Complaining about historic loan - help

snorlaxguy
snorlaxguy Posts: 1 Newbie
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I've been trying to clean up the old credit file in the hope of making a mortgage application and could use a bit of advice on an old unsettled loan. I reside in Scotland and most of my file is in an OK place, except for one issue:

The short of it I borrowed 2,200 from AvantCredit (AC) in Nov 2016 and struggled from the start to keep up to date due to high monthly payments and a lot of late-payment charges. The last payment I made was in December 2017 and the lender closed the account in January 2019. (They kept it open for all of 2018 adding late payment of 12 quid a month and 50 - 60 quid interest too).

In total I made about 1,600 in payments and received 1,650 in interest and charges so the closing balance was 2,250.

At the close it seems to have been transferred to a third-party and remains on my file as a CCJ (Aug 2022).

I did a Subject Access Request last year with AC and have the application, agreement and their outbound correspondence as well as the account statements etc.

I submitted a complaint in the last month around Irresponsible / Unfair Lending (affordability) - the 3-months of bank statements I submitted on the original application show my income received was only 880, then 540 and then 560. As well as that I had credit card debts of 3,300 and a defaulted utility bill of 1,600, so total debts was 4,900.

What I'm not clear on is:
- It's been over 6 years since I entered the agreement and defaulted, is complaining even still an option? Many references say it's to be done within 6 years.
- Does the third-party have to be included with the complaint, or given any notice that I've complained to the original lender?
- Anything else that could impact a successful complaint, eg the transfer to third-party, or AC being essential exited from the UK now?

Thanks.

Comments

  • R_P_W
    R_P_W Posts: 1,516 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    A complaint on what grounds?

    You applied for a loan, you knew what your income was and that you also had debts and a default.
  • sourcrates
    sourcrates Posts: 31,295 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    There is a time limit of six years I`m afraid, if your loan ended more than 6 years ago, then its likely the lender will reject it, it is also very unlikely you will win a case at the Ombudsman.

    Six months too late by the looks of things.


    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Ergates
    Ergates Posts: 2,991 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    R_P_W said:
    A complaint on what grounds?

    You applied for a loan, you knew what your income was and that you also had debts and a default.
    The loan company also knew the OP's income and debts.   Lenders have a duty of responsibility to customers and they know full well that people in difficult financial circumstances don't always make the best financial decisions.
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