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
Creation customercare@creation.co.uk
Everyday Loans – for loans after 31 March 2021 complain to complaints@everyday-loans.co.uk using the template in this article. It is no longer possible to make complaints about their loans before that date
Fair Finance complaints@fairfinance.org.uk
Finio Loans (rebrand of Likely Loans) complaints@oakbrookfinance.com
Fluro (used to be Lending Works) cx@fluro.co.uk
Koyo loans info@koyoloans.com
Lendable complaint@lendable.co.uk
Lifestyle Loans info@lifestyleloans.co.uk
Likely Loans – see Finio
LiveLend support@livelend.co
Loans by Mal (Monthly Advance Loans) Complaints@loansbymal.co.uk
Loans 2 Go read Loans2Go – how to complain
MBNA mbnaonlinecomplaints@mbna.co.uk
Moneyline headoffice@moneyline-uk.com
My Community Bank complaints@mycommunitybank.co.uk
Novuna (used to be called Hitachi) ComplaintsTeam@NovunaPersonalFinance.co.uk
Plata complaints@plata.com
Plend complaints@plend.co.uk
Progressive Money complaints@progressivemoney.co.uk
Quick Loans customerscare@quickloans.co.uk
Reevo complaints@reevomoney.com
Salary Finance (Neyber) complaints@salaryfinance.com (for loans, not “pay advance”)
Savvy info@savvy.co.uk
Shawbrook Customercare.team@shawbrook.co.uk
Snap Finance customer@snapfinance.co.uk
Tandem pl@tandem.co.uk
TM Advances info@tmadvances.co.uk
Updraft complaints@updraft.com
Vanquis customer.relations@vanquisbank.co.uk
Zopa complaints@zopa.com
118 118 Money complaints@118118money.com
Use this template
Email the lender to begin your complaint. Put AFFORDABILITY COMPLAINT as the subject of your email.
Template for you to adapt:
Please confirm the date this loan started, the amount, the interest rate and the monthly repayments. [don’t include this if you already know the information]
I am asking for a refund of the interest and any charges I paid, plus statutory interest, and to delete any negative information from my credit record. [the refunds for car finance can be a lot more complicated than this, see but this is all you need to put in your complaint]
I also want the CCJ that I have for this debt set aside. [delete this sentence if you don’t have a CCJ!]
I attach copies of my bank statements and credit report from the time I applied for this loan/these loans. [delete if you don’t yet have them yet, but they help your case if you do. Even if they show gambling, that supports your argument the loan was unaffordable.]
I didn’t know that the lender was supposed to check that I could repay the loan without having to borrow more. I only found out in [2024] when I saw a newspaper article in the Sun/an advert on Facebook for refunds/a friend said they had made a complaint/whatever. So I am complaining within 3 years of having found out that I have cause to complain. [only put this paragraph if some of your loans are more than 6 years old. It explains why you haven’t complained before. It’s only an example so change it so it really covers what happened to you!]
Add extra information if you want – see below for some ideas – you don’t have to do this.
Do you need a payment arrangement now?
If you want an affordable payment arrangement now, add a sentence to the complaint saying this. These complaints may take months to sort out – a payment arrangement can get your finances into a safe place:
- a payment arrangement shows on your credit record, but if you win the complaint all negative marks will be deleted
- talk to a debt adviser such as National Debtline if you want to know more about payment arrangements
- but don’t risk a payment arrangement for car finance or a logbook loan – one would put your car at risk.
Other details to add if you want
The template above is fine, you don’t have to add a lot more details.
But you can add extra points if they apply in your case, for example
- my bank statements and credit record (attached) show that I was unable to afford the loan repayments.
- this was a large loan, you knew I had poor credit and may have been in a difficult position so you should have tried to verify my income and expenses. If you had done this, you would have rejected my application.
- during a telephone call, your agent suggested some figures should be lower to get my application accepted.
- if the lender was your bank – you should have seen from my bank account that I was in financial difficulty, I was using my overdraft a lot, I was only making minimum payments to my credit card from you.
And some examples of points about top-ups:
- a credit check would have shown that my finances had got worse since the first loan
- I had said the first loan was to consolidate debt, but you should have seen that this hadn’t happened.
While you are waiting for a reply
Try to get copies of your bank statements from 3 months before a loan to three months afterwards. You can get statements from closed bank accounts, normally going back 6 years.
Also get a statutory credit report now and download it. You can get one from TransUnion. Do this as soon as possible as sometimes the details change, so you want a full one saved to show the Ombudsman later if necessary.
Do not wait until the Ombudsman asks you for credit records or bank statements – you want them ready to hand. They really help your case as they prove your financial situation when you took the loan out.
You should get a response from the lender within 8 weeks. If you don’t, phone them up and ask when you will get it – a couple of days is worth waiting for but many responses are rejections, so don’t wait weeks for one, go to the Ombudsman straight away.
Go to the Ombudsman if you don’t get a good offer
Don’t be put off by a rejection! Or if the lender said it was your fault because your loan application wasn’t accurate – the lender should have made checks.
Sometimes a lender will send a long, complicated reply designed to make you look as though you should give up. If they say the loan was over 6 years ago, see below for “time limits”.
I suggest you rely on your instinct – if 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. 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.
Need some help?
Don’t use a claims management company. They are expensive and often incompetent and use a similar template to the one in this article.
Instead ask a question in the comments below.
Can you get an overdraft refund?
Refunds from cards and catalogues
Get a car finance commission refund?
Emmanuel Abedi says
Dear Sarah,
So I have recently received a letter responce from Motonovo finance,after I complained about the unaffordable car loan to them in January 2024.
Their letter states that,they admit for not giving me the correct legal documents when it was required,but have done so now with some attachments in their letter.The response letter also states that they would be reviewing my account with them within 30 days from now,and if I am due any charges they would refund.The letter states Contractual interest, Defaults interest/sums which could be due me after my account has reviewed.
In 2018 Motonovo offered me a car loan on finance and the charges are on the agreement to date.The duration for repayment was 5yrs..Now that Motonovo has admitted that they did not provide me the right documents at the time the agreement started.Now if my account review is finished in 30 days,and am due a refund,you to tell me if it would as all interest charge refund or something else.
Sara (Debt Camel) says
What are these documents they did not provide you with That they have now sent?
Emmanuel says
The documents are highlighted as Notice of Sums in Arrears within the HP agreement .The letter further states that they would be reviewing my account with them for 30days and would let me know if they need make some adjustments to my Motonovo account and/or if they need to repay an amount to me.It goes on to say I should do nothing while they are reviewing my account.however on their completion of my account review.My Motonovo account will be updated to Show the correct balance,but may not show all historic transactions or separate adjustments to components of my account.
Sara (Debt Camel) says
NOSIA refunds are complicated.
. It may well be some interest but it’s unlikely to be all. I suggest you tell Motonovo unless they are going to refund all interest, and remove negative marks on your credit record (and clear any remaining balance if these is one) then you still want a response to your affordability complaint.
Loopy Loo says
Hey
I made a complaint to the financial ombudsman re a Livelend loan (Betterborrow was upheld by the company but they didn’t uphold Livelend) the FO acknowledged my complaint mid July…. How long does it typically take? I’ve not heard anything since from either Livelend or FO.
Sara (Debt Camel) says
Cases are normally picked up by an investigator within 1-4 months.
Wul says
Hi Sara I sent affordability compliant to nationwide who rejected so went to the ombudsman but there asking when did realise u could put affordability compliant in etc can u help me on this one please
Wul says
Start date: March 2016
Credit Limit amount: £5,500
Status: Active
If I’ve misunderstood this, please let me know.
Before I can investigate the actual merits of the complaint I need to establish if this is something that is within the Financial Ombudsman Services’ jurisdiction.
In essence, jurisdiction relates to set timeframes that must be adhered to as to what our service can look at. You can view these under DISP 2.8.
I’m currently looking into this with Nationwide. However, in case I do need to make a finding on this, I’ll also need some information from you.
To help me look into this, please can you answer all the questions below in your own words?
In relation to the application, please can you:
let me know what date (even an approximation) you became aware of a cause to complain regarding the lending decision.
let me know what triggered your awareness. If you can provide any evidence, it would be welcomed.
let me know if there was any reason you were unable to raise your complaint sooner than you did after coming to this realisation. If there was, what was the reason for the delay?
let me know if you remember being asked anything around finances during the application process.
let me know if you remember providing any payslips or bank statements at the time.
Please provide a copy of your credit report at the time of the application, if possible. If not, a copy of their current credit report
Sara (Debt Camel) says
Is this a credit card or an overdraft? Is it’s an overdraft, is this your main bank account?
Wul says
Credit card which was connected to current account
Sara (Debt Camel) says
Ok, I assume that means a credit card from the same bank you had a current account with.
Were you only paying the minimum amount from the start? Was there any particular time your finnces got a lot worse?
Did you use an overdraft a lot?
How did you find out about affordability complaints – did you see Them mentioned on social media or did a friend tell you or what? There are no wrong answers here, what really happened?
Wul says
Yes and there was no overdraft with the current account so they closed that when defaulted the credit card and defaulted on that when the pandemic hit as lost ny job etc
A friend told me about the affordability complaints
Sara (Debt Camel) says
Ok so what FOS is asking is questions to see if it can look at this as the card was opened more than 6 years ago. This isn’t about whether the limit was unaffordable, just a pre check to the real investigation. So your answers can be quite short.
As the account was closed in the last 6 years, FOS may well decide they can look at this. It’s much harder if it was closed over 6 years ago.
So from what you have said, typical responses to those questions could be:
“let me know what date (even an approximation) you became aware of a cause to complain regarding the lending decision”
This is when you found Out about affordability complaints. It doesn’t have to be exact “in January this year” is fine.
“let me know what triggered your awareness. If you can provide any evidence, it would be welcomed.”
A friend (of the family? A work colleague?) told me that banks should have checked that a credit limit was affordable and that I may be able to get a refund if they set the limit too high. If you know how your friend knew (had they seen an advert on social media for a claims firm? Or made a complaint themselves?) say that. If this was by email you could forward that but if it was when you met them or on the phone , say that. If the “friend” was in a Facebook group, give the name of the group. There are no wrong answers here.
“let me know if there was any reason you were unable to raise your complaint sooner than you did after coming to this realisation. If there was, what was the reason for the delay?”
Most people say something like “I knew I was in difficulty with the credit card as my payments didn’t really reduce the balance. And later when I couldn’t pay the account was closed. But I thought that was my problem and I didn’t know Nationwide should have checked the limit wasn’t too high so I didn’t complain as I was unaware Nationwide were partly to blame. After I found out I could make an affordability complaint, I didn’t delay and complained within the next few (days/weeks/months)
Put those into your own words, add your dates and details. But you don’t have to write a lot, brief is fine.
Wul says
Sara thank you for your reply and will get this worded and sent back them but before I do I just need to clarify with u that the credit card account is still showing active to this date and shows this on my credit file
Sara (Debt Camel) says
That’s fine. It’s the cases where the account was closed more than 6 years ago that are much harder.
Vicky says
Hi
I took out a 10k loan from Natwest just 3 months after having brain surgery in Sept 22 & i don’t think they should have let me as i was still receiving employment support allowance & was still receiving it when i applied for the loan to consolidate debt. I was receiving esa since about April 2021 due to my illness , so a good sign that i wasn’t able to work for a long time. I was also constantly living in my 1k overdraft, i had 7k in a natwest credit card & also over 2k in a virgin credit card. It’s pretty clear to me they shouldn’t have given me the loan as it wasn’t affordable, i have all the bank statements from around the time to email over. Do i just email natwest to start with?
Sorry i have read lots but find it hard to take all the info in. I have 7k left of the loan to pay, if i win is it just the interest i receive back or has there ever been anyone that has had the debt completely written off?
Sara (Debt Camel) says
Yes email NatWest with your complaint.
Was the overdraft from NatWest?
In 99.9% of cases the interest is just removed. Are you now recovered and back at work?
Bella says
Hi debt camel,
I recently put in affordability complaints to all my previous pay day loans as at the time when I had taken out I was not financially healthy.
I have received a response from Fernovo, also known as Quidie stating that they did all the appropriate credit checks and affordability checks etc. As a good will gesture they have offered a £41 payment and to remove all history from them off my credit file. What are your thoughts?
Sara (Debt Camel) says
How many times did you borrow from them and how large were the loans?
Tony J says
I wanted to ask if I have a potential complaint with a number of accounts:
1- MCB loan of £6000 at 25.56% interest. At the time I already had another loan, was working LTFT, constantly in and out of overdraft, credit card and catalogue repayments, credit score not great. I do not think they did the appropriate checks to grant the loan.
2- marble credit card, taken out in 2022, they kept upping the limit and it was high interest (around 34%).
3- 118118 loan- £1000 at 34%- this definitely was not responsibly lent.
Sara (Debt Camel) says
Complain about them all!
Claire says
Hi
I’ve had a response from administrator on my NatWest loans agreeing loan 4 shouldn’t been granted. And for all refund fees and charges to be repaid
8 % interest each year paid.
I know NatWest can disagree with the decision if there don’t am I assuming if my loan was for £19450 I paid £398 for 74 months = £29452
I have 2 payments left to pay I roughly £9206 refund plus 8 %
Sara (Debt Camel) says
So on those figures you have paid 2952 as you say. That is more than you borrowed so the balance is wiped. And you should get a refund of 29452-19450=10,002 plus 8% initerest
Did the 4th loans clear the third loan?
Claire says
Yes the 4th loan cleared the 3rd I’m 2 months away from finishing 4th loan so less than 800 to pay hopefully NatWest will agree if not will go to ombudsman
Sara (Debt Camel) says
you shouldn’t have to pay anything more if Natwest agree,
I have know Natwest try to argue that in this situation you should not be refunded the amount that cleared the 3rd loan. That is quite wrong. If they say this object.
Are you happy that the previous loan were found to be affordable?
Claire says
Ok I will see what there reply. Yes I’m happy it was just the 4th loan. If NatWest agree I get the amount this is huge success I will get chance to pay other debt off thanks to all your help on here
Claire says
Just an update NatWest have agreed and are paying back the interest on 4th loan plus 8% so I’ll receive over £13k just a massive thank you for all your advice this is chance for me to be debt free
Sara (Debt Camel) says
excellent
JB says
Hello Sara,
Thanks so much for all your advice – over the past year I have put in complaints about 23 lines of credit between Car Finance, credit cards, overdrafts and loan, and I’ve had at least part of my complaint upheld in 17 of them leading to an overall reduction in debt of over £21,000. Life changing stuff!
Still a bit of a way to go in a DMP, but starting to see the light at the end of the tunnel and have a friend who may be able to offer assistance to put forward a full and final settlement offer.
One question – in the complaints that were upheld, part of the outcome is to remove any negative information once the balance is cleared. Do you know if this would still apply for a partial settlement? In order to try and repair my credit history my thoughts are I could try to settle the ones in which my complaints were declined in full and then try and do a full and final settlement offer for those who will be required to remove negative information.
I started my DMP in August so most of them defaulted this time last year.
There is currently a mix of those sold to debt collectors and those being repaid directly.
Keen to get your thoughts – thanks again!
Sara (Debt Camel) says
I assume that was August 2023.
It makes no difference to your credit score if you settle in full or partially. It is just a flag against the debt.
I am not sure that partial settlement would be seen as negative information that would have to be removed. I suggest you make the same settlement offer to all creditors – they are more likely to think that is fair.
Laura says
Hello
I got a series of loans out with Natwest – the final one being a total £27k I had to get a IVA to consolidate that and other debts. Would I still be able to send the above letter as one of the reasons I got the IVA was due to the monthly amounts.
I got the loan in 2018 and IVA in 2020
Many thanks
Sara (Debt Camel) says
how much in total did you pay to the IVA and how large were the debts in total that went into it?
Laura says
The total amount of debts that went in to the IVA was £32k
I paid £2,664 over 12 months worth of payments and then my brother paid a lump sum of £5,500 for me and it closed as I was risk of being homeless and a single parent on mat leave.
Thanks
Sara (Debt Camel) says
ok so you paid a LOT less to the IVA than the debts.
This matter because if you win an affordability complaint against Natwest, the refund would only be the interest added. And Natwest are entitled to “set off” that refund against the amount of debt that was written off at the end of the IVA… so it sounds to me very unlikely that you would get anything back.
Annoying, but in this sort of case the IVA was your revenge against Natwest.
Jason says
Hi Sarah,
I had an affordability complaint upheld by Bamboo and they’ve refunded the money but still haven’t removed the negative marks to my credit file. Its been 3 months since the final response. I contacted them today and they’ve said ‘due to a backlog’ they haven’t been able to do it yet and they can’t give a time frame… Is there anything I can do if it goes on longer? I can contact credit agencies to get it removed but in the past they’ve just told me that ‘it’s been actioned’ by the loan company therefore there’s nothing more they can do? Thanks
Sara (Debt Camel) says
tell Bamboo if its not done in the next month you will be going to the ombudsman and asking for compensation
Yvette says
Good Morning,
I am in the process of getting all the information together to send an Affordability complaint to Novuna, Virgin Money and MBNA. I have a DMP in place. How do I go about accessing my credit score information from the time I took out the loans and credit cards? I have been on Money Saving Expert and Experion but can only see what my score is now (pretty awful) and not from a few years before?
Sara (Debt Camel) says
you can’t get “old” credit score reports unless you have downloaded them yourself and kept them – almost no-one has these.
But you dont need that information to start a complaint – lenders never see the score you see anyway. You know if a debt caused you problems – just send the complaints in!
How long ago did your DMP start?
Adam says
Hi. I’ve put in a complaint about affordability on a loan – had been made redundant the week prior so not in a position to repay – and the lender (First Direct) have said they’re looking into my complaint but in the meantime have said they will close my current account with them. Is this any indicator of which way my complain will go?
Sara (Debt Camel) says
was there an overdraft on this current account? did you use the account or was it dormant? I have never heard of a bank closing a bank account because of a complaint about a loan.
Adam says
It was my main account. I just think the timing of it is fishy – came barely a week after the complaint. No specific reason given, just two month notice period. Weird eh
JD9 says
Hi just wanted to say thank you for the information you post.
I sent an affordability complaint to 118 money for a loan I had with them in 2018 which at the time I was struggling with money, overdrafts and pay day loan debts. They have investigated the loan and refunded me £842 for irresponsible lending this sum was made up of interest paid and the statutory 8%.
I couldn’t remember all of my account details but used your template and provided basic details and they did the rest. Also got the refund the same day after confirming which bank account I would like it paying into.
Thank you again.
Sara (Debt Camel) says
Great result!
Chloe Robinson says
Hi. I got a loan in 2016 from IKANO loans. I was only 19 at the time and they gave me £8000 which I struggled paying back, was in an overdraft and was also only contracted 17 hours in work. Am I able to complain about this? I’m not sure the loan company are even still in business
Many thanks
Sara (Debt Camel) says
yes they are. Email complaints@ikano.net
Claire says
I put affordability claim jn bank loan for 7500 the FoS have said that JN Bank carried out a credit file check which showed you had no defaults on existing lending, no overdrafts, and a good credit score. Although it did show seven active accounts, the check showed they were well managed. Then said I had enough disposable income.
I feel I had lots of credit in March I was in my OD only because a family member given me £3k I paid credit card off living of the rest of it
Is it worth sending my bank statements in and my credit report to the FOS to look further
Sara (Debt Camel) says
yes send more information, point out this was a large loan and that you had a lot of other debts.
N says
Hello,
I won an affordability complaint against Zopa on the 8th October but they needed to buy the debt back in order to provide a figure. I’ve chased for an update and timeline as it has been 3 weeks but they’ve said they are waiting for the debt purchaser to send the debt back and they don’t have a timeframe.
What is a reasonable amount of time to wait before escalating?
Thanks!
Sara (Debt Camel) says
Did Zopa uphold your complaint or did it have to go back to the Ombudsman?
N says
Hello,
Yes Zopa upheld the complaint but the debt was sold to debt agency. Zopa are saying before they can provide a settlement/compensation they need to purchase the debt back.
The complaint was upheld 4 weeks ago tomorrow, I’ve chased for a timeframe but Zopa have come back to say they don’t have a time frame as they are still waiting for the debt to be sent back to them.
Sara (Debt Camel) says
ok well I would give them a another month, these things do take time. If it isn’t sorted then tell them you are going to the Ombudsman as they haven’t provided you with the redress they have offered.
Steve says
Hi Sarah
So I had 2 loans with Bamboo the first in 2019 for £1,000 it was rolled over by a £1,500 in January 2020 they sent me an FRL on Monday saying no we don’t upload your loan and offered my £150 to settle I said no thanks and I will be taking it to the FOS. Today they sent back they had looked at my bank statements and due to the prolific gambling they will refund the interest I paid £845.67 they did not offer any 8% which I found a bit odd.
But in a good financial position these days so thought it was a decent offer and took did not think it was worth the risk of trying to get the extra £60 odd quid from the FOS and they say I should receive the refund in 5 working days so very pleased with the result I think a few people have commented on their tactics or trying £150 then sometimes £450.
Have you even known an uphold not to include the 8% all my other previous refunds have had but these where 2 of my smaller loans for loan 2 then only included the fresh balance and not the money used to pay off loan 1 I have seen that done before when I worked in PPI and don’t think there is much you can do.
Sara (Debt Camel) says
These lenders try it on… if you have accepted and been paid, move on with your life
Steve says
Yeah these days I have savings and ISAs plus my shares through work thought it was a decent offer would if taken £500 if offered so a result. Will help pay for Christmas.
Natalie says
I have affordability complaints on loads, credit cards and overdrafts with all the big bank. This was around 18 months ago. I’m now in a much better financial position and looking to get a mortgage who can apply to? Is there anyone left if I rule out all the ones I’ve had complaints with?
I’ve had complaints with; Lloyds overdraft and credit card, Santander overdraft/credit card and load, RBS, NATWEST overdrafts, Virgin credit card Vanquis, and Aqua.
Am I likely to be accepted by Co-op or nationwide considered I’ve upset most of the other big companies?
Whats the best thing to do in this position?
Sara (Debt Camel) says
From the list of 10 largest lenders in 2023 you haven’t mentioned Barclays, HSBC and three Building Societies: Yorkshire, Coventry and Skipton. So there are plenty of lenders out there… best advice is to talk to a mortgage broker.
Syed says
Im looking for email address of The Money Platform.
Sara (Debt Camel) says
its on my list for payday lenders: https://debtcamel.co.uk/payday-lender-email-addresses/
Steven says
So I put in a claim with Natwest they are my main bank . Which they rejected
I had a single loan of £1500 during which I had various pay day loans and other loans credit card activity and heavy gambling.
Then an £8000 loan which was rolled over with £12,150 loan I had card debt heavy gambling. 2 other large loans with Hitachi which became Novuna who refunded me on the £3000 and £7000 loans I had with them. Natwest also upheld a credit card affordability claim during the the 2 large loans.
So I sent them bank statements, uphold letters and my credit report again. Some months there was over 10 times my salary going in and out my account.
How long do you think would be reasonable to assess the extra information and is likely to add an extra weight to my claim or I am just better off going to the Fos now?
I feel the bank statements clearly show they never should of leant to me and it worsened my financial position and took me years to recover?
Sara (Debt Camel) says
What dates were the loan and the extension?
Steven says
My first loan was in 2017. The 8000 loan was in 2021 and the 12150 began in in January 2022. I have been paying extra on that so there is about a year left to pay off on it as been paying double each month. Then more when I can.
Natwest did my original investigation so quickly I don’t think they looked at any of the evidence I sent in initially.
They obviously did not checked linked complaints like we do for the bank I work for.
Sara (Debt Camel) says
so you are easily with the 6 year period.
If you have sent them the details now, I suggest you say if they do not revise their decision within a month you will send it to FOS.
Adam says
I made an irresponsible lending complaint for a loan with Sainsbury’s Bank which has been accepted and they have refunded me £5,100 interest.
At the time of taking out the loan, I had a decent salary, however I was heavily utilising my overdraft already which was proven by statements I provided. My complaint emphasised this point and the fact that monthly payments for the loan worsened my financial situation.
I also received a refund of £5,200 for my overdraft all thanks to debt camel. Both refunds are life changing for me!
Dan says
Hi – I’ve been making a number of unaffordable lending complaints, and all but one have been rejected by the lender so I’ve taken them to FOS. The one which was upheld quite speedily was on two large-ish loans with Zopa. I had similarly sized loans from Bamboo within a couple of months of the Zopa loans.
This gives me some confidence that the FOS may find in my favour. However, it seems to be taking months just to be allocated a case handler. I referred to the Ombudsman in early August and all I’ve had are emails apologising for delays.
Bamboo initially offered me £300 (despite rejecting my complaint). I was considering contacting them and telling them I’d accept just the refunded interest on the second of the two loans (£1800 rather than £3500 total). I could do with the money now rather than in several months, by which time I’ll have had a salary increase.
Is that an approach a lender would entertain or not even worth trying? (Aside from the fact I’d be potentially losing out as a result of my impatience).
Thanks!
Sara (Debt Camel) says
I can’t guess what Bamboo will say – many lenders will say they can only deal with FOS.
Are you still paying this second loan? Is your urgent problem at the moment caused by the debt repayments?
Steve says
Hi Dan
I don’t know what your complaint was based on with Bamboo but they recently offered me £150 upfront. I then sent additional evidence and said I was going to the Fos and they then agreed to refund all the interest on my 2 loans.
They agreed to mine as has other large loans credit card debt and gambling.
Smaller than yours £848.75 I agreed and the money was in my account 2 days later.
Cheers
Steve
Steve says
Has any one had any dealings with Vanquis I complained about 5 different companies on the 15.10.2024.
Bamboo upheld
MBNA still investigating
NatWest & Zopa rejects but gone back with more information.
Literally had nothing at from Vanquis not even an email or acknowledgement of any kind?
Thanks
Steve
Sara (Debt Camel) says
Ask them to confirm they have your complaint
Steven says
Hi Sarah
Do I ended up with refunds from both a vanquis and MBNA both only single loans and one I paid off earlier so got £199.15 and £389.87.
My NatWest and Zopa have made it to the FOS just awaiting to be assigned to someone these are the to I hope to win. NatWest is 24000 worth of loans and Zopa 8.
The FOS is a bit random at the moment had one credit card complaint got an email to say nobody assigned to it yet then 6 days later and uphold letter just waiting for Virgin to agree and get around £750 in incorrect fees and £100 distress so fingers crossed.
Lloyd says
Hi I’m really struggling to get on top of finances at the moment. I entered DMP a few years ago and finished it last year. I have 2 defaults that won’t drop off my credit file until March 25. I have myself to blame as I’ve up ended getting more credit over the past few years and as my score has been poor I’ve only been able to get expensive cards and loans. Most recently I’m literally paying the minimum payments on 5 cards each month that are all close to limits. I have loans with bamboo and finio that have another 8 payments left on bamboo and 21 left on finio, I have car finance with startline through car fiancé 24/7 2 years into 5 year deal and recently have had short term loans with quidmarket loans and the money platform loans. I’m having to take a new loan out each month to live. I earn a good wage but am up to my limits each month. I have no missed payments for past 4 years on anything but credit score is really low. I’m hoping score will improve when final defaults drop off next year but trying to wok out what to do. Should I try to get refunds from any of these loan providers. I don’t want more defaults going on and feel I could get back on track once short term loans are cleared so hoping to avoid another DMP.
Sara (Debt Camel) says
how large are your total debts? what are the minimum payments a month?
how many times have you borrowed from quidmarket? from money platform?
Lloyd says
Hi again
Bamboo – £182pm 8 payments left ( £4500 over 3 years)
Finio – £203 pm 21 payments left (£4500 over 3 years)
Oakbook no loan currently but had 3 loans this year (£400 in April paid back early in May in £448, £600 borrowed in May, paid back 3x£182 for 3 months and paid the rest early £431, borrowed £1500 in August paid back £582 in sept and then cleared it in October with £1707)
Money platform – borrowed £600 in Apr paid back £638 to clear, £600 in May paid £773 to clear, £800 in aug paid back £819. Borrowed £1000 in October due to pay 3 monthly repayments of £510 each.
Credit Spring £1000 due £166+£28 fee per month for 6 months
Cards are:
Aqua with £600 limit opened in Aug24
OMNO £750 limit opened in Aug 24
BIP £600 limit opened in Oct 23 increased to £1200 in Apr 24
Asda (JaJa) £2800 limit opened in Sep 23
Zable £500 Sept 21, increased to £800 mar 22, £1000 June 22, £1500 Aug 23
Zopa card £500 in Oct 21 increase to £1100 Sep 22
Card minimum payments total approx £350 per month.
Thanks Lloyd
Sara (Debt Camel) says
With this pile of very payday loans and other expensive borrowing, you have no chance of repaying your way out of this mess. Even when the defaults drop off, you will have all these recent payday loans and simply way too much borrowing – no-one is going to give you a nice loan at a low rate to clear it all.
Your DMP was costing you too much a month if it led to you starting to borrowing from these bad credit lenders.
The only way out is by stopping borrowing more immediately and offering payment arrangements. And with so many credit ors an DMP is going to be a much less stressful options for you. Talk to StepChange!
The affordability complaints against all of the lenders will help. Every win will reduce the debt and so speed up the DMP. And will help to clean up your credit record a bit. But this on its own won’t help you – many of these complaints will need to go to the Ombudsman and take money months…
Lloyd says
Thanks for the advice. I have made an initial enquiry with step change and they have mentioned about a possible 60 day breathing space. This might allow me time to pay off the money platform loan and get back on track with everything else, albeit still quite a lot of debt to pay off but could be manageable based on salary, providing I stop borrowing more, which I agree is key moving forwards. What’s your thoughts on breathing space? My main reason for wanting to avoid new defaults is was hoping to look if I could get a mortgage even if through a specialist broker in about 12 months time as parents would help me with a deposit and I was thinking I’d get a better rate if no defaults but might just be kidding myself?
Sara (Debt Camel) says
So what debts are you thinking of paying in a breathing space? And you are missing payments to the others? Missing payments gets recorded on your credit record.
if you are thinking of paying them all, then how will you manage without taking out a new loan?
MRS M says
Good Afternoon
If a lender partially upholds your complaint and offers to remove loan from credit file and remove interest from remaining repayments however doesn’t offer to refund interest paid to date – is it worth going to the ombudsman?
Sara (Debt Camel) says
this depends on the details – can you say who the lender is, what you borrowed, what the monthly repayments are, the balance and what they have offered to reduce it to?
Gillian says
I had a very large loan with Zopa along with other debt, which began to become a real issue for me. By using your affordability complaint template I got them to agree to remove over £4K in interest. I literally sent one email using your template, and a few bank statements, and a few weeks later they confirmed they upheld my complaint. I had no idea such a process existed before seeing your page and I am so grateful, this will make such a difference to me and my family. Thank you so much!
Sara (Debt Camel) says
Brilliant. And it is great when a complaint gets so quickly resolved!
Lucy says
I had a loan with Welcome Finance bank in 2008, I am currently paying this off at £1 per month and have been since 2015 when they threatened a CCJ, the original loan amount was for £2000 and the balance currently stands at 4.7k!! Was definitely not affordable for me at the time!! Welcome went bust very soon after I got this loan out and no longer exist. The loan was purchased by Lowell and being managed by BW Legal. I am wanting to apply for a mortgage and whilst this isn’t on my credit file I am worried it will be an issue when the payment are seen on my bank statements. I did ask Lowell for a settlement and they offered me 4.2k, just feels criminal they can hold this over me nearly 20 years on. Am I able to challenge that it was unaffordable at the time? Any advice greatly appreciated
Sara (Debt Camel) says
You have no practical chance of winning an affordability case about such an old debt where the lender went bust.
You can try asking Lowell to produce the CCA agreement for the debt. See https://debtcamel.co.uk/ask-cca-agreement-for-debt/. If they can’t find it it is unenforceable in court and you can stop paying. In 6 months time a mortgage lender won’t be able to see the payments to Lowell.
Olivia C says
I got accepted for a loan of £2,000 in December 2021 with Lendable.
I was 20 years old at the time and was very irresponsible with my money, I had issues with gambling and spending my money overall. I was not clued up about what APR even meant then! I agreed to take the loan out over 60 months with an APR of 43.17%.
This was the first ever loan I took out too. The APR on this was absolutely killing me, and I felt it was really irresponsible of them to grant me such a loan. The total I had to pay them back was £4,687.68.
I managed to pay this back in 2023, however it left me short of money!
Am I still able to somehow managed to claw back any of that interest I paid?
Sara (Debt Camel) says
Did you borrow to clear this horrible loan?
T says
Hello Sarah, I got this response from the ombudsman for a complaint I made in April. What does this mean for me?
Your complaint about Secure Trust Bank Plc trading as Moneyway
Thank you for the information you sent us.
In October 2023, the Supreme Court clarified the law regarding how time limits work with regards to unfair relationships (S.140 of the Consumer Credit Act) and we’re required to take the law into account when reaching our decisions. With that in mind we’ve been looking closely at the clarification and how it affects our work across various complaint types, including irresponsible lending. It may take a little more time, but it is important that we carefully consider all of the arguments in this area, in order to reach the right outcome in each complaint.
We have recently issued some provisional decisions to a number of businesses setting out our initial thinking and to give them, and the professional representatives and consumers, the opportunity to present any information that they think is relevant for consideration, before we go on to reach any final conclusions.
As soon as I have a more meaningful update I’ll be in touch.
Sara (Debt Camel) says
I guess you are complaining about lending that started over 6 years ago? These have been going slow while FOS adjusts its approach in line with the new court ruling.
Is the account still open? If not when was it closed?
T says
Hello Sarah,
The account is now closed. I paid off the agreement in 2021. I received an email from the investigator a few days ago saying that my case is in the move now and that they are waiting for some information from moneway. I am affected by the court ruling?
Bc says
Anyone had success with Zopa credit card? I’ve sent them an affordability complaint as on a payment plan for this and the two loans I have with them and they rejected both and currently being looked at by fos who have said they’ve got all the info from me and Zopa so should start in next two weeks.
I’ve asked for all interest and charges be refunded plus the 8%, freeze future interest and continue with payment plan until balance is cleared then close the card, it’s not been used for two months but still adding interest on.
I’m slowly getting responses from fos for the 4 complaints so I’m really hoping that they are taken on by adjudicator soon.
Sara, I had a complaint about AA loan’s last year it wasn’t upheld, but I didn’t get around to sending it to FOS due to my husband having a heart attack in July just when they refused my claim and then I had a stroke in October 23 I have only just got round to try and get my finances in a better position so I have sent it back to them with more detail and explained them reason why I didn’t follow it up, would they look at it again and can I use the circumstances to send it over to FOS, again I’m still paying a payment plan to them.
Sara (Debt Camel) says
I would send the AA to FOS straight away and describe why you didn’t send it earlier.
Plenty of wins against Zopa. What was the timing of the two loans and when yo7 took the credit card?
BC says
The loans were one in 2022 and 2023, the credit card was June 23, then from July that’s when the health issues started and I managed to get a payment plan in place.
Thanks for the assistance I will send to FOS now.
Bc says
The AA have said response is still the same but did add I could send to FOS and provided details, so I have sent it over and also had a response to say their taking the vanquis loan complaint, they seem to be taking slightly longer than the 7 days to get allocated but none rejected so far,
Sophia Carney says
Hi Sara,
I’ve complained to Natwest but had it rejected.
In 2015 I took out a £300 overdraft, between then and 2017 it was increased to £2,000.
In 2018 when I was 22 I took out a £4.5k loan
I was irresponsible with money, didn’t understand interest.
Along side all of this I also had a £2k Natwest credit card that I maxed out and only ever paid the minimum payment. Natwest are saying they have no evidence that I ever had a credit card but I definitely did.
Is this something you would take to FOS? I was only on a wage of £1,450 a month it definitely wasn’t affordable for me.
Sara (Debt Camel) says
do you still have the natwest account?
Sophia Carney says
I still have the Natwest account my overdraft and Loan was on. I balance transferred the credit card to a Virgin one on 31st July 2020
Sara (Debt Camel) says
so if you were paying the Natwest card from your Natwest bank account, the monthly payments would be showing before the balance transfer?
Ask NatWest for copies of your bank statements from start of 2018 to end 2020
how many days a month are you in your overdraft?
what have you complained about & what has natwest rejected?
Sophia Carney says
Hi Sara yes that’s correct, I’ve since informed them that I have my statements and can see I paid my Natwest Credit card each month from my Natwest account.
I was in my overdraft every single day of the month. I would receive my wages and still be in my overdraft.
I have complained that I was constantly in my overdraft and was still accepted for a 2k Natwest credit card and a 4.5k Natwest loan.
I only ever made minimum payments on credit card. I received help from a family member to partially pay my loan. I then did a balance transfer with the rest and I am still paying this off.
It was completely unaffordable on my wage, I spiraled and never got out of debt. I’ve complained that their lending was irresponsible.
Sara (Debt Camel) says
and Natwest have rejected all three complaints, about loan, overdraft and card?
Sophia Carney says
Yes I received a final email last night after 5 weeks, saying there is nothing they can do. I then received a text this morning to say my complaint is now resolved when it definitely isn’t.
Steve says
Hi Sophia
I had over 21k in loans with natwest they rejected my complaint even with extra evidence and the fact they upheld a credit card complaint.
I found them very unhelpful and the speed they rejected my claim said they did not even look at the extra information so it’s now with the FOS
Sophia says
Thanks so much for this Steven! Do you mind me asking when you sent it to FOS? I’ve heard it can be a lengthy process
Steve says
Dealt with the FOS a few times for PPI complaints your looking at between 3 to 6 months usually to get a final decision.
They give you and the company a couple of weeks to supply information they are easy to deal with.
Nothing venture and nothing gained NatWest made me laugh with my last letter we don’t uphold but hope you don’t see the need to contact the FOS
Sara (Debt Camel) says
Then I suggest you send the complaint to FOS!
Sophia Carney says
Hi Sara,
When Natwest sent me their final decision letter rejecting my claim I replied requesting to make a SAR and to be sent details of my loan. I also advised them if they look at my account they will see I was paying the minimum payments on a credit card that they claim I never had, these could be seen on my statements.
They have today sent me another email, saying they still reject my claim but have sent me £50 as a good will gesture? I’ve already done my FOS claim but should I do anything else from here?
Sara (Debt Camel) says
just tell your FOS investigator what has happened when they pick the case up
Fran says
Hi Sara,
Not sure if this is the correct thread for this comment so I do apologise if not. I recently submitted an irresponsible lending complaint to lending stream for some payday loans I had back in 2019/2020. I leant 3 times in 2019 as well as having recent credit card applications and then twice in 2020, in fairly quick succession, again, after opening new credit accounts elsewhere. They have come back and said that they only agree the last loan was unaffordable and have offered to refund the interest for the last loan only but have disagreed with the other 4. Is this worth pursuing or leaving? The interest back on the 5th loan is only 1/4 of what I paid in total for all loans. The loans were paid back monthly and on the final payment of the loan, a new one was taken out the month after. Should this have been identified as a reliance on credit?
Thank yoi
Sara (Debt Camel) says
what were the sizes of the 5 loans, can you list them in date order?
Bc says
Hi Sara, had this reply from the Zopa credit card complaint today only taken,2 days but waiting to see what they come back with as checked and there’s still £389.82 left but they’ve cancelled the card and contract.
Just to let you know, we are looking to uphold your irresponsible lending complaint. As we are looking to do this, we would need to apply a default to your credit card to be able to remove the remaining interest. Rest assured, this will only default the agreement and will not have a negative effect on your credit file.
We will be removing the information from your credit file regarding the credit card that we will be upholding. You may receive correspondence in the meantime stating that your credit card agreement has defaulted. Please ignore this correspondence as these are the steps that we will be taking to uphold your complaint.
Once the necessary steps have been completed, we will contact you with a final response letter in the coming days.
Bc says
Zopa have come back and interest and charges total £206 they have advised that this will be set off against the balance and advised to arrange a payment plan for the balance.
Quite happy this is another one on way to cleaning up my finances.
Alison says
Hi Sara, I’m just about to put a complaint to Zopa for a £20k loan taken out in July…can I ask them to freeze future interest to make it slightly affordable?
I’m on the verge of going foe DMP route, which i know will make me around £800 better off per month, but I’m super scared of the credit rating impact and…the impact on my husbands rating as we have 2 joint current accounts and a joint mortgage…
The whole debt thing (around £70k, 3 loans and around £30k in credit cards) is seriously keeping me awake…my husband lost his job 2 years ago and we’ve been struggling, but I just keep shifting and increasing my debt.
He recently started a new job but his net pay is nowhere near what we need to cover our priority payments plus his own debts (nowhere near as bad as mine).
Also he knows I have debts, but not the amount…I’m increasing it every month just to feed family and fuel the car.
Sara (Debt Camel) says
If you win the Zopa complaint, all interest will be removed and no more will be charged – the standard template in the article above is all you need for this.
who is your mortgage with?
who are you talking to about a DMP – I hope it is a firm that doesn’t charge as any fees like Stepchange?
if your debts are going up every month then a DMP sounds essential. You cannot rely on the Zopa complaint going through quickly and being won – a DMP gets you into a safe financial space where you can send complaints to the Ombudsman (often necessary) and wait many months for the decision.
These complaints are a GREAT way to speed up a DMP. You should consider complaints against ALL the debts going into the DP and any other debts that you have recently cleared.
I also think you should talk to your husband anut the situation – these debts have been run up keeping the household afloat. And if he has debts he should also consider affordability complaints and a DMP/
Alison says
Hi, mortgage is with Yorkshire Building Society…we have 5 years left. It is StepChange that I have been talking to, but paused it last week…the poor credit rating is terrifying me, as is telling my husband 🥲
Sara (Debt Camel) says
You will be able to get a new fix from the Yorkshire Building Socoaey no matter how bad your credit rating is.
Your husband isn’t in a good position to complain about the high debts as they stem from his job problems and you using the money for essentials, but he may be hurt you didn’t tell him earlier. This gets worse the longer you leave it. There is no way you can clear 70k of debt without him finding out. Telling him now, when you have a plan (DMP plus affordability complaints) is best.
StepChange are good. Don’t wrack up more debts trying to pay the current ones – that is madness.
Alison says
Hi Sara
So, I plucked up the courage this morning…we are going to go down DMP route for me initially.
Can I ask advice re defaulting on payments before the DMP is set up? I will struggle with the payments this month, but also keen to get the default on my credit file sooner rather than later.
Or…should I meme the payments this month, which will mean using my credit card for food etc.
Thanks so much for the push in your reply yesterday! Just what I needed x
Sara (Debt Camel) says
Well done!
I always suggest concealing the payments now. You can’t afford them – getting deeper into debt is pointless. Save up any spare money you do have as an emergency fund – this will make life on a DMP much easier.
Do you have any joint debts? Do you need to change your bank account?
Alison Stewart says
Only joint debt is our Mortgage, but we have 2 joint bank accounts…one is for the household bills (mortgage etc…none of my debt is paid from this one) other is really my personal account but I added my husband to benefit the travel insurance etc that comes with it.
Will I need to create 2 new accounts…1 just for me and the other a joint or is our joint ok?
Sara (Debt Camel) says
Are any of the debts that will be going into your DMP owed to any of the banks you bank with?
Alison Stewart says
I have one credit card (only £600 for emergency car repair) but can move the balance beforehand. I have been in touch with StepChange to advise that some of the creditor info is incorrect.
Alison Stewart says
Just to be sure, if my credit card is zero the the bank my current account is with, I can keep the current account open? All my other debts…credit cards & loans are not with my bank.
Sara (Debt Camel) says
yes – indeed you should be able to leave that credit card out of the DMP. But you do NOT want to use a credit card for an emergency fund going forward. Thta is why you need to start saving one up.
And your StepChange budget should have a line for car servicing? When the DMP is going, that amount of money should be saved every month until it is needed. Ditto for dentists and xmas and clothes etc,. Have a look at getting a Monzo or Chase account – they let you have “named” savings post which can make this a lot easier.
Alison Stewart says
Thanks so much Sara!
I have just cancelled my DDs for 3 loans while my DMP gets set up as I absolutely cannot make the payments. Should I keep my CC payments or cancel now too…the non payment would give me a bit of a buffer to start off the New Year as savings for emergencies x
Sara (Debt Camel) says
i would cancel them all.
Alison says
So, Zopa have rejected my affordability complaint…I will write to Ombudsman now…their argument is that their calculation of my net income should have meant loan was ok. No mention of my other debt and their estimate of my net pay is £1k more than I actually receive after pension and tax.
Joshua says
Hi Sara,
In 2019, at the age of 20, I was granted a £23,000 personal loan by Lloyds Bank at an APR of 15.9%, with monthly repayments of £441.85 over 7 years. At the time, I was living in my £2,300 overdraft and struggling financially. Prior to this, I had taken out high-interest HP finance through Motonovo and loans from Zopa, which Lloyds could have seen on my credit file. Despite this, Lloyds offered me loans of up to £50,000 in the same year via automated emails.
In 2023, I lost my job and entered a 3-month debt management plan, during which I logged the mental health impacts with Lloyds. I eventually settled the loan by selling my car and borrowing money. I have since struggled significantly due to the burden of these loans.
Do you think I have a strong case for irresponsible lending to raise with Lloyds or escalate to the Financial Ombudsman?
Sara (Debt Camel) says
what month in 2019? did you clear the overdraft, zopa loans, car finance with it?
who did you borrow from in 2023?
Charles says
Dear Sara, You seem to the guru of all things affordability related, so please can I ask you about my Bamboo loan?
I took this out over 4 years ago, not realising at the time that the interest was almost completely front-ended.
This meant that for the first 4 years or so of repayments, I was simply just paying off the huge interest.
The loan I took out was for £5000, and the interest I have paid is over £11,000, with some morew to come. The capital remaining is now down to about £900.
This is literally the worst loan that I could ever have taken out. It has caused me endless sleepless nights and anguish, and I have been angry at myself for falling for such a devious front-end interest trick.
When I took the loan out, they asked me some questions about my income, but they didn’t ask to see any bank statements etc.
Do you think I might have an affordability case against them?
Thanks, Charlie
Sara (Debt Camel) says
Almost all loans charge interest like this, it isn’t a devious trick. The problem is Bamboos horrendous interest rates not how they charge the interest.
If repaying the loan has been hard, causing you to borrow more elsewhere (eg using a credit card or overdraft) as paying Bamboo leaves you short, then make a complaint. But don’t mention front loading interest, that doesn’t help at all.
Charlie says
Hi Sara,
Thank you for your advice.
I have had quite a few loans over the years, and I don’t think any have been structured this way with all of the interest repaid up front before the capital is reached.
The loan was £5000, and they immediately added £11,700 to the account, so that the loan on my credit file appeared instantly as a loan of £16,700 rather than a loan of £5,000. Is this normal? The effect was that it restricted my access to other capital loans, phone contracts etc. as the lenders thought I had a loan of £16,700 rather than £5,000. To get additional lending therefore, I could only access very high interest loans going forward. Your thoughts on this would be appreciated.
Sara (Debt Camel) says
If repaying the loan caused you problems, make an affordability complaint about it.
But talking about how the loan is reported will not help you win an affordability complaint. And anyone reduced to borrowing from Bamboo probably already has a poor credit record.
Carl says
Hi, I have three loans with MBNA.
9000 – 54 months at 191.51 repayment a month – 36 months remaining
7000 – 60 months at 144.74 repayment a month – 52 months remaining
4500 – 24 months at 215.99 repayment a month – 19 months remaining
Whilst it is a bit of a struggle and I have around 600 left for the month after all outgoings; would you say I’m in the category for making a complaint?
Thanks
Sara (Debt Camel) says
“I have around 600 left for the month after all outgoings”
is that after paying all the household bills, everyday expenses and your debts?
Carl says
600 left after all bills paid for food and my dog yes. :)
Sara (Debt Camel) says
That is after paying all your debts including the MBNA loans and all regular monthly bills like broadband and mobile?
so 600 has to cover not just food but toiletries, cleaning stuff (shampoo, loo rolls, bleach etc), transport eg not just petrol but car insurance, road tax, MOT, servicing, parking? Other annual bills such as TV license? An amount for haircuts? clothes? dentists? prescriptions? gifts? entertainment, replacing household goods? pet insurance, grooming?
if this “is a struggle” what is the money going on?
RJ says
Hi Sarah,
I was wondering if you could offer some advice.
I am looking to submit a claim against everyday loans. I took out a loan for £2000 and after a year I applied for a top up loan for £3500. I have never been late for any payment however all my other loans and credit cards have not been upto date and have started to default. When i took the loan with everyday loans they requested bank statements and one month had large gambling activities off £1000. Do you think i have a claim for irresponsible lending as despite the gambling activity no further checks were done. I provided 3 months worth of statements at the time of loan application.
Kind regards
Sara (Debt Camel) says
What dates were the loan and top up taken?
You can only get a refund for loans from EL that started after March 2021
D says
Hi Sara,
Our lender has finally agreed with the FOS that their loan was unaffordable. The FOS has found the lender should
Pay £250 compensation;
– Recalculate the settlement balance of the loan to remove all fees and interest
charged;
– Pay the difference between the revised settlement figure and the amount they actually paid to redeem, adding simple annual interest of 8%*
running from the redemption date to the date of the refund.
– Remove any adverse credit entries in relation to this loan
This was a £25k loan, and we repaid in total £48k, the lender is now saying that their calculations are we are owed £3k, this is not my understanding, is this correct?
Thank you in advance.
Sara (Debt Camel) says
so this loan has already been settled?
is this the secured loan that consolidated a previous loan?
D says
Hello Sara, yes already settled and is the secured loan that consolidated another, thank you.
Sara (Debt Camel) says
was just the second loan upheld?
D says
Hi Sara, no, both have been upheld. Thank you. One redeemed with secured loan. We then settled secured loan with mortgage 3.5 years later. Thank you
Sara (Debt Camel) says
ok would you like to talk through the numbers? Obviously the 3k offer sounds very low…
How large was the first loan – ignore the added interest. How many monthly payments of how much did you make?
How large was the second loan? Do you know how much of that was used to settle the first loan and how much did you get in cash?
How many payments did you make to the second loan and how large?
Do you know how much of the remortgage was used to settle the second loan?
Alexandra Edwards says
Hello,
I have just submitted an affordability complaint to Likely loans, I took out a £1000 loan in 2019. I paid £1753 back in total.
Should I expect the £753 + 8% back?
Many thanks,
Alexandra Edwards
Sara (Debt Camel) says
if you win it, yes. The 8% calculation is complex though
Bonnie says
Hi Sara!
I made a complaint to NatWest regarding an unaffordable loan back in April. They responded advising they would not be upholding as I took the loan out online without assistance from staff.
At that time I did not know there was any point in going to FOS because the response was very lengthy and I thought that was that (despite it being unaffordable for me at the time it was issued.)
Since finding your page I realise that going to the FOS is worthwhile!! I am out of the 6 month period – is there anything I can do? Is it possible to complain again and then go to FOS?
Thanks for all you do!!!
Sara (Debt Camel) says
I am sorry there isn’t anything you can do now. If you make a complaint it will just be rejected as already replied to in April
Alley says
Good day all, and hello Sara, I made an unaffordability complaint against a high-interest loan company (118). I struggled every month with the loan repayments but eventually paid it off, though I had to increase borrowing elsewhere to achieve this! They upheld my complaint, stating that the loan should NOT have been granted based on my credit file and that they missed a couple of negative markers. However, they say that no refund is due – of interest or anything else – because the amount of interest in total repaid on the loan was less than the original amount of the loan (loan £4000, interest paid over 2 years £2400). The loan is paid off now so this was a retrospective claim. Is this how it works? Does the interest paid have to be higher than the loan taken? I think is important information to know prior to making an unaffordability claim. Thank you. Alley.
Sara (Debt Camel) says
No that is nonsense. Tell them you want the £2400 interest refunded or you send this to the Ombudsman.
Are you also complaining about other debts? It sounds like you were in a mess with other lending before taking this loan and it got worse afterwards?
Alley says
Thank you for clarity, Sara. I thought that was the case, otherwise what is the point of the unaffordability claims process!? I have emailed the case handler asking for the interest to be refunded, and I’ll let you know how I get on.
Alley says
Hello Sara, I am dealing with one other unaffordability claim with another loan company. I sent in my claim with supporting info, which included my main personal bank account statement. This showed many missed payments etc., and I though it would support my case. The bank has seen that I had another personal bank account and is now asking to see statements from that one too. There is nothing to hide in these statements, but shouldn’t they have asked to see my bank statements before they gave me the loan? Do I have to provide them? Are they next going to be asking me to justify payments and to see other statements? It could go on forever.
Sara (Debt Camel) says
I suggest you send the statements. You don’t have to, but if you don’t this is likely to have to go to the Ombudsman.
Bc says
Hi Sara
The response from fos investigation has advised that Better Borrow information on the checks did nothing wrong so it’s not upheld, however I replied as I didn’t give any authorisation for open banking and I don’t have that option.
This is what I replied with and he’s given to the 30 December to respond.
**”Your monthly income was verified using information obtained from your own bank account**.
I would like to know how they were able to obtain this information when they did not ask for bank statements and I do not have open banking and have never given permission for this access. So if they did access my account why did they not question the gambling and the other credit payments along with using the overdraft.
Sara (Debt Camel) says
Good points to make to FOS. You have supplied your bank statements to FOS I assume?
Bc says
Yes they had them, but I googled better borrow earlier and some fos examples were on saying they hadn’t upheld, I’m going to wait for their response and if I think it should go to ombudsman then I will get it escalated, the one who looked into this came back saying they had done everything correctly and listed what they had checked that’s when I saw about the checking of the account, I really want this one to be upheld as one is paid off and there’s £2700 interest and the second one has been sold to credit security and has a balance of £1200 and there’s £1800 interest which would cover the balance.
I will update when Fos respond
Thanks for your time
Sara (Debt Camel) says
Definitely send to the Ombudsman if adjudicator doesn’t change their mind. These are very expensive loans so they should have checked carefully.
Bc says
Many thanks for your response, I was a bit wary of getting it escalated if it’s the same outcome but I will be asking for the ombudsman to review it if required after their response.
Thanks for your help
Bc says
Sara could you see this response from the one dealing with my complaint as I’m not sure what it means and no further information on the outcome.
I can confirm I have now heard back from Chetwood Financial, and I will be looking to compile an official response that takes this into account.
I aim to have this to you within the next two weeks, but I’ll aim to reply as soon as I can and will look to keep you updated at least once per month if it does take longer.
In the meantime, my contact details are below if you need to get in touch before then.
My office hours this week are 8am to 4pm. This covers today, tomorrow, and Friday as I am on annual leave New Years Day and 2 January 2025.
Sara (Debt Camel) says
it means the investigator is thinking. As I said, send this to the ombudsman if the investigator doesnt change their mind, there is no reason to be “wary” of doing this.
Bc says
Hi Sara, I went onto the Better Borrow site to see if they had information if they used open banking as still waiting for them to reply to FOS and this is on their, Our quick and simple loans have all been snapped up, so we’re no longer accepting applications. Does this mean they are no longer trading or have you any idea why they would put this on.
Regards Bc
Sara (Debt Camel) says
Interesting – their other main lending brand LiveLend has a similar notice. But the bank is still going, they are accepting savings and issuing mortgages. They may just be withdrawing from personal loans. Or may be having a big rethink and rebrand. This shouldnt affect your complaint.
Bc says
Thanks for both updates, I have asked for an update on what they came back with but if not upheld I will get it passed to ombudsman.
Thanks
Fred says
Hi Sara,
Just a quick question about credit files.
I have had a several loan complaints upheld in my favour and some of them have removed the entries completely from my credit file. a couple of others have not and I am now paying an affordable amount each month. However although technically this is not negative mark on my file it is having a negative effect on my overall credit balances and the smaller payments would raise eyebrows on a future joint morgage application. Do you think it’s worth me to ask them to remove it / suppress since my complaint has been upheld
Sara (Debt Camel) says
So they aren’t marking these debts as in a payment arrangement?
Fred says
No, one did but it was temporary then removed.
But I was thinking if I have a loan on my file showing I was making lets say £150 payments for several years and then it went down to £20 etc. I would think this negative. whilst it might seem odd I want to get a mortgage if I have struggled with lending. my partner wants to move and their file is excellent.
I don’t know if the overall balances would also have a negative effect. as they are quite high I am sure they will go through my report with a fine tooth comb
Sara (Debt Camel) says
Getting the loan removed won’t help with a mortgage application as the mortgage lender will still see the payments being made on your bank statements. This applies to the other loans that have been removed as well.
How large are these balances now? You really want to get them cleared before a mortgage application.
PJ says
Hi Sara,
Thank you for your very helpful guidance. I have a query please before I make my complaint to Monzo about an unaffordable loan.
For background – I took out a personal loan with Monzo of £15,000 which has subsequently gone into a payment arrangement since last year. I am slowly paying it off, however my credit file is wrecked because of the missed payments. They have rejected my initial complaint, stating that their affordability and credit passed. However the income I disclosed was higher than my actual income at that stage. As somebody who is self employed my earnings fluctuate and the income disclosed was my expected income for the year which didn’t happen and then caused the affordability issues. Monzo never verified my income and provided the loan without any further evidence. Does this impact my chances of being successful? Is there a way / something I should say specifically to better my chances?
Thanks in anticipation!
Sara (Debt Camel) says
I suggest you send this to the Ombudsman now. It’s very unusual for a bank to change its mind after rejecting a complaint.
Was Monzo your bank?
PJ says
Thanks for your quick reply Sara. Monzo was my secondary bank, Natwest were my main bank. The initial complaint didn’t include bank statements from Natwest to demonstrate income/expenses or the further detail included above. It is nearing 6 months since the initial complaint so thought to put in a new one, even if it then means going to the Ombudsman afterwards. My friend had an overdraft complaint which she then took to the Ombudsman just shy of 6 months after her bank rejected her initial complaint. The Ombudsman refused to look at the complaint as they deemed it too late after the event, even though it was technically within 6 months. So not sure! Any thoughts / recommendation? Thank you!
Sara (Debt Camel) says
You can’t start a second complaint, it will just be rejected as already been answered
Ignore what happened to your friend. FOS has changed the way it handles some complaints when the loan was taken out over 6 years ago.
If you are within 6 months from Monzo’s rejection, you are still in time to go to FOS. But don’t go back to monzo as the clock is running – also banks hardly ever change their mind.
Instead send the original complaint to the ombudsman asap.
Kelly says
A big thank you for the advice given above. I used the template provided to raise an affordability complaint to my bank for a loan. I did not need to provide any other further information or documentation. After 1 initial phone call with the bank, within 1 month, it has been resolved and I was compensated £5,700 from the interest paid.
Bc says
Hi Sara, following my question to the investigator regarding how Better Borrow accessed my account, I have had a response and the investigator is not budging saying they didn’t do anything wrong,
income, is provided by banks to the credit reference agencies (CRAs), on a monthly basis. This includes the sum of income received into a customer’s account but does not include any information on expenditure or detailed transactional breakdowns. So, Chetwood Financial would not have been able to see any gambling.
Furthermore, only banks and lenders that provide CATO data to the CRAs are eligible to receive income information obtained from using this data. So, when you applied for your loans, your income was verified using this tool and, on both occasions, the results from CATO returned a green flag. This meant your income was consistent and sufficient in line with Chetwood Financial’s lending criteria.
So I’ve emailed back saying I want it to go to an ombudsman,
Sara (Debt Camel) says
how large were the two BB loans?
at the time you took them, had your other borrowing been increasing?
Bc says
I also had two loans with Zopa which are also with Fos.
Loan 1
November 2021
£3,700
37.9%
36 months
£161.13/month repayment
Debt consolidation
Loan 2
December 2022
£3,200
27.3%
36 months
126.19/month
JH says
What’s the usual timescale for redress payment? Lloyds Bank have offered, through the Ombudsman, to settle my complaint with a refund of interest and 8% interest on top, which I have accepted. The Ombudsman has passed my bank details onto Lloyds for payment, but I’m not sure what will happen next – will they contact me first, or just pay straight in? How long should I wait?
Sara (Debt Camel) says
Is the debt still with lloyds, or has it been sold to a debt collector?
Dave says
Sent a complaint to FOS about 118 Money in the summer last year and was shocked that it was rejected by the adjudicator so asked for it to go to an Ombudsman, had a response today that they have upheld in full. I nearly didn’t bother asking for it go to an Ombudsman’s as didn’t think they would disagree with the adjudicator so it’s worth doing if you think you have a strong case which I did.
The same adjudicator rejected my complaint with Vanquis which is also now with the Ombudsman so that gives me further hope.
Just for info the reason my complaint was rejected was because I always paid back in full each month, ignoring the fact that I took out larger loans or had big winnings from gambling to be able to do that.
Sara (Debt Camel) says
well persevered!
Paddy says
Hi.
I took van finance on March 2021 for 45 months. I stated on the call at the time that I would struggle with epayments of £375pm but was advised that if I sell my current van (at the time) I could put a payment towards finance to lower payments. This did not happen as the van I planned on selling broke down and was going to cost more to repair than what I would have got for selling it.
I have struggled incredibly to make payments, often missing them. I did have to make a repayment plan which was to pay £450 to help towards the arrears, again struggling to pay and missing other debts to pay it.
I have today received a letter to advise they have terminated my agreement and offered me the opportunity to consent with repossession of the vehicle and advised I would still be responsible for the outstanding payments.
Agreement – £21,873
Paid – £15,088
Left to pay – £6,784
Can they do this?
Can I log an unaffordable complaint?
Sara (Debt Camel) says
Talk to National Debtline on 0808 808 4000 about whether you have any other options at the moment apart from having the van repossessed. A lot may depend on the rest of your finances.
You may also be able to make an affordability complaint about this, but this will not help you with the immediate decision about what to do and it will not stop the van being repossessed. So sort the immediate issue as best you can and then think about a complaint.
Philip says
Hi Sara,
I sent an affordability complaint to Admiral Money for a £20,000 loan I took out with 14.2% APR with monthly payments of £542. Took the loan out in April 2023. Admiral have sent me the final decision today not upholding the complaint as they deemed that it was affordable from the credit checks completed at the time.
In my complaint I sent them three months bank statements which show that I was permanently in my overdraft (yes I had a regular income). There were multiple gambling transactions on the bank statements and also money transfers from credit cards to increase my regular cash flow. They believe it was affordable and that I could afford the monthly payments. They think that the money transfers were me moving money from a different bank account. My credit file was good as I was paying all my monthly payments on time but using money transfers to ensure I had the cash to do so. I am now in a DMP with Stepchange. Should I refer this onto FOS?
Sara (Debt Camel) says
definitely. If there was a lot of gambling on the statements they saw, they should not have given you this loan
Sara (Debt Camel) says
Also look at affordability complaints against other debts in your DMP and any other debts you closed in the last few years. Admiral may be the largest, but every couple of hundred back will speed up your DMP!
Philip says
Thanks Sara. I have forwarded the Admiral complaint to the FOS. The gambling is on the bank statements but they did not check these as part of the approval. They have only seen these as part of my complaint. Yes I have completed complaints for all Credit Cards, Overdrafts and Loans. Barclays Overdraft refunded £3800, MBNA refunded £1500, Virgin and HSBC did not uphold the complaint so these have been sent to FOS. Post Office Loans have not responded and it was 8 weeks yesterday.
Sara (Debt Camel) says
This was still a very large loan so they should have checked carefully
Philip says
I have forwarded complaints onto FOS. I finally had a written final response from Post Office Loan today who have also rejected my complaint. Post Office seem to be the only debt badgering me for missed payments even though I am in the DMP. The comments in their final response talk about missed payments and that this is reported to credit agencies. Is this normal or should I be worried?
Sara (Debt Camel) says
It sounds a bit as though they haven’t noticed the DMP. I would wait until the affordability complaint at FOS about this is sorted.
Peter says
Hi.
Can you put in complaints against existing lenders please? And if so, how might this work in terms of current payments and outstanding balance if I was successful?
Thanks
Sara (Debt Camel) says
is this a loan or car finance?
Peter says
These are unsecured personal loans with companies like Novuna, Zopa & Updraft. I’ve been able to take out 4/5 quite large loans over a 15 month period.
Sara (Debt Camel) says
Making a complaint doesn’t harm your credit record if you carry on making the minimum payments while it goes through, with the lender or the Ombudsman.
If you win a case with a current loan, the interest is removed, so you only repay what you borrowed. e.g. you borrow 5k, interest added 3k. After 18 month you have paid 2.4k in monthly payments. If you win the case you only need to repay in all 5k and you have already paid 2.4k so the balance is reduced to 2.6k and you can now make a payments arrangement to clear it at a lower rate.
If you were further into the same loan so you have paid 5.8k in payments, that is more than you borrowed so the balance is cleared and 800 is refunded to you in cash.
Clear?
Where you have taken out a series of loans, the case against the later loans is stronger, as they should have seen you already had the previous loans.
if you used any of the loans to clear other credit card or expensive debt, also look at affordability complaints against that cleared debt.,
Peter says
Absolutely clear. Thank you!
What should I ask them for in my letter in terms of refund? A full refund of payments already made or a refund of interest paid and for future interest to be removed?
Sara (Debt Camel) says
Just use my normal template, you don’t have to spell this out, it’s standard
Peter says
Thank you. I started this off last night and sent in complaints to Creation, Zopa, Updraft and Novuna. I had a lot of loans over the a 12-18 month period that were approved in relatively quick succession. The last one was £15,000. I really hope that this gets somewhere.
If it goes to the FO, as I anticipate that it will, are the waiting times for this significant?
Sara (Debt Camel) says
Most are 3-8months, some a few months longer typically.
A few shorter (if the lender pops up and offers to settle immediately, which occasionally happens) and a few longer than a year if there is something specific about a complaint which is causing delays.
Steve says
Hi Peter
I have dealt with both Zopa and Novuna both were easy to to deal. Novuna upheld both of my loans in around a month and Zopa took about 6 weeks to reject so that’s now with the Fos.
I sent to them at the start of October they have acknowledged it emailed me at the start of January just saying still not assigned to an adjudicator due to volumes.
Good luck with your complaint.
Steve
Paul says
Hi
how can i get a copy of my credit report *showing what it was/looked like) at the time I took out the loan? I can only get one for now.
thanks
Sara (Debt Camel) says
you can’t, unless you happen to have opne saved. Almost no-one does. How long ago did you take out this loan?
Paul says
I took one smaller loan out in jan 2023 and then they gave me a larger one in august 2023. Is it good to ask them what checks they did on me? also, when the loan defaulted a few months ago they sold it on at the full amount payable that would have been if i had paid the loan over the full five years, so at the time of default for example, i owed approx 6500 (if i settled it that day) but they sold the debt on at the full amount payble over the full term – so now I owe 10500 to the collector.
thanks
Sara (Debt Camel) says
Who is the lender? have you actually made a complaint?
Paul says
Hi, lender is updraft. No I haven’t made the complaint yet. Thanks
Sara (Debt Camel) says
I think you are overthinking this. Send in a complaint about both loans immediately. It doesnt matter if they say they did great checks – they got them wrong…
Jade says
Hi,
I took out a car loan in sep 23 from admiral. I submitted an affordability complaint, stating that at the time of the loan, I had multiple credit cards that had high credit utilisation and had to take out two further loans in the months following this car loan. They have come back with a response stating they were aware of my existing debt at the time but because a car is deemed a ‘necessity’ and because I had kept up to date with the repayments on my credit cards at the time and within the credit limits, they don’t view this as irresponsible lending. All my cards at the time were 90-95% credit utilisation, is this worth pursuing with the ombudsman?
Sara (Debt Camel) says
yes it is!
how far through this finance are you?
Jade says
It’s wasn’t taken out as a car finance, it was taken out as a loan and then I used this to buy the car so the loan is not associated with the car. They asked on the application what the loan was for, and this is how they know it was for a car, but in reality, I could have spent that money on anything because they never asked for any kind of proof of what I spent it on.
The loan ends in September 2026 so not quite half way just yet
Sara (Debt Camel) says
OK so this is a normal loan, no need to worry about complaining about it at any point and losing the card.
Admiral’s point is entirely wrong – they cannot do a more lax affordability check because you want to buy a car, the ombudsman would not agree with that. So send this straight to the Ombudsman.
Anna says
My husband took out finance in a car in April 2022 £801.99 a month payment. Ridiculous amount I don’t know why please be kind. June 2023 he lost his job and called to speak to them about what he could do- they said he couldn’t return the car without paying £21000 which he didn’t have. He carried on paying using our savings (not telling me until they’d gone) then tried to return it again.they agreed to take it back December and he surrendered it in excellent condition. And they said he owed a further £14,000 He paid £188.79 a month via PayPlan after that then they sold the debt to dfw they went for a ccj on him and now a charging order despite not missing any payments he has mental
Health issue and is on depression medication he’s been struggling badly through this. I have complained they now want clarity on the complaint and I don’t know what else to say. This seems unfair harassment when he’s already told them he was struggling really early on. any advice at all? I don’t know what to do now
Sara (Debt Camel) says
Sorry to hear this. It is more difficult to anything after a CCJ but some questions to see what may be possible:
1) do you think the original car finance was unaffordable from the start, before he lost his job?
2) who was the car finance lender?
3) did he tell them about his mental health problems when he spoke to them?
4) did he tell Payplan about his mental health problems?
5) did he defend the CCJ or just let it go through? did he ask Payplan about this?
6) how large are his other debts that went into the DMP?
7) does he have a house with equity?
Anna says
Thank you,
1) do you think the original car finance was unaffordable from the start, before he lost his job? Yes he was in his overdraft and his cards were maxed out. I was surprised he got it, I paid off his cards in August that year when he was suicidal by getting a loan.
2) who was the car finance lender? Hyundai partner finance
3) did he tell them about his mental health problems when he spoke to them? Not at first, I told him he needed to tell them. When he handed the car back he did then
4) did he tell Payplan about his mental health problems? Yes they know
5) did he defend the CCJ or just let it go through? did he ask Payplan about this? He didn’t contest as he thought it was his fault and he owed the money so just let it happen.
6) how large are his other debts that went into the DMP? £19800
7) does he have a house with equity?yes it’s shared ownership 45% and there is equity which half is mine
Sara (Debt Camel) says
ok so I am not saying this will be easy, but you have nothing to lose by pushing this as far as you can.
If your husband is up to it, you can draft emails and letter for him to send. It is important that he lets you know when there are any replies and doesnt give up.
If he isn’t, You can write on his behalf but he will need to write a letter to each firm saying he authorises you to correspond and deal with complaints on his behalf.
I’m just going to say “you” here, but really I mean him OR you writing on his behalf
1) I think you should talk to National Debtline on 0808 808 4000 urgently to see if they can see any reasons to “set aside” the CCJ. This is a long shot, but you have never been given proper debt advice on this and I think you should do this asap. If it is possible to set it aside, then making an affordability complaint will be much easier.
2) I think you should send Subject Access requests for a copy of all his personal information, including all phone recordings to Hyundai (write to them at 86 Station Road, Redhill RH1 1SR), to the debt collector that took you to court for the CCJ (if you let me know their name I can find an address), and to Payplan (email dpo@totemic.co.uk)
3) I think you should kick off any other affordability complaints against the other debts in his DMP. There are different templates for different sorts of debt https://debtcamel.co.uk/tag/refunds/. There is no reason to delay this, they may take a long while so get going on them
——————————————-
after these 3 things, and assuming National debtline doesnt suggest a set aside has a good chance of succeeding…
4) you need to read the SR infro from Hyundai to see if there is any mention of your husband’s mental health issues. If there is, did they inform the debt collector it was sold to? And does it show in the SAR for the debt collector?
5) depending on what comes out of that, choose between complaints to Hyudai (for unaffordable lending and possibly failing to tell the debt collector who bought the debt about your husaband’s mental health), complaints to the debt collector for going to court very fast even though they were aware of your husband’s mental health problems, and a complaint to payplan that they failed to inform you that you may be able to make an affordability complaint which may have stopped Hyundai selling the debt.
Anna says
Thank you I’ll start this now. The other company is dwf law
Sara (Debt Camel) says
Then email GDPR.enquiries@dwf.law and ask for the SAR
T P says
Hi all,
I submitted an affordability complaint to the financial ombudsman about Specialist Motor Finance. The adjudicator upheld my complaint but SMF rejected/appealed it. It has now gone to an Ombudsman who will make a final decision. I reached out to my point of contact in the Financial ombudsman and asked how long the ombudsman would take to make a final decision. They said they do not have a time frame but would provide an update once every 2 months. This has got me worrying that it is going to be a very long and drawn out process. I originally complained to SMF in March 2024. Has anyone else been through this? How long did you have to wait from the adjudicator handing the case over to an ombudsman to getting a final decision.
Thank you :)
Sara (Debt Camel) says
I would say 2-4 months is common, some less, some more.
Sammy says
Hi Sara
I was wondering if this would apply to an NHS Credit Union loan?
I originally had a loan of £5,050 in April 2023 and then applied for a further £4,800 in November 2023. The first loan was used to pay off debt (overdrafts, credit cards etc) but fell back into habits and took a second loan out to pay off that debt and now i’m in £8,020.79
Thanks,
Sara (Debt Camel) says
Yes it does.
And also look at affordability complaints about the debts you cleared, the overdraft, cards etc.
Sammy says
Debts I cleared? Would I be able to make an affordability complaint about stuff that is cleared?
I did have a Glasgow Credit Union Loan and that has recently been cleared..
Sara (Debt Camel) says
yes, anything that has been cleared in the last 6 years you can potentially make a claim about. This applies to loans, cards and overdrafts.
There may be a problem about producing evidence if the borrowing started a long time ago unless you have, or can get hold of, your bank statements for that time.
Sammy says
I originally had a GCU loan in 2019 which was used for a funeral.
I then applied for one in February 2021 – this was approved. I then applied for a top up in March 2021, again this was approved. I then applied for another top up in June 2021 and this was unsuccessful.
I applied for another top up i’m sure? in June 2022, this was successful. I then applied for another top up in July 2022 – this was unsuccessful.
I then applied for a top up AGAIN in April 2023 and was successful. I then applied for another top up in November 2023 and this was unsuccessful. I also applied for another loan in September 2024 and this was unsuccessful too.
I’ve had missed direct debits and paid late quite a few times..
As you can see, I’m not the best with money😬, actively working on this though..
Would I have a chance with the above?
Thanks Sara,
Sammy
Sara (Debt Camel) says
It may depend on the dates of missed and late payments, but this seems well worth a try. Complain about them all.
but have you also complained about the debts you cleared with these loans?
Bc says
Hi, hopefully you can advise, I have affordability complaints going on with Fos against Zopa for two loans, Zopa upheld the credit card. I’m now on a payment plan for the loans but when I received the email with the details I noticed that the balance on the first one was £6000 less than is detailed on the app I have and the second one is £650 less than the app balance. I have sent both emails to FOS so he could see I’ve entered a payment plan, but I’m not sure what to do about contacting Zopa about the very large differences in the balance’s, the app has all the details of the payments made so I’m not sure whether to get back to them or just wait the outcome from fos as if it’s upheld and he uses the figures from their own balance used then I would get more back, please let me know what you think is best to do.
Sara (Debt Camel) says
when I received the email with the details
what email was this? from who?