Not upheld: Debt collection practices complaint against T.B.I. Financial Services Ltd.

Decision detail

Summary

Mr M complained that TBI Financial Services Ltd. had not treated him fairly in attempting to collect a debt after B assigned the account to TBI in August 2020. Mr M disputed TBI's ownership of the account and requested proof, which TBI provided including the Notice of Assignment and original credit agreement. Mr M also objected to TBI's stated intention to issue proceedings by post to his last known address, given he had no fixed address. The ombudsman found TBI had provided sufficient evidence of ownership, had acted fairly throughout, and had appropriately placed the account on hold pending Mr M's separate complaint with B regarding irresponsible lending. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman found that TBI had provided sufficient evidence of account ownership through the Notice of Assignment and the original credit agreement terms which explicitly permitted assignment. The ombudsman noted that while the initial notification letters were sent to an address Mr M no longer occupied, TBI was not responsible for Mr M's failure to keep his address updated with B. When Mr M requested evidence in 2021, TBI provided copies by email. The ombudsman found TBI's conduct throughout was fair, helpful, and appropriate for dealing with someone in financial difficulties, including signposting to debt charities, placing the account on hold pending Mr M's complaint with B, and offering to send postal proceedings by email. The ombudsman rejected Mr M's allegations of unfair treatment and harassment.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website