Not upheld: Service failures generally complaint against Fullbrook Associates Ltd

Decision detail

Summary

Ms C and Mr N complained to Fullbrook Associates about their handling of a chargeback claim for £3,720, the £5,700 Mr N had paid to company V for timeshare services, and a confusing email suggesting Mr N's claim had been successful when it had not. The ombudsman found that Fullbrook Associates reasonably did not pursue the chargeback claim because Ms C had already initiated it herself in 2018 and the payment was by debit card, which is not covered by section 75 CCA. The complaint about the £5,700 payment could not be considered as it did not relate to a regulated financial services claim. The ombudsman found the firm's apology regarding the confusing email was reasonable. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman found that Fullbrook Associates acted reasonably in not immediately pursuing the chargeback claim because Ms C had already initiated it herself in 2018, more than two years before instructing Fullbrook Associates. When Fullbrook Associates did investigate in 2021, they discovered the payment was by debit card, which is not covered by section 75 CCA, making the claim unviable. Regarding the confusing email, while the title and content could cause confusion, the firm's apology and explanation were reasonable. The ombudsman could not consider the complaint about the £5,700 paid to company V as it did not relate to a 'financial services or financial product claim' as required by FCA DISP rules.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website