Supporting finance providers in Financial Ombudsman Service complaints
Understanding the challenges of FOS complaints
Complaints referred to the Financial Ombudsman Service (FOS) can present significant challenges for finance providers, particularly where disputes involve affordability assessments, allegations of mis-selling or questions surrounding regulatory status.
A complaint progressing to the Ombudsman can expose lenders to reputational risk, financial exposure and increased operational costs, particularly where cases involve jurisdictional or Consumer Credit Act considerations.
At Rogers & Norton, our Litigation team regularly supports lenders, brokers and intermediaries in responding to FOS complaints and defending disputes relating to consumer and business-purpose finance agreements.
The importance of early legal assessment
Many FOS complaints turn on detailed questions of fact, regulation and documentation. Early legal input can help finance providers identify the strongest grounds for response and ensure that complaints are addressed strategically from the outset.
Our team works closely with clients to assess:
- Whether the complaint falls within the FOS’s jurisdiction.
- The regulatory status of the finance agreement.
- The adequacy of affordability assessments and underwriting processes.
- The strength of supporting documentation and customer disclosures.
- Potential exposure under the Consumer Credit Act 1974 and FCA rules.
By taking the proactive approach, finance providers can often strengthen their position before a complaint escalates to an Ombudsman decision.
Common issues in finance related complaints
Finance providers increasingly face complaints involving:
- Allegations of unaffordable lending.
- Claims of mis-selling or inadequate explanation of finance terms.
- Disputes over business-purpose exemptions.
- Challenges to documentation and customer declarations.
- Complaints concerning commission disclosure, broker relationships or regulatory compliance.
These matters frequently require careful legal analysis and a detailed understanding of the interaction between financial regulation, consumer credit legislation and Ombudsman practice.
Why specialist support matters
Responding to FOS complaints requires more then a standard customer response. Well-prepared submissions, supported by regulatory analysis and clear documentary evidence, can significantly improve the prospectus of a successful outcome.
Our Litigation team has extensive experience advising finance providers on how to present robust responses to complaints and navigate disputes involving complex regulatory and jurisdictional issues.
We understand the practical and commercial realities faced by lenders and work to provide clear, strategic advice tailored to each matter.
How we can help
Our team advises lenders, brokers and intermediaries on a wide range of finance-related disputes, including:
- Financial Ombudsman Service complaints.
- Appeals and Judicial reviews.
- Consumer Credit Act disputes.
- FCA regulatory issues.
- Affordability and responsible lending challenges.
- County Court and High Court proceedings involving financial agreements.
Whether you require support with a single complaint or ongoing assistance managing dispute risk, our team can help you respond effectively and protect your position.
For further information about how we can support your business, please contact Peter Hastings at ph@rogers-norton.co.uk or call 01603 675639.