Not upheld: unfair treatment in debt collection, inadequate forbearance for vulnerable customer, excessive contact complaint against Lowell Portfolio I LTD

Decision detail

Summary

Miss G complained that Lowell Portfolio I LTD treated her unfairly when collecting outstanding debts, despite knowing since November 2023 that she was severely vulnerable and disabled with mental health issues. After an initial phone call and 30-day hold, Lowell sent approximately 63 contacts over 16 months requesting medical and financial information to support tailored assistance. Miss G states she was unable to respond due to her mental health condition and felt subjected to aggressive collection practices. The ombudsman found that while Lowell could have provided better written follow-up to their request for medical evidence, their overall approach was fair and reasonable given their need for information to assist a vulnerable customer, and did not breach FCA rules. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman acknowledged Miss G's vulnerability and that Lowell knew about her circumstances. While finding that Lowell could have done better by following up their request for medical evidence in writing (given her vulnerability), the ombudsman concluded that Lowell's overall approach was fair and reasonable. The ombudsman noted that Lowell appropriately transferred the case to their specialist vulnerable customer team and that they needed information from Miss G to provide tailored support. The frequency of contact (approximately one per week over 16 months) was found to be objectively reasonable, and the ombudsman accepted that from Lowell's perspective, Miss G's silence could appear as non-engagement rather than inability to engage. The ombudsman found no breach of CONC 7.2.1R as Lowell had established appropriate procedures for vulnerable customers.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website