Not upheld: debt administration, arrears management, overpayment claim, Subject Access Request handling complaint against Link Financial Outsourcing Limited trading as Asset Link Capital (No.9)

Decision detail

Summary

Miss R complained about Link Financial Outsourcing Limited's administration of a loan she took out in 2015, claiming irresponsible lending, overpayment despite 10 years of payments, unfair arrears communications, and improper handling of a Subject Access Request. The ombudsman found the irresponsible lending complaint was time-barred. Regarding the remaining issues, the ombudsman found LFO's arrears communications were reasonable and legally required, the account statement did not demonstrate overpayment, and the formal SAR was properly processed and sent. The complaint was not upheld, though the ombudsman encouraged Miss R to contact LFO about an affordable repayment plan if struggling.

The Ombudsman's reasoning

The ombudsman found that the irresponsible lending complaint was time-barred under FCA complaint handling rules as more than six years had passed since the loan was agreed. Regarding arrears communications, the ombudsman reviewed the level and content of LFO's communications and found them reasonable and not unfair, as LFO was obliged as a servicer to contact Miss R about arrears. The ombudsman examined the account statement and found no evidence that Miss R had overpaid, as she had not demonstrated that payments left her bank account without being applied to the loan. Regarding the SAR, the ombudsman distinguished between Miss R's initial 27 April 2025 email (which was not a formal SAR) and her formal SAR of 30 August 2025, which LFO properly processed and sent within the required timeframe, despite Miss R's claim of non-receipt.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website