πΈ What Loans Can You Slam a Complaint On?
- Whoβs in the game: High-cost loans, bad credit lenders, bank loans, credit unions, car finance β if you paid, you can fight.
- Loan status? Doesnβt matter β active, paid off, defaulted, or in payment plans, youβve got grounds.
- Consolidation loans: Even if they chopped your interest, affordability might still be a problem.
- Car finance: Affordability rules apply, but check HP/PCP details for the full picture.
- Guarantor loans: Different path but fair game β guarantors can complain too.
- Exclusions: Sorry, mortgages donβt roll here.
π« What Does βUnaffordableβ Even Mean?
The FCA keeps it real: you should be able to pay back your loan without killing your wallet or borrowing more just to cover it.
- Not just dodgy lenders: Big banks can mess up too. But often, bad credit loans get you with sky-high rates.
- Lenderβs job: For big loans, they must check you can payβespecially if your credit sucks or debts are piling.
- Life hits: If your situation changed after loan approval (job loss, illness), lenders arenβt always on the hook.
βοΈ How Does This Whole Complaint Thing Work?
-
Fire off your complaint: Email your lender. Say it was unaffordable. Ask for your money back on interest and charges.
- Use a solid template (check below).
- Attach any proofβbank statements, credit reports, receipts.
- Wait for their reply: Lenders have 8 weeks to hit you back. Heads up: lots get denied here.
- Take it higher: If they reject or give lame excuses, bounce it to the Financial Ombudsman Service. Theyβre the referees here.
π© How to Complain Like a Boss
Email your complaint β hereβs the drill:
- Subject line: AFFORDABILITY COMPLAINT β no messing.
- Include your loan amount, interest rate, monthly payments if you know βem.
- Demand:
- A refund of all unfair interest and fees.
- Clear your credit record from any bad marks related to this loan.
- Set aside any CCJs linked to this debt, if they exist.
Hereβs a sample template you can roll with:
Iβm raising a complaint about irresponsible lending. The loan(s) you gave me were unaffordable.
Please confirm the loan start date, amount, interest rate, and monthly repayments.
Iβm asking for:
- A full refund of interest and charges paid, plus statutory interest.
- Removal of any negative credit record info related to this loan.
- For any CCJ linked to this debt to be set aside.
Optional but strong additions:
- Explain why it was unaffordable (low income, high costs, poor credit history).
- Mention if their affordability checks were weak or if they ignored warning signs in your application or bank records.
π Need Lender Contacts? Here You Go:
- Admiral Loans: loansquality@admiralgroup.co.uk
- Avant Credit: emailcomplaints@avantcredit.co.uk
- Everyday Loans (post 31 Mar 2021): complaints@everyday-loans.co.uk
- Vanquis: customer.relations@vanquisbank.co.uk
- Zopa: complaints@zopa.com
Affordability Complaints
What is βAffordabilityβ?
Hereβs a summary of the regulatorβs rules:
- Checking Affordability at Application:
- Lenders must assess whether credit is affordable before approving it.
- The level of scrutiny depends on the type of credit. For instance, a mortgage application might require bank statements, whereas a Β£200 catalogue credit may need less detailed checks.
- Reassessing Affordability for Credit Limit Increases:
- Lenders should carry out new checks before increasing a credit limit to ensure it remains affordable.
- Defining Affordability:
- Credit isnβt affordable if repaying it leaves you without enough money for essential expenses, bills, or other debts.
- Signs of Unaffordable Borrowing:
- Relying on further borrowing to make ends meetβsuch as using a credit card to pay for necessities after making the minimum repaymentβindicates the credit is unaffordable.
- Repayment Within a Reasonable Timeframe:
- Repaying only the minimum amount is acceptable for a short time but not over an extended period.
How to Complain
Reasons to Complain
You may have a valid complaint if the lender failed to recognize affordability issues. Consider these situations:
- At the Time of Application:
- Your credit record showed recent problems (e.g., missed payments, defaults, payday loans, mortgage arrears).
- You already had an account with the same lender, where you were only making minimum payments or using it for essential expenses like food or fuel.
- You were close to the limit on other credit cards or had persistent overdraft use.
- Your total borrowing was disproportionately high compared to your income.
- When Your Credit Limit Was Increased:
- Lenders should not increase limits if:
- Youβve only been making minimum payments for a prolonged period.
- Youβve used most of your credit limit for an extended time.
- Gambling transactions appear on your account.
- Youβve missed payments or entered into payment arrangements.
- Your overall debt has significantly increased on your credit report.
- Lenders should not increase limits if:
What You Need to Start Your Complaint
- Details of Credit Limit Increases:
You donβt need specific dates; stating βmy limit was increased several timesβ is sufficient. - Credit Records:
Your current credit report (e.g., a free TransUnion statutory report) can help demonstrate pre-existing issues, even if you canβt access historical scores. - Complaints Process:
- Best Method: Submit your complaint via email for a clear record.
- Include your account details, date of birth, and the email address linked to the account.
Template for Complaints
- Start with Account Details:
I want to complain about irresponsible lending by you for my [credit card/catalogue] account [account number]. My date of birth is [dd/mm/yyyy], and the email address I used for this account was [your email].
- Explain Why the Account Was Unaffordable:
You should never have allowed me to open an account with such a large credit limit. When I applied in [year], my credit record would have shown [examples of financial difficulties, e.g., recent defaults, missed payments].
- Highlight Issues with Credit Limit Increases (if applicable):
You should not have increased my credit limit in [year]. At that time, I was [examples: making only minimum payments, using a high percentage of my limit, showing financial problems on my credit record].
By increasing my credit limit, you worsened my financial situation instead of offering help. For example, you could have frozen interest charges.
- Request a Refund:
I would like you to refund all the interest and charges from [specific date or the account opening], and I request that any late payment or default markers be removed from my credit records.
- Request Specific Details:
Please provide the dates and amounts of any credit limit increases in your response.
Points to Consider
- Timing:
Complaints can be made for open, closed, or sold accounts, including those with CCJs. If the account is older than six years, the Financial Ombudsman Service (FOS) may still consider your complaint if youβve only recently learned about this process. - Evidence for Old Accounts:
Complaints for issues over six years old may be harder to support, but the FOS can decide whether to investigate. - Debt Alternatives:
If your financial problems are significant, consider debt solutions like a debt management plan (DMP). Contact National Debtline for advice. - Refund Expectations:
A refund typically covers interest and fees. If the balance owed is greater than the refund, consider asking if the debt collector can produce a valid Consumer Credit Act agreement for the account, as unenforceable debt cannot be pursued in court.
Responding to Rejections
- Rejections:
Lenders often reject complaints or offer low refunds. If you believe your complaint was dismissed unfairly, you can escalate it to the Financial Ombudsman Service.