Upheld: Service failures generally complaint against Cambridge Building Society
Financial Ombudsman decision DRN-4112596 of 2023-05-04T00:00:00+00:00. Service failures generally complaint against Cambridge Building Society. Outcome: Upheld.
Decision detail
| Reference | DRN-4112596 |
|---|---|
| Decision date | 2023-05-04T00:00:00+00:00 |
| Firm | Cambridge Building Society |
| Product | Mortgage |
| Claim type | Service failures generally |
| Outcome | Upheld |
| Remedy | Cambridge Building Society to pay Mr M £350 in compensation for upset and distress caused by failure to make reasonable adjustments and inadequate demonstration of taking his accessibility needs seriously. |
Summary
Mr M, who is hard of hearing and was shielding during the pandemic, contacted Cambridge Building Society in February 2022 to inquire about applying for a mortgage using Relay UK. Cambridge stated it did not have this accommodation in place and was exploring video appointments instead. After no progress by May 2022 and an inability to offer a same-day appointment in June 2022, Mr M applied elsewhere but lost out when that lender withdrew their offer. Mr M complained that Cambridge's failure to make reasonable adjustments prevented him from obtaining a mortgage before interest rates increased. The ombudsman upheld the complaint, finding that Cambridge failed its anticipatory duty to make reasonable adjustments and did not adequately demonstrate it took Mr M's accessibility needs seriously, warranting £350 compensation for distress caused.
The Ombudsman's reasoning
While Cambridge's staff were helpful and explored alternative options with Mr M, the firm failed to meet its anticipatory duty to make reasonable adjustments. Cambridge misunderstood Mr M's needs by discussing video appointments when he specifically requested Relay UK. The firm's explanation that it lacked resources due to internal system changes, combined with no progress between February and May 2022, reasonably conveyed that Mr M's disability was not considered important. Although Cambridge was not unreasonable in being unable to offer a same-day appointment or in not being liable for external market timing factors, the overall handling caused Mr M upset and distress that warrants compensation.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| Cambridge Building Society, all decisions | 20 | 30% |
| Service failures generally, all decisions | 34,193 | 32% |
| Mortgage, all decisions | 24,695 | 22% |
Source
Read the original decision on the Financial Ombudsman Service website