 years.
Also get a statutory credit report now and download it. You can get one from TransUnion. Do this as soon as possible as sometimes the details change, so you want a full one saved to show the Ombudsman later if necessary.
Do not wait until the Ombudsman asks you for credit records or bank statements – you want them ready to hand. They really help your case as they prove your financial situation when you took the loan out.
You should get a response from the lender within 8 weeks. If you don’t, phone them up and ask when you will get it – a couple of days is worth waiting for but many responses are rejections, so don’t wait weeks for one, go to the Ombudsman straight away.
Go to the Ombudsman if you don’t get a good offer
Don’t be put off by a rejection! Or if the lender said it was your fault because your loan application wasn’t accurate – the lender should have made checks.
Sometimes a lender will send a long, complicated reply designed to make you look as though you should give up. If they say the loan was over 6 years ago, see below for “time limits”.
I suggest you rely on your instinct – if repaying the loan caused you a lot of problems then send it to be looked at by the Ombudsman.
If you aren’t sure, ask in the Comments below this article. You only have 6 months to send the complaint to FOS, so it’s best to do this as soon as possible.
It isn’t usually worth trying to negotiate with these lenders, you are just wasting your time.
Send to Financial Ombudsman Service (FOS)
It’s easy! Use the “do it online” option to send a complaint to the Ombudsman. It asks you for all the details they need.
The main part of your complaint can be a version of what you sent the lender in your complaint. Add any more details you want, including pointing out mistakes in the lender’s reply. Also attach:
- the reply from the lender
- Trans Union statutory credit record
- bank statements starting 3 months before first loan
- do not worry if you don’t have A copy of your credit or finance agreement – lots of people don’t. The lender will supply a copy to FOS if FOS asks for it. Don’t delay sending a complaint to FOS while you try to get this from the lender.
Other information that may help your case
Don’t delay sending a case to the Ombudsman while waiting for this information.
If you don’t have the bank statements from the time of the loan application, get them now. You can get these going back at least 6 years even from closed accounts. And you can often go back a lot further with an account that you are still using.
This is a good point to ask the lender for a Subject Access Request (SAR) if you are missing information that may come in useful at the Ombudsman. This could be your loan applications, all credit and other affordability checks and assessments, and a statement of account for the loans, and – if you think this will help – a record of all phone calls.
Your lender will have details of how to ask for this information on their website – it’s often included in their Privacy Policy, with a link at the bottom of web pages.
“Is there a time limit?”
You can’t complain about a loan that started before April 2007 – that is when the law changed to allow these complaints.
Lenders will often reject a complaint if the loan started more than 6 years ago.
But the Ombudsman can look at a complaint about older loans where you complained within 3 years of finding out you have a “cause to complain”. So if you have only just heard that a lender should have checked the affordability, you can take your complaint to the Ombudsman if the lender rejects it as too old.
The Ombudsman also has a 6 month rule. You must send a complaint to the Ombudsman within 6 months of getting a reply from a lender. So don’t delay!
Need some help?
Don’t use a claims management company. They are expensive and often incompetent and use a similar template to the one in this article.
Instead ask a question in the comments below.
Can you get an overdraft refund?
Refunds from cards and catalogues
Get a car finance commission refund?
Ross says
Morning Sara,
Apologies, I posted this on the credit card refunds page, in error.
You may recall that I posted on here, a few weeks ago, with reference to a complaint with 118118 I placed with the FOS, in March 2021. The FOS replied, 4 weeks ago, to state that they were still awaiting the business file and apologised for the delay. As per your recommendation, I emailed both the FCA and the Director of Compliance at 118118. The FCA responded, saying the usual ‘we can’t comment on individual cases etc…’ but, unsurprisingly, no response from anybody at 118118. 4 weeks later, and I am still none the wiser what is going on. I’m not going to pester the FOS, as I know they’re snowed under but, do you think that when I (eventually) hear from an adjudicator, that I should press for compensation (from 118118), whether they choose to uphold, or not? The whole process has been dragged out, by the fact that they haven’t even bothered to send the case file over and I think they should be held accountable for their poor complaint handling.
Regards,
Ross
Beth says
Can a claim be made against a creditor if I am still actively paying car finance?
Sara (Debt Camel) says
yes it can. You will need to keep paying, or the car could be taken, while the complaint goes through.
BUT read https://debtcamel.co.uk/unaffordable-car-finance/ first to see if you have a better option.
Liam says
Just wondered how to maybe go about this. I have a default on my credit file from 2015, but the firm (Different Money they were known as) have since gone into administration some years ago. I’ve been asked by my mortgage broker to obtain proof that this default is settled, which I know it is, but I need something from the firm itself as they won’t accept a credit report showing it as settled. Any ideas where to start?! I got asked the same for my other default but as that was Barclaycard that was very easily done.
Sara (Debt Camel) says
so you settled the account with Different Money? It wasn’t sold to a debt collector? what is the default date showing on your credit record?
Tom says
Hi All,
My complaint against a number of loans from 118118 Money has been upheld by the business nearly 3 weeks ago- complaint had to be assessed by FOS.The debt collector told me that my account is no longer with them as 118118 Money has taken over, this was after FOS decision..Please can you advise on the length of time 118118 Money have come back to you with the final figure of redress and how quickly it was paid up ? Thank you in advance for your feedback.
Lee says
Hi Sara,
I need some advice, I put in a 2nd seperate complaint for Nationwide in addition to my overdraft complaint currently with the FOS awaiting allocation.
The nationwide loan was initially taken out before I moved my main bank account to them in 2010.
The initial loan I had was for 7k in 2006, this was topped up a further 4 times each 12 months. The 4th top up loan was 5k more than the initial loan amount. Basically each 12 months for next 4 years from 2006 I topped up my loan. I was consolidating debt including a lot of gambling debt each time, my last loan (top up) was 12k in total (5k more than initial loan). It took me 8 years in total to payback the initial 3 year loan.
I did settle the loan in 2012. The final decision came back from nationwide on Friday basically saying they can only see the information for 2009 and 2010 (3rd and 4th top ups). And say they say they did nothing wrong. The final response was very basic with little information.
Do you think this one is worth sending to the FOS? as I hold no bank statements only those since July 2010 when started banking with nationwide. I do hold information on figures paid for each top up including total interest amounts. I wondered if it is too far back to challenge or should try to go back to nationwide and counter offer asking them to pay me just the interest for the last loan top up as a gesture of goodwill. I reckon this would be about £1000 and gets me something.
Sara (Debt Camel) says
FOS will probably reject any complaint about something which happened before April 2007. But if the top ups were after that, the tops ups can be considered. I don’t see why you shouldn’t send this to FOS. If you only get a refund from the 4th, or the 3rd or 4th top ups, that’s still better than nothing?
You can try to bargain with Nationwide but I would be surprised if they agree,
Tom says
Does anybody have experience with Everyday Loans and their likelihood to accept an Adjudicator’s decision?
The Adjudicator has found in my favour but they have not responded and are now three weeks after the deadline. I don’t want to push for it to be looked at by an Ombudsman if they are likely to accept what the Adjudicator has said, given that I have already waited more than 14 months for the FOS to do anything with it… equally, I don’t want to give them more time only for them to disagree and it have to go to an Ombudsman in any event.
Quandary!
Tom says
Ha! Less than an hour after posting this I have, by coincidence, heard from the FOS and Everyday have accepted their decision! Talk about timing…!!!
Sian says
I had a complaint with the FOS for about the same amount of time. The adjudicator found in my favour and then on the last day Everyday Loans asked to see what info they had used to make their decision. 2 weeks after that they accepted the adjudicators decision. They were given 4 weeks to contact me and settle. We’re at the end of week 3 now. I think they will wait until the last minute, but I do think they will come back by the end of next week…fingers crossed! Hope that gives you some idea.
Kerry Cockett says
Is it too late to claim for an Avant loan?
Sara (Debt Camel) says
No. They stopped lending a while ago but are still paying refunds. Send your compost right to FOS if they reject.
Jack says
Hi Sara,
Do you have a complaints email address for the following:
PO loans
Shawbrook loans
HSBC
It seems they want the applicant to complete forms which is fine. However, they have no option to attached any relevant files.
Thanks for your help
Jack
Sara (Debt Camel) says
No I don’t. Just say in your complaint that you have additional information you would like to send to them.
Chris says
Hi Sara
Could you help with this one please, got reply from FO Investigator which he did’t uphold my complaint so I asked him to forward it to Ombudsman. please see investigator reply:
” I’ve thought about all of these issues in the individual circumstances of your case, and I don’t think Avant Credit irresponsibly provided your loan to you. I’ll now explain why.
When you applied for the loan, Avant credit asked for information about your finances, and completed searches to determine your credit status and history. Avant Credit was told you worked for … for a net income of £2,000, and had total outgoings of £1,250 (this included rent of £250, council tax of £30, and utilities of £100). This meant disposable income of £750 was declared. You told Avant Credit you needed the loan for an emergency expense. Avant Credit’s search of your credit history showed you had no County Court Judgements, and no defaults in the three years before the loan was given, or recent missed payments. It also saw that you had three outstanding loans at the time totalling £4,766, and two current accounts with balances totalling £9,478. You had also obtained a short-term loans in the recent past. It also showed you had a credit card that had its full limit utilised. Avant Credit saw you needed to pay £441 monthly to your existing creditors, at the time. So, while your credit position wasn’t perfect, it wasn’t dreadful.”
sorry there is more but it says that my message is too long :)
Chris says
”Given the figures you provided to Avant Credit and the information it saw on your credit file, it had no concerns about your ability to repay the £118.87 monthly. I think the checks performed were proportionate for a £2,000, requiring a £118.87 monthly repayment over 24 months, and the lending decision Avant Credit made, based on what it had seen, was fair.
I’m sorry to hear that repaying this loan may have been difficult. But given the term of the loan and the amounts you had to repay, and what was apparent about your circumstances at the time, I don’t think it would’ve been proportionate for Avant Credit to ask you for more information needed to possibly show this lending was unsustainable.
In addition to this, there wasn’t anything in the information you provided to Avant Credit or the information I think it should’ve been aware of which meant it would’ve been proportionate to start verifying what you were saying. So I don’t think it was wrong to lend to you.
You’ve provided your bank statements for one of your current accounts and they strongly suggest that you did complete gambling transactions. However, I can’t see that you made Avant Credit aware of this or that it could’ve known without reviewing these statements. There wasn’t a requirement for Avant Credit to ask for or consider your bank statements, so I can’t say it did anything wrong in this regard”
Sara (Debt Camel) says
It also saw that you had three outstanding loans at the time totalling £4,766, and two current accounts with balances totalling £9,478.
So you had two overdrafts totally £9478?
I suggest you go back to the adjudicator and say that wasn’t compatible with you having enough spare income to be able to repay a high cost £2000 loan. It should have made Avant think that there was something missing factor they did not know about and if they had looked closer they would have seen your gambling. Ask the adjudicator to pass this comment onto the Ombudsman.
Chris says
It was Credit card and overdraft both total over 9k
Thank you for advice
chris says
Hi Sara
but, do you think that I still have a case ? i’m surprised on investigator response. If they check my bank statements they will see that after this 2k loan, next month I had to borrow 500£ from pay day loan, month after as well. I had to borrow more to keep up the payments and have money to live on.
thanks in advance
Sara (Debt Camel) says
yes I do. With all that disposable income Avant thought you had, why did you have so much debt? Something doesn’t add up. They should have looked closer.
chris says
I had give some money back to my friends as well, using money for day to day living, bit of gambling, and I can admit that I could not manage my finances at the time.. overspending.. plus a have been in circle of debt that once I paid one pay day loan i had to take another one soon or later.
Sara (Debt Camel) says
if you had payday loans showing on your credit record that also suggests that you didn’t have the “spare income” that Avant thought you had.
chris says
Now I’m just hoping that FO will have different view from investigator.
thanks for you help, and for giving hope :)
Chris says
Hi Sara,
just an update, FO ruled in my favor changing investigator decision. now awaiting Avant to accept.
I would like to thank you for this website, it helps a lot :)
after Wonga went into administration I had 11k claim but only got 470£.
Then I found this website. since then I won against Ferratum, Lending Stream, now Avant. got complaints logged with FO against Likely Loans, just logged complaint with 118, and about to send one to Barclays about Overdraft and Barclaycard :)
Thanks Again!
Sara (Debt Camel) says
Great!
Mel says
Hi Sara,
I have had a response from HSBC and surprise surprise they are not upholding my complaint. There response is flawed with mistakes, I was over my OD limit loads and she said you were always within your limit ? I got quite annoyed !
I have done my own review of my accounts and it’s obvious there is a problem (gambling) but she said if you had told us you had a problem then we would have declined credit and advised to go to Gamblers Anonymous- wasn’t the evidence on my file enough ?!
I’ve banked with them for 20 years and it’s so sad to see how bad they are
Sara (Debt Camel) says
Off to the Ombudsman then!
Mel says
It’s gone this morning with a excel breakdown of all the lending that was going on over the 6 months prior to them lending to me
Martin Miller says
I had an email from 247moneybox asking for updated bank details to pay a redress with a 2 week deadline anyone else?
Sara (Debt Camel) says
yes, half a dozen people have if you look back through the comments – no news on how much or dates though :(
Dontgiveup says
Absolutely thrilled that I’ve finally got somewhere with ratesetter
Original complaint was rejected so sent to ombudsman the adjudicator found faults but suggested ratesetter did no wrong so it was escalated to ombudsman level who also rejected my complaint this was back in April.
However I still felt very strongly that my case should have been upheld so sent ratesetter another email with my views and have now been listened to and had £6.5k in fees removed it’s been a long drawn out battle but a result in the end
Lottie says
Hi Sara,
I was wondering if you knew how long roughly it takes the ombudsman to pick up a priority case please?
In August the adjudicator said Loans 2 go should not of given me the 4 loans and said they were irresponsible. However they didn’t agree and asked the ombudsman to review the complaint.
I am worried it will take a further 12-18 months to get looked at, and in that time the company will go into liquidation. We’re already 18 months in the process.
Have you heard how long cases are taking at all? And if so what are the chances of the ombudsman also agreeing with the adjudicator decision?
Many thanks
Lottie
Sara (Debt Camel) says
I think as they are treating you as a priority case you should phone up and ask what is happening.
Lottie says
Thank you -I did, and they said it’s waiting to get picked up and they will do it as quickly as they can as it is a priority case.
We see how things go, and call them back in a week or two. Just worried Loans 2 go will go into administration if it takes much longer or the ombudsman doesn’t agree with the adjudicator. Thanks Sara.
PM says
I’m not a priority case and referring to a different lender, but I’m now into my 5th month and still waiting for it to be picked up by an Ombudsman. I ring every month for an update and just get the usual “it’s in a queue and waiting to be picked up”. I previously posted on here about wait times as I was told to expect nothing until next year. Most challenged this and said it’s 4 months but that’s not worked out for me. I’m sure the timelines for priority cases will be quicker, but normal cases are taking a while.
Lottie says
Hello PM any news on your case getting picked up yet by the ombudsman?
I am still waiting and call every month to be told the same, even though it’s a priority case.
I am just worried the business will file and I will loose out on thousands if the Ombudsman agree with the adjudicator that’s all. Many thanks Lottie
Martin says
Hi all,
Thanks to Sara and her amazing site, 118118 money have agreed to refund the interest payments I made to my loan from 2015. This has been a long process from August 2020. I went to the FOS as 118 didn’t uphold my complaint but the FOS did. I have been told on the 6th October that my funds would be transferred within 14 working days, which seems a long time but just wanted to check of recent refund the kind of time it took to hit your bank account.
Tom says
Hi Martin, I have finally received the confirmation from 118 today that redress will be paid within 14 working days.Can you please advise whether you have received yours already and how long you had to wait ? Thanks
Martin says
Hi Tom,
I am still waiting. I did do the live chat this morning as it’s 14 days today and they gave me the latest date as the 27th as this is 14 working days deadline. They said to go back to them if I haven’t received it by then, I will update here once I receive.
Tom says
Thanks a lot for your feedback Martin.
Martin says
Hi Tom,
Just to let you know I got paid today, so in total it took 19 days.
Tom says
Just an update on Everyday Loans – I have to say, they have been extremely good to deal with.
I had two substantial loans with them. Complained about both – they agreed on the first one (and refunded interest), but disagreed on the second.
It went to the FOS – they accepted the adjudicator’s decision and the money was in my bank 24 hours later!
Mel says
I have a complaint in with FOS at the moment regarding EL, how long did FOS take once they picked it up ?
Tom says
About a fortnight. But it did take 14 months for them to pick it up!!!
Tim says
Hi Sara. I took out a £5000 pound loan with likely loans. But the problem is my financial position was in a bad place with lots of door step loans and also a gambling on my bank statments. They never asked for any payslips or bank statments. The loan was agreed straight away even with a poor credit score. What is the chance of winning a irresponsible and unaffordable loan against them with only had one loan? By the way im still paying the loan. Thanks in advance.
Sara (Debt Camel) says
A lot of cases have been won with only one loan when it was large. Send the complaint to LL and then onto the ombudsman if LL reject it.
Paul says
Advice again please :)
I’ve had 2 loans with likely loans (1 currently on a payment arrangement, previous one settled). I have an affordability complaint currently with FOS. LL previously upheld complaint for first loan but not the current one so forwarded to FOS. They originally offered to offset the refund from the first loan against the current one but I forwarded to FOS as believe both were unaffordable.
A family member is giving me some money which will be enough to clear the current loan. Do you think LL would still honour the original offer for the first loan and negotiate a settlement figure or should I hold out for the FOS? Thank you.
Sara (Debt Camel) says
how long has FOS had the complaint?
Is there any urgency, can’t you explain to your relative that if you win the FOS case it will save a lot of money?
Paul says
No particular urgency but the FOS have only had the complaint around 6 weeks. If I cleared the loan I’d be £230 a month better off (currently £140 but the payment arrangement is due next week and every 3 months). I’d like to clear all debts as soon as possible and start living by a budget although if it would be better to hold out for the FOS then I could keep paying monthly and hope it turns out to be a bit of a savings and I get something back.
Sara (Debt Camel) says
I expect LL would love you to settle on the basis of their previous offer. It’s up to you if you want to do this.
PM says
Getting a bit frustrated with my adjudicator. I’m into month 5 waiting for an Ombudsman and she is still telling me up to a further 6 months before this will be looked at. It took me 15 months to get to an adjudicator and now a further 5 to get to here, and I’ve not really seen any progress. If I call, I just get told that I’m not a priority case. Is this normal? Are other people getting the same feedback?
Sara (Debt Camel) says
No one ever “sees progress” during this waiting period. It just goes on until the case is assigned – you never get told yours will be picked up next month.
PM says
I had a good chat with my adjudicator today. She confirmed that I am a priority case and have been for some time (I wasn’t aware of this). However, she maintained that my case could take another 6 months. That would take me to 26 months from the time that I logged my case with FOS. It’s disappointing that things take this long, but it is what it is. I’m simply posting this for the benefit of others who might also have cases against Bamboo. Good luck.
Mel says
Everyday loans are being awful at the moment, over a month of the investigator requesting information related to my case. He says that if they don’t provide the information in the next couple of weeks he will carry out the investigation without their details.
I am actually not complaining as my case was picked up super quick..it’s just let others know :)
Elle says
Hi everyone pleased to say FOS have agreed with me regarding complaints against likely loans and 118. They both have until 3rd November to respond. Nothing so far , do people have any experience? Are they likely to accept the findings? If so do they usually respond by deadline and finally how long does it then take to receive the refund on average? Thanks in advance. This one was particularly important to me as it means my one and only default will be removed which was worrying me in terms of a mortgage application next year. Thank you to everyone so much life changing
Ross says
Hi Elle,
From personal experience, Likely Loans agreed with my adjudicator and paid out pretty swiftly too. I have a case, against 118118, sat with the FOS at the moment so can’t really say, from experience but, from what I have seen others put, it appears they generally go with the adjudicators decision.
Hope this helps?
barry says
I had a loan from Moneybarn and the adjudicator has agreed in my favor he gave them a deadline of 25th October. I hadn’t heard anything until today to find out that the have gave Moneybarn an extension to the 8th of November to reply. My question is does this sound like they are going to appeal the decision or are they just stalling to pay out? has anybody else had this?
Sara (Debt Camel) says
It’s common.
Zoe says
I’m in the same situation but a bit behind you.
Im expecting there to be delays in their response. I complained a few years ago about their sister company and it was many weeks after the original adjudicator a date before they responded. However, they didn’t object when they did respond and were very quick to pay.
Hopefully there aren’t as many unaffordable claims through Moneybarn and this process will be quicker. But I’m still not expecting anything this side of Christmas. It would be interesting to hear how yours goes and when you do get a response.
Barry says
Moneybarn haven’t responded so my case is now of to the ombudsman here we go another long wait coming up so frustrating
Zoe says
I expect you’ll hear back from them long before the ombudsman looks at the case. It’s unusual for a company to just ignore the adjudicator. But less unusual to take considerable time to reply. Usually because of the high level of complaints they have they simply just have a backlog- hopefully you’ll hear before the end of the year. I’m not expecting anything this year. Sadly as it would be nice before Xmas
Barry says
So moneybarn replied to the adjudicator saying I sold my company that’s how I paid the loan off early so they were told no I never had a company I was employed by a company that sold. also I had no other income also how I paid it off isn’t the issue they sold me a loan that wasn’t unaffordable at that time. So a good sign moneybarn replied even though it’s a week late. Fingers crossed I get this resolved before Xmas.
Barry says
So can anybody help? So I received shares from the company I joined as a loyalty bonus and it paid out 41 months after taking the loan out which I paid the loan of now the adjudicator wants to know how much I was given and when. Why is the adjudicator asking this? As the claim is about miss selling me a loan that was unaffordable at the time of taking it not about what happened 41 months later what should I do any help would be good or am I about to loose my case?
Sara (Debt Camel) says
You must answer the adjudicator’s questions.
MB have raised an objection – the adjudicator has to look into this and it’s reasonable to ask you questions. This doesn’t mean you will lose your case – unless you don’t reply!
You can also point out to your adjudicator that the affordability rules in CONC 5.2A.12 say:
“The firm must consider the customer’s ability to make repayments under the agreement:
(1) as they fall due over the life of the agreement and, where the agreement is an open-end agreement, within a reasonable period;
(2) out of, or using, one or more of the following:
(a) the customer’s income;
(b) income from savings or assets jointly held by the customer with another person … and/or
(c) savings or other assets where the customer has indicated clearly an intention to repay (wholly or partly) using them.”
Point out MB never asked if you had any assets. Also when you took the finance you did not have access to the the shares, it was unclear when you could and their value was uncertain, so they should not have played any part in MB’s assessment of the affordabilioty of the car finance.
Barry says
Should I mention I was on a debt management at the time which shows on my bank statements of just leave that bit out
Sara (Debt Camel) says
you can point that out, but it isn’t what you are being asked about. Answer the question directly. Then add on any other points you want to amke.
Barry says
Hi Sarah I have sent an answer to the adjudicator that I am happy to share the information and answer the questions but I have sent him what you sent me and asked why I should share that if to be honest it shouldn’t be taken into consideration but if he doesn’t respond by the deadline I will send it as a precaution thanks
Sara (Debt Camel) says
I don’t know why you are making this difficult for yourself here. Just answer the questions. The adjudicator is just doing their job looking into what MB has said.
Amanda says
Loan or car finance?
Zoe says
Car finance
Barry says
So after sending the info that was asked of me which I did before the adjudicators deadline I hadn’t heard a thing so emailed the adjudicator last Tuesday to ask are you still upholding my claim? And what deadline have you set money barn to respond? The response was extremely poor this is what I received. We have sent the information you provided and waiting moneybarns response!!! That is extremely poor answer in my opinion no time limit set and didn’t even answered any of my questions!!! So moneybarn can just ignore it for another year as no time limit set!!! and then they will disagree with the adjudicator decision then of to ombudsman for another year the FOS is so poor!!! Just can’t understand why they just didn’t answer here is the information you require but going with the information provided which was how I paid the loan 42 months after taking it out it was unaffordable at the time of lending and you have 2 weeks too appeal instead I get just answer when you feel like it!!!! So frustrating!!!!
Barry says
Hi Sara is there anything I can do?
The ombudsman has decided to go against his adjudicator in favour of moneybarn as he feels that they didn’t need to look at my bank statement which I feel is wrong. He thinks that a credit search and my income would have been enough but he hasn’t seen my credit file as it was more than 6 years ago also as I was paying my ex wife direct for child maintenance @500 a month but only shows her name on the bank statement he hasn’t taken that into account and at that time I was on a debt management scheme which they also not taken into account. Would I be wasting my time going back with this or is there anything else I can send?
Sara (Debt Camel) says
Do you have a copy of what moneybarn found when they did a credit search?
Barry says
Unfortunately not
Sara (Debt Camel) says
I suggest you go back to the Ombudsman and ask what MB’s credit check on you showed , as it should have shown the debt management plan and a lot of defaulted debts and seing that MB should have checked carefully the finance would be affordable by looking at your bank statements.
Vickie says
Adjudicator didn’t uphold my complaint for a logbook loan, sent more information in they have now come back and upheld my complaint. Does the company usually agree with the adjudicator and pay out or is it likely to drag out with disagreements? Thanks
Sara (Debt Camel) says
who is the lender?
Vickie says
Easy logbook loans
Sara (Debt Camel) says
Sorry you are the only person who has mentioned them, so there is no history to go on.
Ross says
Very pleased to report that the adjudicator, for my 118118 case, has upheld all 3 loans as being unaffordable (and was quite scathing, in his assessment, too). This was after 118118 spent an absolute age, in sending the case file across. I’m hopeful they’ll accept his adjudication, so I can put this whole sorry story to bed. Has anyone else had any recent dealings with 118118 after an adjudicator decision please?
Tom says
Hi Ross,
I am currently waiting for a redress to be paid out.After adjudication,118 118 have agreed within two weeks or so with the decision. I have then waited 28 days for 118 118 to provide details of the redress.On day 29 I have contacted adjudicator as I have not heard from 118 118.Next day 118 118 have outlined the redress amounts and asked for bank details.They have also advised that it can take up to 14 working days for redress to be paid.It has been 10 working days since then and I am still waiting.One other user ( Martin ) mentioned last month that was also waiting for a redress, maybe he can confirm on which day he has finally received the redress.Hope it helps.
Ross says
Thanks Tom,
Much appreciated. I’m more interested in them accepting the adjudicator decision, then I am happy to wait for the payment to arrive whenever it does. After the amount of time they gave Easter, already, I know it won’t be a fast process.
Thanks again!
Martin says
Hi,
I received an email to say they accepted the adjudicators deduction on day 14 after the FOS wrote to them. Then they emailed to ask for bank details and it was 19 days later the payment was in my account.
Ross says
Cheers Martin,
I really appreciate you letting me know. Fingers crossed they go with his assessment!
Tom says
Hi Martin , please can you advise whether it was 19 working days ? I think in yours and mine case 118 stated that it can take 14 working days for funds to be transferred.Thanks in advance for you feedback.
Tom says
No problem at all.Good luck !
Martin says
Hi Tom,
It did say 14 working days and took 19 total days to hit my account.
Tom says
Hi Ross and all,
I have received the agreed redress amount from 118 today in the afternoon.It took exactly 10 working days.Good luck !
CSS1978 says
Hi All,
Thought I’d post some good news, I complained to Avant Credit about being miss sold a loan for £4800 + interest of £6154.60, Avant rejected my complaint so I complained to FOS, who agreed at the time of selling me the loan that they shouldn’t of, Avant have agreed to full redress +8% and removing everything off my credit record, I had been paying the crooks TM Legal as I did have a owning balance and was down to around £1800.
one question I have is will Avant have the debt returned to them and would TM Legal remove their records from my file, or would Avant leave it between me and TM to sort the remaining balance out after the refund, and if so were does that leave me with their negative reporting on my credit file ?.
Sara (Debt Camel) says
Do you know what sort of refund you are expecting, taking into account what you have paid TM legal?
CSS1978 says
Hi Sara,
I only excepted to the refund yesterday, I’ve got to wait 14days now for Avant to calculate my refund, the only thing I did notice on my credit file was that Avant never reported any missed payments and the balance of the account nil, it’s only since I said to TM Legal I was making a complaint about miss-selling and was stopping payments until it was resolved and they start reporting on my file I’d missed payments, very sneaky if you as me, I do know I’ve paid around £1100 to TM Legal to reduce the balance and on my credit report it shows the balance at around £1800.
Sara (Debt Camel) says
ok so Avant’s calculation should take into account all the money you have paid TM Legal. And they should arrange for T Legal to remove the negative marks or delete the entire record.
CSS1978 says
Hi Sara,
Excellent thanks for the advice, just been adding up the payments I made to Avant which was £4308.90 and then another £1497.76 to Asset Collections/TM Legal and that totals £5806.66 I’ve paid, base loan was £4800 so as interest is being removed, I’ve over paid by £1006.60 I believe, so I’m assuming this would be my refund plus 8%.
CSS1978 says
Hi Sara,
So it turns out I’m due a refund of £1435, however Avant have left me to deal with TM
Legal direct who are already messing me about with when I’ll get my refund, reading reviews this doesn’t surprise me, can I got to the FOS officer, or would I have to make another complaint??
Sara (Debt Camel) says
Are you saying Avant haven’t paid you anything?
or that they have paid you a bit but not all?
or that Avant have paid you but you still owe a balance to TM?
or that Avant have paid you, you no lober owe a balance to TM but the TM credit record still needs to be sorted out?
CSS1978 says
Hi Sara,
So these Avant’s calculations
Amount Funded: 4,800.00
Amount Paid to Avant Credit: 4,308.88
8% Interest: £1,116.65
Balance Amendment Amount: 491.12
and these at TM’s
Balance of the account – -£1,436.38
Amount repaid – £1945.50
Amount paid prior to assignment to TMLS – £491.12
Charges applied by TMLS – £18.00
Redress given from the upheld complaint – £3399.48
basically TM tell me I’m owed by them £1,436.38, and they are dragging their heals, they told me it would take 7 working days to refund and now they are saying if I’ve not had it by the 30th to call back, I just know that come the 30th there will have been no refund and I’ll have to wait longer, when I could be using the money to pay off some bills I have.
Sara (Debt Camel) says
ok, If TM have agreed to pay you then they should. If they don’t, you can complain and ask for compensation…
do make sure both Avant and TM remove the defaults and any negative marks on your credit record.
CSS1978 says
Thanks Sara,
It’s funny because as soon as I pointed out to TM Legal that they should be removing the negative recording on my credit file, that was removed by the very next day, I’m just going to keep on at them like they did to me until I get my money, I have said to them that I want to charge them £50 per day my refund is over the 7day’s originally stated, but they replied with we do not recognize what your asking for, and if you’ve not had the refund by the 30th then let us know.
Njw says
Think I am finally done. I’ve won against
TFS
Amigo
Barclays
Barclaycard
Loans2go
Go car credit
Savvy
Piggy bank
Quick quid
P2P
Lending stream
And many more…
Hichem says
Was it irresponsible lending your case against Go Car Credit? Did they accept the adjudicator decision or has to go the Ombudsman for final decision. Thank you
Stu says
Hi, thanks to this wonderful website I’ve won a claim againts 118. They agreed to pay me my refund but said it would take up to 14 days. Today is day 14 and still no refund. Just wondering what they are like at paying out usually?
Peter = says
Good day, does anyone have experience with Varooma and Motor Kitty logbook loans. Does the adjudicator usually agree with unaffordable lending, and if so, do the company except the decision, or does it go to Ombudsman? Any input would help. Thanks
Grae says
Hi ,
I put a complaint into varooma which they rejected , sent to the FO and the adjudicator ruled in my favour , and I had 5 loans with them , varooma then agreed and asked for a couple of days to work the figures out. They emailed 2 days later with a redress amount of £5500 and asked for my bank details , the adjudicator forwarded them straight away to them around 3pm and by 5pm the same day the money was in my account , good luck
Clare says
Hi Sara can I ask what can I do I took a logbook loan out for £500 paying back £17.50 a week for 52 weeks I’m really struggling to pay this debt off because I’ve missed a few weeks it’s now even harder to pay they have my logbook and I’m scared they might take my car, they are adding late payment fees now which is making it more difficult for me to get straight and to pay off my loan, is there anything I can do about this thanks
Sara (Debt Camel) says
Hi Clare, do you have other debts as well? (trying to get the full picture)
Clare says
Hi yes I’ve got lots of debt around my neck recently topped up another £600 with Morses I did lie about my finances but needed it just to live and pay logbook lending just don’t know what to do about it all thanks
Sara (Debt Camel) says
There is a template letter for a logbook loan complaint in the article above.
BUT you have to carry on making the payments to a logbook loan while a complaint goes through as your car is at risk. These complaints can take a very long while to go through.
It may be that you need to stop making any payments to non priority debts to let you pay this logbook loan. I suggest you talk to National Debtline on 0808 808 4000 about your full situation. They are familiar with affordability complaints.
Tom says
The FOS have upheld my affordability complaint against HSBC. It’s a fairly significant one, with more that £12k interest paid.
Now the anxious wait to see if they agree with the adjudicator….!!!!
Mel says
Let us know how you get on, I have a complaint with FOS now and waiting for HSBC to send their information across
Carol C says
Hi
Thanks to this site I have had my unaffordable lending complaint upheld by Moneyway
My question is regarding gap insurance provided at point of sale. As the sale was miss sold, can I claim for a gap insurance refund?
Sara (Debt Camel) says
Was the insurance provided by a third party insurer? How expensive was it? Were you told it was compulsory?
Carol C says
Hi Sara
It was by the car showroom, it was £399 paid over a 12 month period.
I had not heard of it before, I was told it was “necessary” due to it being on finance.
Thanks in advance
Sara (Debt Camel) says
In that case you should ask for that to be refunded as you were told you had to have it. If they refuse you can take the complaint to the Finacial Ombudsman – I haven’t seen an issue like this with car finance affordability.
Ally says
Hi Sara (and everyone else),
I’m hoping for a bit of info or advice on a recent complaint that I made to 118 118.
I previously made a successful complaint to Lending Stream who, to my surprise, responded to my email almost immediately. They agreed with my complaint, offered me a substancial refund and it was in my bank 3 days later!
118 however, I seem to be having a bit of a different story! They eventually acknowledged my email, explained typically that they would reply in due course. Two weeks later they confirming my account history and assured me they would investigate my case over the coming weeks. Its now been 7 weeks and I havent heard a thing.
I’m seeing alot of people mentioning adjudicators with 118, so does this mean they’re renowned for rejecting complaints? Also is it 8 weeks they have to respond before I can progress it over to an adjudicator?
Any help anyone could provide, would be really appreciated.
Thanks, Ally x
M says
Hi Ally
I found 118118 money as one of the better companies to deal with. They updated me during the process and gave me an offer with a few days remaining of the 8 week deadline. I hope you hear something soon!
Ally says
Hi M,
Thanks for the response. I’m really hoping so but still got a week to go before the 8 weeks us up.
Thanks again x
Ross says
Hi Ally,
118118 took the whole 8 weeks, before declining my complaint. The response was very poor and didn’t take in to account any of the (valid) points that I made. I sent it to the FOS and then they took an age to send my case file over. I sent the complaint to the FOS in March and it was only last week that an adjudicator made his decision, siding with me. They have until the 17th to either agree, or disagree, with his decision. No doubt they’ll take the whole time given and then the same to payout, if they agree. Far from being one of the ‘better’ companies to deal with, I have found them to be a complete pain in the a***. Good luck!
Ally says
Hi Ross,
Thanks for your reply.
Sorry you had such a hard time with them, I’m really hoping my case doesn’t follow suit!
I have emailed them this morning reminding them that its their last week and that it will be escalated if I don’t hear from them.
Fingers crossed, but I don’t have high hopes.
Thanks again x
Tom says
Hi Ally,
I have had complaints with almost all of the lenders!
Three things I would say :
1/ don’t fret that you are at 7 weeks and haven’t heard anything. Nearly all of my lenders have waited until the 8 weeks were up before issuing a decision. Some took longer still.
2/ if they reject your complaint, but you feel it is valid, send it to the FOS without delay. There have been a few of mine where I felt I had an extremely strong case and the lender just rejected it out of hand, without substantively engaging with what I had told them. Each time this happened, I took it to the FOS and they upheld my complaint. When dealing with the FOS, I have been extremely detailed and I think this has really helped.
3/ do be prepared for the FOS to take an age though… on average, I have waited about 12 months for each of my cases to be picked up by an Adjudicator – though of course it is worth it in the long run!
I have made complaints to 15 firms over the past two years. I have won 13 of them, and the other 2, I am waiting for the companies to agree with the Adjudicator…hopefully. It has taken a lot of my time and I have pushed fairly hard and consistently – but it has completely changed my financial position so well worth sticking with.
Good luck!!
Ally says
Hi Tom,
Thanks for your comment – it’s super insightful!
So do you think I should just go to the adjudicator now, even though the 8 weeks isn’t exactly up yet?
That’s a great result for you, well done! As my initial comment said, I was really happy with Lending Streams response and wasn’t expecting it, so I already see that as a bonus. I need to have another look over my history with 118 and see if it’s worth the hassle going forward.
Thanks again,
Ally
Sara (Debt Camel) says
No, wait until the 8 weeks is up.
Sending a complaint to FOS is not a great deal of hassle. If you think the loan was unaffordable, I am not sure why you would not do this?
Ross says
Hi Ally,
As Sara says, definitely send this to the FOS, if you have to. As you’ve already complained, to 118118, you have stated that you believed the loan(s) to be unaffordable. Companies hope that, just because the reject a complaint (many that shouldn’t be, by the way), people will just go away and they’ll avoid FOS fees and/or having to pay redress. As you’ve come this far, it would be daft to give up, at this stage. Just my opinion, obviously. It’s totally your choice, at the end of the day.
Claire says
Hi all. I’m sure 118 have calculated 8% incorrectly. They first told me it was £260 when I challenged they said they made a mistake and it’s £270, I calculate it as more.
First loan over 24 months for £2000 started 28/08/2017 monthly payments £159 paid back £3832 by 23/12/2018
Second Loan over 24 months started 23/12/2018 for £2683 monthly payments £206 paid back 4964 by 20/06/2020
118 stating 8% interest is £270 – I know this can’t be right because I had a loan in 2017 with likely loans and their refund is £1021 – they calculate 8% at £250. The amounts with 118 were much larger so presumably the 8% should be much more than likely loans especially given both date back to 2017
Thanks so much
Sara (Debt Camel) says
Is this direct from 118 or was the refund ordered by FOS? Is it for both loans?
The numbers – the 3832 paid to loan 1 includes the settlement amount from the top up?
– the 2683 amount for the second loan – was ths what you received in cash or the size of the loan?
PIE1400 says
Hi Sara,
I’ve just made an affordability complain to Kabayan in oct 2020 and it is now with FOS, i had a loan with them since 2013 until 2019.
Kabayan said they are not convinced that the previous loans contributes to my debt problem as it is over a year already since my last payment.
i have received a email from adjudiacator and it says;
In relation to your complaint:-
Can you please explain when you first became aware that the business may have done something wrong – and what prompted you to realise this?
my question is I’m not sure how my answer will affect the outcome of my complaint and what is the best thing to say.
Thanks
Sara (Debt Camel) says
You are being asked this as a check as to why you are making a complaint more than 6 years after the loan was given.
FOS will look at your complaint if you have only found out you have a reason to complain in the last 3 years. So you may have known from the start that the loan repayments were causing you problems but thought it was your fault, not knowing that the lender had a regulatory duty to check the loan was affordable for you. So explain to FOS exactly when and how you found out what an affordability complaint was. Perhaps a friend or relative told you. Or you saw an advert from a claims firm on Facebook or Instagram. Or you saw an article about Wonga or Amigo and wondered if the same would apply to your lender.
PIE1400 says
Thanks Sara, this website is really a great help.
God bless x
James Aylwin says
Hi, I have a complaint against Tm advances. The adjudicator found in my favour and now the ombudsmun has provided a final provisional decision. In all my dealing with the FOS I have never encountered a provisional final decision. Has anyone else?
Sara (Debt Camel) says
There is always a provisional decision if the Ombudsman reached a slightly different decision to the adjuidcator. And sometimes if the decision was the same but the ombudsman is replaying to objections the firm made.
James Aylwin says
I have never encountered one before but thank you for the reply. The decision is the same as the adjudicator.
Mel says
FOS investigator has upheld my complaint against Everyday Loans, which a positive step but they have made a number of mistakes in the letter to EL wrong name, title even he instead of her…frustrating but happy with outcome :) let’s hope EL agree
Tim says
Hi Sara. About 6 months ago i took out a loan with likely loans for £5000 pounds. I have a very poor credit rating with lots of door step loans and other loans on my credit file. Do you think they should have asked me for my bank statements to see if i could afford the loan. Even if it was my first loan with them? If they had they would have seen lots of gambling transactions on it( I mean thousands). I was given the loan within 2 hours in my bank account. I lost that money within 2 weeks. I then applied to 118 118 for a loan of £4500. Again they never asked for any proof of income or a copy of my bank statements and the money was deposited was put in my account the same day. My question is for loans of this amount should a more detailed check have been made by these 2 loan companies?. I have not gambled for 2 months now ( this was a wake up call for me). I have made a complaint to both these companies due to being in arrears with both. I know i will have to pay back the original loan amounts but what are my chances of getting my interest removed and a more affordable repayment arrangement. Thanks in advance.
Sara (Debt Camel) says
A lender has to make “proportionate” checks. For a small payday loan, a lender isn’t expected to go into great detail on the first loan. But these loans were large and the lenders should have known from your credit record that you may be in difficulty and done more checks.
If LL or 118 reject your complaint, send it to the Ombudsman straight away. I hope you have sent the lenders your bank statements? If not, do that now.
What is your current financial situation like? Are the repayments affordable now? Do you have any priority debts? This doesn’t affect your complaint – what matters is your situation at the time the loan was taken out – but it affects what you should do now as these complaints can take a very long time at the Ombudsman.
Tim says
Ive arranged a smaller repayment plan to make it easier whilst this claim is ongoing. Hopefully it i win and the interest is removed my outstanding balances will be paid off. I know missed payments will br on my credit file but they should be removed at that point
Tim says
Hi Sara. Yes i did send them my bank statements. They dont look very good reading. One of them had £27000 going out and £25000 pounds deposited all gambling. In fack if likely loans asked for my bank statements they would have seen the £5000 pounds deposited by 118 118 on there
Brian says
Great news..ombudsman has agreed with adjudicator on my case against oplo. I paid back over 16k on a 8k loan.
Awaiting on oplo to respond, but wanted to say thanks to sara for this site. To all out there, be patient and fight your corner! Will update when I have anymore news.
Alexandra says
Hi, are the lenders not obligated to check bank statements? I had a car finance approved back in 2018 that was completely unaffordable due to excessive gambling. They haven’t checked bank statements. They rejected my complaint, the adjudicator upheld it but the ombudsman reject it… it was 100% unaffordable, only if they would’ve checked my bank statements.
Sara (Debt Camel) says
It depends on your situation. If there was nothing on your credit record that suggested you may have problems, then FOS may not think the lender needs to make detailed checks.
Is this a final decision, or can you still go back with comments?
Alexandra says
Thank you for your reply. It is a provisional answer. He said If I wanted to get back to them with new info, he’ll look into it, if not, it’s likely this will be his final response.
Sara (Debt Camel) says
So have you sent your bank statements to FOS? Your credit record?
What did your credit record show at the time of the finance application – any recent credit applications? credit problems?
Was this your first car?
Alexandra says
It was a part exchange loan. I have sent them the bank statements, he said that my credit score at the time looked fine and that the company doesn’t have to check my bank statements. And that it’s likely not to uphold my complaint
Sara (Debt Camel) says
was he correct that your credit history looked fine?
Alexandra says
I was paying my other loans and everything as I was borrowing money from friends constantly. This is on the bank statements too…on the month they gave me the car finance I took out 2 other loans too. I find it odd that the adjudicator uphold the complaint but the ombudsman didn’t…
Sara (Debt Camel) says
So this isn’t straightforward if there were no problems showing on your credit record. And if you were accumulating large debts to friends, these would not be visible to a lender. If you had taken other credit just before the car finance application, they may not have shown up on your credit record .
Alexandra says
So he can not uphold even though I was struggling? Thank you for your reply:)
Sara (Debt Camel) says
You have to explain why the lender should have looked at your bank statements. If your credit record was find and your income was fine, FOS may not think they need to.
Vickie says
An update on my case with Christian paul Gachet trading as easy logbook loans. Adjudicator initially didn’t uphold my complaint, after advise from here I sent in more information and the adjudicator changed their decision and upheld my complaint. Christian Gachet had until today to to respond, he has just responded stating he doesn’t agree with the adjudicator. So my case is now being handed over to an ombudsman.
Does anyone have an idea of how long it takes for an ombudsman? My case was a priority for the adjudicator.
Does the ombudsman usually agree with the adjudicator?
Thanks
Sara (Debt Camel) says
It’s always hard to tell with Ombudsman cases – as yours is a priority I hope it won’t be long.
Vickie says
Does the ombudsman usually agree with the adjudicator? The lender didn’t agree with the adjudicator and now it is going to ombudsman. We both have until today to send in any more information. I don’t know what or if I should send in any more info. I’m just worried now after all this time and going backwards and forwards my complaint will fail at the last hurdle.
Also what happens if the company goes bust in the meantime? I see they are no longer lending to new customers. Thanks
Sara (Debt Camel) says
Who is the lender?
Vickie says
easylogbookloans
This is them. They have been incredibly awkward and evasive
PM says
I assume it varies from lender to lender, but I have a case against someone else and I’m still waiting for an Ombudsman decision. It’s been in the queue for 22 weeks and I’m a priority case also.
Thomas says
Hi Vickie,
I started a complaint with easy logbook loans today. I had a previous loan with them. On my second loan with them they didnt do any affordability checks as they used all the info from the first one. The first one was a joint loan so both myself and my mrs income and expenditure was checked. The second however was only in my name. My wages went from full time to 16 hours a week. Already had two loans a month going out. Nearly had car taken off me and ended up paying 500.00 over what i was suppose to pay back. Im in for fun and games im thinking. Were they slow from the outset with you in responding?
Vickie says
I had the information pretty quickly from SAR but once I sent in my affordability complaint they denied receiving it. I forwarded on the email I initially sent them. They then replied close to the 8 weeks stating that they did all relevant checks etc. This was back in March last year. It was sent to FOS who have upheld my complaint but on the very last day after a reminder from the adjudicator easy logbook loans didn’t accept the decision so it has now been sent to the ombudsman. I did get my car taken by them and they have been awkward from the start. I see that they are no longer lending so I hope they don’t go into administration in the meantime. Good luck
Alexandra says
Thank you for your advice. I have sent an email back explaining all my outgoings and I’ve attached bank statements 3 month before and after the loan. Hopefully he will have a look at them and uphold.
Elle says
Hi everyone. Do I have to send payslips as part of the initial complaint with the company? They haven’t concluded their complaint yet but are asking for proof of wage, I don’t feel comfortable sharing this information, do I have to? Thank you
Sara (Debt Camel) says
You don’t have to, but it is the proof that the credit was unaffordable for you. It also shows that you will send them to the Ombudsman, so a lender may be more likely to uphold your complaint?
Ross says
I’m pleased to report that 118118 have agreed with my adjudicator decision. They had until yesterday, to respond, but the adjudicator hadn’t heard anything by close of business. Then, at around 2000 last night, I had an email from 118118 confirming the redress figure and asking for bank details. They’ve also stated it will be refunded within 14 days, which is quite interesting (bearing in mind they’ve waited the full 14 days to agree and I half expected 28 days to be quoted). I am so pleased this is now sorted and that I can put it to bed, once and for all.
As frustrating, and difficult, as it’s been, I have stuck with it and I would encourage everyone else not to lose faith. If I’d got up, and walked away, I’d have been £1800 worse off, so I’m glad I stuck with it.
Sara (Debt Camel) says
very good news for you.
HHHHHHJ says
Has anybody ever had experience of independent adjudicator ruling that the lender was in the wrong, the lender disagreeing and then the FCA agreeing with the lender? Savvy are refusing to accept the IA’s decision that they leant to me irresponsibly
Sara (Debt Camel) says
It happens but it is pretty rare.
Sian says
I just want to say thank you for all the information on this site. I put in a complaint against Everyday Loans. It’s taken a long time but they agreed with the adjudicator and payment was made. I was just happy that we wouldn’t have anymore payments to make as there were still 3 years left. This alone saved us £14,000. But then we also got a refund of £6,200!
Mel says
Hi Sian, this is really positive. I have a complaint upheld with EL and they have until Friday to respond, how soon did you receive your refund after they accepted?
Sian says
They dragged their feet a bit. They were a week over the deadline with accepting, and then they were given 28 days to give me the figures and they took an extra week. And then they took the full 2 weeks for payment. A long road but well worth it! Good luck
Mel says
Hi Sian, I suspect I will get the same treatment from them frustrating but I haven’t had to wait much for the FOS to pick up. How long did they take to pay after all of that ?
Paul says
Hi,
I have a question.
If I win my case against a secured loan company can the secured loan company close the account and ask for the outstanding balance to be paid.
My case has now been picked up by the Ombudsman
Thanks
Sara (Debt Camel) says
I don’t have any experience of secured loan FOS decisions. I would be surprised if the Ombudsman would think asking for the outstanding balance to be repaid immediately is fair though.
Can you come back and say what happens?
Paul says
Hi,
I asked the adjudicator would my secured loan account be closed if I won my case and would I have to pay the remaining balance as I had this experience with a credit card.
The adjudicator has told me that there should not be an issue as the terms and conditions between credit cards and secured loans are very distinct and different.
Thanks.
Sara (Debt Camel) says
And if a credit card is closed they cannot demand the full balance right away, you have to be allowed to repay it at a reasonable rate (if you win your case) or the standard minimum payment (if if you lose your case).
Thomas says
I’v just had adjudicator uphold my complaint with car cash point logbook loans. Do they agree with adjudicator or not ingeneral? Im thinking not.
Emma says
CCP didn’t reply to my adjudicator so it went to Ombudsman queue. They then dragged their feet on repaying. They are a pain and will do anything to string it out.
Mel says
Does anyone have any experience with everyday loans and their willingness to agree with an adjudicator? Mine had given them to the 26th Nov to respond but I am not holding out much hope they will agree
Ross says
If you look further up the thread, you will see that Sian had her case agreed by EL, at adjudicator stage, so don’t lose hope just yet. A lot of companies will wait until the very final day to agree/disagree (my 118118 case was only agreed by them on the final day and then at about 8 o’clock at night?!?). Hope this helps?
Mel says
Hi Ross, I hadn’t seen the post above ! At least I don’t have to long to wait for a decision now and hopefully they will agree. Thanks for responding:)
alex says
hello. Is it any rules for how long bank statement history lender should check when they make decision to give a loan? 3 or 6 month bank statement? or there are no specific rules about it?
the situation is that in 3 month there was not any gambling transaction,but in 6 months are gambling transaction for over 7K£
Sara (Debt Camel) says
This is for a complaint you have made to a lender? Who was the lender and how large was the loan?
alex says
likely loans 10K loan. i already in arrangement. not raise a complain yet,because not sure if they have a look gambling transactions for last 6 months or 3 months and do not know if there is a point to raise with this circumstances
Sara (Debt Camel) says
so when you took this loan, did they ask to see any bank statements? what would your credit records have shown at the point you applied – recent problems? increasing debt?
alex says
they did not ask at all bank statement. this was my first loan from 3 i have now. with lendable and 118money will be easy because after i lost this 10K I borrowed from them it is easy to proof,but with this first one i am not sure if I am able to to something. this 10K was affordable actually,because i have not any loans , all i have against them it a lot of gambling transactions in last 6 months,but not in 3 months
Sara (Debt Camel) says
so there are no set rules about this. But if the last three months of bank statements suggest the loan was affordable, you may have difficulty winning this one. Were there no gambling transactions showing as you had stopped gambling? or because you were taking a lot of money out in cash to gamble with?
Lottie says
Hi Sara,
I was after some help if you could please?
My case has now been picked up by the Ombudsman to make a decision on my complaint, after the business didn’t agree with the adjudicator. I have waited 4.5 months for the Ombudsman, but my Adjudicator has now confined the Ombudsman have picked up the case.
Do you know what sort of time scale it will take from this stage now? Ie: is it likely to be another 3-6 months? Or is it likely to be a few weeks? In your experience.
Any help would be great.
Thank you Lottie
Sara (Debt Camel) says
If the Ombudsman has all the information they need, it shouldn’t be 3-6 months!
Lottie says
Yes they have everything apparently and is now been picked up to review and give the final decision.
I hope it’s not to long, the financial burden and what it’s doing to my MH is not good. Fingers crossed I don’t have to wait to long.
PM says
Hi Lottie, I don’t suppose you did anything or spoke to anyone to push your case through? I’m still waiting for an Ombudsman 6 months in. My adjudicator just tells me to wait, and the customer services team don’t do anything. Frustration is really getting the better of me now, especially as I’m apparently a “priority case”.
Lottie says
Hey PM,
I E mailed my adjudicator again, and just said how it was affecting my MH because it is. I also said I was so concerned that the business would go into administration if left to long, and I would loose out on any redress, when financially this could potentially see me debt free for the first time in my adult life.
He did respond to say it had now been assigned to the Ombudsman and they have everything they needed, so hopefully it won’t take the Ombudsman long to make a decision. I will keep you posted on any changes. 6 months is such a long time. I am 4:5 months but in total from my complaint nearly 2 years now. I hope yours gets picked up asap for you
Brian says
Hi Sara,
I have now had response from oplo after ombudsman ruled in my favour.
Great result of £8469 back!! Just awaiting transfer, but wanted to thank you for your great site. This will clear my debt and get me back on track.
To all the cases out there, keep the faith and persevere to the end. Oplo initially dismissed my claim, so stick with it folks!!
Thomas says
Hi Sarah please could you help with a redress i was given by carcashpoint. I paid 2754.61 back, I I borrowed 1857.83 they are telling me its 555.17 interest and 181.91 for 8% ftom 23oct 17 to 26 nov 21 can you help please
Sara (Debt Camel) says
Can you go back to them and query the figures ? 2754-1857 is about 900 in interest and charges that should be refunded… And so the 8% figure should also be larger.
Thomas says
Thanks for your reply Sara,
I think iv been had. I accepted their redress figures because I couldnt find the reciept from the final payment. They are saying I never paid the amount I stated above. They were getting a bit shity. Iv just found the proof it was actually £2821.00. Tried phoning my aduicator before i acceped shes on sick leave. In the adjuication it clearly said repay me all that was above the capital. Iv been had havnt I Sara.
Sara (Debt Camel) says
Put in a complaint that the refund was incorrectly calculated – say you have now found the evidence.
Thomas says
Thanks Sara. Im sending ccp the receipt now as well. Also sent to my adjuicator. Not nice these people.
Many Thanks Sara.
Caroline says
Hi Sarah,
The Ombudsman had found in my favour. I took out two loans from Advent credit I defaulted on the 2nd loan that was then sold to the debt collector. I paid the loan in full in 2018. On 2019 I made a complaint and Advant credit agree they shouldn’t have leant me the loan. They then refuse to pay me the refund and said they had paid it to debt collector and I would have to contact them. I complained as if should not have been paid to them when the balance was clear. The ombudsman agreed with me and said to make this right Advant had to refund me. The ombudsman has been back in touch today to say Advant are still saying I have to contact the debt collector. They have 4 weeks to pay if they don’t it will go to court have you heard of companies not complying with the final response?
Sara (Debt Camel) says
this sounds weird. Have you talked to the debt collector? Who is it?
Laura says
I’ve had similar with avant. Although it was an adjudicators decision so I can’t take it to court as it isn’t legally binding.
I’ve had a partial refund from the debt company but I’ve since made further complaints to Avant and the debt company and get no where. I’ve taken it back to the fos. What they now owe me is less than the fos fee so I don’t understand their motive for not paying/sorting.
Avant wash their hands once they have sold the debt and state it is not their problem
Sara (Debt Camel) says
I haven’t heard of this problem with Avant (or any other lender) before.
Did you take the new complaints back to FOS?
Laura says
I just got a complaint response from Avant and the debt collector this week so have taken those to FOS. Bedding in for the long haul.
Essentially Avant told the debt collector to reduce the balance which they did, but fees and interest weren’t added to the refund.
From what I have worked out Avant haven’t told the debt collector about that bit. The debt collector won’t accept my proof of the FOS view and are saying it has to come from Avant.
Lee says
Hi Sara
I have a loan with 118118 taken out in Nov 2019 after receiving 5 emails between sep – nov telling me im pre approved I applied and was accepted for £2000. I pay £134 a month I have so far paid £1602 with £1602 remaining ,
do you think i should put in a claim I also have an amigo loan, number of credit cards and was reliant on pay day loans and revolving credit, I also hold a credit card with 118.
Sara (Debt Camel) says
So if you did not take out any more credit after this 118 loan, would you have been able to repay it?
Have you already made complaints to Amigo , the payday lenders? Did the credit card lenders increase your limits?
Lee says
I have a complaint with Amigo already – but we know where we are with them ive followed your thread – Thankyou
I have taken out more credit since 118 loan as I needed it to get by day to day , I have made complaints to the other lenders such as Tappily and also Drafty both have which have been upheld , resolved and closed.
118 increased my initial credit card limit from £200 – £600 in June 2020
i also have a CIFAS marker (which shouldnt have been applied) due to come off Oct 2022.
Sara (Debt Camel) says
Then you should make a complaint as this loan was unaffordable without extra borrowing.
HJJJ says
Savvy are still refusing to accept the adjudicators decision which upheld my complaint so this has now been passed onto the FOS. What are my chances? Am I still likely to have this upheld – I dont see the point in undermining adjudicators, whats the point in them if the ultimate decision is down to the FOS?
Sara (Debt Camel) says
FOS say that 90% of adjudicator decisions are upheld by the Ombudsman.
I think I see more people saying they won their case at the Ombudsman level after the adjudicator decision went against them than the other way around, but that is anecdotal, no statistics behind it.
Bix says
Hi Sara I would like to know if it’s ok to contact FOS. They sent me and email on the 7th October that my claim as been submitted. But haven’t heard anything from them since then. Is it ok to call them to see the progress.
Sara (Debt Camel) says
It’s only been a couple of months. Are you finding this very difficult, or would you just like to get it sorted?
Bix says
I submitted the claim 8th september for both loan companies. It hasn’t been financially easy this year.
Tracy Sowerby says
Hi Sara
I’ve just been Informed by my adjudicator that the vanquis loan I had was given irresponsibly.
They have been instructed to refund all interest on a 3000 loan (which is about 1760), also 8% simple interest and remove negative info.
My question is given that I have to pay back the 3000, to calculate, do they take off the 1760 and also all payments I have made towards the original amount?
Thankyou
Sara (Debt Camel) says
Essentially the loan is reduced to 3000 (so no interest) less what you have already paid.
Ross says
118118 have, finally, paid my compensation on day 10 of a quoted 14. So pleased to put this one to bed now. Thanks for your help Sara, as ever. Much appreciated.
Dan says
Just received a response from the adjudicator regarding my Everyday Loans loan and they have told them to pay all the interest back to me. How often do lenders, Everyday Loans in particular, agree with the adjudicator’s assessment? It’s pretty damning as their assessment calculated me at having only £40 a month to spend on expenses and claimed EL doubled how much I was earning in their credit checks of me – I don’t think EL would win against the ombudsman if they rejected the adjudicator’s offer.
Mel says
I would like to know this, my case was upheld and I am still waiting a response from EL 3 weeks after the adjudicator issued them his findings after over a month of waiting for my case information to be sent to him. They drag their feet responding to FOS so I have read from others on here. So be prepared…