FOS decisions / Credit Broking
Credit Broking
Financial Ombudsman Service final decisions, reproduced verbatim from the FOS published decisions register.
Decisions
10
Upheld
1
Not upheld
9
Avg redress
£400
Upheld complaints (1)
Not-upheld complaints (9)
Moneybarn No.1 Limited
DRN-6174007An undisclosed commission payment does not render a lending relationship unfair under Section 140 CCA where the commission is not discretionary, is proportionately small relative to the loan amount, and no commercial tie exists between lend
Not upheldDecision DRN-6164111
Goods supplied under a conditional sale agreement must be of satisfactory quality at the point of supply, but a fault occurring more than three years later with 60,000 miles travelled does not automatically indicate the fault was present or
Not upheldDecision DRN-6096754
A used vehicle must be of satisfactory quality at the point of supply, with expectations adjusted for age and mileage; defects emerging after significant time and mileage are more likely attributable to wear and tear than latent defects pre
Not upheldDecision DRN-6034707
A finance provider is responsible for representations made by credit brokers under Section 56 of the Consumer Credit Act 1974, but the consumer must demonstrate the agreement terms were genuinely misrepresented rather than simply unclear.
Not upheldDecision DRN-6075545
A lender may reasonably register a default when a borrower is 3+ months in arrears and has not responded to default notice or set up a payment arrangement, provided the borrower had reasonable awareness of their arrears status.
Not upheldDecision DRN-6268944
A finance provider is responsible for supplying goods of satisfactory quality under a hire purchase agreement, assessed by the standard a reasonable person would consider satisfactory given the description, price, and relevant circumstances
Not upheldAdvantage Finance Limited
DRN-6264714A motor finance lender may have an unfair relationship with a consumer under Section 140 Consumer Credit Act 1974 only if there is an undisclosed discretionary commission arrangement, a high commission relative to borrowing amount, or a com
Not upheldMoneybarn No.1 Limited
DRN-6267241Undisclosed broker commission does not render a lending relationship unfair under Section 140 Consumer Credit Act 1974 where the commission is fixed (not discretionary), represents a low percentage of the amount borrowed, and no commercial
Not upheldDecision DRN-6046873
A lender may reasonably refuse further repayment arrangements and proceed to default when a customer has failed to maintain multiple previous arrangements and arrears have accumulated beyond ICO guidance thresholds.
Not upheld