Not upheld: irresponsible lending, failure to provide information, unfair relationship, subject access request delay complaint against THE ROYAL BANK OF SCOTLAND PUBLIC LIMITED COMPANY

Decision detail

Summary

Mr S complained about his 2005 RBS mortgage on multiple grounds including irresponsible lending, failure to disclose lease information, lack of landlord guidance, and incorrect lease term information provided in 2023. The ombudsman found the lending decision complaint was out of time (more than six years after 2005), that RBS had no responsibility to advise on lease terms or landlord matters as these were outside its role as lender, and that the incorrect lease information caused no demonstrable loss. The only upheld complaint was RBS's delay in responding to a subject access request, for which £100 compensation was awarded.

The Ombudsman's reasoning

The ombudsman found that complaints about the original lending decision and failure to provide documents were out of time under FOS rules (more than six years from the event or three years from when cause for complaint should have been known). The ombudsman determined that RBS's responsibilities as a lender did not extend to advising on lease terms, ground rent, service charges, or lease extension costs—these were matters for the property purchaser and their solicitor. RBS's provision of incorrect lease information in 2023 did not cause demonstrable loss as there was no evidence Mr S applied for a lease extension. The ombudsman agreed only that RBS's delay in responding to the subject access request caused distress and inconvenience warranting compensation.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website