Reclaim mis-sold guarantor loans for free

The Financial Ombudsman says the amount awarded depends on what extent it feels the consumer had experienced trouble and upset, as opposed to what the complaint was for. This applies whether you were mis-sold or treated unfairly. We've seen reclaims ranging from £100s to £1,000s so far.

While it’s always best to raise a case within SIX YEARS of taking out the loan, if it's longer all is not lost. Even for claims as old as 2007, the ombudsman will consider cases for customers who only found out in the last three years that their lender should have checked affordability.

As a general rule, here's what you can expect (the same principles apply whether you were mis-sold or treated unfairly):

• You will likely be refunded interest PLUS any fees and charges from the time you were mis-sold or deemed to have been treated unfairly. The reason you'll get the interest plus any fees and charges back is because this is essentially the cost of the loan – a cost you’d never would have paid unless you’d not been mis-sold the loan in the first place.
  
  If you make a successful mis-selling reclaim, you will likely be refunded MOST, if not all, the interest, fees and charges (if you were charged those) since the mis-selling happened when you first took out the loan. Since the interest makes up a considerable portion of the total amount you repay, these reclaims can be sizeable.
  
  If you make a successful reclaim based on being treated unfairly, the amount of interest, fees and charges you get back will be from the time you were unfairly treated. Some customers will find they were treated unfairly from the outset, and will therefore get most of their interest, fees and charges back, but others might get proportionally less.
  
  
• You can claim interest on the total amount of your refund. On top of the refund, you can claim 8% interest per year on payments from the date they were paid to the date of settlement. This is basically interest on top of interest plus any fees and charges that might have been charged. For example, if your refund was £1,000 from one loan exactly four years ago, you'd also have 8% of £1,000 (£80) added for each of the four years, so 4 x £80 = £320.
  
  Here's a refund example:
  
  If you borrowed £10,000 at 49.9% APR repayable over three years in September 2017, by September 2020 you would have paid off the loan and interest at a total of £17,566.20. If successful, your reclaim would be:   
  
          - £7,566.20 in interest on the loan.
          - Plus a further £1,832 which is the 8% simple interest on the interest.
          - TOTAL REFUND: £9,398.20.
  
  
• You can request for 'black marks' on your credit report to be removed. As well as a refund, you can ask for any poor payment records on loans deemed to be 'unaffordable' to be removed from your credit report. It's not done automatically, but if you use our reclaim tool, Resolver will prompt you to request this. The credit reference agencies take instruction from the lender, so it's up to the lender to request to remove them.

It's important to understand that you WON'T get the original loan amount refunded. You will still have to pay the original loan amount back, since you have already benefited from the loan itself. If you've missed payments or are still only partway through your loan, you may still be left with an outstanding balance, which you will be required to pay.

Now you have an idea whether you might have been mis-sold, and know what could happen if your complaint's successful, see our tips on how to reclaim for free.