Upheld: failure to provide information/Subject Access Request handling complaint against NewDay Ltd trading as Aquacard

Decision detail

Summary

Miss N complained that NewDay Ltd trading as Aquacard failed to provide information she requested regarding her closed Marbles and Aqua accounts, which had been sold to a debt collector pursuing her for payment. After a previous FOS complaint was settled in April 2024 with £240 compensation, Miss N continued to experience delays in receiving the requested information. NewDay claimed to have sent documents on 27 April 2024, but the ombudsman found the evidence unconvincing and noted they sent further correspondence to Miss N's previous address in October 2024. Although some information was eventually provided during the investigation, some documents from over eleven years ago could not be located. The ombudsman upheld the complaint and ordered NewDay to pay £350 compensation for the stress and frustration caused by the ongoing delays and failures to provide information in a timely manner.

The Ombudsman's reasoning

The ombudsman found that NewDay failed to provide the requested information in a timely manner between April 2024 and April 2026. While some information was eventually provided during the FOS investigation, NewDay's evidence did not satisfy the ombudsman that the April 2024 delivery occurred as claimed, and they sent further correspondence to an incorrect address in October 2024. The ombudsman acknowledged Miss N's frustration but determined that the missing information was from accounts closed nearly six years prior and from more than eleven years ago, and therefore could not direct NewDay to provide information they could not locate. The ombudsman did not hold NewDay responsible for the debt collector's actions. Considering the frequency of Miss N's contact and the fact that the debt collector had placed the account on hold, the ombudsman determined £350 was appropriate compensation for the stress and frustration caused by the delays.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website