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 get the interest refunded in cash. When you still owe a balance, the interest is removed so you only 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?
- any personal loans, including high-cost 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 may still have been unaffordable!
- you can also complain about car finance. But if you are still paying car finance, be careful – read Car finance affordability – what you get if you win a complaint
- the complaints here do not apply to mortgages or business loans.
What is “unaffordable”?
The regulator says “affordable” means:
you can make the repayments without hardship or having to borrow elsewhere.
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
Castle Community Bank complaints@castlecommunitybank.co.uk
Creation customercare@creation.co.uk
Everyday Loans – for loans after 31 March 2021, see Evlo and use the template in this article. It is no longer possible to make complaints about their loans before that date
Evlo (rebrand of Everyday Loans) chioma.nwachukwu@evlo.co.uk
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 the loan caused you a lot of problems, 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 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 if your loan was still being repaid within the last 6 years, the Ombudsman may well decide they can look at it. So if your loan started in 2017 and finished in 2021, send this to the Ombudsman if the lender says it’s too old, because it isn’t.
The ombudsman may also look at older loans if you had a continuous stream of borrowing which carried on into the last 6 years. So if you had 2 loans, the first from 2014-17, when it was refinanced into a loan from 2017-2021, the Ombudsman may decide they can look at the earlier loan as well. And if you had two overlapping loans, eg from 2014-2019 and 2017-2022, the Ombudsman may look at both.
But if your loans from this lender ended more than 6 years ago, then it is very unlikely you will win a case at the Ombudsman.
Need some help?
Don’t use a claims management company. They are expensive, 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?
Rd says
Good morning Sara.
I had a loan with 118118 and I put in an affordability complaint (May 2020). They rejected the complaint, so I sent it to FOS. They upheld it and told 118118 to remove interest and negative info from credit file, which they did.
Before I put in the complaint they had sold the loan to PRAC and BW Legal was managing it (Dec 19). 118118 told PRAC/BW Legal the new balance is to repay borrowed amount only.
I have now paid off the balance with PRAC/BW Legal, but they are refusing to remove the default as they say the complaint was not with them and the default they put on will stay on my credit file.
Can you please advise what to do?
Sara (Debt Camel) says
I suggest you complain to 118 that they should have told PRAC to remove the default.
Megan says
I took out a loan in 2015 with 118 and this loan was paid off last year.
I have complained to the company and they will be refunding charges and interest and the statutory interest.
The total for the charges and interest is £1091.52 and they have advised the statutory interest is £299.93.
I’m not sure if this is right can you help please?
Sara (Debt Camel) says
It doesn’t look wrong to me. It’s about 3.5 years worth.
If they take 20% tax off, you may be able to reclaim this from HMRC – see https://debtcamel.co.uk/ppi-payday-refund-get-back-tax/
Andrew says
Good morning Megan,
How long did it take 118118 money to issue a final response to your complaint?
I complained to them 7 weeks ago and haven’t heard back from them yet.
Megan says
Hi Andrew,
They took about 8 weeks to issue me with a final response.
Rosie says
Megan have you been paid out yet? I received an email confirming my redress on 23/6/22 and to reply to the email with my bank details and it would be paid within 2 weeks but I haven’t had any reply and nothing has gone into my bank
Megan says
No I haven’t yet. I did call 118 last week and the person I spoke to said I need to wait 14 working days, which is next week.
Rosie says
That’s great thank you so much, hopefully they won’t mess about it
Megan says
Fingers crossed.
If I hear anything else I will update this post.
Rosie says
Hi Megan, I’ve received this today –
Thank you for your email.
Your bank details have been passed to the customer relations manager, who will be issuing your payment.
Please note, as outlined in our final response, this may take up to 14 working days to reach you (14 working days from the date you provided your bank details)
I replied with my bank details on 23/6/22 so not sure if it will 14 working days from then or 14 working days from now. At least things seem to be moving!
Rosie says
Hi Megan the payment has gone in this afternoon, hopefully yours will be quick xx
Megan says
Hi Rosie,
I’ve been paid out today.
Did you have 1 payment or 2?
I’ve not been paid the 8% Statutory Interest, only the refund of the the charges and interest from the loan.
Sara (Debt Camel) says
that is odd, I don’t remember anyone mentioning that before.
Rosie says
Hi Megan, I had the interest paid separately but on the same day, interest payment came first then 2 hours later the payment
koyem says
Hello
Can you make a complain against natwest I have £9,000, £7,000 and £3500. loans?
Sara (Debt Camel) says
Yes you can. What matters is if the loan repayments are too much for you.
Sara (Debt Camel) says
Did you have more than one loan at a time? Were they your bank, did you also have an overdraft or a credit card with them?
koyem says
Yes they were only months apart those three loan. I have over draft as well of £4,000. I don’t have credit card
Sara (Debt Camel) says
was one loan paying off the previous one, so they were getting bigger – £3500 then £7,000 then £9,000?
or did you list them in order so you too the largest first then two other smaller loans in addition?
what were the loans for?
did the interest rate on the loans increase each time?
was the overdraft of 4000 also with NatWest, and how much of that overdraft did you use each month – did that increase?
(sorry for all the questions – some of them won’t be relevant, but until I know the answers I can’t guess which!)
koyem says
My first loan was £7000 then after 3 months I was approved for another loan for £9000 then again after 6 months I was approved for £3500. They were different loans and my overdraft was always £4000. They were fixed loan repayment. I was in arrears with them and I spoke to them I requested if they can put them together so I can afford the repayment because I was struggling during Covid but they refused they said that I am not entitled to restructure my loans because I was in arrears.
Sara (Debt Camel) says
So this may well be a good complaint. You can just send in the template letter in the article above, changing it so it lists the three loans.
If you want to know any more, can you answer all the following questions
1) How large are your arrears at the moment?
2) Was the interest rate on the last loan higher than on the first loan? This matters because it shows NatWest knew the last loan was more risky.
3) when you took the first loan out, how much of your overdraft were you using and for roughly how many days a month were you in your overdraft? When yopu took the last loan out, were you using more of your overdraft and/or for longer each month?
4) what was the rough date of the last loan?
koyem says
My balance is roughly £10,000 and they have put all my loans together including my overdraft. And Moorcroft is now the one dealing with my all my accounts with NatWest.
Sept 2017 my First Loan was granted £7000
March 2018 my Second loan was granted £9,000 and
June 2018 my third loan was Granted £3,500
May over draft was increased from £100, to £4,000 on March 2018 and from August 2018 I was using my over draft about £3900 monthly until October last year that they put all my accounts on default. I am currently on DMP with stepchanged.
Unfortunately I can find my loan agreements.
Thanks again Sara
“““`
Sara (Debt Camel) says
OK then definitely send a complaint about the loans using the template above. But also read https://debtcamel.co.uk/get-refund-overdraft/ and add a paragraph in your complaint to say they should not have increased your overdraft to £4000 in March 2018, the same time as giving you the second large loan and ask for all your overdraft charges to be refunded from that date.
koyem says
thanks Sara
Sam says
I had a loan with Bamboo which was later sold to a debt purchaser for 3X the original loan amount despite me having made payments towards it.
If I wish to make a complaint about irresponsible lending would I approach the debt purchaser or Lantern?
Sara (Debt Camel) says
You complain to Bamboo. They are losing a LOT of these cases, send it to the Ombudsman if they don’t reduce the balance with Lantern to what you borrowed less what you have paid so far. You also want Bamboo and Lantern to remove the defaults from your credit record. But you only complain to Bamboo – they have to sort things out with Lantern.
Sam says
Thanks Sara,
Is it normal what they’ve done?
I borrowed £1500, made about 6 months worth of payments before I entered a DMP. They then sold the debt to Lantern with a balance of £4000.
It seems scandalous that they can do this
Sara (Debt Camel) says
did they stop adding more interest and charges when you went into the DMP?
Sam says
I don’t think so no
It seems like they added all the interest on at the very start of the loan. The default was for the amount borrowed plus all the interest for the full 4 year term despite it defaulting about 6 months in and going to Stepchange. They then sold the default balance to Lantern.
Sara (Debt Camel) says
Yes this is what normally happens with a loan in a DMP. If you win your affordability complaint, all the interest is removed.
Nes says
Hi Sara,
I complained about likely loans in 2020 they rejected my claim but the FOS reviewed and upheld my complaint.
Likely loans were instructed to remove all negative information. Just recently i have looked at my credit file in more detail and likely loans have put a marker of payment arrangement for 3 consecutive months. My understanding is that payments arrangements on an account are viewed as a negative. So this goes against the FOS ruling. Are you able to advise further please if i am correct in assuming this is a negative and then if i have a case to go back to Likey loans?
Thanks
Sara (Debt Camel) says
Yea, I suggest you ask LL to remove it no put in a new complaint if they refuse.
Ben says
Hi
I have been waiting the site for a while and used the advise to make a number of successful claims but recently my luck seems to have run out and while I have escalated a number of issues to the Ombudsman they were not upheld, the most recent are,
1. Avantcredit – initial affordability complaint rejected, and reviewed by the adjudicator in Nov 21 and rejected saying it was affordable. Still awaiting ombudsman decision, but I have been told the ombudsman is may reject this as its over 6 years.
2. JD Williams – Initial complaint rejected, and the adjudicators initially upheld my complaint but the calculations arrived at were no redress and the default would remain on my file until the balance was clear. Naturally I rejected this and the Omdudsman has ruling in my favour with different criteria so awaiting details of the actual redress but not expecting much
3. Vanquis – Initial complain rejected, adjudicator rejected and ombudsman rejected. All on the grounds of being out of time
4. Natwest – Initial complaint rejected as out of time, raised to the ombudsman and awaiting adjudication
Any suggestions on what to do about Avancredit and Vanquis if these are rejected?
Ben
Sara (Debt Camel) says
If FOS complaint is rejected by an Ombudsman then your only further option is to take the lender to court, realistically you should talk to a solicitor before deciding to do that.
Laura says
I am feeling that i have messed up completely with a complaint.
I had so much trouble with Car Cash Point threatening to repossess my car. I had letters upon letters complaining to them about how they were dealing with me and the mental torture they were putting me through and how their behaviour was threatening etc. The last letter i sent them last year was about the way they were not allowing me to deal with the matter in a proper way etc and asked them for all SAR details and told them i would be complaining to the Ombudsman about how they were dealing with me. Subsequently they never sent any SAR details and we came to an agreement wherein i had to borrow 1800 to settle the agreement. All in all i paid back around £5800 for a loan of £2000.
Laura says
I yesterday put in affordability letter using the template and asking for my SAR details and explaining this loan should never have been granted to me and that if proper checks etc were made they would not have given me the loan due to gambling transactions etc.
They have responded this morning with my SAR details and said we dealt with your affordability complaint in January 2021.
I responded stating they did not respond to my affordibility complaint or irresponsible lending as this is technically the first complaint i have made re same. I stated that the complaint i made then was in relation to the pressure they were putting me under and trying to settle the loan and the agreement we reached at that time was to settle the loan. I explained this was the only response ever reached with them and they did not ever address my affordability and irresponsible lending complaints as i never technically made that complaint.
I could cry now as i feel i have completely messed up and not sure what to do now.
Can anyone help?
Sara (Debt Camel) says
If you did not make this complaint then, you are entitled to make it now. Ask them if if they would like to respond now or would they prefer you to go straight to the Ombudsman.
Laura says
There are so many issues with it now. Not sure how it will go. When I looked at one part of my letter I actually did refer to affordability ( my main complaint was around how they were treating me and demanding 2000 in a day etc). Essentially they came back to me at that time via email offering settlement of 1800 which I took. I took the complaint re how they treated me no further. I have copies of all correspondence at that time as everything was via email. I constantly checked it maybe every 15 mins around that time as it was so stressful.
Laura says
When I sent letter in now complaining they essentially said we already replied to this but didn’t send SAR details but we attach them now. I explained I never actually made a formal affordability complaint ( on reading the wording I did include those words) but stated that you never actually replied. They have attached a letter replying to an affordability complaint in full which I can state I have never seen before and can confirm 100% they did NOT ever send. Firstly all correspondence they sent via email even if it was attached letters. I have everything except this one as they did not send it. I am absolutely flabbergasted.
I cannot believe they are passing off a full and final reply with a date on it from January 2021. I remember this period so vividly and knew every piece of correspondence, email or attached letters I received and this was not one of them. Further to that they had emailed 3 days before this supposed letter offering settlement of 1800 yet this letter makes it out like we now offer you 1800 to settle. Is there anything I can do about this? I could cry I am that frustrated. I have told them I dispute the letter ever being sent and that I have asked the ombudsman to investigate. They have ignored me.
Sara (Debt Camel) says
If you did make an affordability complaint before, this is obviously a lot more difficult.
But send your complaint to the Ombudsman and ask them to look at it.
Laura says
Thanks Sarah. Would it be something seen before that a company sends a reply maintaining they dealt with something at the time when in fact it never existed and is now being fabricated ?
Sara (Debt Camel) says
It isn’t something that I can remember.
Laura says
Thanks Sara. I added a part about affordability into one of the letters but they came to agreement with me to pay and so never actually responded to me in relation to any complaints I had. The initial email has came back from ombudsman’s office now to give me a reference number and told me it be passed to an adjudicator
Does this mean they have decided they can investigate or if it was time barred would they have told me that now? I definitely did not get a response from car cash point and when queried with them they conveniently say they posted this letter to me. Despite never posting anything and responding to everything else via email. The response makes no sense either as they look as if they are offering me to settle when it was already made via another email. Surely I cannot be time barred if I never received a response.
Sara (Debt Camel) says
I am sympathetic to the points you make but really I can’t guess what is going to happen in this case.
Natalie says
Hi Sara, me again! Been waiting for something to come back from the FOS regarding complaint with MoneyWay. Had this today… (shortened as too long)
The car finance was taken out in 2015 which is more than six years ago so I need to establish when Miss Smyth was aware or ought reasonably to have been aware of cause for complaint.
It’s worth pointing out that a consumer doesn’t need to know for sure they have cause for
complaint just that something may have gone wrong.
Miss Smyth has argued that she became aware that she had grounds for complaint when she was reading a forum in 2022 and she raised her complaint shortly after this.
However, I think she ought reasonably to have been aware earlier than this. I think it would
have been apparent that there may have been a problem with the car finance shortly after it was sold. Miss Smyth likely would have struggled to pay her monthly repayments and I think she would have been aware that there was a problem with the finance.
Based on this I think that the six-year part of the rule would apply as this would have given Miss Smyth longer to complain – until 2021.
If you decide that you don’t accept what I’ve said, then please let me know by 12 July 2022. If I can’t resolve things then an ombudsman here can look at everything again and make a decision. If I don’t hear from you by that date we might not be able to look at your complaint again.
I have already sent a reply (below), but do you think this is just dead in the water now?
I do not agree with your decision.
Thinking there is a ‘problem with the finance’, is not the same thing as thinking it is unaffordable, or that I’d have grounds to complain about it. I didn’t think anything had ‘gone wrong’, I just knew I was paying a high interest loan.
I was not aware until very recently that you could even complain about such a thing full stop, let alone years after you have had the finance accepted and repayments made.
The car was used for me to be able to commute to my job, it was even left out of my StepChange consolidated repayment because I knew the car would be taken away from me if they were to receive a lesser payment. Therefore I scraped the £300 monthly repayment together, despite being in financial difficulty.
Sara (Debt Camel) says
That looks a good reply. Tell the adjudicator that if they don’t change their mind, you would like the complaint to go to an Ombudsman.
Natalie says
She replied to me this morning with the below, is there something else I should say for the ombudsman to read? I have until the 13th July to submit anything further… feel like banging my head against a wall. How can I counter what she’s said about complaining when the payments became unaffordable? I don’t understand her point of view really, yes they became unaffordable – but that didn’t make me think I could complain?! Only that I couldn’t keep up the payments (I actually did pay every payment until the VT anyway)!! Perhaps I need to say that actually. I never defaulted this loan, just did a VT as I was over the 50% amount.
Thank you for your email. I understand my assessment is disappointing, but I have to be objective and look at when it would have reasonable for you to know you had cause for complaint. As explained in my assessment, I think that would have been when you struggled making the monthly repayments.
An ombudsman will review this complaint
Sara (Debt Camel) says
Try this – do make sure it is all exactly right for your case:
I have read the 2 key Ombudsman decisions about payday loans https://www.financial-ombudsman.org.uk/files/17783/payday-loans_time-limts_final-decision-lender-C.pdf and https://www.financial-ombudsman.org.uk/files/17784/payday-loans_time-limits_final-decision-lender-D.pdf. It seems to me that the approach used there is directly applicable to my situation.
One says “Mr H would also have been aware, or ought reasonably to have been aware, that he was paying an increasing amount of interest the more loans he took out. So I think that Mr H also ought reasonably to have been aware that he may have suffered a loss, or that he was suffering a loss as he was taking out these loans. But I wasn’t persuaded that Mr H realised that Lender C might’ve been responsible for his repayment problems – nor did I think that Mr H ought reasonably to have made that connection either. In my view, Mr H would, quite reasonably, have seen Lender C’s offer of further loan as a solution to his problem, rather than a cause of it.”
The other said:
“Mrs W appears to be an intelligent and articulate individual who is capable of using the internet to access information. But I do not think it necessarily follows that a reasonable person in those circumstances, who became aware of affordability problems with her loan and who understood that she had suffered loss as a result, would also become aware that her difficulties could be due to failings on the part of the lender. In my view, a reasonable person in Mrs W’s circumstances would be more likely to take personal responsibility for the difficulties she faced.
I am satisfied that a reasonable person in Mrs W’s position could not reasonably be expected to have understood from her contract with LENDER D that the lender had an obligation to check that her loan was affordable before agreeing to provide it to her.”
Like Mr H and Mrs W, I realised that I was paying a lot to Moneyway and that this was causing me a lot of problems. However I thought this was my fault for not being better with money – I didn’t realise Moneyway should have checked that the repayments would be affordable for me, so I didn’t see Moneyway as the cause of my problem and so I did not realise I had a cause to complain about them. As soon as I found out about affordability complaints, I made one.
Natalie says
Thank you very much for that info.
I sent it the other day, pretty accurate for my situation despite them being payday loan cases.
I got this back:
‘Thank you for your email. I have added these on to your complaint for the ombudsman to review.
It is worth pointing out that the two decisions raised are payday loans and I think the circumstances differ to the ones in your complaint. However the ombudsman may have a different view and will address this in their final decision.’
Just wanted to ask you whether it’s worth me saying anything else (like regardless of the fact they’re payday loans, the 3 year clause is relevant in all irresponsible lending/affordability complaints).
What do you think?
Sara (Debt Camel) says
well you could reply that you can’t see that the fact they were payday loans makes a significant difference and the three year clause applies to all types of complaints.
Maria says
Hi Sara
I took out a loan with 118money about 3 years ago which has now been paid off finally. The loan was for £3300 and in total I had to pay off £6700 over 2 years.
It was a horrible 3 years and I had other payday loans on top of this.
Even though I have paid my 118 loan off, could I still complain about this and ask for some sort of refund? I feel that the interest was so high and they shouldn’t have given me the loan in the first place.
Thank you,
Sara (Debt Camel) says
yes you can!
And also make complaint against the payday lenders if the loans were large or you used the same lender several times.
Lou7 says
Hi all,
I need some advice as I am starting to panic. I had a loan with likely loans and I put it into my dmp. I made a complaint to them and they took some money off the balance. Then they sold the debt to Lowell. But this week I had a letter off Lowell saying that the debt is being given back to likely loans with immediate effect. When I check my likely loans account it says I am paid up with -£77 on the screen. Don’t know what is going on and had messaged likely loans but got no reply. Any information would be greatly appreciated.
Sara (Debt Camel) says
how much did you borrow?
when you made a complaint, at that point, how much had you paid to the loan? how much did they take off the balance?
Lou7 says
Hi Sara
I borrowed £2000. Paid a few months and then put it in my dmp. When I made the complaint I had paid about £800 and they took about £500 off the balance.
Sara (Debt Camel) says
well that was a very poor offer – they should have removed all the interest from the account. I suppose it is possible they are trying to correct some of their previous poor offers, but that is me guessing and you cannot assume this is correct.
How much has been paid to LL or Lowell from your DMP since then?
In any case, this is no reason to panic. So your DMP may have to start paying LL instead of Lowell – no big deal.
Lou7 says
Thanks Sara.
Mary says
Hi Sara
I made a complaint about irresponsible lending to Loans 2 go about a year ago, as I had a large loan with them and the interest rate was very high, I couldn’t afford to keep making the payments. After I sent in the complaint email, they agreed to wipe out the loan for me and nothing more. I accepted this offer and I do not owe them anything anymore.
Would I still be able to put in second affordability complaint and ask for some redress? Looking back at my loans I had taken out so many with loans 2 go, I have wrongly paid in excess of £10,000 altogether as the interest rates were so high for each loan. For example, I took out a loan of £2,000 and had to pay £7, 200 in total. It’s beyond insane now that I’m looking back, and can’t believe I didn’t ask for some kind of compensation before.
Just wondering if this was at all possible and if I did, what are the chances I could obtain some kind of redress?
Many thanks!
Sara (Debt Camel) says
did you just complain about that one loan? or did you say all the loans had been unaffordable?
Mary says
I just complained about that one loan which was the most current one!
Thanks
Sara (Debt Camel) says
Did their reply refer to any of the previous loans at all?
And how far back do the previous loans go?
Mary says
In their final response letter, they did refer to my previous loans (I’m not sure why as my initial complaint was only about the most current one).
They said having reviewed everything and as a gesture of goodwill, they will write off my outstanding current loan. I accepted this offer as it was a substantial amount outstanding (circa £2,900).
I guess now I’m wondering if I can bring a claim for compensation for the others…
Many thanks!
Also, the loans go back to 2018 (6 loans in total).
Sara (Debt Camel) says
Well you can send them a new complaint. Emphasise that before you only complained about your current loan.
They may well reject this, saying they reviewed all your loans and you should have gone to the ombudsman then if you were unhappy with their offer.
I don’t know what the ombudsman would decide in this situation, but it’s worth sending the complaint to them if L2G does reject it, as I expect they will.
karol says
Hi Sara,
I have made unaffordability complain to my 118 118 loan and it was upheld yesterday, stating below.
Considering the loan was for £1,500, repayable over 24 months with repayments of £119.81 monthly, I think the checks 118 118 Money carried out were proportionate. The detailed credit check showed no defaults had been applied in the last 12 months. No pay day loans had been taken out in the last six months. And all off your active accounts were up to date. No missed or late payments had been reported to your credit file. There was a county court judgement showing on the credit check, it showed the following: the county court judgement was applied on 1 August 2017, so this was three years before you took out the loan. But the credit check demonstrated a change in circumstances. This is because the credit check showed you were managing your existing commitments really well. So there was nothing concerning here.
I have basically disagreed with the decision and I have asked Ombudsman to make a final decision on my complaint but wonder if the above can play against me, I don’t understand how CCJ on my file might have not been an issue, there’s also issue with the rent amount which was wrong and I have asked them why this was not checked by 118. Would you advise what else I could put in my case in order to be successful?
Sara (Debt Camel) says
The detailed credit check showed no defaults had been applied in the last 12 months. No pay day loans had been taken out in the last six months. And all off your active accounts were up to date.
is that all correct?
What else had happened in the last 12 months – had you taken out other new credit? had balance on your credit cards or overdraft increased>
karol says
I had CCJ in place and still present – he said it ok as all off your active accounts were up to date. No missed or late payments had been reported to your credit file. Cos of that CCJ I am unable to obtain loans now, yet back in 2020 was ok????
My rent amount was wrong on the application – I have mentioned that in the response email. I said that 118 should check as no one pays so less in London.
No other bills ware taken for consideration – gas, electricity, food and the fact that I was behind with rent and other bills.
I was trying to keep the minimum payments for credit cards but each month the amount was higher.
The way how investigator responded to me was bit odd, he also send email by mistake to me but it was addressed to someone at 118 and apologised.
I am disappointed
karol says
I have 11 credit cards atm.
I am struggling to pay anything and had payment holidays from aqua,marbes and 118 – I have now defaulted on repaying the 118 loan.
I have outstanding bills for : gas and electricity my rent is in arrears and same with water. This is all in the last year or so, could I add this to my case now?
Sara (Debt Camel) says
so you have stopped making payments to the credit cards? Have you spoken to a debt adviser? with priority debts it is unlikely that this 118 complaint is your biggest probelm at the moment. I suggest you phone National Debtline on 0808 808 4000.
But my question was not what your current situation is, but how your situation had changed in the 12 months before applying to 118 money. During that time did you open new credit accounts? or have balances increased on your other accounts?
karol says
Hi Sara,
I have asked the investigator to pass my case to an Ombudsman to review. Is there anything that I should be aware regarding Ombudsman in terms if he decides the same as the investigator? Is there any potential risk after the case is reviewed by Ombudsman?
Sara (Debt Camel) says
my suggestions are as before :
– please talk to a debt adviser now about your full situation. This will not stop you carrying on with this FOS complaint but you need help with those priority debts
– you need to explaint to FOS what had happened in the 12 months before applying to 118 money. During that time did you open new credit accounts? or have balances increased on your other accounts?
The only risk is that the Ombudsman will agree with the adjudicator and you do not win this case.
Jo says
Has any one every dealt in a claim with everyday loans I’ve had four loans never cleared on with top up every time and the loans getting bigger
Sara (Debt Camel) says
Lots of cases have been won against them and if your loans got bigger each time, that sounds like a solid case.
Jo says
Currently still owe them 2750 off a 3500 loan how long do they have to responded if I make a claim
Sara (Debt Camel) says
8 weeks.
Are the repayments affordable at the moment?
Jo says
No I’m currently in a set off with amigo and just won cases with lending stream quick quid and provident
Sara (Debt Camel) says
then if the EL repayments aren’t affordable, ask them for a payment arrangement. These cases can take a while to go through at the Ombudsman.
Dave L says
Anyone else had issues with Newday after months of stalling and being awkward. Ombudsman finally found in my favour for unaffordable and likely to be over £10000 coming back to me from credit cards and loans with them.
First of all they took a while to acknowledge the ombudsman decision. Then claimed they had to have the ombudsman advise them I had accepted the decision rather than me. So adjudicator has now advised them, they seem to think this gives them another 28 days rather than the 28 days from when they were informed of the ombudsman’s decision.
Contacting them in February I complained further that they had sold off my loan to asset link capital in contravention of the standards for lending. They refused to accept a complaint or investigate it, refused to accept it as their responsibility as the loan had been sold off.
Now they are claiming they have to wait for the balances to be updated to them from asset link capital for the loan before they calculate how much money I’m owed. Seeing as I got the figures within half an hour, the whole company seems like a badly run joke, who will do anything to avoid or delay paying a settlement
James says
Hi, I made a complaint against NatWest loans in October 2014 and July 2015. They were unaffordable but I didn’t complain with in the 6 year window. Does any one have any recommendations?
Sara (Debt Camel) says
what date did you make the complaint to NatWest?
and when did you get the reply from NatWest? And when did you send it to the Ombudsman?
James says
complaint September 2021
October/November 21 – NatWest
October/ November 21 – FOS
May 22- adjudicator
July 22 -Ombudsman
Sara (Debt Camel) says
ok, I thought you were saying you complained in 2014/15.
I am sorry you didn’t ask for help with this earlier, but as you now have a Final Decision from an Ombudsman there is no practical way to do any more. Your only option would be to take NatWest to court, I do not know of anyone that has won a court case in this situation and I suggest you would need professional advice from a solicitor if you want to try it.
James says
Hi, I made a complaint against NatWest regarding an unaffordable overdraft. The ombudsmun adjudicator has upheld my complaint and said they need to return overdraft fees from June 2016. I still have a 12k overdraft. He said 8% will only be applied to any refund due to you after any debt with NatWest is repaid first with the refund of interest and charges.
Is this standard?
Sara (Debt Camel) says
yes that is normal.
gary says
Had debts on dmp and paying them, but had upheld complaint go through with fos, there was a outstanding balance to debt collectors after interest taken off, can debt collectors actually doing anything legal I.e default ccj. If I stopped paying them, as I shouldn’t had the loan in first place
Sara (Debt Camel) says
The remaining balance is a legal debt and they could in theory go to court for a CCJ if you stop paying. I suggest you just leave it in your DMP.
Michael says
Hi Sara,
I have recently opened a complaint with the ombudsman against Natwest.
In March 2022 Natwest rejected it
In May 2022 i sent it to the FoS and it is still awaiting assignment.
The complaint is against Natwest for a loan of £12,000 given in August of 2019
As well as an Overdraft facility which was increased from 2500 up to now £10k – the last of which was increased from 5k to 10k in the same month of august 2019
I have had a huge history of gambling transactions on my accounts for many years now. I had an Amigo loan of £10k from July 2018 (deemed unaffordable and refunded in 2020) as well old payday loans from years ago, all of this is historically visible on my Natwest accounts, as well as multiple loans from friends and family.
In 2019 i used a facility called GAMBAN to block all gambling from my accounts – it worked for a while but it only stopped one form of gambling (online)- i was still losing money in casinos and bookmakers and even started using a friends card to deposit and play online (with his permission – not that this is any excuse)
Michael says
Anyway, getting to the point – in anticipation of proving that i had a very serious gambling problem to the FoS, can accounts and statements from other bank accounts be considered and also the account in my friends name? – he is willing to get me the statements if they will help.
E.g i would have his card details saved on the account i played on and have his CVV card number memorised – i’d send £500 to his bank account and deposit to the site with his card information – when looking at the statements it simply shows as an outgoing transfer.
E.g.2 Depositing with my Revolut account – most of the gambling transactions i used this bank account which Natwest wouldn’t have direct sight of, but they would see £1,000’s of pounds being transferred to this account in very short periods of time (gambling sessions)
There are some Casino transactions visible and i have been up to and at my maximum overdraft limit since its inception as well as a marked defaulted on my loan also NatWest CC at the time.
Just wondering what you think my chances of success are? i am asking for interest and charges to be refunded plus 8% on your recommendation.
Thanks in Advance
Sara (Debt Camel) says
You can supply any information you want to FOS, but realistically they are not likely to take any notice of a bank statement that is not in your name – there is no way NatWest could have seen it.
But I am not sure this matters to your case. You are complaining about your overdraft limit going back years, which will have included periods where gambling transactions were showing? And then they should have known that information when it came to the loan application. Also large cash transfers after a p[eriod where you were had a lot of gambling showing whould have been a warning sign that all was not right.
I hope you have now managed to really stop? Your “friend” – it is a great shame that he did not act like a real friend and say No to you.
Michael says
Yeah, it’s bitter sweet with that friend.
I don’t talk to him anymore.
Gambling transactions going back years.
Monthly statements often showing £20-£30k in transactions despite only earning £3k per month after tax.
All things I hope the FoS will consider, I guess I just have a fear that they could shrug off my complaint.
I’ve paid well over £15k in fees and interest on my overdraft, the loan however I’m sure will still have a balance left to pay.
They can see on my credit report that at the end of every month for 4 years I was at maximum spend of my overdraft.
Also hoping the fact I had an amigo loan deemed unaffordable at roughly the same time will be an advantage for me.
Still not expecting to have my case picked up for a few more months yet which sucks £240 a month in overdraft interest is incredible expensive for me right now
James says
Does anyone have any data on NatWest. So they follow the adjudicator when it comes to irresponsible lending with overdrafts or do they send it to the ombudsman for a final decision?
Ernest says
Good evening ..pls is that anyone have any idea how long the car finance irresponsible lending complain take before investigator pickup your complaint ?
Jo says
Has anyone had a claim from everyday loans if so how long did it take them to respond with an outcome xx
Sara (Debt Camel) says
Lots of people! They often make poor decisions even on good cases so send it to the Ombudsman if they reject your complaint.
Jo says
Oh I will thank you xx
Mike says
Hi I just wondered what was a normal timescale from when the adjudicator picks up your complaint to a decision. My Moneybarn complaint was picked and assigned an adjudicator at the FO in February 2022. I sent in a lot of evidence months ago including information from a Moneybarn SAR request, bank statements etc and the adjudicator has confirmed they have the Moneybarn business file 6/7 weeks ago. Its been over 5 months now since it was picked up and I cant understand the delay as they have all the information. I did send a gentle reminder about a month ago to the adjudicator asking if they needed any more but was told they have everything and will be in touch soon. I just wondered if this was normal as they have had all the information from both parties for a good while now or if I should contact them again. Any help would be appreciated
Sara (Debt Camel) says
I suggest you contact them again.
Jax says
Just out of interest, was there a lot of gambling on your bank statements? Apparently all cases involving gambling need to be checked by another department before they can be sent out.
Mike says
Ok will do. Its just difficult to know what to say as when I’ve done that previously I get a ‘I’ll provide you with an update soon’ response. I didn’t know whether it would be be better to call as oppose to email?
Sara (Debt Camel) says
I would phone.
Ernest says
Pls when do you submit your complain till when the Adjudicator pick up your file pls?
Sandra says
Hello, I had an agreement with Advantage finance and it went belly up due to health problems but struggled through, kept every email, scanned every document and eventually nearly a year later than expected i paid the final original balance of loan. Credit file updated in February as paid in full settled happy days. Mind you i still had arrears of charges but this does not affect your credit file I have 200 left to pay now a £100 for next two months.
This afternoon credit karma pinged there is something new on your file. :(. Advantage has reinstall my file for a balance of £8. Emailed them told it was part of original loan. Sent a statement it only shows £200. I told them I have written confirmation what the balance was to close account etc etc they wanted proof. Told them to check my file as it was them that sent it. Refused to close my account again said £8 was part of original loan. I advised i wanted it to go to their complaints dept or I could got straight to FOS or fca. Reply was if you pay £50 by the end of the week we will close your account and write of the rest of the fees. Said no thank you and while you are compiling my complaint add in affordability to it and my account will now be frozen until complaint is sorted and I have an agreement in writing to pay the £200 so they should not be able to default it.
What a cheek.
Martyn says
Hi Sara could you advise I am die refund from a loan company having won at the fos.
They said the payment was due with two weeks I contacted them today as it’s two weeks now and they say they sent it on the 13th.
What do I do go back to the fos.
Regards
M
Sara (Debt Camel) says
Have you checked they sent it to the right bank account? Explain that it hasn’t arrived.
Deeanne says
Hi
I have a car through Advantage Finance and the interest is more than the car is worth.! I even paid a £1000 deposit and its still costing me £18k I have managed to keep up my payments to date for nearly 2 years as I desparately need the car. Its costing me £353 pcm.
I have terrible credit so cannot go anywhere else.
I also have Tappily and 118 118 loan and credit card. I feel like I am robbing Peter to pay Paul.
I am happy to argue affordability as I have other credit cards etc but I dont want to lose my car.
Do I just keep making repayments whilst challenging them?
I am going to offer the credit cards etc a token payment as my work prevents me from doing a DRO or similar
Sara (Debt Camel) says
How much did you borrow – not the added interest, the amount you borrowed, so the car price less your deposit?
How much have you paid to the finance so far?
Have you made affordability complaints to 118? Use the template in the article above.
Also to Tappily – use the payday loan template here https://debtcamel.co.uk/payday-loan-refunds/
The credit card is this a new card? or has the credit limit been increased?
Deeanne says
Hi Sarah
The car was £11,995 which was overpriced.
I had an advance payment of £10,995
Then there was an option fee £200; Acceptance fee £325 & HP £7697. Total £19217
Direct Debit is £316.95
The balance is currently £13195.
I will use the affordability link suggested for 118 and Tappily
I was struggling through lockdown with depression and my disability and my partner lost his job so it’s only my income
I did what I always do and applied for credit
I was given a Vanquis; Capital One; Aqua; 118 and Zopa credit card within a few months of each other.
I have never had good credit as battle with compulsive spending
Vanquis increased my limit by a £1100 approx 12 mths ago
Sara (Debt Camel) says
so have you paid 19217-13195 = 6022 so far?
It would be safer if you actually add up the total of the payment you have made to be sure rather than trying to guess what this may be.
I suggest you should aslo be make an affordability complaint against Vanquis. And also Aqua , Capial One and Zopa unless they only gave you small limits. See https://debtcamel.co.uk/refunds-catalogue-credit-card/ for complaints about credit cards.
Deeanne says
Hi Sarah
Yes £6022 to date.
I will do as you suggest with the credit cards thank you
Sara (Debt Camel) says
ok so you have paid less than the amount you borrowed on the finance (ignoring the interest and charges they added)
The situation here is that if you make an affordability complaint and win it, it is very likely that the Ombudsman would say that:
1) the finance is ended and you have to return the car
2) the deposit you paid is refunded
3) you also get a refund of the payments you have made LESS a per month charge for “fair usage” This “fair usage” charge is normally quite a bit less than the monthly charge but it is set by FOS and depends on a lot of factor so I can’t geuess what it would be.
Once you have paid the full price of the car from your deposit plus the monthly payments – it sounds as though that will be in 14 months time – then if you win a complaint this is what would happen:
1) the finance is ended and you get to keep the car
2) you have a refund of any payment you have made in excess of what you borrowed.
So the question is, can you struggle on for another year? Then if you complain, by the time it goes to the ombudsman you would be over the 14 month period.
If this sounds hard – and remember energy bills are going up in October a lot – then you have to stop robbing Peter to Pay Paul by offering ALL your other loans and cards a token £1 a month. See https://debtcamel.co.uk/token-payment-debt/. tell them you have a priority debt – car finance – which you are struggling to afford. I say offer, but really you are telling the creditors what you can afford and ask them to freeze interest. So you should cancel direct debits and phone you bank to cancel any Continuous Payment Authorities.
If you are unsure about this, talk to National Debtline on 0808 808 4000. This will harm your credit record but it is already very bad, so that probably doesn’t matter much.
If you don’t think you can carry on with the car finance even if you only make token payments to all the non priority debts, then you MUST talk to National Debtline asap to go through your options.
You can still go ahead with affordability complaints when you are making token payments.
Deeanne says
Thank you Sarah
I will continue making the car payments as suggested.
I have cancelled my direct debits and will contact the creditors to make token payments.
I will also raise affordability complaints to Tappily, 118 and Vanquis etc
I truly appreciate your advice
Deeanne says
Hi Sara
A quick update so far:
Vanquis did not uphold the complaint so I have escalated this to the ombudsman.
118 are still investigatng both complaints re the C/C and loan but in the mean time have text, emailed and called me everyday demanding payment for arrears. They also took £124 from my card today despite me requesting them to stop all payments – I have called my bank but they said there are no direct debit or continuous p/m authorities set up. I have now had to cancel my debit card just in case and have sent a further complaint to 118.
I am also awaiting a response from Tappily and Aqua
Sara (Debt Camel) says
You need to send a complaint to your bank – 118 cannot take money from your account unless there is either a DD or CPA set up.
Deeanne says
I will contact the bank again tomorrow to find out how they managed to take my money
The bank tried to say they could not see the transaction pending when it clearly showed on the app and I had a text from 118 stating they took it (all pleased with themselves!)
Deeanne says
Hi Sara
I rec a response from the ombudsman confirming that my complaint with Vanquis has now been upheld. They have confirmed that because I escalated it to them Vanquis reviewed their initial decision and agreed to irresponsible lending. I am so chuffed with this outcome!
Vanquis has agreed to remove all interest and charges on any balances over £500 from the date of the increase (May 2021) They have also agreed to remediate my credit file of any adverse information.
There are no stipulated amounts but I am hoping any reimbursement will clear my o/s balance in full (£1744.92). Is there a way of calculating this?
Really appreciate your advice and template letters .
Still waiting to hear back from Tappily (who have gone strangely quiet on me and made no attempt to contact me for payment since July) and 118 (who contact me daily; send me emails offering debt advice and random texts stating they will pay half my monthly payment etc!!
Sara (Debt Camel) says
Well you can add up the interest you have paid since then from your statements – but they are not refunding ALL of this, only the amount over £500.
So you have complained to Tappily & 118 and don’t yet have a final response from them?
Deeanne says
Yes that’s correct.
I believe they have till the end of next week to respond
And thank you
I will go back through my statements to get a rough estimate
Ernest says
Good evening Sara ..pls do you have any idea how long the car finance irresponsible lending complain take before investigator pickup your complaint ?
Sara (Debt Camel) says
Sorry no.
Maria says
Good morning
The ombudsman has upheld my complaint against Avant Credit and told them to contact me direct. Does anyone else have a complaint upheld against them and how long did they have to wait for a response
Kieran says
Thanks for the information Sara. Everyday loans have agreed with my complaint and refunding my repayments over the original loan amount with interest. For anyone thinking of doing this I found the process very easy and straightforward. It’s taken 7 weeks and the payment should be sent to me in 2 weeks time.
Jo says
I’m waiting on everyday loans checking my claim been 3 weeks now and heard nothing, although I’ve heard they can be very hard to get a claim from xx
Sara (Debt Camel) says
They accept some complaints but reject other good ones – if you know their loan caused your hardship, send your complaint to the Ombudsman if EL rejects it.
Jo says
I am planning to I’ve had four loans they seen I was in a payment plan with provident paying them 5pound a week of a 4589 loan there was lots of other things on my banks statement including overdrawn bank charges can I email them with this or will they see it xx
Sara (Debt Camel) says
It is a good idea to send EL your bank statements – 3 months before the loan they gave you and 3 months afterwards.
Jo says
Mmmm I might just do that Ty very much xx
Lucie says
Hi Sara,
I’ve logged affordability complaints with moneyboat over the weekend and this is the reply I’ve received from them
Dear Lucie ,
I am writing in response to the complaint you raised. Please accept this email as an acknowledgement of your complaint.
In the event of an affordability/irresponsible lending complaint, could you please provide us with copies of your bank statements applicable at the time of your applications, so that we may carry out a full and comprehensive review of your complaint.
Should it transpire that information provided by you at the time of application was false or misleading, we may register this attempt to gain redress falsely as a first party fraud with fraud prevention agencies. Any fraud marker may affect your ability to obtain credit with banks and other lenders in the future.
We will write to you in due course, once we have completed our investigation; please find our complaints procedure outlined below, which advises you of the manner your complaint will be handled:
Now I can’t remember what I put on my application- should I be concerned by their reply? Thanks
Sara (Debt Camel) says
They say this to EVERYONE. They are just hoping to put you off.
No one has reported having any problems when they send a case to the Ombudsman. They seem to be just making empty threats.
Lucie says
Good, I was a bit worried! so just send in a copy of bank statements for the month that I took the loans out then?
Sara (Debt Camel) says
I would send the bank statements for the 3 months before your application and the 3 months afterwards.
Kieran says
I’ve had a response back from 118 about two agreements I’ve had in the past. They have not upheld the complaint on the first (and seem to be implying wrongfully that I might have acted fraudulently when answering questions) but have upheld the second. Unfortunately I sent both complaints in the same email and they have stated…
Please note that the above refunds are being offered in full and final settlement of the whole complaint.
Does that mean if I agree to the settlement of the second I essentially waiver my right to go to the ombudsman for the complaint they have rejected? Seems unfair if so.
Also I’m sure I haven’t but the use of fraudulent in their response has put me off referring to the ombudsman, would there potentially be any personal repercussions of me referring my complaint to the ombudsman?
Sara (Debt Camel) says
yes, you have to choose to send the whole complaint to the Ombudsman. How large were each of the loans? Did the second loan settle the first loan or were they both repaid in full?
Several lenders routinely tell people they may have committed fraud which may be reported – no one has ever had a problem if they have ignored this and sent the case to the Ombudsman. The lender just do this try to get people to drop cases.
Kieran says
Thanks, reassuring about the use of their language it seems fairly aggressive so I could see it putting people off.
Agreement 1 – £1000
Agreement 2 – £1880.83 this settled the loan of agreement 1 with balance of 880.83. I had made £561.82 of payments including interest to agreement 1 so in total paid £1442.65
Sara (Debt Camel) says
so you paid £442 in interest to the first loan.
What have they offered for the second loan?
Kieran says
£301 + 124 in interest and to be honest the second loan was settled fairly quickly so I didn’t pay too much interest on that.
Actually typing this out sounds like maybe I should settle. The loans were from 2016 and my circumstances (read debt!) Has changed a lot since then.
Jax says
My complaint against Hitachi has been upheld by the adjudicator at FOS. I’m delighted with this. Was definitely my strongest case. If Hitachi agree with their findings I will be debt free once they apply the redress. I still have a couple of complaints to make which would clean up my credit file too. Thank you Sara for everything you do.
Maria says
My complaint against Avant Credit was upheld by the Ombudsman a week ago and they have said Avant Credit will contact me direct. Does anyone know how long before Avant Credit usually response. I have also complained to Safety Net but have not had a response yet it has been 3 weeks.
jason hunter says
Avant credit upheld my complaint but still waiting on the redress I’ve emailed them since but with no response, it’s been 4 weeks now.
Maria says
Hi Sara
The Ombudsman upheld my complaint 4 weeks ago but Avant credit still haven’t contacted to me I have emailed them twice now. Do you have a number I could phone as I cannot locate one on their website
Sam says
Just an update….
Bamboo have upheld my complaint. All interest being refunded, credit file being amended. Really expected to have to go to the ombudsman so great news!!
Chris says
Hi
Can I ask how long it took bamboo to reply ?
Thanks
Dan says
I would like some advice in relation to a complaint I put in about Avant credit which an adjudicator has today advised that they cannot uphold. Their response I find confusing as they agree that Avant should have carried out further checks but cannot uphold.
They believe that Avant should have built a detailed picture of my financial situation by asking for payslips banks statements as they note that after been provided with the credit checks done by Avant it shows that at the time of lending I was over my limit on all 3 of my credit cards, and had also taken out around 4 new short term lending accounts during the 6 months prior to my request to Avant Credit for a the loan of £6,000. This should’ve prompted Avant Credit to carry out further checks to see whether the loan was affordable. They state they don’t believe Avant Credit carried out proportionate checks.
I’m confused as to why this hasn’t been upheld and why they also state in their response that they have asked for my bank statements, which having gone through all their correspondence is incorrect and they haven’t asked for this.
Would you take this further?
Thanks
Sara (Debt Camel) says
So they didn’t ask you for bank statements? I suggets you reply saying this and attaching your bank statements and asking them to look at the case again.
Dan says
Hi Sara, that’s right, there has been no request for bank statements and only today have they been mentioned. I have responded and made them aware that these weren’t requested.
I must admit, seeing the statements and the amount I was spending on online gambling has made me so ashamed :(
Sara (Debt Camel) says
It is a shame you didn’t send the statements to FOS at the beginning. But send them now.
To win a FOS complaint the adjduicator normally needs to decide on 2 things
– did the lender make adequate checks – they have decided No
– would proper checks have shown the loan was unaffordable – without your bank statements the adjudicator is not sure about that.
Soph says
Has anyone made a complaint to Blackhorse regarding unaffordable car finance?
Any success stories?
Thanks in advance x
Ernest says
Good morning Sara .. pls quick question l put irresponsible lending for car finance … almost 5 months ago buy am still making my monthly payment at the moment without missing any payment … 3 yrs agreement but I am 2yrs at the moment only remaining 1yr from (2020 to 2023) to go but l will like to keep my car …
Pls what do you think in this situation ?
Sara (Debt Camel) says
what was the purchase price of the car? How large a deposit did you pay? What is the total of the monthly payments you have paid?
Ernest says
£18,500 for the car l took finance of £10,000 and l deposit £8,500 . I think l have paid £5000 now. And monthly payment of £345
Sara (Debt Camel) says
so you have not yet repaid the purchase price of the car when you add up the deposit and the monthly payments? It will be another 14 months until you have? You need to check the numbers to be sure, not guess at them
Ernest says
When l check my credit report its shows £5000 on the car finance to pay to them ..
Sara (Debt Camel) says
never relay on a credit report. Add up your payments!
Ernest says
Good afternoon Sara.. l just check my records now for the car Financial… l bought the car for £18,500 l deposit £8.500 then take 10,000 car loan total to pay back interest of £2,260 monthly payment £340 for 3yrs Balance £5114 .. September 2020 to 2023.
But l have another 2 car finance complaint with the same company.. making 3 car finance complain. 1st car 2015 paid off and 2rd2018 paid off.. 3rd still paying Balance of £5114. I want to keep the car. The car registration is on my name not the loan the company .. and also what do you think about the one 2015 because l company this year more that 6yrs .
Sara (Debt Camel) says
I haven’t come across anyone ,along complaints about several loans to the same finance company. My guess is that if you win one or both of the complaints about settled finance then the refund would be used to reduce what is owed on the current finance.
The car is on your name – are these contracts hire Purchase or unsecured loans? Read the finance documentation.
Ernest says
Good morning sara thanks for replying on the documents saying .. (hire purchase agreement)
Is that not possible to make a complain about 3 car loans car finance? I took the car loan in 2015 and l finished paid it off in 2018 and l took another loan 2018 finish paid it off in 2020 and l took another one 2020 till date still paying.. alot of gambling transaction on my bank statement and no affordability check my the company and they not request my bank statement only payslip for all the three cars. My credit very bad that time aswell
Sara (Debt Camel) says
Is that not possible to make a complain about 3 car loans car finance?
Yes it is, I am just saying that I have never seen this before.
Ernest says
Ok thanks l will check properly when got home… just remember now to tell you l put 3 diffrent irresponsible lending complain for 3 different cars 2 paid off .. 2015 to 2018 paid off. 2018 to 2020 paid off. 2020 sep to 2022 still paying £ 5k to pay. Same company for the 3 cars.marsh finance.
Claire says
Hi, I put in a complaint through resolver and they replied today, saying that they could or would not respond to anything other than an email registered to a customer. Is that right? I thought it was any reasonable method of contact? Anyway should I just send the same letter from my email or persevere through resolver please?
Sara (Debt Camel) says
who is the lender?
Claire says
Future Finance.
Sara (Debt Camel) says
ha, no one has mentioned them for ages and now you are the second today.
Well you can have an argument with them about how to submit a complaint if you want, but it seems simpler to just email them at servicing@futurefinance.com with COMPLAINT as the title.
Claire says
Ok thanks will do. It was an email from another lender that made me look at my bank statements and I remember FF sending me an annual statement, after paying about 340 off a 2130 initial balance it was still at 2105. I hadn’t realised till then how much it was likely to cost me. I payed it off with my bounce back loan as I was so worried about it hanging over me.
Mer says
Hello Sara,
I would be grateful if you could check these for me to see if I a eligible to go ahead with a affordability complaint on a hire car purchase ?
I was not honest about my situation to get the car, I got a terrible deal.
Cash price of the car :24000
Deposit paid :4000
Credit: £20000
Total payable: £38360 (five year contact from 2017 which has ended now and they have sent me claim form for 6000 outstanding + 2000 court costs and interests) I also have credit card arrears and the outstanding balance is mainly left from the pandemic time when I had no money coming in and was behind on rent etc.
Am I eligible to apply for the affordability complaint?
Can I counterclaim the amount on the claim form or should I ask the court for more time as I want defend the claim ?
Sara (Debt Camel) says
The deal may have been bad but the question is, was the finance affordable at the time you took it out?
The fact you later got into difficulty in the pandemic will not help you win an affordability claim – that is a check about the original lending decision.
Melissa says
I made a claim against Vanquish for an irresponsible loan taken out in Oct 2015. They initially refused it but I forwarded it to the FOS and they upheld the complaint and Vanquish agreed to look at it again. FOS view was that they didn’t think they were irresponsible in given me the loan in the first instance but shouldn’t have increased the card to £1,500 in 2017. They advised Vanquis to payback all interest and charges from May 2017 up to now. Vanquis paid £550 and said I still owed them £600. I’m not sure how they came to their refund price as monthly interest is £42 and years of late charges over a 5 year period doesn’t add up. Can anyone advise if this sounds right or know how they work out the interest?
They didn’t even send a response letter just paid the said refund and closed the case.
Sara (Debt Camel) says
If FOS told them to refund all interest, that sounds a lot too low. Ask them for an explanation of how they calculated it.
Also tell your adjudicator at FOS what is happening.
Jo says
I’ve been waiting 5weeks on a response from everyday loans getting close has anyone had a response sooner from them just curious. Can everyday loans be awkward xx
Sara (Debt Camel) says
waiting 8 weeks is pretty normal.
John says
Hi
I’ve just had a reply off the ombudsman saying I was too late complaining ( over 6 years )after the adjudicator accepted the decision and everyday loans rejected it
I’ve sent them a reply saying I’d only found out last is this the normal and can I appeal the decision thanks john
Sara (Debt Camel) says
if this decision from an Ombudsman is different from the adjudicator decision, you should be able to go back to the Ombudsman and argue against it.
If it is a Final Decision from an Ombudsman, then there is no way to carry on with the complaint except by going to court.
John says
Hi Sarah
It’s provisional the adjudicator ruled in our favour but everyday contested it so it went to the ombudsman whos agreed with everyday that it was over 6 years so it couldn’t complain
Sara (Debt Camel) says
does it say you can go back and make further representation to the Ombudsman?
John says
Hi Sara
Yes I have Till the 23rd of August to send any additional info in
Thanks John
Megs says
Hi
So firstly thank you for all your advice so pleased I found this site it has helped a lot. I made a complaint with 118118 Money which they didn’t uphold. Tool to FOS and adjudicator upheld my complaint and said they were to refund all interest with 8% on top. 118118 never responded to this within timeframe and now going to ombudsman. Does anyone know how long this takes and does the ombudsman usually stay with same decision?
Many thanks
Mary says
Hi Sara
I made an unaffordability complaint to 118 Money. The loan was originally £3300 plus £2500 interest, so I paid over £6000 back in total.
They declined my complaint but offered me a goodwill payment of £350.
I’m a bit disappointed at this as I was expecting them to refund the interest to me.
I wanted to ask you, is this a good offer based on your experience and knowledge? Or do you think I should take this to the Financial Ombudsman? If I do take it to the Financial Ombudsman, is there a chance I would be successful in getting the interest back?
Or should I go back with a counteroffer to 118? Just really disappointed with this offer.
Thank you!
Sara (Debt Camel) says
I don’t think they will consider a counteroffer.
That obviously isn’t a good offer – that would be a full refund of interest. (Also your credit record cleaned if you had any late payments to the loan showing.) They are hoping you need a few hundred right now and won’t go to the Ombudsman.
Can you say something about your situation when you took the loan out? It can’t have been great or you wouldn’t have had to get such a high cost loan, but was it generally improving, with all your problems in the past? Or would your credit record have shown you had been borrowing more recently?
Mary says
Hi Sara
When I took the loan out I was very desperate, and I had several other payday loans on top of this. 118 was the only lender who would offer me the money at that point. If they undertook thorough checks, my credit rating would have shown that I was in a poor financial state and the loan was unaffordable.
118 never asked for any payslips, bank statements etc. I also defaulted on the loan several times and still have these emails.
So do you think it’s worth sending this to the Ombudsman or just accepting the £350?
Many thanks for the advice.
Sara (Debt Camel) says
that sounds worth sending to the Ombudsman.
Alan says
Evening,
My case has just been picked up by an adjudicator against HSBC loans. The adjudicator has requested credit reports from 1 month previous to the loans being approved. I’m really not sure how to get this information? As it was back in 2017. I have sent an up to date credit report along with bank statements for the months leading upto the approvals. Any help would be greatly appreciated. Thanks.
Sara (Debt Camel) says
That is the best you can do – only a few people that have had a paid subscription for a long while can go back and ask for earlier reports.
Bella says
Hello,
Yesterday I emailed Bamboo about a loan I took out in Dec 2016 (this was on top of various other credit agreements with other lenders) to complain about irresponsible lending. The loan was for £1k but with interest etc, I owed over £2k. I quickly had an email back from them asking for 2 months of bank statements directly before I took out the loan, however I explained these were unavailable to me as I was no longer with that bank (I’d been advised to set up a new bank acc before entering my DMP, given that I had maxed out a large overdraft with the first bank).
Anyway, I’ve just had a text from Bamboo saying they’re going to phone me on Monday to discuss my email. Is this quite standard? Any idea what they’ll want to speak about specifically? Is there anything I should or shouldn’t say? I assume they’ll be after finding a reason to avoid refunding me anything so I’m already nervous in case they ‘catch me out’ (I’m an agreeable person by nature so I don’t want to undersell my situation at the time being anything other than a total mess). Any advice?
Sara (Debt Camel) says
have you asked the old bank for bank statements? These can sometimes be obtained from closed accounts.
Bella says
I haven’t yet, one reason being I have a £3k-ish OD on the closed acc that needs repaying. It’s included on my DMP however the bank have my wrong date on birth on the acc (no idea how) so between us we’ve never identified that I am me over the phone. I heard something about if a debt is owed but it lays dormant for so long and no one chases you for it, then it doesn’t have to be repaid? No one has chased me for this in around 3/4 years. So I’m not sure whether to poke the bear…?
Would it make a major difference in Bamboos decision, more than just all the credit showing on my record at the time?
Just to add, the OD has been included on the DMP but stepchange haven’t been able to make any payments to them because of the identity issue. They say they keep the portion of money that should go to the bank aside, in case it resolves itself.
Sara (Debt Camel) says
if you don’t supply bank statements, you are unlikely to win this complaint with Bamboo or with the Finacial Ombudsman. They are the simpleset way to prove a loan was unaffordable.
As you don’t seem to be disputing that the overdraft is yours, it may well be that this gets resolved at some point and you do have to pay it. Of course there is some possibility that it will vanish without trace but I never think it’s safe to rely on this happening. I uderstand why you don’t want to poke them into life but you need those statements. Also possibly for any other debts you make an affordabilty complaint about.
Jax says
When I complained to them they asked me for bank statements too. I sent them and they replied within 2 days agreeing the loan was unaffordable. My circumstances may have been very different to yours but it was pretty straightforward to deal with them. Good luck.
Bella says
Thank you both for getting back to me.
The call is scheduled for first thing Monday before I’ll be able to get to the bank, so I’ll see what she says and then proceed with poking the bear to try and get those statements.
Great to hear it was all straightforward for you Jax. Anything I might get from them will go straight towards paying the OD back anyway, so it’s still very worthwhile.
On the subject of OD’s, is it worth me putting in a complaint about my OD too? My limit was £2800 (I now owe maybe £3300 from memory after interest and charges). I applied and was accepted for various increases, at the same time I was taking on more credit card and loan debt.
Sara (Debt Camel) says
read https://debtcamel.co.uk/get-refund-overdraft/ for overdraft refunds.
also look at claiming against any credit cards or catalogues that increased your limit wheny ou were only making minimum payments, see https://debtcamel.co.uk/refunds-catalogue-credit-card/
Bella says
Hello Sara, I’ve now made and heard back from the FOS about the complaint against my OD and they found in my favour. This is what they said…
“I’m pleased to let you know that NatWest have agreed with my assessment and they have made the following offer to settle your complaint:
“I confirm that I agree with your view. However, having reviewed the complaint again I note that the account was written off and closed in September 2019, and the outstanding balance at that time was £3386.31. I have calculated that our customer incurred £1886.91 of charges and interest from January 2015 onwards and as such we would reduce her outstanding debt by this amount and no refund would be due to her (we can arrange for this refund to be reflected on her credit file). I have checked to see if the charges and interest caused the default, however, the default balance was over £3000 and as such I am satisfied that the default would still have stood had the charges not been applied.”
Please let me know if you have any questions or if for any reason you don’t agree with the offer above.”
So where this account just lay dormant to me before – it was written off? Does that mean they were never coming after me for what I owed? Am I right in understanding the debt has been reinstated (albeit at a reduced total)? What are the chances I can negotiate a partial settlement on the remainder? Or does debt with banks not work that way?
Sara (Debt Camel) says
So you were unaware that this balance had been written off? how does it currently show on your credit record?
Bella says
I was completely unaware of its written off status. I knew the debt existed but no one was chasing me for it, and I was hoping it would end up statute barred (up to this point its been 4/5 years, maybe more, since any noise was made about it). I had to contact the bank in order to retrieve bank statements for other complaints, but even then no one was asking me about the debt. It’s took a long time sat in the bank with all my ID for them to even find my old accounts. It seems by making the complaint against them I’ve ended up with an outstanding £1.5k bill that I’d never have had if I hadn’t complained.
Is there anything I can do with this?
It’s showing on credit karma as an open account, with the first default applied October 2017. The OD balance is on there too.
Sara (Debt Camel) says
“it’s showing on credit karma as an open account, with the first default applied October 2017. The OD balance is on there too.”
what sort of debt was this? I thought you were talking about your overdraft?
Bella says
I am – it is an overdraft. Sorry I meant the balance is showing alongside it saying the account is open.
Sara (Debt Camel) says
Ok then I suggest you go back and say you had never been told that that the account had been written off – if you had been you would not have made a complaint about it.
Say you would like the bank (who was it?) to confirm in wriritng that this debt has been written off by them and show as being partially settled on your credit report.
bella says
Thanks Sara. I’ve emailed the FOS back with what you’ve said. It’s Natwest bank.
Franki says
Hi Sara I’ve made an affordability complaint with loans2go. They came back to say they want my bank statements and they offered a reduction on the interest. I’ve requested bank statements from nationwide for my account as it’s now closed. Since emailing loans2go to say I’ve chased the statements up etc they’ve now issued me with a default. I don’t know what to do now as they are demanding payment of the arrears or they will issue a default any help or advice would be appreciated thanks
Sara (Debt Camel) says
if you have stopped paying them, you will get missed payments and then a default. These negative marks should be removed if you win an affordability complaint with L2G or at the Ombudsman.
How long ago did you make the complaint?
How large was your loan and how much have you paid to it so far? Have you had any previous loans from them?
How large was your balance and what have they offered to reduce it to?
Chris says
Hi Sara,
I logged an affordability complaint against Everyday Loans using your template for a loan of £1500. I’m pleased to say that the FOS upheld my complaint. Up until I lodged my complaint I had repaid £2593.53. EL have been told to make this right by:
– removing all interest, fees and charges applied to this loan from the outset. The payments I made should be deducted from the new starting balance – the £1,500.00 originally lent. I have already repaid more than £1,500.00 then Everyday Loans should treat any extra as overpayments. And any overpayments should be refunded to me.
– adding interest at 8% per year simple on any refunded payments, if there are any, from the date they were made by me to the date of settlement.
– if, as seems likely, after all adjustments have been made, no outstanding balance remains, Everyday Loans should remove all adverse information it recorded on my credit file as a result of this loan.
† HM Revenue & Customs requires Everyday Loans to take off tax from this interest. Everyday Loans must give me a certificate showing how much tax it has taken off if I ask for one.
Are you able to please calculate how much, if any, I should be refunded after adding interest at 8% and deducting tax?
Thank you so much, this site/forum helped a lot!
Sara (Debt Camel) says
how much were you paying a month?
have you been making payments all the time up until now or did you stop when you lodged the complaint, if sowhen was that?
Chris says
Hi Sara,
The loan for £1500 was taken out on 28th June 2019. I was paying £172.89 per month and stopped when I lodged the complaint. My last repayment was December 31st 2020. According to my bank statements, via direct debit, I have repaid £2593.53 in total. I contacted EL to tell them I could no longer afford the loan due to being made redundant but they offered no solution. So I formally complained to EL in February 2021 and then escalated the complaint to FOS in September 2021.
Thanks.
Sara (Debt Camel) says
squinting at the numbers my guess is the 8% will be between £150 and £190.
Jo says
I just received a refund from everyday loans also getting 2860 plus 8% all done within six weeks just waiting on the money going in they up held all my loans very quick and I’m very thankful lol hoping it won’t take long for the money they told me it could take two weeks xx
fusion says
Interesting one for me, 1plus1 loans reject my complaint I sent it to FOS who have no advised they are objecting to them investigating the complaint. I know it’s a delay tactic and the FOS is legally binding on them via the FSA but surely this behaviour is what should be punished. I have highlighted how they behaved the same when I went onto a DMP. very unprofessional and rude.
Jax says
Hello. How does redress work on a loan please? I had a 10k loan in 2019 with just over 5k interest on top. I made a complaint to them (Hitachi) re irresponsible lending that they rejected. Sent to FOS who upheld it and said all payments should be classed as being made to the principal amount loaned and interest should be removed. I have a balance of just over 5k so once the interest is removed I owe about £200. But Hitachi have said they owe me around £400 in compensatory interest. How can that be? I’m not complaining at all but I really don’t get it!
Sara (Debt Camel) says
It depends on how they calculate the 8% interest.
Jax says
Thanks Sara. As I say, I’m certainly not complaining as £400 is very welcome 😊. I’ve not seen any calculations as yet so we will see what happens.
Simon turner says
Hi Sara,
I posted earlier regarding my complaint to Moneyway. I have also made a complaint to Marsh regarding 3 car loans. Is it correct that if the loans are over 6 years old they don’t have to investigate.
Sara (Debt Camel) says
See the section Is there a time limit? in the article above.
Simon says
Hi Sara,
Moneyway have rejected my complaint as I took the loan out in 2015. I am still waiting for a response from Marsh about the 3 loans I had with them.
Once again many thanks for your swift reply and advice
Simon
Jax says
Hi, my complaint against Zopa went to FOS. The adjudicator says they did nothing wrong and hasn’t upheld it. The adjudicator said they should have done further checks before agreeing to the loan but had they done so there would be nothing that suggested I couldn’t sustainably repay it. I’m really surprised as FOS has found 3 accounts I had taken out before this to be irresponsibly lent. My bank statements are shocking, in the month before the loan there was a total of 50 separate gambling transactions totalling around £3500. My salary was only around £2600 per month. There’s no point in the month that my account was showing a credit balance – I was always in my overdraft. The bank statements for the other months leading up to the loan are just as bad. I’ll be sending a detailed response on Monday and will ask for it to be looked at by an ombudsman.
Jax says
I would really appreciate your view on this please Sara. Do you think its worth pursuing? I’ve not had to ask for an ombudsman to look at a case so far. Many thanks in advance.
Sara (Debt Camel) says
yes it sounds as though it should be quite easy to show the loan was unaffordable if they had looked closer. Your detailed response shoule explain this.
Jax says
Excellent, thank you!
Jax says
I’ve done my detailed response now. I don’t think the adjudicator looked at anything I sent and relied on the information from Zopa. I say this because there are inaccuracies in their response to me; the correct information was in my bank statements and credit report. I’ve asked for it to go to an ombudsman.
Jax says
The adjudicator has now found the loan to be unaffordable. Let’s wait and see what Zopa says.