Not upheld: mortgage arrears, possession enforcement, alleged failure to formalise payment arrangement complaint against Bank of Scotland plc trading as Birmingham Midshires

Decision detail

Summary

Mrs E complained that Bank of Scotland plc trading as Birmingham Midshires (BM) unfairly proceeded with enforcement of a possession order when she believed she had reached a payment arrangement in a phone call on 9 July 2025. BM had set a deadline of 18 July 2025 for formalising arrangements before proceeding with enforcement. The ombudsman found that Mrs E's evidence of the call—a smartphone screenshot—lacked corroboration from the solicitors' contact records, and the subsequent email correspondence suggested she was still seeking to formalise an arrangement rather than confirming one already made. The ombudsman concluded that Mrs E had not established that a payment arrangement was formalised before the deadline expired, and therefore BM's enforcement action was not unfair. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman applied the balance of probabilities test to assess whether a payment arrangement was formalised before 18 July 2025. The screenshot of the call lacked corroboration from solicitors' contact records, and Mrs E had previously stated she had no evidence of the call due to phone damage. The email content suggested Mrs E was still seeking to formalise an arrangement rather than confirming one already made. The ombudsman concluded that even if a call occurred, there was no corroboration of what was agreed, and the messaging pattern indicated no arrangement had been formalised before the deadline expired.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website