Not upheld: failure to record vulnerability and provide reasonable adjustments complaint against Bank of Scotland plc trading as Halifax

Decision detail

Summary

Mr B complained that Halifax failed to record his mental health conditions and provide reasonable adjustments as a vulnerable customer. His credit card account fell into arrears in December 2022 and was defaulted in 2023. Mr B claimed he had telephoned Halifax to disclose his vulnerabilities, but could not provide specific dates or call records to support this. Halifax's account notes showed no evidence of contact from Mr B regarding vulnerabilities until 27 May 2025. The ombudsman found no evidence that Halifax was aware of Mr B's circumstances and therefore could not conclude the bank acted unfairly, resulting in the complaint being not upheld.

The Ombudsman's reasoning

The ombudsman found that Mr B's claim of telephoning Halifax about his vulnerabilities was not supported by evidence. While Mr B stated he made calls, he could not provide specific dates or call records, and even if call records were obtained, they would only show that calls were made, not what was discussed. The account notes contained no evidence of any contact from Mr B regarding his vulnerabilities prior to 27 May 2025. Without evidence that Halifax was aware of Mr B's circumstances, the ombudsman could not conclude that Halifax failed to make reasonable adjustments or treat him unfairly.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website