FOS decisions / Early Repayment Charge
Early Repayment Charge
Financial Ombudsman Service final decisions, reproduced verbatim from the FOS published decisions register.
Decisions
10
Upheld
3
Not upheld
7
Avg redress
£1,150
Upheld complaints (3)
Decision DRN-6274308
A mortgage lender must act reasonably when managing a customer's mortgage and should not arbitrarily refuse to engage with reasonable requests for rate renewal or term extension.
UpheldRedress £2,000Barclays Bank UK PLC
DRN-6214378A lender is entitled to decline a mortgage application based on its own risk appetite and lending criteria, but must respond to customer proposals in a timely manner.
UpheldRedress £300Decision DRN-6288905
A lender must correctly administer a loan account in accordance with the terms agreed and accurately communicate the loan's status to the consumer.
Upheld
Not-upheld complaints (7)
Decision DRN-6291992
Early settlement figures under the Consumer Credit Early Settlement Regulations 2004 must allow lenders to retain up to 58 days interest, which is a statutory requirement rather than a discretionary fee.
Not upheldMoneybarn No.1 Limited
DRN-6292028A lender must carry out proportionate affordability checks before lending, with the level of scrutiny adjusted based on risk factors such as low income, high loan amount, or impaired credit history.
Not upheldBarclays Bank UK PLC
DRN-6080278Credit card payment allocation operates on a statement cycle basis, not in real-time, and payments are applied to previously billed balances before unbilled transactions.
Not upheldDecision DRN-6238936
A lender must carry out proportionate affordability checks before approving credit, with the level of checks calibrated to the borrower's circumstances and the size/term of the loan.
Not upheldBlack Horse Limited
DRN-6286123A lender must carry out proportionate affordability checks before lending, but checks need not be exhaustive if the borrower's income after committed expenses and existing credit commitments covers the proposed repayments.
Not upheldDecision DRN-6271698
A lender must carry out proportionate affordability checks before lending, but is not required to obtain bank statements for unsecured personal loans.
Not upheldDecision DRN-6288010
A lender must carry out proportionate affordability checks before providing credit, with the level of checking depending on factors such as the borrower's income level, loan amount, and stage of the lending relationship.
Not upheld