Struggling to understand your rights when it comes to payday loans? Never fear – we've built this quick and easy guide to dealing with your payday loan problems!
Who is your issue with?
Payday loans frequently cause problems for consumers, and Resolver is here to help! This guide will run you through your rights, address common issues and point you in the right direction.
Since 2014, companies providing payday loans have come under even closer scrutiny – investigations have shown that not all payday lenders treat their customers fairly. The majority of credit companies must sign up with the Financial Conduct Authority (FCA), and any that have broken their rules may have breached your rights. If you think that you’re dealing with a lender who isn’t FCA accredited, you should contact the FCA immediately.
Your rights demand that payday lenders clearly explain the details of the loan to you. If you feel that you were unable to make an informed decision regarding your payday loan, the lender may have acted unfairly. Likewise, payday lenders are required to make background checks to ensure that you can repay the loan. If you find yourself unable to pay off multiple payday loans, it is possible that a payday loan company may have lent irresponsibly. If you think you have been sold a loan you cannot afford to pay back, you should raise a complaint. Resolver can help you escalate your case to the Financial Ombudsman Service (FOS) – over 68% of payday loan complaints were upheld by the Ombudsman between April and June of 2017, which is more than for any other category of FOS complaint!
- Lenders must send out a default notice 28 days before actually registering a default
- If you complain, your payday lender should acknowledge receipt within five days
- If you aren't satisfied with the response, you can raise your case with the Financial Ombudsman after eight weeks
- Each complaint is assessed individually by the Financial Ombudsman Service and there is no common formula for complaints to be upheld
- In the first instance, lenders will always try to resolve your complaint before you need to refer it to the Financial Ombudsman Service
Changes made by the FCA have introduced a cap on the cost of payday loans. These high-cost short-term credit loans are now limited to a total cost cap of 100% of the amount borrowed. This includes interest, fees and charges, and means that you should never have to pay more in fees and interest that the amount you’ve borrowed.
How much interest can payday lenders charge?
Payday lenders are now limited to charging an interest rate of no more than 0.8% per day. This includes any fees, and is based on the amount you’ve borrowed. If you find that you’re paying more interest than this, Resolver can help you file a complaint.
What happens if I can’t pay back a payday loan?
If you find that you can’t pay back a payday loan, don’t panic. The Office of Fair Trading (OFT)’s rules state that payday lenders must treat you fairly if you’re having trouble with repayments. This means that they have to work with you to find a solution that gives you enough time to repay your debt. Additionally, the OFT’s rules forbid creditors from using oppressive behaviour when seeking to enforce a loan. If you feel that your lender is treating you unfairly or aggressively, it may be necessary to escalate the case to the Financial Ombudsman Service (FOS) – Resolver can help you with this.
These numbers are free to call from landlines and mobiles
Financial Ombudsman Service - 0800 023 4567
Stepchange - 0800 138 1111
National Debtline - 0808 808 4000
If a lender finds that you are unable to pay back the loan by the due date, the lender can register a default against you. This will show up on your credit record, which may harm your chances of securing finance in the future. Lenders are obliged to send out a default notice 28 days before actually registering a default. Your rights say that you are entitled to complain if a lender registers a default in your name without prior notification.
If you find that you are unable to afford your repayments, you should write to your lender immediately to explain and request that they put your payments on hold. Most short-term lenders will allow you to suspend payments for 30 days so that you can set up a repayment plan or seek debt advice (for debt advice, please contact Stepchange - details are listed below).
Can payday loans take money from my account?
Many lenders use continuous payment authorities (CPAs), which allow them to take repayments directly from your account. However, the OFT’s guidance states that lenders cannot keep trying to take payments from your account after two failed attempts (or after you’ve informed them that you are unable to pay). Resolver can help you get in contact with your lender – we advise you to do this as soon as possible, as it will stop lenders from taking further payments.
I didn’t agree to the fees
Your payday lender should have clearly informed you of any costs and fees involved in repayment of the loan. If you feel this was not done, you have the right to raise a complaint via Resolver’s free tool.
The incorrect amount has been taken from my account as a repayment
If you find that a payday lender has taken the incorrect amount from your account as a repayment, you should contact the lender via Resolver as soon as possible. Payday lenders should make the amount of money due in repayments clear to you. If you feel they haven’t, you have the right to complain.
A payday lender has taken money out of the wrong account
If, unusually, a payday lender has taken payment from the wrong account without your consent, you have a right to complain and to receive a full refund for the amount taken. Submit your grievances using Resolver, including as much detail as possible.
What can I do about payday loan fraud?
In rare cases, fraudsters will use stolen information to take out payday loans. If you believe that a payday loan has been fraudulently taken out in your name, you must take immediate action. Use Resolver’s free tool to contact the lender and explain the situation.
There is incorrect information on my credit record
If you have taken out a payday loan and notice there is incorrect information on your credit record, you need to raise the issue and why you feel this is wrong. You can check your credit rating with a credit reference agency. Experian, Equifax and Call Credit are the three largest used by lenders. If the issue is not your fault, you should ask to have your credit record corrected. You can submit your request via Resolver for free.
Payday loans complaints tool
You can raise issues with 40 companies in Payday loans services
Key companies include: