The Financial Ombudsman won’t look at complaints about two payday lenders, Swift Sterling and Pounds Till Payday, because these are not UK firms regulated by the Financial Conduct Authority.
Swift Sterling, Pounds Till Payday and My Money Partner were trading names of Northway Financial Corporation Limited, a Maltese company.
Can you get a payday loan refund? looks at how to complain to a UK regulated payday lender if you were given an “unaffordable” payday loan. But that article and its template letters don’t apply to these two Malta-based payday lenders, so this article looks at what your options are.
What has happened since this article was first published
- December 2015 – the websites and brand names were bought by an FCA-authorised UK company, MMP Financial Ltd.
- January 2016 – the Financial Ombudsman said the MMP take over hasn’t made a difference to complaints about previous loans from Swift Sterling and Pounds Till Payday, and these complaints have to be made to the Maltese regulator, not in the UK.
- After this, people started complaining to the Malta Financial Services Authority (MFSA). There are lots of comments at the bottom of this article about this.
- May 2016 – the MFSA ordered Northway, the lenders’ parent company to refund interest for a few readers who then received cheques.
- the Consumer Complaints Unit within the MFSA is being phased out and replaced by the Office of the Arbiter for Financial Services.
- November 2016 – the FCA is making MMF, the debt collector that has bought many Swift Sterling and Pounds Till Payday debts, refund many customers for its poor debt collection practices, see the bottom of this article.
- December 2016 – Northway has offered to pay some compensation to some more customers.
- April 2017 – the MFSA has told people with active cases that they have been closed and complainants have to go to the Office of the Arbiter for Financial Services. This will feel like more bad news and delays, but apparently the Office of the Arbiter can issue binding rulings in relation to complaints. So hopefully Northway won’t just ignore these decisions as they have been ignoring MFSA decisions. I don’t know how you can enforce a binding ruling in Malta
For the latest on what is happening, see the Comments section at the bottom of this article.
Why can’t you take these complaints to the Financial Ombudsman?
Both Swift Sterling’s and Pounds Till Payday’s websites said in their Complaints Procedures:
“At this stage, if you are dissatisfied with the delay or we have not been able to sort out your complaint to your satisfaction, you can escalate your complaint to an external body (see below).
Step 3 – If you remain dissatisfied
It is important that you give us the opportunity of addressing your concerns first before escalating your complaint as they will only consider your complaint after we have had the opportunity to sort out the matter under our internal complaints process.
You may ask the Financial Ombudsman Service to review your complaint. You should contact the Financial Ombudsman Service within 6 months of receiving our final response letter. Their details are below: [full address and email details for the UK Financial Ombudsman]”
One reader has received the following reply from the Financial Ombudsman:
“Unfortunately Pounds till Payday don’t have offices in the UK and as a result we are still unable to look at complaints about them. As you said below, their offices are based in Malta and they are regulated by the Malta Financial Services Authority. I’m sorry their website seems to suggest otherwise.
Thank you for sending me the page on their website which specifically directs people to bring their complaints to us … I have spoken to a colleague and we are going to contact Pounds till Payday to ask them amend this. I agree this is misleading borrowers.“
(The websites have now been changed, but here is a snapshot taken in November 2015.)
So if you wanted to complain that one of these lenders gave you a loan that was unaffordable, you have to go through the Maltese regulators, not UK processes.
You may think this is never going to work… But if you read the comments below you will see that several readers have managed to refunds – some of them large – after going through the lengthy process of appealing to Northway (Swift Sterling and Pounds Till Payday’s parent company) and then the Maltese regulator. It has taken many months but with perseverance you may get a good result.
Definitely misleading!
Did Northway really think the Financial Ombudsman will look at these complaints? Or were these incorrect complaints procedures included on the two websites to give the appearance of respectability by suggesting that the payday lender was subject to some UK regulation?
In the USA, Northway is being sued by the Consumer Financial Protection Bureau which alleges it is part of a group of payday lenders that:
- made false threats to consumers;
- deceived consumers about their debts; and
- used illegal wage-assignment clauses:
Has your debt been sold to Lantern (used to be called MotorMile Finance)?
Swift Sterling and Pounds Till Payday have sold many defaulted debts to the UK debt collector MotorMile Finance (MMF), which changed its name in 2018 to Lantern. In November 2016 the FCA has made MMF offer a redress package to many customers because of poor way it has handled debt recovery, so if your debt is now with MMF, read MMF – can you get a write off or a refund?
Claims against Lantern can only relate to the defaulted debts sold to them. You may still have additional claims against Swift Sterling and Pounds Till Payday for “affordability” problems. Additionally putting in an affordability complaint to the original lender should mean that a debt collector puts a hold on any debt enforcement such as taking you to court for a CCJ whilst the dispute about the original debt is resolved.
12 ways to check a credit score – find the best!
Money back from payday loans – Q and As
Could a Debt Relief Order help you?
Louise says
Hi All,
MMF had a response only took two weeks – wont uphold my complaint as only one loan with them and did the credit checks – it is rubbish and they have the expenditure totally inaccurate – it was the only loan that they took over as the others were with Northway? Has anyone had similar. The expenditure is also inaccurate. Should I take this to FOS?
Many thanks,
Louise.
Sara (Debt Camel) says
well you could try but I cant imagine it would work as MMF (who last week changed their name to Lantern) didn’t make the decision to lend you any money! Not sure what credit checks they would do that are relevant?
Louise says
Thanks Sara – No exactly – they did no credit checks as I was an immediate loan. It was only small this one? Will this affect the decision of Northway or two separate lenders as that was the bigger one and they didn’t do checks either? I was advised that Northway cant deal with this one loan as it was MMF? However, all the others is down to them? Is that correct?
Louise says
Sorry Sara Was MMP? Not MMF?
Rob.J says
Hi guys.
I had zero issue getting a response and a refund, I’m not sure what I did differently.
From initial email to refund was 3/4weeks. 2.5k and they wrote off an outstanding debt of £900.
Feel free to email me and I’ll send what I sent and what they sent etc.
Regards
Rob.
Jo says
Hi rob did you accept there first offer? It doesn’t show yr email address to email you
Louise says
Hi Rob – Was that Northway or MMF? Presume that was Swift sterling?
Karen says
Hi Rob did you get a refund from Northways Financial as I have put in a complaint but no response after 6 weeks.
Rob.J says
Hi,
Yes within 2/3 weeks. I think the reason they settled so quick was If I had gone the whole hog I could possibly have got 3 times more.
But yes, Super quick from initial request for loan info from letter to payment (Very surprised tbh), Didn’t even send second letter from this site.
On another note Peachy Loans were super quick with a decent refund, Waiting on 10 other big ones.
Good luck
Rob
Rob.J says
I’m not sure how to send you guys my Email apart from putting it here. Happy to send via Sara or admins
Cheers Rob.
mark bailey says
Hi Rob, could you send me a copy of your email to north way. Congrats on your refund!! Thanks Mark
Louise says
thanks Rob much appreciated.
Dave says
Hi guys!! So glad I found this website! I’ve had some pretty amazing success.
Mr lender- used resolver. Reply in three days, £600 outstanding written off
Wonga- reply within two weeks, refund of 2k plus I had 1.5k written off back in 2015 as part of the forbearance, still waiting for funds but e-mail received confirming payment within 14days
Sunny- reply within 4 weeks. Write off of £250 and refund of £400, payment made within the week.
Payday express- playing tough, going to ombudsman.
Payday uk- still investigating
All of these I did through resolver!
Now the interesting bit!
Northway!! E-mailed direct, answer within 1week, wrote off £300 balance and refund of 2.5k!! Money transferred the same day!!!
It really is worth the effort! Thanks so much!
Jo says
That’s excellent news, can I ask what sort of thing you put in your letter to Norway as some people they really dig there heals in with and others they uphold the complaint and refund straight away
Dave says
Hi! I just literally said I felt I was lent to irresponsibly!! That’s it. They denied this but still offered the settlement.
Craig says
Hi Dave,
Brilliant news on your successes!
Interesting that Northway answered you within a week! I had 20 loans from Pounds Till Payday one month after the other between 2007-09. Submitted my complaint to Northway on 27th February including an offer of a goodwill gesture with a 2 week deadline. I asked for an update after the 2 weeks and all i got back was i would hear within the standard 8 weeks so quite curious to how yours went so quick!
Cheers, Craig
Dave says
I was as surprised as you!
Craig says
well-done! :-)
i’m almost in week 3 so not that long to wait!
Dave says
Hang in there! They clearly know they were in the wrong as no way would they be paying up!
Craig says
oh yes i am expecting them to deny they done no wrong even though i was borrowing every month for nearly 2 years and it got more and more each month! Almost £3k in interest i paid alone!
as for lending stream i complained to them couple of years ago and settled very early at £200 mainly because i needed the money and couldnt wait any longer. at no time during the complaint and their final response did they advise i could take this to the FOS. they have since written to me advising they should have advised this and i am within my rights to do so. this is now with the FOS as i had over 20 loans with them with over £3k in interest so i’m angry that i only settled £200 with them at the time!
RPG says
I don’t think they uphold complaints for Loans pre 2011 – I had no joy with them at all although all other lenders refunded me
Dave says
I started in 2009 but it’s unclear what they included
Craig says
when i received my statement of Pounds till Payday loans from Northway they mentioned:
Please be advised that Northway Financial Corporation Limited no longer owns SwiftSterling.co.uk or PoundsTillPayday.co.uk. We are responding as we were the creditor for these loans. To clarify, Northway will consider any complaints for loans issued up to August 2015
Louise says
Oh my gosh within a week – I am waiting like Craig is. I sent my complaint over a day later. However, do you think it as it is a higher amount that they take longer – is that good news do you think that they take their time?
Will keep you all posted,
Well done Dave!!
Louise.
Louise says
What is resolver do you mind me asking? I am awaiting correspondence on all my complaints including Northway?
Many thanks,
Louise.
Dave says
Forgot to put lending stream on my list, they’ve not even responded yet and it’s the 8th week!
Dave says
I checked my account earlier I had over 20 loans also so I’m definitely going to fight that one to the bitter end. Do you need old bank statements if you go to the fo? Got a new bank account and no access to old ones.
Craig says
yes the FOS will ask for bank statements 3 months leading up to each loan you had and one month after – i contacted my old bank (santander) and they sent me the statements no prob
Louise says
No new yet with northway I take it Craig?
Craig says
Nothing – playing the waiting game !
Louise says
Me too Craig! Hate the waiting game :(
Craig says
thats 3 weeks today since my complaint went in Louise – they obviously have ignored my 2 week deadline for the goodwill gesture so will just need to wait and see what kind of response i get
Louise says
Me too Craig – mine is 3 weeks keep us posted and I will too….
Craig says
will do louise – fingers crossed for us all!
nicky says
Hang in there with Payday Express and Payday UK they are part of the same group of companies too so don’t accept just any offer (I wish I had pushed harder with them at the time) irresponsible lending and failure to do thorough checks especially if you had loans with both of them at the same time. I had loans monthly over 4 years with PaydayUK so worth holding out and don’t be tempted to take just the first offer but awesome news on all the refunds 👍
Dave says
Hi Craig and Louise. Don’t know if this helped mine but I sent and equiry email to the oafs and ccd Northway in the e-mail, I got my settlement e-mail the next day, could be coincidence but worth a try. Send to complaint.info@financialarbiter.org.mt good luck
Craig says
Hi Dave -thats useful to know. Did you send this after the 8 weeks had passed or before? I might give that a shot! My complaint is into week 4 now almost
Cheers, Craig
Dave says
This is the mail I sent
I have recently lodged a complaint with Northway about irresponsible lending I received for a number of years. I’m awaiting the response but would like some advice on the procedure with yourselves should I not agree with their findings.
Don’t forget to cc Northway
Louise says
Good Morning,
Can anyone help? I have had an email in relation to a gesture of goodwill – way too low it was for £2720 and I paid in interest a staggering £9055.45 yes I was stupid but I was in a spiral I couldn’t see a way out I also borrowed from other lenders at that time. This equates to about 28% of interest paid. The loans commenced in 2011 however they have sent me an agreement in relation to the loan only for 2015 not the others. Now I have this offer for full and final settlement – I don’t want to lose this “gesture of goodwill” but what are peoples experiences on this please? Some help much appreciated.
Thanks Louise.
Craig says
just noticed your note there you got the gesture of goodwill – did you make them an offer at the time? so they have responded to your complaint which was sent after mine? weird how they are dealing with the complaints, looks as if it’s random!
Louise says
I’m not accepting it Craig and yes I sent mine 2 days after you so yours will come I reckon next few days. I am now at a crossroads of what to do – I am going to go back to them and give them 7 day period to increase their offer? Shall I? Need some advise.
Sara – your thoughts in relation to the above offer?
I don’t want to wait and wait – but the offer is ridiculous.
Craig says
Hi Louise,
Personally I wouldn’t accept it as it’s too low an offer considering what you paid in interest.
Do you need the money now or could you wait a bit longer and see if you get a better offer through the OAFS?
I would as you say give them a 7 day period to increase their offer but at the same time start your complaint with the OAFS by firstly sending them the email i suggested in the later thread below and you can look on their site on how to submit the complaint https://financialarbiter.org.mt/en/for_consumers/Pages/Submit-a-Complaint.aspx
I will let you know as soon as i receive my response!
Good Luck! Craig
AK says
Louise, they doubled my offer once I declined an initial offer and sent my complaint to OAFS. They are very difficult after an initial stage, it is a very long process. I already had a mediation session, sorry, can’t give any details as it is confidential and at the moment waiting for another Skype session, this time with the arbitrator. I sent an initial complaint in October, the arbitration scheduled for end of April.
Louise says
Thanks AK – I have requested less than I wanted but I have given 3 days for a response? then I will email OAF? Sound ok? Thanks AK.
Louise says
Was that a first offer Dave. Thanks
Dave says
No literally after a couple of weeks, I see on here someone had done it. Like I say could be just coincidence
Craig says
thanks dave its worth a try!! will let you know how it goes!
Louise says
You will get your “gesture of goodwill”offer Craig I bet very soon! I am now in a position where I don’t know what to do don’t want the hassle but I am not settling for the amount offered either.
Craig says
i’ve sent my email to the OAFS and cc’d Northway will see what comes back
i suppose it depends on what you are willing to settle for?
i had paid almost £3k in interest and i dont think they add the statutory 8% interest like our FOS do but let’s see what comes back if anything!
Louise says
Craig what is OAF’s? what is the email address for them and are they the people in Malta?
Craig says
They are the Office of the Arbiter for Financial Services in Malta – they are basically the FOS
Email address is complaint.info@financialarbiter.org.mt and remember to cc northway complaints too
This is what i wrote similar to Daves:
I have recently lodged a complaint with Northway about irresponsible lending I received for a number of years (see below).
I am currently awaiting the response but would like some advice on the procedure with yourselves should I not agree with their findings.
Louise says
Thanks Craig – I have requested a second offer within 3 days or I will be going to OAF – I have requested £2000 more I explained if it goes to OAF it will be double what I have requested,
Worth a try you think? If I don’t hear by Saturday I will email these people and cc them in? They cant take the offer away can they? that’s my worry?
Craig says
Hi Louise – i think this is a good shout and I have never heard of any creditor taking the offer away so your “worse” case offer would be the £2720
Craig says
Think it was a stroke of luck Dave. I’ve had no response I emailed OAFS and cc Northway. OAFS got back on their complaints process but nothing from Northway.
Louise says
I have requested £4700 which is just more than half the interest paid? So they have till Saturday or it is the OAF I go?
Craig says
i would forward their offer to the OAF just now cc’ing them in it also see if they come back with an offer?
Craig says
just checking your response to the complaint from northwaty is coming by email and not letter? and is it coming from the complaints@northwayfinancial.com email address?
thanks Craig
Louise says
Hi Craig,
They emailed me this morning – from that email address yes not by letter in the post. Everything they say is done by email including the acceptance. I will give them the 3 days as I said so but then it is over to OAF on Saturday?
I have another dilemma – in relation to Payday UK – I have sent to FOS they requested bank statements from 2011 I don’t have them. Will FOS request them also or will they make a decision based on other evidence.
Payday Uk are not budging had a lot of rolled over loans and not mentioned them ones?
You will receive an email I bet today or tomorrow – must do I complained after you.
Thanks, Louise.
Craig says
Thanks Louise will watch out for it.
With regards to Payday UK hang in there they will pay out once it gets to the FOS mines did after a year almost!
My bank statements where from a previous bank but i managed to get them no problem – can you not get yours ?
Louise says
Thanks Craig. I have managed to get them but sent to FPS only got them Today? Should I send them or wait for FOS
Craig says
I would wait for the FOS – Payday UK and Express rejected my complaint and when i sent it to FOS they asked for the bank statements and upheld the complaint and i got refund on all interest paid + 8% so it was a good one in the end it did take a while thought almost a year
Louise says
Yes I am awaiting FOS – Just didn’t want to wait that long but they have not mentioned the roll over / deferred loans constantly and I had other loans at the same time – I paid them 7k in interest I was so stupid Craig but I have learnt my mistakes. I am going to get these out the way and then it will be the credit cards lol to sort out.
Craig says
I totally feel ur pain I’ve had loads too and ended up in such a horrible situation. All my wages were going on paying off them each month then having to re borrow or roll over till I couldn’t do it anymore. So grateful for Sara and this site
Louise says
Me too – so grateful – I was in such a state and I have a good one going with everyday loans – at the moment. I wont let them get away with this and PDUK is a big one do you think that’s why they have not upheld?
Jo says
Louise did they accept irresponsible lending? My final rresponse stated no irresponsible lending but a gesture of good will offer due to my financial hardship I refused and offered them a gesture of good which is slightly higher if accepted in 7 days which is tomorrow and still waiting on a reply
AK says
Jo, I don’t think they ever admit, I had a goodwill offer as everyone else posted here.
J says
Ak did you have to put a formal complaint before they double yr offer? I’ve declined my first offer and give them 7 days but seem to be ignoring me again so I’m going to put in a formal complaint
Louise says
Hi Jo,
The same words as yours – I have given them till Saturday (only 3 days) then I am going to send to the email Craig put on her and CC them in I have stated clearly my intentions. I have said I paid £9000 in interest and I am prepared to accept £4700 which is in your favour.
How much have they offered yours on the interest paid? Mine is only 25%
Louise.
J says
I got no reply’s from any emails so I emailed the arbiter for advice they emailed Norway who came back with an offer of £966 with a write off of £534 however I have paid just under £8000 in intrest I’ve only asked for £2200 n they just seem to be ignoring me some I’m going to put a formal complaint in for full intrest refunded n take it all the way.
Louise says
Jo have they responded to you and accepted the offer you requested in the timeframe?
Louise says
Jo – if you don’t get a reply email the arbiter and copy them in – that is what I am doing?
Craig says
morning folks i got a response from the arbiter this morning advising if i get no response from northway after 30 days then i can lodge a complaint with them. i have wrote to northway asking for a response by 27th feb which will be 30 days since my complaint was lodged – will see if that speeds up anything!
Louise says
Watch this space may come today Craig. I am waiting till Saturday and then emailing the arbiter to take this further after my 1st offer.
Craig says
really weird how they are dealing with complaints in no particular order. payday uk for example deal with theirs in the order they are received.
perhaps northway have different departments depending on the amount of interest! my interest was £3k!
Louise says
Mine was 9k how does that work surely mine should have taken longer….. lol I am tempted to email the arbiter and cc them in but I said Saturday lol.
Craig says
weird eh! i would email the arbiter now they will send u a reply on the process of how to submit the complaint – note you need to pay 25 euros when submitting the complaint lets hope its worth it!
Louise says
Emailed the OAFS Craig and CC in Northway – watch this space also attached the letter they sent via email yesterday and what I was prepared to settle and the next steps. Hope I have done this correct.
Hope you have news soon!!!!! keep you posted.
Craig says
fingers crossed Louise, i hope you get this resolved soon!
i’ll let you know if i hear anything!
Louise says
Thanks Craig. You too!
Craig says
so far nothing today from northway even though i contacted the OAFS and cc’d them in it on wednesday :-(
they have till the 27th march then my complaint goes to OAFS as they advised if i have had no response after 30 days from my original complaint then i can submit to them.
Louise says
I have had an email from.oaf to submit my complaint Craig. I am waiting till end of play today If no second offer going ti submit!
Craig says
yip same here louise it’s all filled out and ready to send if i dont have a response by the 27th!
Louise says
This will be my job at the weekend. Did you do yours online?
Craig says
downloaded the form its a PDF so you can edit it
Louise says
Craig have you printed yours to sign – I have emailed them yesterday in relation to payment and to see if I need to post all the documentation. I have CC in Northway lol
Craig says
Not printed it yet but will if I have no response from Northway by Tuesday. How did u pay the 25 euros to OAFS did you do cheque or bank transfer?
Louise says
I have emailed them to bank transfer it tomorrow. Then I will get a receipt and send it with all the paperwork. It’s all ready to go. It said if you want to pay by bank transfer email for details I just think it’s a safer method of payment. I have c.c in Northway I have also printed my offer that I sent to enclose.
Craig says
I think I’ll do Bank transfer it’s safer
Louise says
For bank transfer you email them and they send you the details- I believe.
Louise says
Craig – They have emailed me at 5am this morning and advised to send the documents and then make the transfer, Just to let you know.
Craig says
thanks louise it will be friday before i submit mine as that will be more than 30 days since the complaint was submitted and the OAFS advised to submit complaint after then
Louise says
Great thanks Craig.
Louise says
Can someone help? I have to register a complaint with OAF re Northway. My loans are from 2011 to 2015? A lot of loans etc. Do I send all bank statements to them as I haven’t got them at the moment – I would have to order them? Do you have to print and send the complaint off as that is what it says? Sorry if I have not read it properly.
Many thanks,
Louise.
Anyone any experience of this – if they make a second offer I will accept. I don’t have a skype address.
Louise says
Craig – they don’t accept UK cheques – they have sent me their bank details.
Craig says
Can you to a bank transfer for euros ?
Louise says
I am unsure – I have their bank details so going to call my bank tomorrow to transfer to their bank account.
Dominic Parker says
Thanks to Sara and all for the very helpful advice. I’ve successfully got compensation from wonga, but Northway have flatly refused to admit irresponsible lending or offer a goodwill gesture. They even cited in the letter that they didn’t have to assess affordability at the time loans were taken! Glad to see people have had joy from Northway though. We’re any of your loans from 2007 to 2009? Maybe that’s why my claims been refused. Nevertheless I’m going to email arbiter now with original complaint and cc in Northway
Craig says
Hi Dominic – my loans with pounds to payday were between 2007-09. My complaint with Northway is almost 4 weeks. They have yet to reply. I offered a goodwill gesture also emailed OAFS cc’ing Northway but still nothing yet. I take it your loans were during the same period as mine ? I had 20 loans one month after the other almost £3k interest. Final Loan went to debt collector as couldn’t afford.
Cheers Craig
Dominic says
Thanks for reply Craig. Yes, my loans ran from 07 to 09, with 23 loans. Started off small but got bigger each time, and my interest is about 2k. I’m hoping my message to OAFS with Northway cc’d in will show them that I’m not going away
Craig says
There is no consistency in northways responses. Some are getting offers others goodwill offers others rejections. They have till the 27th with mine then I’m submitting a complaint with the OAFS as they advised to give Northway 30 days to respond. Let me know if u get any joy.
Dominic says
I will Craig. I’m slightly more hopeful with hearing that others have been successful with Northway, but you’re right about lack of consistency. Someone in an office must just pluck a random complaint from a pile and decide to offer money that week. Cheers, Dom
Craig says
Hi Dominic have you had any joy with Northway? I’ve sent them another email attaching my bank statements from these loans showing how much of a trap I was in to see if they will budge. The OAFS is all filled out and ready to go also.
Cheers Craig
Louise says
Hi Dominic
I got a gesture of goodwill offer but have not accepted. my complaint was in 2 days after Craig’s I have emailed OAF’s and sent email yesterday to bank transfer the payment and send all paperwork.
If they increase the offer I will accept it.
Craig says
Morning Dominic, so i got what looks like the same response you had from Northway Financial in which they believe they acted fairly and responsibly in their dealings and are unable to offer any compensation regarding this matter!
Have you replied to them directly or submitted a complaint now to the OAFS?
I had 20 loans between July 2007 and February 2009 and they still believe they acted fairly!
Louise says
mine were from 2011 to 2014 with Swift Sterling,
Louise says
I have had an increase offer this am from Northway. Still not 50 percent. What shall I Do? It’s 1000 less than I said I would accept which is still only 50 percent I paid.
They know I’m with oafs.
Any help?
Craig says
morning louise so i have had my response from northway and they have offered NO COMPENSATION! not even a goodwill gesture!
they believe they acted fairly and responsibly!
so it’s off to the OAFS i go!
Louise says
You are joking me – I would CC them in to OAFS and they may come back to you.
Craig says
this is part of their response below:
We disagree with your claims regarding the affordability of your loans as there was no such requirement at the time your
loans were taken.
Without prejudice, based on all of the foregoing, we believe that we acted fairly and responsibly in our dealings with you and we are unable
to offer any compensation to you regarding this matter.
i have forward this onto the OAFS cc them in saying i will now be lodging a complaint!
Craig says
Does anyone know if the OAFS accepts the complaints form sent via email or does it need to be sent in the post?
Thanks Craig
AK says
You can send the supporting documents, e.g. bank statements by email but the complaint form needs to be sent by post. They will send you all correspondence by email and recorded mail as well. For each step if you’ll need them, e.g. moderation, arbitrator meeting you will need to sign forms, too. But they can be sent by email.
Craig says
thanks Ak i just checked their complaints policy also where it listed that!
lodging my complaint this week as Northway have said they have done no wrong it was all fair and responsible issuing my 20 loans in 2007-09!!
rachel says
i just sent an online complaint form via the contact us section and got a response within 5 minutes asking for further information
Sara (Debt Camel) says
can you say which “contact us” page please?
Dominic says
Hi Craig and Louise et Al.
I got exactly the same response from Northway as you Craig, word for word. Then asked for advice from OAFS and Cc’d in Northway. OAFS requested that I contact Northway again giving terms that I’d accept before filling complaint form. Within 24hrs I get exact same refusal response from Northway.
So it’s complaint form time with OAFS and quickly as I noticed on OAFS faq’s that they sent me via email that they can only consider complaints related loans taken out before April 2016, if the paperwork is received by the 18th of April. Maybe Northway know this and hope people miss deadline
Dom
Craig says
Hi Dom – looks like we are the unfortunate ones with Northway as there are others getting Offers! I’m just waiting on bank statements from my bank I was with when I had the loans then the complaint form is getting sent.
Craig says
What was the terms they ask you accept ? I done the same and the OAFS replied advising their complaints process and I said I would be sending my complaint in this week.
I did send a response to Northway advising I would be submitting complaint to OAFS and how I totally disagreed with their findings but they ignored
Dominic says
I went back to Northway saying I’d except 2/3ds, but they refused to consider it. I’m like you, waiting for old statements from bank before sending it off to OAFS. Fingers crossed for the both of us!
Craig says
Complaint all good to go once I get the statements. I think this is going all the way including a mediation session!
AK says
Mediation session is not the end, OAFS is not really involved at that stage, it’s a discussion between you and people from Northway including a person who seem to be their lawyer. Only if you don’t reach the mutual agreement your case goes to arbitrator and only then the payment will be used before that stage your payment will be returned if you reach the agreement. Mediation session is more or less the same thoughts’ exchange you have now in writing but face to face with the OAFS representative sitting in the room and taking notes but not interfering in the discussion.
Craig says
Thanks AK sounds all very formal compared to the UK FOS process !
Craig says
I have gave Northway one more chance by email my bank statements to them showing how much debt and other payday lenders i had at the time of their loans and offering a goodwill gesture to settle this complaint without going to the OAFS. I doubt anything will come out of it but will try. If not heard anything by early next week I will send in complaint to OAFS
Craig says
Hi Dominic, have you had any news yet? Sent my complaint to the OAFS on Friday so it might still be making it’s way to them.
Sent bank statements to Northway also but they ignored.
Cheers, Craig
AK says
OAFS is very slow and it takes a lot of effort to make things moving, I sent them reminders every two weeks. It took them many months to arrange a mediation session and another few to move to the next stage. Prior to a mediation session if one happens Northway will check your bank statements very thoroughly, they note all ‘unusual’ transactions and question them.
Craig says
Thanks AK i don’t expect this to be resolved quickly but will keep that in mind about the “unusual” transactions being questioned – i will be prepared if it gets to that!
Dom says
Hi craig,
Sorry for late reply.
My complaint form goes off to OAFS tomorrow, hope it gets there by 18th as I was delayed getting my supporting documents together. Hope you eventually get some joy from northway once they know you’ve officially referred to OAFS.
Dom
Craig says
Hi Dom,
I sent my form to the OAFS on the 30th March they confirmed earlier in the week they had received it and would assign it to a handler once they had received the remaining documentation. I had a time of it trying to get bank statements from my old bank (santander) as the statements were more than 6 years old. I eventually got most of them (2 months missing) so hopefully OAFS will still accept this. So i am just waiting on a handler being assigned to review the complaint but i believe this can take some time so will see what happens.
Cheers, Craig
Craig says
Hi Dom, any news? I’m still waiting on a handler being assigned to the complaint!
Dom says
Hi Craig,
I’m at same stage as you, waiting for handler. As I put together all my old statements it made me even more sure that I had a strong claim, as my financial situation was so poor and erratic. But like you, Northway never budged or offered any goodwill gesture. Reckon this will be long process. Dom
Craig says
Me too Dom, i couldn’t believe the state my finances were in – the repayments to pounds to payday ate up all my salary and i was reloaning every month to them and payday express on the exact same day i was repaying the previous month!
Will keep in touch
linda says
Hi im trying to locate a payday loan called swift from back in 2009 , it isnt swift sterling and not swift money can anyone help number i have for them not in use im guessing they have ceased trading , i paid loan off 2013 thankyou for any help
Craig says
This is probably not the right forum for this query but has anyone had success in reclaiming unfair bank charges on the basis of financial hardship? when i was going through my old bank statements from 2007-09 as part of the Northway complaint i noticed loads of exceeding overdraft and returned fee charges from my bank at the time. these were mainly because i had so many payday loans at the time my financial status was so precarious. i have complained to santander about these bank charges recently and the response i got was:
I am unable to offer to refund charges previously applied to the account. In accordance to the Supreme Court decision on 25th November 2009, it was confirmed banks’ unarranged overdraft fees could not be assessed for fairness. Therefore, there is no legal basis on which the amount of the fees can be challenged.
So i am wondering whether the FOS will look at this complaint on the grounds of financial hardship?
Thanks Craig
Sara (Debt Camel) says
MSE is a better place for reclaiming overdraft charges, see https://www.moneysavingexpert.com/reclaim/bank-charges. You have 6 months to take the Santander complaint to the ombudsman, so don’t delay if you want to do this.
Craig says
thanks sara
James R says
I have made several complaints to payday loan lenders and recieved some good refunds thus far. I am still awaiting 6 “final response letters” and 2 sit with the FOS.
The lender I need advise around is Pounds till payday. I took 30 loans bewteen 2007 & 2010 paying back £7000 in interest, in their final response they dismissed my claim stating they had lend responsibly (even though for a period of 18 months I re loaned each month.) Their offer was to clear my outstanding balance on my last loan of £1000 – I refused this as it statute barred anyway.
I have made contact with the OAFS in Malta to progress this to the Arbiter but I am slightly concerned at the disclaimer at the bottom of the email. It stated if my case was resolved through mediation, I would be refunded the 25 Euros you need to pay for your case to be looked into, HOWEVER if my case is not upheld I would possibly be liable for the cost incurred by the Arbiter and Northway Financials possible legal expenses! Has anyone recieved a payout after going to the OAFS – and is it too much of a risk to progress? I feel I should be refunded some of the interest, but dont want to be lumbered with having to pay costs to Northway which would be the ultimate slap in the face!!!!
AK says
As far as I understand it’s not at OAFS level except €25 which will be retained if the decision not in your favour. The legal expenses might be incurred if NW appeals the OAFS decision in court when the decision is in your favour and wins the case. I might be wrong as there is no arbitrator’s decisions on NW cases posted on their site. Other cases’ decisions mention legal fees payable by the businesses and/or claimants but no numbers specified.
Louise says
Good luck all. My update I have settled and was paid within the day of settlement I made the decision. Can’t give details as confidential
Craig says
Congratulations Louise Welldone. Just about to submit my complaint to OAFS as Northway say they done no wrong even though I had 20 loans in 2 years! Any tips much appreciated as they are not budging.
Louise says
They wouldn’t budge with me Craig at first TBH it was the first offer and that was it. Then I got more correspondence and increases. I CC them in to all the emails I sent to OAF’s and explained my reasons – I still don’t know how they got to the figures as it was not clear.
Yes If I had gone to OAF’s I would of probably have got double but I got just over 50% so I made the decision to settle. Also as I have others ongoing and FOS dealing with not only Payday UK (a big one) but also MMF which took over some of Northway accounts in 2015 so I can now go back to FOS and I have a better chance of that being upheld as it was part of the other loans.
I did send an email with my bank account details they requested for payment and was in my account within 2 hours the same day.
I think this happened to settle quickly TBH.
Craig says
i’ve not even got to the stage of a first offer – a straight refusal they done no wrong that was it. have sent them my bank statements to show how bad things were to see if that helps – doubt it. waiting on one more batch of bank statements which i wont get till next week then i will go to the OAF
Louise says
I am having to collate my bank statements for FOS for the claims I have ongoing with them.
Another reason why I settled as I have various claims to deal with.
They may come back to you – you just don’t know.
Louise says
Thanks Craig – Also bear in mind you don’t pay 20% tax I don’t think on their offers so I took that into account also when agreeing think of that as you would automatically have tax deducted for UK payday lenders?
AK says
Tax deducted on additional simply interest of 8% and not on the interest you’ve paid to the lender and refunded. And in many cases this tax can be reclaimed from HMRC.
mark says
I am now ready to my complaint forms to malta about swiftsterling…just about the £25 fee..How to go about it ,what the procedures are ?
Louise says
Hi Mark – you can send the complaint in and then send the payment later they said at OAFS. They accept bank transfer so I would send the complaint and then they will email you for payment.
Craig says
Ah that’s handy to know thanks Louise. I’ve just posted my form and was about to send the payment by Bank transfer but will wait till they email me :-)
Louise says
That is what they emailed me Craig – when I was going to do mine that can send in the payment later – bank transfer once you have submitted the claim.
Follow it up with an email in a few days I would? CC in Northway.
Craig says
Yes definetly. Have sent Bank statements to Northway too meantime but they ain’t a budging.
Meantime Lending stream is with an adjudicator here in the FOS so I am a bit more hopeful with them.
Louise says
Lending stream I’m still awaiting on them. They may budge when they know you have sent it to Oaf craig?
I could have got double but i settled as I have all the others going on.
Craig says
Hi Louise, every email I send to the OAFS i cc in Northway but they don’t respond or react!
James rounce says
Are you aware if the arbiter does not find in your favour you are liable for their and northways fees??? This is what is stalling me submitting forms to the OAFS. I asked what the costs could be to the OAFS administrator but they were non committal stating it varies depending on each individual case.
louise says
I never got that far James as I settled with them. I thought it was best at the time but could of got more but was happy with my settlement.
Nicola says
I contacted Northway Financial on 11th February so will be 8 weeks on Sunday. I received the initial email that day telling me they would look into it and contact me within the 8 weeks but since then have heard nothing. Iv since emailed them twice once cc the arbiter but have still heard nothing 😩😩
Craig says
Hi Nicola,
I’m afraid it can be a long process for some people (including me) with Northway Financial.
The arbiter advise if they haven’t responded within 30 days you can submit your complaint to them.
You just need to keep bugging Northway send your email with high importance cc the arbiter and they will eventually reply.
Some people get very quick responses and payout others dont!
My complaint to them was regarding 20 Pounds to Payday loans between 2007-09.
After 1 month they sent their response in which they believe they acted fairly and responsibly in their dealings and are unable to offer any compensation!
I sent my complaint to the OAFS last week and now awaiting for this to be assigned in which i believe can take some time also.
Cheers, Craig
Nicola says
Thanks Craig have just emailed them again.
Don says
I have a statement for Northway detailing my loans from 2011-2014.
Can anyone advise what is the next best step.
Is it worth using the UK template letter to complain to Northway ? Or just send a general letter of complaint.
How long should I give them to respond?
I paid 6K in interest, what are peoples experiences in what they have been refunded.
Many thanks
Craig says
Hi Don,
I’m afraid it can be a long process for some people (including me) with Northway Financial.
The arbiter advise if they haven’t responded within 30 days you can submit your complaint to them.
You just need to keep bugging Northway send your email with high importance cc the arbiter and they will eventually reply.
Some people get very quick responses and payout others dont!
My complaint to them was regarding 20 Pounds to Payday loans between 2007-09. I used the UK template of complaint and tweaked it.
After 1 month they sent their response in which they believe they acted fairly and responsibly in their dealings and are unable to offer any compensation! It looks like anyone who has had a number of loans between 07-09 they are refusing with no offers because they say they didnt need to make checks!
I sent my complaint to the OAFS couple of weeks ago now and now awaiting for this to be assigned in which i believe can take some time also.
Cheers, Craig
Louise says
You still not heard from them Craig – shocking?
Craig says
Nothing since their response saying they done no wrong.
tracy says
Hello All, I had over 21 loans with Pounds till payday from 2011- 2014. i email northway 2.5 weeks ago and received the’ we did not lend irresponsibly standard responds. I was constantly re applying for loan after loan with multiple payday lenders. I have had refunds from payday uk and wageday advance, I included this in my email to northway. They have replied with a good will gesture of £324.00. How would you recommend that i turn this offer down and who should i cc in? all a bit confusing x
tracy says
Also they did say this was a final settlement- but £324.00 seems very low, not sure what to do :(
Craig says
Hi Tracy,
That seems a very low offer considering the amount of interest you have probably paid.
I would take your complaint to the OAFS arbiter in Malta.
Reply to Northway cc’ing the OAFS complaint.info@financialarbiter.org.mt
I would say you disagree with their response and are not accepting their final settlement re-iterating the reasons why you are complaining.
The website below is on how to submit a complaint to the OAFS
http://financialarbiter.org.mt/en/for_consumers/Pages/Submit-a-Complaint.aspx
I have already submitted my complaint to the OAFS. I had 20 loans from pounds till payday between 2007-09. They said they done no wrong and at that time didnt need to make any checks – nice eh?
I have cc’d the OAFS in my replies to Northway but they have ignored every one so I am waiting on the OAFS assigning my complaint.
For info my complaint started with Northway on the 28th Feb – i believe it’s quite a long process going through the OAFS.
Hope this helps and good luck! Craig
Tracy says
Thank you Craig, will
Give it a go x
louise says
Hi Tracy – do as Craig said below I did and increased my offer then I rejected again and increased again and I accepted. From initial offer to 3rd offer was a matter of 5 days only.
Otherwise I would have gone to OAF’s I completed all the paperwork ready. I settled for 52% of my borrowing roughly. The original offer was 22%
Tracy says
Fingers crossed louise
I give it a try x
louise says
I did and TBH I could have got a lot more thousands Tracy but I decided to take the offer instead of wait for months and months. I said it wasn’t reasonable and outlined my reasons why as I had my statement of interest – I CC in the arbitrator and then they came back then it went back again then I settled – money was in my account within 6 hours of acceptance! Bet it was lol x Paid for my holiday that I had booked and I had to pay the balance and more – hense why I settled so quickly. Let us know but Good Luck x
Tracy says
I’ve done it. I achknowledged their ‘good will gesture’ but stated I wouldn’t accept and listed the reasons. How can they stated they did ‘creditworthiness checks’ when both my bank statements showed multiple payday lenders & my credit score was not great. I do feel they lent irresponsibly but doubt they will admit to it. Will wait and see, will keep you updated :)
Craig says
good luck tracy! i tried the good will gesture but again was ignored! the oafs have received my complaint today and i’m just finalising the bank statements which i was having a real time of it getting from santander as it’s a closed account and statements get deleted after 6 years! i did manage to find old statements from another complaint but it doesnt cover the full period of pounds till payday loans there are 2 months missing! will see what they say
Tracy says
Good luck Craig, looks like they enjoy playing the waiting game.
Craig says
hopefully you have better luck as your loans were not as old as mine. they seem to be declining any loans between 2007-09 as they say they didnt need to make any checks at that time!
Tracy says
Just a update. Northeast got back to me today. With the standard ‘we take no responsibility & are not to blame ect ect’ responds, but have increased there good will gesture (slightly) they are staying in bold letters that this is there FINAL response & they have given me the email address for the arbitrator if I do not agree with their response. Are they fobbing me off or shall I accept their offer (which would be useful at the moment but nowhere near what I think I’m due) suggestions please x x
Craig says
hi tracy if you feel the offer is not acceptable to you then i would go to the arbitrator. i also got the standard response they done no wrong etc but go no goodwill offer from them. i sent them all my bank statements during the period of the loans (2007-09) and they have still ignored me so my complaint was sent to the arbritator end of March and am currently awaiting on it being assigned to a handler!
Louise says
I took the offer when I thought they wouldn’t increase any more and I wanted it settled TBH. They were the quickest to settle for me tbh Tracy. As soon as you agree and email them its in your account – via Arbitrator it is a long wait. I could have got more if I had waited and quite a few thousand more however, I got a substancial amount based on my borrowing. If that helps? Louise.
Tracy says
Thanks Louise, yes it does help. This is only their second offer & not greatly increased. I’m. It sure if it’s their final ‘final’ offer, as they said the last offer was their final offer but then wrote final in bold this time. & they have given me the arbitrators email address if I don’t agree so I’m just not sure?? I do feel they did lean irresponsibly to me, I think I’ll provide my bank statement and suggest a suitable settlement amount? What do you think? I think they are just picking out amounts to try to settle. What do you think?
Louise says
Hi Tracy – you can try but I did that and they didn’t budge I tried to get an additional £900 and they did that to me and put it in bold and I accepted I paid over £9k in interest and settled for just about 52% I wanted over 5k. They were irresponsible with me also and I think that is when they offer something. My advice is if it leans to 50% of interest paid if you want the money in your account by the weekend settle if you are not desperate and want to pursue it you will have to go to the Arbitrator and then they may offer slightly more however, it will be a wait. Yes – they could not advise where they got the figure from to me either – It was random lol.
usually they only do two offers and then you have to go to the arbitrator and then they may give you slightly more but you have a 25 euro fee for the arbirtrator also to lay out.
Mark says
How to send 25 Euro to the OAF..If I use my bank it costs £25 ..Is it ok to send using any of the online international money transfer companies
Craig says
Hi Mark,
Ask the OAF they will advise what other methods they accept – complaint.info@financialarbiter.org.mt