How can I complain?
If you are not happy about the way you have been treated by a lender, you can complain. Get advice if you think your contract should be void because you lacked capacity to enter into it. You can get free advice from: National Debtline and StepChange. For further contact details of organisations which may help, please see our next steps section.
National Debtline
0808 808 4000
StepChange
0800 138 1111
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'.
Explain:
- 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 credit. 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). You might want to use the Debt and Mental Health Evidence Form.
If you can use evidence to prove you lacked capacity at the time, tell them in your complaint that you feel the credit agreement should be void.
It will help to include any evidence that you lacked capacity at the time.
Once you have finished your email or letter, keep a copy for your records. If you send a letter by 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
Website: www.financial-ombudsman.org.uk/;
Phone: 0800 023 4567 or 0300 123 9 123.
Email: complaint.info@financial-ombudsman.org.uk;
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.
