Not upheld: Debt collection practices complaint against BW Legal Services Limited

Decision detail

Summary

Mr D complained that BW Legal Services Limited was unfairly pursuing a debt he believed was irresponsibly lent and that they failed to properly comply with his Data Subject Access Request. BW Legal had been appointed by a debt purchaser to manage Mr D's loan account after he fell behind on payments. When BW Legal sent a letter in May 2025 about a missed payment, Mr D was upset because he had already raised concerns about irresponsible lending with the original lender M. However, BW Legal was unaware of this dispute at the time. The ombudsman found that BW Legal acted fairly by placing the account on hold once they were informed of M's upheld complaint on 5 June 2025, and that the DSAR issue should be directed to the Information Commissioner's Office. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman found that BW Legal acted fairly in managing the account on behalf of the debt purchaser. They had no excessive or forceful contact with Mr D prior to his complaint, and when they sent the May 2025 letter about the missed payment, they had no knowledge that the debt was in dispute. Upon being informed of M's upheld complaint and the balance adjustment process, BW Legal appropriately placed the account on hold. The ombudsman noted that only a court can determine if a debt is enforceable, and that DSAR complaints should be directed to the Information Commissioner's Office.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website