Was your car finance unaffordable?
The FCA, who regulates car finance lenders. and the Financial Ombudsman (FOS) say:
a loan is only affordable if you can make the repayments on time, without hardship and still meeting your other commitments.
That means you need to be able to pay all your other debts, your normal household bills and expenses as well as the new car loan payments.
You may have made your car finance a top priority as you don’t want the car to be repossessed. As a result you may have had increasing credit card balances, more loans or got behind with bills. That means even though you kept making the payments, the finance was not “affordable”.
Contents
Affordability checks
A lender should have checked you could afford the car finance. This may mean checking not just your credit record, but also your income and expenses as well.
These checks have to be “proportionate”. If you have got a great credit record and a good income and are only borrowing a small amount, the lender isn’t going to have to look in great detail to be confident you can afford it.
But with a poor credit record, or where the repayments will be a large proportion of your income, better checks are needed. The FCA rules don’t say exactly what has to be done, but a lender often can’t rely on what the customer says their income and expenses are. Other ways to check include:
- your credit record shows what you are paying to other debts each month;
- there are national average figures for some expenses, so your estimate that you spend £60 a month on food or nothing on clothes isn’t realistic;
- the lender could look at payslips or bank statements to be sure.
These checks are often inadequate
The regulator thinks some car finance lenders are not checking properly for affordability. In 2019, the FCA said:
Here is an extreme case ‘Car payments are ruining our lives’ where a 23 year old student with a part-time job was sold a 21k Audi on finance, with apparently no affordability checks at all.
But it’s probably more common that a quick and inadequate check was done.
A car finance expert makes a lot of excellent points in this article: The car industry need to be more honest when selling car finance. He says:
It’s time for the car industry to do better, even if it’s to save customers from themselves.
“Affordability” is a test of your situation when you took the finance
The car finance company may have done a good assessment of affordability. At the start, you may have been able to manage the loan repayments.
Then something went wrong – perhaps you had your hours cut, or you split up with your partner. Or rising bills in 2022 mean what was manageable before isn’t any more. Here it’s not the lender’s fault that the car finance is now unaffordable and you won’t win an affordability complaint. Read Can you afford your car finance payments? which looks at your options in this situation.
But should the lender have seen that the loan was too expensive at the start if they had looked properly when you applied for the credit?
In this case, you can make an affordability complaint to the lender.
How to make a car finance affordability complaint
The affordability rules for car finance are the same as for other loans. So you can follow the approach and use the template letter for an affordability complaint in this article: How to ask for a refund from large, bad credit loans.
The template letter in that article asks for:
- a refund of the interest on the finance;
- for the remaining balance to be repaid at an affordable rate; and
- for any negative marks to be removed from your credit record.
If you have other serious complaints about the car, such as poor quality, you can add those into the standard affordability complaint letter.
A lot of lenders reject even good complaints. So don’t be depressed if this happens – just send it to the Financial Ombudsman – the process is all described in the above link.
What happens if you win the complaint?
If you win an affordability complaint for a normal loan, you get the interest refunded and if the loan is still running, your balance is reduced. It’s more complicated with car finance complaints.
You may wonder what happens if your car was repossessed and you had paid little or no interest?
If you still have the car finance, will you be able to keep the car?
See Car finance affordability – what you get if you win a complaint which looks at the different situations and what the ombudsman usually decides. It has some links to Ombudsman decisions – including one for a brand-new BMW!
Still have the car? You must keep paying the car finance
These complaints may take many months. You will have to keep up the loan repayments during this time, or your car may be repossessed.
Read Can you manage to pay your car finance? which looks at your options when you don’t think you can keep on paying while the complaint goes through.
Other sorts of car finance claims
€ar finance commission – cases won at the Ombudsman
In January 2024, 2 major cases were won at the Financial Ombudsman were people had been charged to high an interest rate on car finance in order to increase the commission the car dealer got.
See Car finance commission scandal – can you get a refund? for details and how to start a claim.
But if you think you may have a good affordability complaint it’s probably worth trying that first, as in an affordability complaint you get all the interest refunded, but in a commission complaint you would only get some of the interest back.
“Dieselgate” – a totally different sort of claim
You may have seen ads saying you may be able to get £,000s back as diesel cars were mis-sold because they produced more harmful emissions than advertised.
MSE has written a good article on these claims, with a list of the law firms you can use and what they charge. This is not a complaint you can sensibly try to do yourself. I have no idea how likely a payout is and it may take a long while.
Get interest refunded from large loans
Which debts are top priority?
How to end your car finance early
Kirsty says
Hello, I made a complaint to Moneybarn for unaffordable borrowing and they acknowledged my complaint on 25th March. They have sent another email today to say they have not completed their investigation and have extended the deadline for reply to 56 days. So this will take me towards the end of May. Is this their normal tactic, and then reject?
Sara (Debt Camel) says
They usually take 8 weeks to reply. Probably no-one has actually looked at your complaint.
David says
It doesn’t matter, once the 8 week period has lapsed you can escalate to the FOS anyway.
I’ve done the same and got the same response nearly one month in.
Kirsty says
Thanks Both :) I’ll escalate once the 8 weeks has lapsed.
David says
It’s obviously more beneficial if they send you a final response (which you reject) in that 8 week window because then FOS can investigate as soon as they can pick it up based on the final response.
If the 8 weeks passes and you have no response, you can still escalate to the FOS but this would likely mean further delay while FOS seek input from Moneybarn.
What I’m trying to say is the 8 weeks gives us protection in a way, but can work both ways ultimately.
Good luck!
David says
Absolutely Kirsty and now you don’t need to wait for the 8 week window to pass. Send it over straight away with bank statements, payslips, a full income and expenditure form and your credit report, ideally from the time of application or as close to as possible. Just because they say it was affordable doesnt mean it was. FOS will look at it impartially and won’t take your nor their side, they’ll just deal with the facts and determine affordability themselves. Their decision will be final however.
Good luck.
Jack says
It’s not about what you can show, it’s about what they can see. If your credit report showed no sign of financial struggle I.e large credit maxed out, any loans or late payments then they would have no reason after verifying your income to prompt them to look at bank statements. Do you have a copy of your credit report that accurately shows what it would have been at the time of application? What does it look like?
Sara (Debt Camel) says
if MoneyBarn has bank statements showing the fiance was likely to be unaffordable, they should have declined it. Whatever the credit record said.
Mrs c says
Afternoon monybarn have now agreed with the FOS that my claim for unaffordable lending is to be upheld.how long does it take to get the refund out of them
Dale says
They will have 28 days to pay from the date of acceptance.
Was this agreed at adjudicator level? I have heard moneybarn have started to agree to adjudicator decisions between the period of their decision and it being allocated to an ombudsman.
Mrs c says
Yes all agreed with the adjudicator and a email off moneybarn to say payment willenhall be processed upto 28 days i find that just a kick in the teeth
Dale says
Find yourself one of the lucky ones. I’m on day 73 waiting to be allocated an ombudsman because motonovo ignored the adjudicator decision completely and let it run the 3 weeks. So actually it’s been 94 days for me since the adjudicator upheld in my favour.
Kirsty says
Hello, I have had a letter from Moneybarn today, rejecting my claim for unaffordable lending :( They have confirmed they carried out a credit check but the borrowing met their lending criteria and by checking my payslips they were confident I could afford the repayments. Do you think I should refer to the Ombudsman – is this atypical response from Moneybarn? The bank statements I sent them at the time showed my account £4k overdrawn on a monthly salary of £1600 – I could never get out of the red. I had defaults and 2 CCj’s but they said enough time had passed on those.
Feeling deflated now.
Thanks for all the advice on here, it’s an excellent site.
Sara (Debt Camel) says
Moneybarn reject a LOT of good complaints – you know if the car finance repayments were really dificult to manage – if they were, send it straight to the Ombudsman where Moneybarn is losing a lot of cases.
Sara (Debt Camel) says
PS you should also look at making a complaint about your overdraft if it was a lot larger than your monthly salary, see https://debtcamel.co.uk/get-refund-overdraft/
LENNY says
I took a car on finance in Dec 2017, through desperation to keep my job.
At the time I only could afford 80 pound deposit.
The car was 8100, but with finance, by the time.its paid off it will have cost me close to 14000.
They never asked me for proof of income or any wage slips, during the process. I didn’t mind at the time as i was desperate.
Shortly after I had to take out a.dmp with stepchange, as could not satisfy all my creditors.
Is it worth me persueing anything? The company is moto novo finance.
Also since owning the vehicle I’ve ended up spending nearly 5000 in repairs for faults.
Sara (Debt Camel) says
Yes it is. Also say the vehicle was not o& satisfactory quality and list the repairs – say if they do not refund the interest paid, you will go to the Financial Ombudsman and also ask for a refund of the repair bills you had.
David says
Hi Sara, I have had a final response from moneybarn stating they assessed my mo they disposable income was £202 and the loan repayments were £201.98 a month. Do I have grounds to escalate this to FOS please as they have confirmed they used national averages for my expenditure which h was grossly underestimated but say because I signed the agreement that I confirmed it was affordable based on their figures? Many thanks.
Sara (Debt Camel) says
Send it straight to the Ombudsman! These are large, bad credit loans that are secured – the lender knows its customers may be in difficult situations and that national averages may not be appropriate.
Jeremy says
Hi Sara, what % of a monthly salary would you expect a car finance repayment to become “large” 10%? 15? 20? At each point would you expect the threshold for further checks to become more in depth?
example A) 5% of monthly income would be finance repayment, credit score shows no outstanding debts or loans. No further checks required?
Example B) 20% of monthly income would be finance repayment, credit report shows active short term loan. Further checks required?
Sara (Debt Camel) says
I have never thought about this in % terms and I am not sure that is sensible. A large percentage may be affordable for someone on a good salary and low outgoings. A low percentage may not be affordable for someone on a low income.
jeremy says
i know every situation is different, but surely there is a tipping point for further checks required or there would just be blanket rules.
in example A and B would you think further checks would be required other than a standard credit check?
Sara (Debt Camel) says
I think the tipping point depends on the individual case and what the credit record looks like.
Sara (Debt Camel) says
Jeremy won his case at FOS.
Sultan says
Hi Sara, I took a car finance in December 2019. When the car loan was given in Dec 2019, I was under DMP with Stepchange from July 2017. I am still under DMP. They never asked me for proof of income or pay slips or bank statements and the car loan was approved. Can I make an affordability complaint as clearly my credit checks would have picked up defaults and DMP on it. Still the car loan was approved. I am currently in arrears with car loan repayments. I am struggling to make contractual payments and I don’t want to loose my car either. Can you please advise.
Sara (Debt Camel) says
How large was the car finance loan – not including the interest, just how much did you borrow in order to buy the car?
And can you add up the total of payments that you have so far made to it?
How large are your monthly payments?
How much are you paying to the DMP at the moment?
Do you have any other debts outside the DMP – other loans, ove4draft, or arrears on important bills?
sultan says
Hi Sara, Car loan not including interest £9,250 not including interest. So far i have repaid £4339.46 and £1010 in arrears. £240.89 Contractual monthly payments plus £50 arrears total £290.89. I pay £76 towards DMP and none of the debts are currently outside of DMP. I have no access to credit cards and loans. I have arrears of £2800 shared ownership rent and £3500 mortgage arrears currently.
Sara (Debt Camel) says
This sounds as though it is probably a good affordability complaint, however if you make a complaint now and it is upheld by the Ombudsman, then the typical award would be that you would have to hand back the car, be refunded a proportion of the monthly payments you have made and have your credit record cleared. So a good result except that you don’t get to keep the car…
You typically only get to keep the car if you have already repaid more than you borrowed. WHich for you is a very long way away. It’s hard to see how you can struggle to get to that point. You can stop making payments to the DMP and tell your creditors you have priority debts (moretgage, rent and car finance) in arrears. But £76 may not be enough.
I thibnk you may have to manage without the car. I suggest you talk to National Debtline on 0808 808 4000 about your options here.
Can you say what has gone worng so you have all these priority debts? Has your income dropped a lot? Are you claiming any benefits?
sultan says
Hi Sara, I have all these priority debts are partly because of being furloughed in 2020 and 2021 and mainly due to Shared Ownership Rent and Service Charges. Service Charges almost tripled due to cladding issues. I couldn’t sell, move or remortgage my flat as my building is under 11 meter and failed ESW1 with B2 rating. Property value is currently 0 because of cladding and building safety issues. It hit hard my finances and no disposable income to clear the priority debts . I receive child benefits for my two children.
Nicola says
Hi Sara,
I’ve had a successful result from Oplo. They have upheld my claim based on not meeting the lending criteria. Only took 6 weeks.
Total payments received £ 24,405.64
Car loan amount £ 14,995.00
Interest refund amount = £9410.64
8% interest £119.80 – this figure looks incorrect to me . I have queried and they have come back that the interest is only calculated from the date of over payment ( I did settle early, ) Is this correct?
Thanks for your help.
Sara (Debt Camel) says
When was the settlement date? What were the monthly payments? how was large the final settlement?
Nicola says
Hi Sara,
Loan start date 21st December 2018
Date settled 7th March 2022 ( had a 3 month payment holiday in between due to covid)
Payments £442 a month
Initial term 60 months
Settlement figures :-
Outstanding on account £11,520.64
Less rebate of interest if paid within 28 days £2154.56
Final settlement £9366.08- this amount was paid on the 7th March 2022
Account closed
Thank you
Sara (Debt Camel) says
In that case, if you removed the interest from the original loan, you didn’t clear it until just a tiny bit before the settlement – in their words that is when the overpayments began. Which is when the 8% interest should start.
It may be out by £10 or £20 but not much more.
great result – especially to get this settled by the lender so quickly.
Nicola says
Was very happy with the results.
Thanks for your help.
Beth says
Hiya Sara, i took out a car on finance with MoneyBarn in 2018 (5 year plan). i have 1 year remaining,
The amount of credit was £8042.72 and the interest charges £6673.65 making total repayable 15,496.65. Do i have a case for a refund of interest here? Or will i need to wait until the remainder of the finance is paid?
Appreciate any help , Thank you
Sara (Debt Camel) says
You can make a complaint at the moment. You don’t need to wait until the finance is repaid.
If you win a complaint where there is still a balance owed and you have already repaid more than you borrowed (which would be the case for you) then the typical redress offered is that you take ownership of the car, the balance is wiped, and you are refunded the amount of interest that you have paid.
Beth says
Thank you, I’m just wondering as on this thread it gives options of Time out order, or handing the car back. Neither of which are apprealing to me as i need / want to keep the car. I have 1 year remaining on the HP, but have/ will have paid almost 7k in interest across 5 yrs.
Thank you
Jane Guvenir says
Hi Sara
What is the timescale for making a complaint and irresponsible lending claim to Moneybarn?
I had a car loan in 2013 and paid nearly £8k in interest, at that time I needed to use pay day loans and work additional hours most weekends to make those payments which I did manage but I also had a tax debt at the time which I was also paying off and informed them of that too. Moneybarn have turned down my complaint and I have escalated to FOS but I wondered if I am within the timescale to complain. During the same period I had Provident loans in place which FOS upheld and I was paid out.
I have used your website many times for useful information and guidance so thank you for providing this support for myself and many others who managed to get ourselves into some desperate situations.
Jane
Sara (Debt Camel) says
Moneybarn will turn down anything over 6 years. provident probably did as well!
But FOS will look at many of these cases.
Have you sent Moneybarn a Subject Access Request? Email DPO@Moneybarn.com and say you would like a copy of all your personal information, including the credit checks and affordability assessment MoneyBarn made on your loan.
Jane Guvenir says
Hi Sara
Yes I sent a SARS request and they sent me the agreement papers and direct debit forms but said they didn’t have any credit checks as they weren’t required to keep them this long. I asked them specifically for credit and finance details but nothing like that included. All sent to FOS now.
Dale says
Hi Sara if I won my case and the refund was from a payment made in august 2020, should I get 8% once or twice as it’s not been 2 full years yet since the payment but it is 2022 not 2021.
Sara (Debt Camel) says
you should get the 8% per annum based on the number of years and part years you have had. Not 1 or 2 but about 1.75 years so that would be about 14%
Andrew says
Hi
I put in a affordability complaint to Smf motor finance on the 2nd April. I asked for my SARS and I’ve still not received anything all I’ve had is a email to confirm that they acknowledge my complaint. Should I just wait until the 8 weeks are up and forward onto ombudsman or should I try phoning them (ignoring emails)
Sara (Debt Camel) says
I suggest you ask them why they haven’t sent you the SAR information as they should do that within 30 days.
Andrew says
I’ve just phoned them today and they have apologised for the sars and lady I spoke to says she will chase it up. I get the feeling they either haven’t done a proper check before finance was given or the sars is damming to them and don’t wish to release the information they have on me. They also stated that I should have a final response this week which I’m guessing will be them rejecting my complaint. If they reject and they still haven’t sent out my sars what is the next course of action.
Sara (Debt Camel) says
Send it to FOS and also tell FOS that they haven’t yet supplied the SAR
Andrew says
Hi I’ve received my sar today by email after chasing them up again. It’s 150 pages long and what they have in is bank statements I recently sent, signed credit agreement, driving License, passport other information. There is 12 pages of cais? But there is no information on my income and expenditure no payslip (can’t remember if I sent one) also no information on my two defaults on credit file and my two Ccjs that I had at the time. Question is is the cais checks all companies do while checking credit files?
Sara (Debt Camel) says
CAIS is one way lenders can look at your credit records.
Lenny says
Moto novo finance after sending your template, have refused my claim, I could only obtain 2 months worth of bank statements prior to arrangement.
On the statements it showed my wage.
After averaging them out, they said that disposable income was 300.
The money that was paid was inclusive of overtime, flat income after tax was 1600, if no overtime available?
Do I still have cause to persue?
Sara (Debt Camel) says
Was your overtime regular?
As I said before, you can get bank statements from closed accounts.
Do you agree that on the bank statements you provided you did have £300 disposable income? Or did that not take into account your other debts or all expenses?
Did you complain about the car quality and the amount you have had to spend on repairs?
RD says
Hi Sara.
I put in a affordability complaint to SMF. They sent DSAR, but I couldn’t find credit report nor I&E.
They emailed back saying “ Your DSAR should include the CAIS information which is an extract of your credit report on your application. Regarding Income and Expenditure, we have submitted all the information we hold. We wouldn’t of done an Income and Expenditure form with you. As part of your affordability complaint this will be discussed with you.”
Is this the same as a credit report?
I had a few big loans with missed payments before and after the car finance was given to me. Also two loans one before and one after went to FOS and they agreed they shouldn’t have been given, which have now been settled.
Sara (Debt Camel) says
Do you have your bank statements for this period? And a credit report? Perhaps you have already sent them to FOS?
RD says
Hi Sara.
Sent an affordability complaint to SMF and requested DSAR.
They sent it to me, but I couldn’t done credit report or I&E. When asked, they replied with “ Your DSAR should include the CAIS information which is an extract of your credit report on your application. Regarding Income and Expenditure, we have submitted all the information we hold. We wouldn’t of done an Income and Expenditure form with you. As part of your affordability complaint this will be discussed with you.”
Is CAIS the same as a credit report?
Also no I&E, surely that’s a red flag?
Sara (Debt Camel) says
CAIS is one way lenders can access your credit report details.
Re the I&E I suggest you wait And see what their response to your complaint is.
Andy says
So i had car finance for 9 months in a 60 month period i handed the car back after 9 months the fos has upheld my case and im awaiting the final letter off them but what is classed as fair usage the car was £6500 and i paid 9 payments of £235 would i be due any back
Sara (Debt Camel) says
In this sort of case, typically what happens is:
– the balance you owe is wiped
– your credit record is cleaned
– you are refunded any deposit you paid
– FOS sets a “fair usage rate” for what it is reasonable for to have paid for use of a car you were not buying.. if this was £125 a month, you would be refunded the extra you paid eg (£235-£125]*9= £990
I can’t guess what the fair usage rate is – FOS should have said.
Andrew says
Hi I have a result from Smf, they have offered to write off remaining balance nearly 3k and refund £1200 which means I’ve paid 1k over the sale price. I’m happy with that considering it could of taken another 8 month if it went to the fos. 8weeks are up on the 2nd June so I’m actually impressed with Smf and there complaint handling.
Sara (Debt Camel) says
glad to hear that Specialist Motor Finance has upheld your complaint directly.
Will says
Hi Sarah
I had car finance via blue motor finance I took out in Dec 2018 @ £277 a month. Car was £9500, interest over 50 months £4603. Was taken via broker car finance 247.
At the time I was living at home paying £200 board, earning £1400 but was in circa £4K debt and struggling and missed 4 payments over the term. Car was sold to a dealer in May 2021 and finance settled
Do you think I have a good case for the affordability argument? I would mainly like the negative markers removed as it’s affecting mortgage application
Best
Will
Sara (Debt Camel) says
Yes if you were struggling with 4K of debt then the car finance lender should have looked closely at your situation to check the finance was affordable.
Graeme says
Hi Sara. I’ve won my FOS case affordability. £2442 was the overpayment which was made in august 2020 which should be refunded. As it’s now June 2022, including the 8% interest what should my refund be?
Sara (Debt Camel) says
The 8% would be roughly £370, the lender will probably deduct 20% tax from that 8% element – not the overpayment which you will be refunded in full – but you may be able to claim that £75 back from HMRC, see https://debtcamel.co.uk/ppi-payday-refund-get-back-tax/
Haytch says
Hi Sara
Just a quick message to say thank you for all that you do.
I made a complaint to one of the leading car finance providers. They responded within the timeframe and informed me that they were upholding my complaint.
Thanks again,
Sara (Debt Camel) says
that is good news.
If you could share a few more details including the name of the lender, other people would be very happy to see this.
Stuart says
comment *
Hi Sara,
I have received a response today from FOS any idea what i can do next?
My loan was in 2014 and i complained in jan 2022 and they said i should have reasonably known sooner and made a complaint as i complained about payday loans being unaffordable in 2017.
Any help much appreciated
Stuart
Sara (Debt Camel) says
I suggest you go back and say that in 2017, you thought the refunds were only being given for high cost short term loans and you had no idea that a complaint could be made about a Car HP contract.
Dean says
Hi Sara. Made a complaint to Moneyway. They took 9 weeks but upheld my complaint. They have me the option to keep or return the car. I chose to keep it. Now 4 weeks on have heard nothing further. I chase every couple of days but still no offer letter. I have heard lots of excuses about how busy they are. Do I wait or escalate to FOS
Sara (Debt Camel) says
How much did you borrow? How much have you paid them so far? are you still making payments?
Dean says
Hi Sara.
I borrowed 14k. Am I’m the last year of the agreement and paid all bar about 2k. Paid for this month but have asked them to freeze now as complaint is taking so long. But other than upholding the complaint they are dragging their feet.
Sara (Debt Camel) says
ok that sounds as though the Ombudsman’s decision would normally be that you keep the car and have the interest you have paid so far refunded.
I suggest you say that if they haven’t paid you in two weeks, you will be sending the case to the Ombudsman.
Mr and mrs c says
Right the financial ombudsman has upheld my complaint i took finance out in june 2019 but sent the car back in 2020 after only making 7 payments of £232.92 . Heres what the conclusion was
Am i due anything back off them Sarah
have this car. In doing so I think a fair amount Mr and Mrs Clarke should pay is £125 for each month they had use of the car. This means Glenside can only ask them to repay a total of £1,500.
To settle Mr and Mrs … complaint Glenside should do the following:
Refund the deposit and add 8% interest* from date of payment to date of settlement
Glenside to calculate how much Mr and Mrs …..has paid in total and deduct £1,500 for fair usage and refund the difference adding 8% interest* from date of
payment to date of settlement
To remove any negative information recorded on Mr and Mrs ….. credit file
regarding the agreement
If there any arrears after the settlement has been calculated, Glenside should
arrange an affordable repayment plan. And treat Mr and Mrs …… with forbearance and due consideration.
*HM Revenue & Customs requires Glenside to take off tax from this interest. Glenside must give Mr and Mrs …… a certificate showing how much tax it’s taken off if Mr and Mrs …… asks for one.
Sara (Debt Camel) says
did you pay a deposit?
You had the car for a year before they took it back?
Ernest says
Hi ..pls quick question ..how long you submit you claim to financial Ombudsman before they get back to you pls? How many months pls? Still waiting for 2 months now
Mr mrs c says
Can take upto 12 months sit tight and be prepared to wait
Mr mrs c says
£300 deposit yes i had the car a year but only paid for 7 months
Sara (Debt Camel) says
Then you should get back the £300 deposit plus 1630-1500= 130. Plus a tiny bit of 8% interest.
And the balance of the debt remaining should be cleared and the default removed from your credit record.
Mr mrs c says
So am i right in thinking
7x £232.92 +£300 deposit +8% = £2084 -£1500 = £584 paid back to me ?
Mr mrs c says
Just checked old emails this is what ive paid
Voluntary termination amount is £5,840.08. To date you have paid £2,313.36 including deposit so the outstanding liability is £3,526.72 excluding recovery and excess damage fees. Once this request has been made, we are unable to retract the request.
Mrs and mrs c says
So Glenside have sent me this during the week i think they will challenge it or just drag it out to the 4 of july
(We have received the decision from FOS and are currently considering the matter. )
Nathan says
Hi,
I made an unaffordability complaint to Moneybarn all thanks to Sara for the templates I sent them an email on May 2021 and they responded on July 2021 that I was not eligible for an unaffordability claim and they felt the loan was affordable at the time. I referred it to the FOS and on May 2022 the adjudicator ruled in my favour and within the timeline provided Moneybarn agreed with the adjudicator on June 2022.
I had to send bank statements and credit reports to show the FOS that I was living on a monthly basis in payday loans.
The total loan we paid Moneybarn was 26000 whereas the car cost us 13000 they have agreed to refund all interest charges and pay the 8% interest. Which they will pay in the next 28 days.
Sara (Debt Camel) says
good result – it’s about time Moneybarn started upholding complaints themselves, not forcing them to go to the Ombudsman.
Nathan says
Sara, thanks a lot for all your help without your templates and advice we will be lost. We would like to donate a potion of our claim to debtcamel is there a link for us to do that?
Sara (Debt Camel) says
No, but a small donation to your local Citizens Advice or food bank would be lovely.
John D says
Hi Sara
I had a Refund from Moneybarn
Do I or Moneybarn inform HMRC of the Tax Deducted from Refund
Regards
John Duddigan
Sara (Debt Camel) says
Moneybarn have told you how much 8% interest there was and how much tax was deducted?
John says
Yes they have Sara
But do I inform HMRC of the amount or do Moneybarn do that
Sara (Debt Camel) says
Moneybarn will have told HMRC.
You can make a claims for repayment of some or all of the tax deduction, see https://debtcamel.co.uk/ppi-payday-refund-get-back-tax/
Neil says
Moneybarn turned my one down so i put a complaint in with fos but still waiting to hear back from fos anyway moneybarn rang me last week to talk about my arrears and they mentioned i sent it off to fos so im wondering how do they know when my case not been assigned yet
Sara (Debt Camel) says
FOS’s first step which is always quick is to ask the lender for their case record. It won’t go into a queue for an adjudicator until FOS has this.
Sara (Debt Camel) says
What did you arrange about the arrears?
Bee says
Hi Sara, so I submitted my claim to Moneybarn in March 2022 for the car loan taken out in March 2015. They have since come back and declined my complaint stating it was affordable and I am over the 6 year limit to raise a complaint. This final response was received 2 weeks ago and I have shared this with FOS. My issue is this, I had 3 CCJs abd 2 pay day loans on my credit file at the time. Plus the Moneybarn loan became my priority debt leading to me missing other payments to council tax and property management fees on my property. All of which I have evidence of and subsequently led to additional ccjs on my file. I have a copy of my credit file from the time of the loan being taken out so it’s quite clear thorough checks were not carried out by Moneybarn. I have shared all this info and evidence with FOS, but still waiting for my case to be allocated. What do you think my chances are please?
Sara (Debt Camel) says
It’s good you have a copy of your credit record. It may also help if you can get bank statements going back as far as you can, so try to get these now, don’t wait to be asked by the Ombudsman.
Nathan says
I had a similar issue the FOS asked me if I was aware of unaffordability lending and why I did not complain earlier, I informed them that I was not aware and only recently was aware of unaffordability lending and they took up my case. But if you raised any previous unaffordability cases with the FOS a few years ago then it might be difficult.
Nathan says
Hi John, how long did it take you to receive the refund since getting the letter?
John Duddigan says
Hi Nathan
I started claim in October 2021 and got Payment in February 2022.
I ended up getting FOS involved and they upheld the claim
Hope that helps
Mr and mrs c says
So Glenside finance have came back with this
I hope all is well.
Thank you for your email below.
I can confirm Glenside has been in contact and provided some further information to be considered.
The information provided relates to the condition the vehicle was returned in and it has provided a report to demonstrate the damage as well as costs to repair. It is the responsibility of the individuals in possession of the vehicle during a hire purchase agreement to take reasonable care of the vehicle, with costs of damage outside of what can be considered “fair wear and tear” usually being charged by the business.
Glenside as a result would like to consider the overall outcome you hoped for when referring the complaint to our service to be the outcome as an appropriate resolution. This is taking into account all of the circumstances including the sale of the vehicle which would have been affected by the damage to the vehicle at the time. This means no payments will be due or to be paid which is the outcome you hoped for when referring the complaint.
If you would like to proceed with the resolution Glenside has proposed or would like me to look into this matter further please let me know by 4 July 2022.
Please do not hesitate to let me know if you have any concerns or questions and a convenient time for me to call you to discuss if necessary.
———–
I need to add that the car was returned in the absolute same condition from the day i purchased it including the scratch from the wing onto the bonnet as i never viewed the car before it was purchased it was all done online and I traveled 40 miles to collect it on the weekend id also like to add
When the car was collected i was not made to sign anything to say there was damaged and Glenside have never mentioned it in the 2 years this has been going on also the car was sold via auction so i doubt this was repaired . Sarah where do i stand
Sara (Debt Camel) says
How long ago was the car returned? do you currently still owe a balance?
what was the date on the damage report?
Mr and mrs c says
The car was returned june 2020 the Fos agreed with my unaffordable lending claim but instead of them paying me out Glenside think it should be a closed case with no one owing anything to each other ive not seen the damage report and this is the first ive heard of it today
Sara (Debt Camel) says
And is there a balance still owed? How large?
What cash refund did you expect?
Mr and mrs c says
Yes £6000 still owed but already paid £2300 so fos said £1500 desuctions for the use of a year so £800 plus 8% my argument is that they have never mentioned the damage in 2 years this has been going on and the scratch thay are referring to was already there when I purchased the car over the net
Sara (Debt Camel) says
ok so you are getting most of your redress through the large balance write off and having your credit record cleaned.
I suggest you go back to FOS and say that Glenside never mentioned the damage to you and you have never seen this damage report so you have not been able to dispute it. Add that there was already a scratch when you bought the car.
I don’t suppose you have a photo of the scratch when you bought the car?
Mr and mrs c says
Unfortunately I dont have any photos of the scratch when i bought . I have said this to fos also contacted glenside and they have sent me the damage report that is absolutely nonsense
dateds 27/7/2020 and only w photos of the damage that was there all states it needed a complete polish when the inspection was done in the rain
Sara (Debt Camel) says
so it just needed a polish? can you point out again to FOS that the lender did not see this as important at the time, it is unfair you are only being shown this now at which point you can’t contest it, and that c £800 sounds a surprisingly large cost for a “complete polish”.
Neil garner says
Hi sara something really odd has happened, i took finance out with moneybarn the car was 18k and would have to pay back 33k. Put in an unafordability complaint to moneybarn and they declined it so sent it off to fos and money barn contacted me about my arrears which was 3k and had 2.5k left to pay onit so total of 5.5k and they mentioned that its with fos aswel, anyway checked my account today as they didnt take payment and noticed it said balance 0 so i rang them up to enquire and they said they wiped all the money off 5.5k and now the car is mine and they sent an email confirming it and i decided to ring fos up about it as it seems strange and they agree its strange and they not even assigned an investigator yet
Sara (Debt Camel) says
Strange but in a good way! It’s good not have the threat of repossession hanging over you while the complaint goes through.
So you have already paid about 27.5k? If FOS uphold your complaint, then you should get back 9.5k plus some 8% interest. I wonder if they are hoping you will now drop the complaint>
Neil Garner says
Thats what i was thinking hoping i would drop the case and not chase it
Michael Farrell says
Hi Neil I think the same has just happened to myself , Did your letter just say your agreement has now ended ? The letter has very little info why it ended but can’t get through to them today due to them not working satudays just hoping I am now in the same situation like your self
Neil Garner says
Yeah your agreement has come to an end but when i spoke to them last week they said because of cost of living. I just think its so i dont follow through with the fos because the claim back is worth more than the car and what i had left to pay
Michael farrell says
That’s great thanks Neil
Michael Farrell says
Hi Sarah I was wondering if you could help me ? 5 months ago I did a claim against money barn but they declined so I sent to FOS which they are still looking into however today after returning back from holiday i had a random letter saying my agreement has now ended and nothing more to pay ? I am only 1 month behind on areas which is £325 a month and have a year left to pay with 1 month also behind but this is a payment holiday , would you think this is now them trying to do the right thing and cancelling hoping I will forget about my claim ?
Sara (Debt Camel) says
You are not the only person this has happened to – see the comment from Neil just above this…
I can’t see any reason to not let your claim carry on through at FOS. How much did you borrow (not including the interest)? and how much have you paid to date?
Michael Farrell says
Hi Sarah thanks for the quick reply , I paid £500 deposit and roughly 48 payments of 323 a month for a total of 5 years so roughly 19800 for a 9000 car
Sara (Debt Camel) says
so that should be a significant refund – at least now you don’t have the stress of trying to keep up the payments while the FOS complaint goes through. Let FOS know what has happened and that you want the FOS complaint to proceed.
Ryan says
Hi Sara
Hope you’re coping with the warm weather!
I asked a while ago about a complaint about unaffordable car finance, I think I have a really solid case against car finance 247 due to the sheer about of negative factors I had going on when they accepted me for a very high interest car finance, the response mentioned that if I complain too early they may look to take the car back, I was just wondering, if wait until my payments made so far add up to the total cost of the car (minus interest and my deposit) and my claim was successful, would the outcome likely just be they would calculate what I’ve paid and refund any interest on top of cost of car minus the deposit?
Sara (Debt Camel) says
yes that would be the likely outcome. Plus clear the outstanding balance of course.
Ryan says
Thanks, do you think it’s worth waiting until this point? Is there a benefit (in terms of refunding simple interest if I go to ombudsman) to waiting until the end of the finance agreement to make the complaint, or do you think waiting until it’s paid off could have a negative impact? I have missed 2 payments but made higher payments to make it up other months so far in my agreement and I’ve had it about a year and a half
Sara (Debt Camel) says
I think you should make the complaint as soon as you have repaid the amount borrowed, ignoring the added interest.
Delaying longer hoping to get some extra simple interest is foolish. These complaints can take a long while to go through sometimes. What if the finance comany goes into administration? what if your situation gets worse because you lose your job? You should make the complaint as soon as you can.
Cj says
Has anyone used moneyway for car finance and had any luck with affordability complaints .paid almost 5k interest over 5 years.i to at the time was not in a good place with debts almost 5k overdraft payday loans etc bad credit rating . I’ve literally just fi ished paying should have been March but was in arrears
Sara (Debt Camel) says
Quite a few complaints against them – last year they were delaying a lot, but seem to have speeded up giving responses – send to the Ombudsman at 8 weeks if they don’t respond to you.
A few people have reported getting a reasonable offer from them but most have to go to the ombudsman. They reject a lot of good complaints.
Get your complaint in right away. These complaints are easier and quicker if they go to the Ombudsman within 6 years of taking out the finance.
Neil Garner says
I thought i would do a test with moneybarn when i took my finance out in 2017 i had 2 ccjs number of fresh defaults and alot less earnings than i am on now and refected my claim for affordable lending.
Did a test other day where i got no ccjs on my record only 1 default and with earnings of 1200 a week and they rejected my application which i think goes in my favour when fos assigns an investigator to my complaint
David says
Hi Sara. Due to extreme circumstances I was able to have my case prioritised. For the benefit of your users, FOS upheld my case against Moneybarn confirming my grievance that they grossly underestimated actual income, didn’t perform sufficient checks etc.
I will get a full refund with statutory intetest and they’ve also applied fair usage. Expecting approx 70% return from the original deal so absolutely delighted.
Wouldn’t have done this without your assistance. Truly appreciated.
Penelope says
Hi
I bought a new car in November 2019 the car cost £19,957.99 and the finance was taken with blue motor finance the total amount I’m to pay back is £25,437.40. The monthly instalments are £423.94 over 60 months. I still have £11,870.32 left to pay. My monthly income at the time was £1873. Is this classed as a high interest car loan? No proper checks were done I wasn’t asked to submit bank statements or wage slips and no detail of my income and expenditure was taken. I was and still am paying high interest car loans and I have maxed out credit cards. I have only paid back £13,142.
Should I make an u affordability complaint. I don’t want to lose my car and I don’t want to give it back.
Thanks I’m advance
Sara (Debt Camel) says
Is this classed as a high interest car loan?
The interest rate itself doesn’t matter. what is important is if the £423 a month payments were affordable when the finance was given.
I was and still am paying high interest car loans
So you already had another car on finance?
Penelope says
No sorry I was/am paying high interest loans also
Sara (Debt Camel) says
can you afford the current car finance repayments?
The problem if you make a complaint now is that if you win it before you have repaid the cost of the car – 20k – then the Ombudsman is likely to say you have to had the car back and will be given a refund. If you don’t want that to happen, you need to delay complaining until you close to that point.
you can obviously make complaints now about your other high cost credit, and if stopping paying that would let you manage to carry on with the car finance payments until you can claim and get a decision, that could be a way forward for you?
John D says
Hi
Has anyone had any joy with unaffordable claim with Startline Motor Finance?
I purchased a Car through Trustford which Startline Motor Finance providing the Finance.
I purchased in January 2020
Am 2.5 yrs into a 5yr Agreement
It’s a Second Hand Car so no balloon payment at end
I have put in a Unaffordable Claim with Startline at Beginning of June 2022.
I will carry on with Monthly Payments while claim is being investigated.
I want to keep the car but at an affordable rate.
Once the 8 wks is up shall I escalate to FOS for Investigation
Sara (Debt Camel) says
I don’t remember anyone mentioning them.
how much do your toal payments – deposit plus the sum of the monthly payments – add up to? And what was the purchase price of the car?
John D says
Hi Sara
Here are the figures taken from my agreement with Startline Motor Finance
Cash Price : £10,515.49
Deposit : £500.00
Amount of Credit : £10,015.49
Charge for Credit: £4512.11
Total Payable: £15,027.60
Interest Rate(Per Annum Fixed) : 15.70%
APR: 16.9%
Monthly Payment over 60 Months : £241.96
Start Date January 2020
Finish Date January 2025
Paid so far: £7758.80
Balance as at 05/08/2022 : £7268.80
Sara (Debt Camel) says
ok so so far you haven’t paid (in deposit plus monthly payment) the purchase price of the car. On those figures it looks as thought you will have reached that point after another 11 payments? Please check that as this matters…
In this situation FOS normally says you have to give the car back and get a refund of your depot plus monthly payments less a “fair usage chage” for the car.
If the lender makes a satisfactory offer to your complaint, then fine. If they don’t, then you don’t have to send the complaint to FOS immediately – you have 6 months from the date of the finance company’s response to do that. If you wait that long, it is unlikely FOS will have decided your complaint before the time you have paid 11 more months payments.
This does depend on you being able to carry on with the payments for a considerable length of time. the FOS decision could take 6 months +. What is your current financial situation like and how much worse will it get from October when energy bills go up again?
Do you have unsecured debts as well – cards, loans, overdrafts?
John Duddigan says
Hi Sarah
At last got SAR Report from Startline Motor Finance
In the Report was an Invoice from Trustford with breakdown on amounts to Finance.
should have checked at the time of Purchase
There are are some items that i didnt know about and didnt ask for and they are as follows
Diamond Brite Premium = £332.50 +£66.50 vat = £399.00
Obilgor Warranty 36month = £770.83 + £154.17 vat = £925.00
Car Care Alloy Wheel Cover 36 months(Expires 23/01/2023) = £220.50
Car Care Cosmetic Cover 36months(Expires 23/01/2023) = £381.00
Car Care Tyre Wheel Cover 36months ( Expires 23/01/2023
Trustford Keepsake = £79.99
Total = £2245.49
The above were Mis-Sold
Can i claim Back from Trustford?
or do i leave till i send Unaffordable Claim against Startline Motor Finance to FOS
Am still waiting for Final Response fro Startline Motor Finance
Sara (Debt Camel) says
I don’t know – this is not part of an affordability claim, this is a consumer issue about whether you were properly informed about these extras. You could talk to Citizens Advice about this.
John Duddigan says
Hi Sara
The Cash Price of Car was £8200
The extras Trustford added which I didn’t agree to pushed the price up to £10015.49
Startline have now issued their Final Response and they will not uphold my Complaint
I have paid Startline £8000.26 so far
Leaving a Balance of £7026.84
Am I to early to send to FOS
Sara (Debt Camel) says
I don’t know what FOS may say about these extras.
If it wasnt for those, then you are very close to having paid the amount the cash price of the car.- just one more payments. So it would be safe to send this to FOS now.
John Duddigan says
Hi Sara
Thought I would just enquire with Trustford why all the extras were added.
They say I signed for them to be added to be added.
I signed a lot of forms that day. I was at Dealership all day waiting for my car.
The extras that do concern me are the Diamond Brite Premium application to car and 3yr Extended Warranty.
Total £1324.00
They say no Refund will be issued as they have signed documents to that effect saying I agree to purchase them.
Shall I pass on all emails from TrustFord to FOS
Sara (Debt Camel) says
Yes – it isn’t clear to me if these were optional or had to be included with the finance package
John says
Hi Sara
Many Thanks for Reply.
I will carry on making the Monthly Payments till i reach Cash Price.
Monthly Budget is Tight but ok.
I await outcome from Startline Motor Finance and see what they offer
Ref Energy : I only have Electricity and am on 2yr Fixed Rate which started a couple of months ago
Yes i Have 3 x Credit Cards. Is it best to approach them to arrange a Payment Plan to clear Balance?
Sara (Debt Camel) says
I will carry on making the Monthly Payments till i reach Cash Price.
to be clear, you have to carry on making the payments until your complaint is resolved.
Yes i Have 3 x Credit Cards. Is it best to approach them to arrange a Payment Plan to clear Balance?
That depends on how tight things are…
Making a payment arrangement will harm your credit record, so if you can pay them AND pay all your bills AND pay for the essentials without getting further into debt, then that is better than a payment arrangement.
But if the only way you can pay the cards and the car finance is by getting behind with bills, or getting more credit (though spending more on the cards or new credit) then a payment arrangement for the cards should probably be your first thought.
Talk to National Debtline on 0808 808 4000 if you are unsure what to do or what to offer to the cards – you need the facts so you can make an informed decision.
John D says
Hi Sara
Many Thanks for all your advise
Very Much Appreciated
Ref Credit Cards. I will carry on paying them minimum payment. More if there are funds available when all essential bills have paid
Regards
John
John D says
Hi Sara
After 4 wks Startline Motor Finance has still not issued me with SAR Report I requested
What is my next step
After 56 days they still can’t issue a Final Response. Still ongoing.
Gives me little bit more time to work towards the Car Cash Price before passing onto FOS if needed
Sara (Debt Camel) says
as you aren’t in a hurry to send it to FOS, I suggest you wait for a couple of months.
Dee says
Hi Sara,
Can I make an affordability complaint if a loan with Moneyway is over 6 years old (2012)? I had to VT the car a year later (it was 60 month agreement) and I’m still repaying the interest in a DMP now. At the time I had defaults, was in a DMP (with 30k plus debt), numerous payday loans and a previous VT 12 months prior (that I was still paying off). I also recently had a provident claim upheld for affordability.
Are there any success stories for older loans? Is it best to do a SAR request first to see what they still hold?
Best wishes,
Dee
Sara (Debt Camel) says
yes in theory. the question is, how much evidence there is.
At the time I had defaults, was in a DMP (with 30k plus debt), numerous payday loans and a previous VT 12 months prior (that I was still paying off).
do you still have any records (paper, email, whatever) of any of this? Have you used the same bank all through this period so you could get old statements from them?
Are you still paying Moneyway in the DMP or has the debt been sold?
Dee says
Thank you so much for getting back to me so quickly.
I have payday loan paperwork, some default letters and DMP paperwork that details all my debts at that time (paper and by email). My bank account is closed that I used at the time, so not sure if I can get old statements printed in branch.
The debt has been sold, and was with one debt collector in 2014 and then was sold to another debt collector in 2016.
Sara (Debt Camel) says
That sounds like enough evidence to me. I suggest you make the complaint now, say in the complaint that you have paperwork covering your debts at the time, but expect to have to send this to the ombudsman.
Sara (Debt Camel) says
My guess is they will; reject your complaint whatever you do, so it will have to go to the Ombudsman.
But sending them the evidence is a good idea.
Dee says
Hi Sara,
I have heard back from them saying they are unable to locate the account as the account may have been deleted in line with GDPR. Then I got a separate email from the DSAR team saying the same thing. Does that mean nothing can be done? They haven’t mentioned anything else in their reply so I’m unsure what to even say as I included over 20 pages of letters received from them at that time.
Sara (Debt Camel) says
how large is the balance in the DMP? who is the current creditor?
Dee says
Just under £5k and it’s with debt managers and they bought the account in 2014.
Sara (Debt Camel) says
then I suggest you ask the current creditor (Debt Managers? you said it had been sold again in 2016?) to produce the CCA agreement for the finance. See https://debtcamel.co.uk/ask-cca-agreement-for-debt/ – if they can’t produce that, then the debt is unenforceable in court and you can stop paying it.
I assume this debt has already dropped off your credit record.
But also send the affordability complaint to the Financial Ombudsman now. You have some evidence about the car finance, if the current creditor can produce the CCA agreement, that will be more.
Dee says
Forgive me, I got it muddled! Yes you are right – it was sold to talon debt recovery in 2014, then to debt managers in 2016.
Ok great, I will do that. I also did a SAR request with debt managers and got that back a few weeks ago with no cca, shall I send a separate request?
I have a copy of the hire purchase agreement, but not one signed by me and them, it’s just one signed by them.
Sara (Debt Camel) says
yes make a formal CCA request – use the link in the article I gave and send a cheque /postal order for 31 with it.
To be clear. You do NOT want a copy of the CCA agreement, instead you want Debt Managers to say that they cannot produce the copy – then it is unenforceable.
If DM say they will ask the lender and then later produce it in a couple of months – that suggests that the lender has NOT deleted all your records.
Dee says
Ok brilliant, thank you so much. I will get that done today.
One last question sorry – The agreement I had was sent in the paperwork for the complaint, could they use what I’ve sent them and provide it to debt managers or would they need to produce the original signed copy with my signature?
Sara (Debt Camel) says
That is hard to guess. Just take this a step at a time.
Dee says
Hi Sara,
I sent this request to the creditor with a cheque using the sample letter, they sent the cheque back and said they had referred back to their client and would be in touch and would put my account on hold until beginning of November. This was over 2 months ago, do I chase this or just wait it out?
Thanks so much,
Dee
Sara (Debt Camel) says
What sample letter did you use? Was this about car finance or asking for a copy of the consumer credit act agreement?
Dee says
So sorry I didn’t get notification of your response. It was for the cca agreement. I have since called debt managers and they said Moneyway have said they don’t have a copy of it anymore but they haven’t responded to my request in writing and it’s clear they weren’t planning to. They also said that they’ve sold my account to Intrum UK now. So unsure what to do now as they basically said it’s not their problem now. I assume it will also be a very long time before the FO allocate my complaint.
Sara (Debt Camel) says
then send a new request for the CCA to Intrum enclosing £1 and also tell Intrum you have made an affordability complaint about the debt which is currently at the Ombudsman.
Dee says
Ok thank you so much, I will do that tomorrow. Thanks so much for your help.
Dee says
I have finally heard back from the investigator, who initially appeared to accept my reason for why I didn’t complain sooner. But has now come back and said that as the car was repossessed in 2013 I had 3 years from then to log a complaint and that MW have said they don’t agree to the complaint been looked at. But I had a breakdown, that would have been impossible to do, but the investigator has decided that isn’t a valid reason.
The investigator also stated: “I think it’s also important to note that if our service was able to look into the merits of this complaint, due to the lack of information available, it would be unlikely we could ask Secure Trust to take any action. I say this because when I asked you to provide me with copies of your credit file and relevant bank statements, you were unable to send these to me due to how old the information is.”
But I have provided over 30 documents of evidence of finance paperwork, DMP paperwork, payday loans, defaults and the default notice, finance agreement, debt collection letters, reposition letter and auction paperwork from MW.
I had another ongoing complaint with the FO regarding defaults from 2012 that was just resolved in Feb 2023 (complaint was made in 2021) and despite this the complaint was upheld and they were held to account.
I am not sure what to do now, as I am still left with this huge debt that I can’t pay off.
Sara (Debt Camel) says
Have you asked Intrum to produce the CCA agreement for the debt?
Dee says
I did, and they wrote back saying they have contacted MW for the agreement and I’ve heard nothing since. MW didn’t have it at the time of my SAR request. But I’m not sure if they have it now as the FO asked me for the agreement which I sent to them. So not sure if that has since been forwarded to MW.
Sara (Debt Camel) says
I think you need to ask Intrum if the debt is currently enforceable.
I hope you told FOS it was important they do not pass the CCA agreement to MW.
You can ask for the adjudicators decision to go to an Ombudsman for a final decision. Set out a summary of the reasons why you disagree with it
– you knew you had major financial problems when the car was repossessed but at that time you thought this was your own fault. As you did not know then that MW should have made affordability checks, you had no idea that they were partly responsible for your problems so you had no reason to complain
– you had a breakdown at that time because you were under so much pressure.
– you do have some evidence relating to your financial problems at the time you took the car finance out (NB evidence about what happened when the car was repossessed is probably not that use as an affordability complaint is all about your situation when the finance was approved)
Dee says
Thank you so much. I will do that. I didn’t tell them not to share it, that is my fault for automatically assuming they wouldn’t share anything. Do you think it is too late to request this?
Sara (Debt Camel) says
May as well do it now.. I would hope they don’t share but better safe than sorry.
Dee says
Hi Sara,
I wanted to update you about this complaint.
The complaint is still ongoing, an Ombudsman made a decision they could look into the complaint after the investigator wouldn’t budge. It was passed to the investigator who then agreed the lending was unaffordable and proposed a lower monthly amount for the time I had the car which would result in some kind of refund. MW never responded, so it now has gone back to the Ombudsman, but we are trying to collate all the payments I made before and after the repossession as MW said they have no paperwork left. But I noticed something that I never noticed before and wanted to check with you.
On the default letter it mentioned the balance I owed (which was with rebate), but after the car was sold they came after me for the full balance with no rebate. Is that standard practice? The default letter is worded in a way that sounds like they will only come for full balance if they have to seek a court judgement, and the loan T&Cs say if they end the agreement I must pay the balance less any rebate I may be entitled to.
But this never went to court, I voluntarily handed the car back when they terminated the agreement.
So I just wanted to check if this is normal that they have charged interest for the full term of the loan (5 years) even though I had the car around 16 months? Thanks so much for your time.
Sara (Debt Camel) says
The normal redress ordered by the Ombudsman when the car has been handed back / repossessed is that the balance should be cleared, your credit record cleaned up and you will get a small refund for each month you had the car.
It sounds as though this is what FOS has said in your case?
In this case it doesn’t matter if the balance of 3k or 13k, it will be cleared. But what you have mentioned sounds standard to me – you don’t get an early settlement discount unless you settled the finance, which you didn’t.
Wendy smith says
Hi Sarah , I am looking for some advice from you please . I had car finance with motonovo from January 2017 to January 2021 . I completed the finance on time, without any missed payments . At the time off taking the finance , I was desperate for a car, as I worked 12hr day shifts and night shifts with the ambulance service , public transport wasn’t an option . I was on a DMP with stepchamge at the time of applying , and making the payments was extremely difficult , but I really had no choice . I applied for the finance online through Arnold Clark , and was never asked for any proof off income or bank statements. Can you advise if I have any complaint , and if I do , how do I go about complying ?
Thankyou
Wendy
Sara (Debt Camel) says
If making the payments was very difficult then you may well have a good claim. Arnold Clark should have seen from your credit record that you were in financial difficulty and they should have taken care to check the finance was affordable for you.
You can use the template letter here https://debtcamel.co.uk/refunds-large-high-cost-loans/ to start a complaint. do get your banks atetements from the application time – 3 months before and 3 months afterwards – and send them with your complaint.
Wendy says
Thankyou for the advice , it is very helpful. I will send the complaint off tomorrow with bank statements.
Catherine says
Did anything come of your complaint to motonovo finance?
Anonymous says
Hi Sara,
I’m after some advice if possible. I took out a car loan in December 2021 for a £22,950 car with Motonovo finance. The car is costing me £386.90 a month on a part time job earning £200 a week. I was never asked for any proof of income or bank statements. I am struggling to make the repayments and have missed two already. Is this something I can complain about?
Sara (Debt Camel) says
Did you pay a deposit?
Anonymous says
Just part exchanged a car for £7,000
Sara (Debt Camel) says
has something major changed in your finances since you took the loan out?
Anonymous says
No nothing has changed, just cost of living has increased. I also have a dependant
Sara (Debt Camel) says
OK so yes you can make an affordability complaint, see https://debtcamel.co.uk/refunds-large-high-cost-loans/ for a templates.
However you are not close to repaying the amount borrowed if no interest is added.
In this case you need to know that if this goes to the Financial Ombudsman and they agree the loan is unaffordable, the most likely compensation they will order is that the car should be returned to the finance company, your contract should be ended, you should be refunded the deposit plus the amount you have paid so far less an amount permonth with reflects a “fair usage caharge”. the Fair Usage Change is set by FOS but is typically quite a bit less than the monthly payments.
Also you will need to make the monthly payments while the complaint goes through, which may take many months. Is this affordable for you?
Emma says
Thank you so much for that information. I will get this sorted right away.
I can afford it yes but as I have been I’ll be withholding other bills from being paid.
Sara (Debt Camel) says
what sort of other bills? do you mean repayments or loans or credit cards?
Because you should NOT get behind with rent, energy, council tax etc to struggle to pay unaffordable car finance when you will not be able to keep the car even if you win the case.
Another option now is to look at Voluntarily Terminating the car finance now, see the
1. Terminate your contract and hand back the car
section in the article above.
You can still make an affordability complaint after VTing the car – if you win that you will get back the deposit plus what you have paid, less the fair Usage Charge.
the difference is that you won’t have the constant struggle of how to keep making the car payments while the complaint goes through.
I suggest it would be useful to talk to National Debtline on 0808 808 4000 about your options now, explain you want to make an affordability complaint.
Emma says
Thank you. I have made an affordability complaint to Motonovo finance and also asked for the SAR information. They have completely ignored my complaint and have just answered the SAR information. Where do I go now?
Sara (Debt Camel) says
many lenders send the SAR info first and then respond to the complaint later.
You have to wait until 8 weeks have gone before sending the complaint to the Ombudsman.
Greg says
Hi, I’m currently dealing with motonovo regarding a car I bought in May 2019. The price was £21,500. Interest was 9.5% over 60 months. Its due to end may 2024. The monthly is £419 and 3 months arears from a covid payment holiday which amount to 1468 including additional interest. I think I paid 400 or 500 deposit as the final available funds on a credit card and a trade in. The combined deposit is £1380.
I had 4 other credit cards that in total (from clearscore) showed credit limit of 12,000 with short term debt at 11,918. A bank account with an overdraft of 2500 always fully used. A buy now pay later mail order facility with about 80% credit utilisation. My long term debit jumped to over 28k once the car was added. In total 40k debt.
The dealer made no attempt to grasp my financial situation. They never once asked for bank statements or income information. They never explained they would be receiving a payment from the finance company and after doing the figures of how much the payment would be, and ensuring I was sold, they increased the Apr so the car was even more expensive and probably increasing their commission at the same time.
Do I have a case?
Sara (Debt Camel) says
So did these car finance payments prove hard to manage right from the start?
Greg says
I had a previous car with alphera which had a history of late payments and payment by cc by a family member.and that was a smaller monthly. The overdraft abd credit cards have been maxed since. I’ve posted self employed yearly profits or around 6 to 7k per year. 😔
Sara (Debt Camel) says
Then that sounds like a good case. But read my replies to Emma just above – like her you haven’t yet repaid the amount you borrowed.
Greg says
Thank you Sara.
I need the car to earn or I’ll have no income. I think there’s about 10.6k outstanding on it Inc. the 3 month holiday from covid.
Is that the only option: repossession?
Sara (Debt Camel) says
probably not unless you are close to having repaid the amount borrowed (not including interest) at the point of the settlement.
But you don’t have to have repaid the 10.6k balance – that includes interest.
Check your finance documentation – how much did you borrow? It sounds like c £21,120 (price less deposit & trade in)
Check exactly how many payments you have made (foget the covid holiday, they were just payments you did not make). It sounds like 34 ish? That would be c 14246. Which is about 14 months.
If both those number are right you are 6574 away fro having repaid what you borrowed.
On that basis you need to carry on paying for another 12 months or so to be sure of having repaid what you borrowed by a settlement.
Can you get through to that point by stopping paying credit cards, loans and overdraft? Car finance is a priority debt, your other creditors should allow you to make token payments if it’s all you can afford.
Greg says
I think your numbers are just about right.
Paid: 35 x 419 is 14,665
Owing: 25 x 419 is 10,475
Total 25140 (after 1380 deposit and trade)
Interest at 9.5% apr is just over 5k.
Amount borrowed will be approx 20120.
£21500 was the price (20120+1380)
Thanks. I’ll await their response. There about a month left before escalation.
If its deemed unaffordable whats the usual minimum redress I should look for?
Sorry for taking your time up.
Sara (Debt Camel) says
The standard FOS redress would be a refund of your deposit (inc trade-in) plua a refund of what you have paid less a “Fair Chanreg Usage” which is normally quite a bit less than the monthly payment.
Catherine says
What happened with your complaint with motonovo?
Greg says
Still heard nothing. I’m hoping to keep the car so the longer it takes is probably better. Could do without the monthly installment though!
The true financial picture I’ve provided from the time the loan was approved is horrendous. I’m my opinion, I’d be lucky to get a sim only deal nevermind a £22k car 🤔
After living the years of hardship before and after the approval, I can’t see how it can be rejected👍
Catherine says
Did they take 8 weeks to respond??Did you get your SAR data from them?
Did you submit to FOS straight away?Has it been looked at by an adjudicator yet?
Greg says
Yes. It was close to the 8 weeks before I got their pathetic response. I sent it to fos immediately
I haven’t been asked for SAR. The information (bank statements, credit card statements, credit score printouts, failed finance attempts) are so damning, I’m not sure I’ll need anything further.
No, no one has been assigned as I’ve gotten emails saying there’s a backlog on this type of case. In Nov it said 4 months.
Sara (Debt Camel) says
FOS won’t ask you for a SAR – they will ask the lender for info they want
John Duddigan says
No didn’t claim on any of them Sara
I certainly didn’t ask Trustford to Diamond Brite car before I purchased it and then charging me £399.00 for the pleasure
I have emailed Trustford asking them to explain
david says
Hi DC. Im going a little off topic here but i have a car on HP which has an extended warranty till March 2023.
Ive noticed a fault and need it repairing, am currently not driving it but im struggling to find anywhere local that will see to the repair as they do not have accounts or deal with the warranty company in question. i live in wigan and i purchased the vehicle from a company in barnsley, so quite a ride away, and i specifically called out during the purchase meeting, BEFORE i was handed keys and signed anything, that i’d need any repairs necessary doing locally to which they said that wont be a problem.
i’m now of course having a problem doing so, which i feared, and in turn i’m wondering if i can complain to the dealership about this as a mis-sell?
Sara (Debt Camel) says
It is a shame you did not get the assurance in writing. I am sorry but you need to talk to a consumer rights adviser – I suggest you contact Citizens Advice.
David says
Thank you!
Sandra says
Hello,
I had an agreement witg Advantage Finance abd struggled with it. Paid in full nearlyva year past end of agreement. They confirmed final balance and upgraded credit file in may as satified. I did have charges which agreed to pay in 3 months span. 9 weeks ago they reopened my credit file for £8 and demanded i paid it immediately or they would default the account after several emails as a gesture of good will they reduced the charges to £50 and waived the other £200. I asked them at the same time to open a complaint about the loan being unaffordable. Two days ago I emailed them asking for their final response. They replied to saying i never raised a complaint and I would need to tell them why it was unaffordable, bank statements etc etc.
Do I need to do this or just go straight to FOS.
Thank you
Sara (Debt Camel) says
Did they say on the phone that they would open a complaint?
Sandra says
I asked them to open a complaint about how they can close an account for 3/4 months then reopen it for £8 and threaten to default if not paid within a week.
My second complaint on the same email was about affordability. They never answered it so when they answered the first section I emailed advising my complaint was in complete and i await a solution.
They are now saying i need to provide proof to open the complaint.
Sara (Debt Camel) says
ah so you made this affordability complaint by email, not phone?
You do not have to provide proof to open a complaint. And if they had wanted more information, they should have asked for it, not ignored that part of your email.
You can send this to the Ombudsman straight away. I see no reason to delay, but if you want you can tell them that your complaint goes to FOS in a week if they have not responded by then as they have already had it for more then 8 weeks.
Sandra says
Just got a reply from them after giving them another week to respond.
“I’m not trying to delay anything, I’m simply trying to get this resolved.
I have found an email which you state “unaffordable” but at the time you was emailing the collections team regarding your payments. some emails do go into spam/junk mail and therefore we might have missed something our end.
Are you able to send over your original email which confirms your complaint? If you are unable to do this then the 8 weeks to send you a final resolution letter will start today.
I am more than happy to open a complaint however I still need you to be more specific with the reasons around your complaint. I cannot give you a detailed response if I do not know the full reasons for your complaint. Affordability can be a number of things.
Please send this information over and I will respond as a matter of urgency.
As this is a joint application I will need to also speak with Steven once you have confirm the full reasons in which you are making a complaint. Both Parties need to be aware of our processes.
Sara (Debt Camel) says
Have you re-read that email?
Do you think it was clear that you were making a seperate complaint about the affordability of the car finance?
Sandra says
Yes defiantly i quite clearly stated that while they were investigating why the account was reopened after months with no communication for £8.
I would also like them to investigate the loan provided being unaffordable.
When they replyed to part of my complaint i asked again
“Then to be told you would default by the end of the week if I never paid. Asking for proof that i settled it. I have all my copies of correspondence you should have the same.
You have not answered my other complaint which was for an unaffordability of this loan.”
Do i need to start again and send then banks statements etc.
Sara (Debt Camel) says
i suggest you reply saying that you were quite clear in your email of dd/mm that you wanted them to look at the loan being unaffordable.
And when they replied to part of that email on dd/mm, you reminded them that they had not replied to the affordability complaint part.
Therefore you can now go to the Financial Ombudsman if you want. But you are prepared to allow them another week to look at this complaint but no longer.
It would help if you can send bank statements – it is a shame you did not send them at the start.
Sandra says
Has anyone claimed against advantage credit for car finance?
Rejected my complaint as i never gave them information on why it was unaffordability.
Just found old agreements for myself only.
Advance payment of £2,000.00
1 payment of £254.21 payable 1 month after the Date of theAgreement followed by58 monthly payments of £254.21 commencing two months after theDate of the Agreement followed by1 payment of £429.21 payable 60 months after the Date of the agreemebt
Total repay. £17427.60
Signed documents then they changed their mind after deposit paid and wanted a second borrower.
This changed to the following which is a big increase. Never checked just needed a car.
Car fianced needed £8107.00
Deposit of £2,422.00
60 payments of £289.10
1 payment of £464.17 payable 60 months after the Date of theAgreement
Total of agreement was. £19947.22
I had 8 defaults we had a joint mortgage arrears of £38k calling up notice 3 times managed to avoid repossession.
Failed payments after several months. Finally paid in full a year late.
Should i send it to Fos?
Any help would be appreciated
Thanks
Sandra
.
Sara (Debt Camel) says
how long ago was this?
Sandra says
Loan was signed in october 2016, finished august this year 2022 so a year longer to pay than the 60 months. Gave them 8 weeks and they denied i raised a claim so gave them another week to respond on your advice. Contacted them Thursday and asked for an update but they wanted another couple of weeks when I said no i have every right to go to FOS now. I had a reply w are not upholding your complaint as you have not provided evidence or adviced why it was unaffordable. I have over 600 emails to and from them over the years to keep them. Informed of whats happening when payments been made, queries about my account etc.
Sara (Debt Camel) says
send this straight to the Ombudsman – like NOW. You want this complaint into the Ombudsman within 6 years of signing the contract.
(FOS can look at older complaints but it’s quicker if they are in the 6 year limit)
Sandra says
Okay, thank you
Fechan says
Hi Debt Camel,
Can you please help I took out a car on finance in the Autumn of 2016 with Moneybarn. Then in 2018 I feel into financial difficulties which meant I had so may arrears on the car I could not afford to keep up with that repayments. I can’t remember exactly how much I exactly ended up paying but it was over £14,000( which was almost double of the car value). In addition I still handed hand the car back to moneybarn.
In December 2018 the debt was shown as settled on my equifax credit file with a 0 balance.
Then today I see that Moneybarn have updated my credit report with £8,799.00 worth of debt and under August 22, entered a 0 which stands for payment up to date which is totally fraudulent as I have had no correspondence or dealing with, nor have I acknowledged any debt. Can moneybarn do this? Isn’t this fraudulent acting as a company? Can I report them to the FCA straight away?
I was then advise to use check my file- where to my horror I can see that Moneybarn have been making up that I have missed payments on Transunion and equifax. And I must clarify I have had no dealing with these people what so ever.
Surety this can’t be right!? They have made a mess out of my credit file? It’s causing me a lot of stress and anxiety, how can i get this sorted please?
Sara (Debt Camel) says
I suggest you send Moneybarn a complaint – say what has happened, ask for your credit record to be corrected and for compensation.
You need to give them a chance to respond to your complaint, you can’t go straight to the Financial Ombudsman.
Two other things:
1) were the Moneybarn payments difficult right from the beginning? It may have been a couple of years before you missed payments, but had paying MB meant that your other debts were increasing? If they were, you may be able to win an affordability complaint, see the article above, and get a refund of all of that interest.
2) don’t forget to cancel that Check My File subscription! You can get free credit reports on all the credit reference agencies, see https://debtcamel.co.uk/best-way-to-check-credit-score/
Fechan says
Hi Sara,
Thank you for your reply. I made my first six months payment on time then fell into arrears; so less than a year before I couldn’t keep up. I don’t remember them checkingmy income and expenditure at all.
Then the rest of 2017 I was starting to run into arears every month which continued into 2018. I then decided to give the car back. Which they sold no problem.
Yes Sara you’re correct, I did try to keep up with the payments, but in doing so I could not keep up with my other bills such as council tax, water, virgin tv or credit credit card. I ended having to take out several payday loans to help keep up with t the bills and payments which was not sustainable and pushed me into what was a terrible time financially.
Sara (Debt Camel) says
ok then send them an affordability complaint – template here https://debtcamel.co.uk/refunds-large-high-cost-loans/ – and add onto the bottom of that a paragraph saying that you also want to complain about the misreporting of the loan on your credit record as the balance has been settled.
Make sure they respond to both complaints, not just one of them.
Deborah says
Hi ,
I have car finance with SMF and I
Signed the contract in March 2016 and I still have £500 to pay on a car that was £4795 but I’ve paid just under £10,000 i have struggled non stop with this and don’t feel the Loan was affordable. Can I complain or am I too late I have put a complaint to smf but they have not replied . But I though I may be too late as it was March 2016 but I didn’t know that I could complain for cat finance .
Thanks
Deborah
Sara (Debt Camel) says
when did you complain to smf?
Deborah says
I only complained on the 8th of October as I didn’t realise I could complain for car finance . I still have just £500 to pay.
Thanks
Deborah
Sara (Debt Camel) says
ok so they aren’t yet late responding.
It may well be that they reject this complaint as being too old, but in this case send it to the Ombudsman immediately who will often decide they can look at these older cases.
You should immediately download a copy of your credit record. And set about getting your bank account statements from 3 months before to 3 months after taking out the finance. You may well need these later and they because harder to get the more you delay getting them
deborah says
Thanks Sara,
I have sent my credit report and the bank statement they asked for at the time of taking out the finance they only asked for one and no payslips. I probably am too late by the 7 months. I just have buried my head in the sand since my mum past away and i have not been able to get over this grief and deal with anything if it wasn’t for going on your website i wouldn’t have even known i could complain as i would have been terrified, they took away my car. I will try to obtain bank statements for the month before and after i took them out, I just hope i am not too late.
Thanks for your help.
Sara (Debt Camel) says
do send this straight to the Ombudsman if SMF reject it.
Deborah says
Thank you so much for your help.
I will keep you updated and my fingers crossed and may pick your brains again.
Deborah
Ernest says
Good morning Sara .. pls l need advice for this email from adjudicator for my car finance.
from what you and the business have said it is more than likely payslips were collected before the loan was granted. This meant it was clear that the business had taken some steps to assess its affordability for you and when you had difficulty repaying them it is reasonable to feel the business may have been responsible for granting the loan which you deemed is unaffordable.
Sara (Debt Camel) says
were these finance repayments a significant pert of your income at that time? what would your credit record have shown?
Ernest says
Yes they decided they will not look at 6year old one . They will only look at 2018 and 2020 complain. The Financial repayment is significant pert of my income that time and also l have bad credit at that time and also l am gambling at that time ..alot of gambling transaction on my account during that time and l have to take payday loans to pay my car finance
Sara (Debt Camel) says
what was the interest rate on the 2018 and 2020 finances?
Ernest says
2018 rate 15.6 and 2020 rate is 14.60
Sara (Debt Camel) says
Then I suggest you go back and say that the repayments were a very significant part of your income and the lender knew you were in difficulty, this was not cheap car finance. So you think they should have made some attempt to verify your expenses as well as your income.
L spelling says
Hi Sara I have a car on finance with money I’ve had the car since march 2021 and have monthly repayments of £785 this is a problem and I can’t keep up with my payments I’ve got bad credit and 4 ccjs the original loan amount was £25000 where do I stand in this with moneybarn as I’m in financial difficulties and there is no way I can afford to keep paying
Sara (Debt Camel) says
That is a large monthly payment. Was it hard from the start and has now got worse? Or was it OK at the beginning and something recent has now caused you problems?
Ernest says
Good evening Sara just want to say thanks so much for your help and this website .. just to update you about my car finance complain about the 2 cars in 2018 and 2020 both complain upheld by Adjudicator today and all the interest should be refunded… just waiting for marsh finance to accept it.
Sara (Debt Camel) says
Fingers crossed for you
Emma says
Hi, I have sent my claim to FOS. Do I need to keep in contact with the finance company? Or just keep in contact with FOS now?
Sara (Debt Camel) says
Just with FOS – although you could send the car finance company an email saying that you have sent the case to FOS.
Mr C says
Hi sarah in 2012 myself and my wife had joint car finance with stour vale we found it a struggle to pay as we was already in default with a car finance from welcome finance along with 2 personal loans off them again in arrears also at the time we was in arrears with provident home loans so id say the 2012 propper checks wasnt done my case is now waiting at the fos would you say i have a strong case
Sara (Debt Camel) says
Do you have evidence about your finances at that time? Eg bank statements?
Mr c says
Reply no because it was such a long time ago
Sara (Debt Camel) says
then it may be hard to provide any evidence to FOS about this.
I’m being realistic. It does sound unaffordable.
Rina says
Hi, looking for some advice please.
I took a car finance out in October 2019 from Advantage Finance. Amount of credit is £5249.00 interest if £4960.00. I have paid amount of credit and some interest. I have put a un affordability claim
Through FOS. If my complaint is upheld would I need to return my car? I relay on my car a lot due to health conditions.
Sara (Debt Camel) says
If you have paid more than the amount your borrowed, then the normal compensation FIS awards is for you to keep the car with nothing more to pay and get a refund of the interest you have already paid. See https://debtcamel.co.uk/car-finance-win-affordability-complaint/ which looks at this in more detail.
You say you sent the complaint to FOS. Can I check you first complained to Advantage Finance?
Rina says
I did complain to advantage finance first and then they said if my complaint is upheld I would need to return the car. I then withdrew my complaint as I didn’t want to return my car. I was speaking to FOS about something else and also asked for advice on my car finance. They said they can put in a complaint on my behalf. Which they did.
Sara (Debt Camel) says
Ok, Advantage Finance were wrong – possibly deliberately lying in order to get you to Drop the complaint. Good luck!
Rina says
Thank you Sara
Dan says
Hi Sara,
Great work you do here.
I have raised an affordability complaint with Moneybarn and they have requested bank statements. Stating that they normally request these before issuing a loan. Is it normal to request these during the complaint?
Sara (Debt Camel) says
Some lenders ask for them. The Ombudsman always will. I suggest you send them to Moneybarn now – they help your claim by showing what the rest of your finances were like.
Stephen says
Hi, I took out a car loan in 2012 with advantage Finance. It was straight from the start unaffordable and I really struggled with arrears and having to pay their late payment charges. Finally we ended the agreement early after having paid 50% of the balance. I was glad to see the back of it as it had been a terrible burden. Sadly Advantage finance continued to pursue me for £500 which they claimed I owed them as an early termination fee. I told them I wouldn’t pay. Much later in October 2020 I was looking at my credit file and saw this amount was still outstanding and severely affecting my credit score. My dad had passed away and left me a little money, so I paid this off. I was sent a statement of account and realised that it had been severely affordable. Due to my Dad’s death I was busy sorting out moving my step mother and didn’t follow it up with a complaint, until 10/10/2022. Advantage replied and said it was after 6 years so they couldn’t do anything. I said I was only aware in December of 2020 when I paid off the amount owed to improve my credit. They have rejected this and refuse to give me a final response. I’ve raised a complaint with the fos but they say I have to wait 8 weeks or get a final response. What should my expectations be of getting this complaint considered? Thank you in Advance
Sara (Debt Camel) says
If the £500 was disputed by you and you thought they had given up on it and and only found it was still on your credit record in 2020 then you have complained within 3 years of becoming aware you have a problem. So FOS should look at this.
Stephen says
Thank you, hopefully I’ll get them to look at it