Not upheld: legal action handling and legal fee charges complaint against Bank of Scotland plc trading as Birmingham Midshires

Decision detail

Summary

Mr G complained to the FOS about Birmingham Midshires' handling of a possession order issued in August 2023 and alleged incorrect legal fees added to his mortgage. The first complaint point regarding the application to set aside the possession order had previously been considered by the FOS in December 2025. The ombudsman determined this issue should not be reconsidered as it had already been decided and matters of court process compliance are more appropriately handled by the courts. Regarding the legal fees complaint, the ombudsman examined invoices and found no evidence that fees for the August 2023 hearing were added to the mortgage account. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman determined that the first complaint point regarding the application to set aside the possession order had already been considered in the previous complaint decision and therefore should not be reconsidered. The ombudsman also found that issues relating to court process compliance are more appropriately dealt with by the courts themselves. Regarding the legal fees complaint, the ombudsman examined the timeline of invoices and found that no fees for attendance at the August 2023 hearing were included in the October 2023 payment, which would have been when such fees would have been added if they had been charged.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website