How can I complain?
If you are not happy about the way you have been treated by a lender, you can complain. You should get advice if you think your contract is invalid because you lacked capacity to enter into it. Please see our next steps section for more information on organisations who can help.
Complain in writing
Your lender should have a complaints procedure. They should give you a copy of it if you ask for one. Lenders usually need you to complain in writing. When you write your complaint email or letter clearly mark it with the word 'complaint'.
- What has happened,
- Why you can't repay the loan or borrowing facility, and
- What you want your lender to do as a result of your complaint.
It will help to include any evidence that you lacked capacity at the time you took out the borrowing facility. You might be able to get evidence from a mental health or medical professional such as your GP, a social worker, a support worker or your community psychiatric nurse (CPN).
Once you have finished your email or letter, keep a copy for your records. If you send a letter recorded delivery then you can prove the lender got it.
Your lender should deal with your complaint within 8 weeks. If you are not happy with the response, you can ask the Financial Ombudsman Service (FOS) to look at the complaint for you. The FOS will investigate and they can tell the bank how to resolve the problem. You can contact the FOS at:
The Financial Ombudsman Service
The UK's official expert in sorting out problems with banks, insurance, PPI, loans, mortgages, pensions and other money and financial complaints.
Address: The Financial Ombudsman Service Exchange Tower London E14 9SR
Phone: 0300 123 9 123 or 0800 023 4567.
Text: 07860 027 586 and receive a call back
Ask your lender if they are a member of a trade association. If they are, you can also send your complaint to the trade association.
It will help to include any evidence that you lacked capacity at the time.