I can’t pay back my payday loan, what can I do?

If you’re struggling to repay your payday loan on time or in full, you should contact your lender as soon as possible.

Not only should this help to minimise any penalty charges and interest you incur and prevent you accumulating more debt, lenders are obliged under Office of Fair Trading (OFT) rules to help you.

Lending guidance for payday loans

The OFT’s Irresponsible Lending Guidance requires lenders to treat borrowers in financial difficulty fairly and with forbearance, which means they should work with you to come up with a plan to repay your debt over a reasonable timescale.
Any action your lender takes must also be proportionate. For example, they can’t try to repossess your house just because you haven’t paid your credit card bill.
  

Payday loan customer charters

If you’ve borrowed money from a payday loan company, check if they’re a member of one of the main trade bodies, such as the Consumer Finance Association (CFA), the Finance and Leasing Association (FLA), the Consumer Credit Trade Association (CCTA) or the BCCA.
The main payday lenders have signed up to a customer charter which requires members to:

• Deal with cases of financial difficulty sympathetically and positively
• Tell you how the payday loan works and the total cost of the loan (including an example of the price for each £100 borrowed, together with fees and charges) before you apply
• Freeze interest and charges if you make repayments under an agreed and reasonable repayment plan, or after a maximum of 60 days of non-payment

Help paying back your loan

If you’re struggling with a number of debts and need help, it’s worth speaking to a free debt advice organisation like Stepchange or National Debtline.
They’ll help you find the right debt solution for your personal circumstances and may help you negotiate new or reduced payment terms with your payday lenders.
Don’t use a commercial debt-management company. There is plenty of free, independent debt advice you can use.

Clean up credit campaign

Following a new Which? investigation, we believe that payday lenders are acting unlawfully by charging excessive default fees.
10 of the 17 leading payday lenders we looked at have default fees of £20 or more, and four charge £25 and above, with Wonga topping the table at £30.

We want the industry to clean up its act and lend responsibly. We’re calling on the Financial Conduct Authority to set tough rules on credit lenders.


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How to complain about a payday loan company

If you don’t think your lender is dealing with your case sympathetically or fairly, put in a complaint to the company and, if necessary, then take the matter to the Financial Ombudsman Service (FOS).

1 Collate all your evidence

If you have an unresolved issue with your payday loan company, you can issue a complaint directly to them. Financial providers must deal with complaints within eight weeks.
Make sure your email or letter is clearly headed with 'Complaint', is succinct and includes the names of people you've spoken to as well as the dates on which you talked to them.
Remember to detail how you would like the matter to be resolved.

2 Dissatisfied with response

In line with the Financial Conduct Authority (FCA) Rules, all banks and financial providers should have a set of internal procedures for handling your complaint.
Any staff dealing with complaints should know what these rules are so you can be informed if the need arises. Procedures should be clear and well defined.
If the payday loan company is unable to resolve your complaint to your satisfaction by the close of business on the day following receipt of your complaint, then it should provide a prompt written acknowledgement that your complaint is being considered.
You should be kept informed about the bank’s progress in dealing with your complaint, and within eight weeks receive a final response or an explanation as to why a final response has not yet been reached.

3 Complain to the Financial Ombudsman

You should also be informed that you can refer your complaint to the Financial Ombudsman Service (FOS).
You can take your complaint to the ombudsman if you've exhausted the payday loan company’s internal complaints procedure.
The payday loan company should respond with a final decision to you within eight weeks, or have issued you with a final deadlock letter before then if the situation cannot be resolved.
It’s not just problems with payday lenders that the FOS can deal with.
If you’ve asked your bank or credit card provider to cancel a continuous payment authority, for example, but it hasn’t, you can complain to your card provider and, if you’re not happy with the response, take your case to FOS.
Your bank should tell you where FOS complaints are applicable, and how to complain to the FOS.

4 Clean up Credit campaign

Following a new Which? investigation, we believe that payday lenders are acting unlawfully by charging excessive default fees.
10 of the 17 leading payday lenders we looked at have default fees of £20 or more, and four charge £25 and above, with Wonga topping the table at £30.
We believe that excessive default fees are unlawful under the Unfair Terms in Consumer Contracts Regulations 1999.
We want the industry to clean up its act and lend responsibly. We’re calling on the Financial Conduct Authority to set tough rules on credit lenders.
Tell us your story and help make the financial regulator take action as part of our Clean up Credit campaign.


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