Upheld: unauthorized data processing, lack of consent, failure to comply with CMCOB 2.2 lead generator requirements complaint against Consultation Claims Ltd

Decision detail

Summary

Ms C received an unsolicited email from Consultation Claims Ltd (CCL) in November 2025 confirming they had accepted a Motor Finance Commission mis-selling claim on her behalf, despite her never instructing them to do so. CCL had obtained Ms C's personal data from another claims management company (D) without her consent and completed a soft credit search using her information. CCL upheld Ms C's complaint and cancelled the claim, but Ms C remained dissatisfied and referred the matter to the Financial Ombudsman Service. The ombudsman upheld the complaint, finding that CCL failed to comply with CMCOB 2.2 rules by not ensuring their lead generator had appropriate systems in place to obtain consumer consent. The ombudsman directed CCL to pay Ms C £200 compensation and remove the unauthorized soft credit searches from credit reference agencies.

The Ombudsman's reasoning

CCL accepted that Ms C's data was obtained without her consent. Under CMCOB 2.2, CCL had a responsibility to ensure their lead generator D had appropriate systems in place to obtain consumer consent. CCL's failure to respond to requests for evidence of this work, combined with the accepted fact that Ms C did not provide consent, demonstrates CCL failed to fulfill their obligations. Had CCL acted fairly and verified consent requirements, Ms C's data would not have been shared with them or they would have recognized consent was lacking and not proceeded with the claim.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website