Partially upheld: delays in vehicle collection, failure to remove missed payment marker, inadequate communication complaint against Marsh Finance & Commercial Limited

Decision detail

Summary

Mr A complained that Marsh Finance & Commercial Limited took two payments under a hire purchase agreement that should not have been taken, added a missed payment marker to his credit file, and delayed collecting a car under a terminated agreement. A previous ombudsman had upheld Mr A's complaint and required Marsh to collect the car and end the agreement with nothing further to pay. The current ombudsman found that while the two monthly payments were fair as Mr A was using the car, Marsh lacked urgency in arranging collection and failed to remove the missed payment marker as required. The ombudsman upheld the complaint in part, awarding £150 compensation for delays and lack of communication, and directing Marsh to remove the negative credit file information.

The Ombudsman's reasoning

The ombudsman found that while Mr A was using the car during August and September 2025, it was fair for Marsh to collect those monthly payments as compensation for use. However, the ombudsman agreed with the investigator that Marsh could have been more proactive in arranging collection. The emails showed Mr A requested direct contact from the recovery company on 4 August, but Marsh did not respond until 2 September, demonstrating lack of urgency. The ombudsman noted that while Mr A's emails were not entirely helpful and both parties shared responsibility for delays, Marsh could have moved things along more quickly. The failure to provide contact notes prevented fuller assessment of Marsh's efforts. The ombudsman confirmed the missed payment marker had not been removed as required by the previous decision.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website