Not upheld: debt recovery, DSAR handling, contact methods, specialist support provision, Limitation Act 1980 enforceability complaint against Topaz Finance Limited trading as Hyalite Mortgages

Decision detail

Summary

Miss F complained to the FOS about Topaz Finance Limited's handling of a mortgage shortfall of approximately £31,000 arising from the 2012 repossession and sale of her buy-to-let property. She raised multiple concerns including that the debt was unenforceable under the Limitation Act 1980, that Topaz improperly handled a DSAR, that contact attempts caused distress, and that Topaz failed to appoint a specialist to handle her account. The ombudsman found that Topaz acted reasonably in its contact attempts given Miss F's non-responsiveness, properly handled the DSAR in accordance with data protection law, and clarified that determining statute-barred status is a matter for the courts, not the ombudsman. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman determined that Topaz acted reasonably in its attempts to contact Miss F and obtain information about her circumstances to provide support. The DSAR was handled appropriately in accordance with data protection requirements. The ombudsman clarified that it has no power to determine whether a debt is statute-barred under the Limitation Act 1980, as this is a matter for the courts. The ombudsman also declined to reconsider the property sale complaint, which had already been rejected as out of time in 2018.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website