FOS decisions / Repossession Conduct
Repossession Conduct
Financial Ombudsman Service final decisions, reproduced verbatim from the FOS published decisions register.
Decisions
6
Upheld
2
Not upheld
4
Avg redress
£300
Upheld complaints (2)
Lloyds Bank PLC
DRN-6279858A bank cannot rely on the CRM Code exception to avoid reimbursement where the customer had a reasonable basis for believing the transaction was genuine, even if they did not obtain independent legal advice.
UpheldSantander Consumer Finance
DRN-6275974A lender must report true and accurate information to credit reference agencies, even where the borrower is in genuine difficulty, but must handle repossession proceedings fairly and promptly to avoid causing undue distress.
UpheldRedress £300
Not-upheld complaints (4)
Decision DRN-6061968
A lender may reasonably expect full repayment of a mortgage following the borrower's death and take repossession action if no progress is made after a reasonable period.
Not upheldDecision DRN-6185465
A mortgage lender may send standard letters notifying borrowers of payment obligations and including repossession warnings without this constituting unfair or threatening conduct.
Not upheldElderbridge Limited
DRN-6278066A lender may recover contractually agreed legal costs incurred in debt recovery proceedings even if added to the loan balance years later, provided the consumer was treated fairly overall and the lender acted in accordance with the loan ter
Not upheldSocial Money Limited
DRN-6192737A bridging lender must ensure lending is affordable and the borrower has a credible repayment strategy at the end of the term.
Not upheld