Upheld: Service failures generally complaint against Mortgage Agency Services Number Two Limited

Decision detail

Summary

Mr K, who lives overseas where the postal service is non-functional, requested that MAS2 send his mortgage correspondence by email instead of post. MAS2 refused and continued sending letters by post, which Mr K did not receive, including his final response letter and notification of a mortgage transfer. The ombudsman upheld Mr K's complaint, finding that while MAS2's general policy of post-only communication was a legitimate business decision, it was unfair to apply it rigidly to Mr K's specific and highly unusual circumstances where he had no practical alternative means of receiving communications. MAS2 was ordered to pay £250 compensation for the time, trouble and upset caused by its inflexibility.

The Ombudsman's reasoning

While the ombudsman acknowledged MAS2's general business decision to only send letters by post for security reasons, the key issue was whether it was fair to apply this policy rigidly to Mr K's specific and highly unusual circumstances. Given that Mr K had clearly explained he could not receive communications by post and was willing to accept the security risks of email, MAS2 should have been more accommodating and sensitive. The inflexibility in refusing email communication when Mr K had no practical alternative was unfair and caused him time, trouble and upset.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website