Not upheld: Credit file / adverse marker disputes complaint against FREEMANS PUBLIC LIMITED COMPANY
Financial Ombudsman decision DRN-5813131 of 2025-12-03T00:00:00+00:00. Credit file / adverse marker disputes complaint against FREEMANS PUBLIC LIMITED COMPANY. Outcome: Not upheld.
Decision detail
| Reference | DRN-5813131 |
|---|---|
| Decision date | 2025-12-03T00:00:00+00:00 |
| Firm | FREEMANS PUBLIC LIMITED COMPANY |
| Product | Other regulated product |
| Claim type | Credit file / adverse marker disputes |
| Outcome | Not upheld |
| Remedy | No remedy ordered. The ombudsman did not recommend Swimwear take any further action. |
Summary
Miss E complained that Swimwear reported inaccurate information to credit reference agencies, specifically continuing to report adverse information after she entered an IVA in March 2020 and failing to update her credit file promptly after the IVA ended in December 2024. She also complained that Swimwear failed to log her formal complaint in February 2025. The ombudsman found that the default markers reported during the IVA period accurately reflected the account remaining in default rather than new defaults or missed payments. Swimwear could not reasonably have known the IVA ended before Miss E notified it on 7 February 2025, and it updated the credit file within a reasonable timeframe. While Swimwear should have logged the complaint earlier, the ombudsman found this did not warrant compensation. The complaint was not upheld.
The Ombudsman's reasoning
The ombudsman found that once an account is defaulted, the monthly reporting of default status does not constitute new defaults or indicate missed payments, but rather reflects the account remaining in default. Different lenders may report differently without being inaccurate. Swimwear could not reasonably have known the IVA ended before 7 February 2025 as the Individual Insolvency Register was not updated until that date. Upon notification, Swimwear updated the credit file within a reasonable timeframe. While Swimwear should have logged the complaint earlier, this did not delay the credit file updates and the level of distress caused did not warrant compensation.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| FREEMANS PUBLIC LIMITED COMPANY, all decisions | 9 | 11% |
| Credit file / adverse marker disputes, all decisions | 9,408 | 27% |
| Other regulated product, all decisions | 52,408 | 30% |
Source
Read the original decision on the Financial Ombudsman Service website