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Reclaiming interest from Wonga through FOS

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Hi big wide internet world!

I hope someone out there has some experience of this and can shed some light because I have no clue what's going on!

Several years ago I took out a small loan with Wonga (stupidly) and the traditional story followed, couldn't afford to pay back in full the next month so when it was paid off I immediately borrowed again, this time slightly more, each month expecting to reduce the amount eventually and come out of the spiral.

Of course during that time I ran into debt elsewhere and really struggled financially, blah blah and so on as many others on here have probably found. Asked them for a repayment plan, they refused. Generally treated badly but eventually (after nearly 5 years) paid off for the last time and didn't look back.

Decided last October to make a complaint about it, thinking they shouldn't have ever lent the amount to me that they did taking into account the info I supplied UNLESS they knew I would end up in that spiral, making them money.

8 weeks, no reply from Wonga. 6 further weeks, no reply. Ombudsman requested their reply, 2 weeks later no reply. Further 2 weeks, no reply...

So comes the reason for my post and for my confusion: tried to contact my adjudicator after the second 2 week period and couldn't get hold of her, 3 weeks later she gets back in touch to say she's been off work (fair enough) but because they haven't replied she'll give her assessment by the end of the week, great.

She wants some further info, credit report to see how it's affected my credit, fine. I send it. End of that week comes and goes, I consider that maybe she meant the next week, I wait.

Today I get an email saying that she has sent her assessment to Wonga and will update me when they have replied...

!!!!!!? I thought her assessment came to both me and them and we each had opportunity to accept or decline - they haven't said a word this far so in holding out no hope! She adds that she'll be on holiday next week so won't be able to respond to my queries until the 8th June. I try to call to find out her assessment and of course, voicemail. She sent the email at 17.28. Great.

Huh? Is this how it works or have I just got an adjudicator that is impossible to get hold of or get an answer out of?

Any similar experiences?

Thanks in advance for any help, sorry about the mammoth rant!

T x

Comments

  • dunstonh
    dunstonh Posts: 119,595 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    !!!!!!? I thought her assessment came to both me and them and we each had opportunity to accept or decline

    I think you are mixing up assessment with adjudication. The adjudication comes to both of you. An assessment based on your information is what is put to Wonga for them to reply.

    After that reply, an adjudication is likely and that will be shared with both parties.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • Tori_m
    Tori_m Posts: 2 Newbie
    Oh right, thank you. That's a step that was not explained to me... Do you know why it goes to them first or what happens if they still fail to respond?

    I'm trying to gauge what she wants to get out of them!!? Do they have to admit liability to the results of her investigation before she can submit an adjudication? That sort of thing...

    T x
  • dunstonh
    dunstonh Posts: 119,595 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Do you know why it goes to them first or what happens if they still fail to respond?

    The FOS needs both sides of the story. You give yours with the complaint. This is often done over multiple contacts. The Adjudicator will go to the firm and ask for their side. This may take multiple contacts. Further information may be required. For example, the adjudicator may have sent the assessment to Wonga saying that based on information so far, she is minded to uphold the complaint for the xyz reasons. It then gives Wonga a chance to answer those specific points before the decision is made. They may even offer Wongo a chance to settle it now without incurring the FOS fee.
    Do they have to admit liability to the results of her investigation before she can submit an adjudication?

    no. In fact they may never admit liability but issue redress as a goodwill payment.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • -taff
    -taff Posts: 15,327 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If they fail to respond the adjudicator will make a decision anyway.
    No, they have to give her the info she asks for.

    And you might as well be paitient, because this could take months.
    Non me fac calcitrare tuum culi
  • quaybab
    quaybab Posts: 115 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Tori_m wrote: »
    Huh? Is this how it works or have I just got an adjudicator that is impossible to get hold of or get an answer out of?

    No, that’s how it works.
    It is up to the FOS (adjudicator / ombudsman) how they deal with the case and what the outcome is.

    What normally happens is the adjudicator puts to the company what they think the outcome should be to see if they agree. It’s a process you’re excluded from.
    You will then get an adjudicators provisional assessment, opinion etc (aka adjudication) saying the company has agreed to cough x,y,z.
    The adjudicator has not lied to you by saying you’d both get it, thats just they way all the staff do it.

    What you will find out in 2 weeks time is Wonga have coughed £50 and the credit file etc was all a waste of time. It was being strung out and your being played for a fool while the case is padded out to manage the adjudicators flexitime preferences.
    Note if Wonga genuinely did not send a complaint final response/word within 8 weeks, that is a breach of FCA (DISP) rules and you need tell them about it www.fca.org.uk/site-info/contact

    If Wonga don't respond to the adjudicator in 2 weeks, what should happen is she should produce an opinion/view for both parties to accept/reject. It then goes to Ombudsman final decision should anyone reject.

    For those reading this, you give adjudicators 2 weeks max to produce an opinion once they have all the information. You give FOS staff 2 weeks max to reply to any of your emails.

    I would put in a service complaint once a final outcome has been produced so make note of all correspondence ignored or not responded to within 2 weeks, failed promises, unprofessionalism etc.
    See http://www.fos.org.uk/publications/factsheets/complaints-about-our-service.pdf
    Tori_m wrote: »
    She sent the email at 17.28. Great.
    A lot of work gets done at 17:28 - perhaps get your own back with an out of the blue phone call just before that time in future to annoy her (once you have a final decision agreed by both).
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