FOS decisions / Guarantor Loan
Guarantor Loan
Financial Ombudsman Service final decisions, reproduced verbatim from the FOS published decisions register.
Decisions
17
Upheld
7
Not upheld
10
Avg redress
£1,490
Upheld complaints (7)
HSBC UK Bank Plc
DRN-6138350A bank cannot reasonably continue to rely on a personal guarantee after the guarantor has given proper written notice of cancellation and the borrower's circumstances have materially changed, particularly when no debt was owed at the time o
UpheldRedress £500Jan 2026Decision DRN-6293680
A lender must not record a default if the account has been brought up to date by intervening payments before the default is issued.
UpheldRedress £400Decision DRN-6247529
A lender must properly assess applicant eligibility against its defined lending criteria before providing information about mortgage suitability, rather than giving misleading indications of approval based on incomplete information.
UpheldRedress £6,000Amigo Loans Ltd
DRN-2518391A lender must carry out reasonable and proportionate affordability checks before lending, including verifying income and expenditure declarations rather than relying solely on applicant statements.
Upheld1Plus1 Loans Limited
DRN-2882288Lenders must carry out reasonable and proportionate affordability assessments that are borrower-focused and consider whether repayments can be sustained without causing difficulties or adverse consequences.
UpheldHSBC UK Bank Plc
DRN-6156635A guarantor remains liable for the full debt including interest and charges even where the lender's communication has been poor, unless that poor communication caused demonstrable financial loss.
UpheldRedress £500Match the Cash Limited
DRN-6229481Lenders must carry out a reasonable and proportionate affordability assessment that is borrower-focused, considering both sustainability of repayment and impact on the consumer's financial situation.
Upheld
Not-upheld complaints (10)
Decision DRN-4641641
Section 75 of the Consumer Credit Act 1974 requires that actionable misrepresentations or breaches of contract by a supplier must be established before a lender can be held liable for connected lending.
Not upheldMar 2026Decision DRN-6283666
Section 75 of the Consumer Credit Act 1974 requires proof of factual misrepresentation or breach of contract by the supplier for the lender to be liable.
Not upheldMar 2026Decision DRN-5930840
A lender must carry out reasonable and proportionate affordability checks before lending, considering whether the borrower can sustainably repay the credit.
Not upheldFeb 2026Decision DRN-6283038
A lender is not liable under Section 75 of the Consumer Credit Act 1974 for alleged misrepresentations by a supplier that do not constitute false statements of fact or that accurately reflect the terms of the contract entered into.
Not upheldOct 2025Decision DRN-5906332
Section 75 of the Consumer Credit Act 1974 requires specific actionable misrepresentations or breaches of contract by the supplier; general statements about investment nature or property interests do not constitute misrepresentations if the
Not upheldSept 2025Decision DRN-6279967
A lender is not party to an unfair credit relationship under Section 140A of the Consumer Credit Act 1974 merely because the associated timeshare sale may have involved aggressive marketing or commercial practices, provided the credit agree
Not upheldPremium Credit Limited
DRN-6178532Under section 75 Consumer Credit Act 1974, a creditor is liable for misrepresentation or breach of contract by the supplier only where there is a clear untrue statement of existing fact that materially induced the consumer to enter the cont
Not upheldNew Wave Capital Ltd
DRN-5861722Unregulated business lending guarantors must be presented with personal guarantees fairly and transparently, though no specific regulatory requirements applied at the time.
Not upheldMetro Bank PLC
DRN-5906286A borrower remains liable to repay a Bounce Back Loan in full even if the lender has claimed successfully under the government guarantee, and the lender is entitled to object to the borrower's dissolution as a creditor.
Not upheldUK Credit Limited
DRN-3677080A lender must carry out proportionate affordability checks including credit history verification and expenditure validation, particularly where red flags suggest borrower vulnerability.
Not upheld