Not upheld: Debt collection practices complaint against Omni Capital Retail Finance Limited

Decision detail

Summary

Miss O complained that Omni Capital harassed her for payment despite knowing she was vulnerable and that its contact was affecting her mental health, particularly during an ongoing section 75 dispute regarding an online course. Omni Capital disputed wrongdoing, attributing Miss O's distress to the course provider and dispute rather than its own conduct. The ombudsman reviewed contact logs from August 2022 to January 2025 and found the frequency and nature of communications not excessive, noting Omni Capital had provided fee refunds, payment write-offs, and reduced payment plans. The ombudsman concluded that while Miss O experienced distress, it was likely caused by the course provider and section 75 dispute, and Omni Capital's communications did not breach fair treatment obligations. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman reviewed the frequency and nature of Omni Capital's communications from August 2022 to January 2025 and found them not to be excessive. The ombudsman noted that Omni Capital had demonstrated sympathy through fee refunds, payment write-offs, and acceptance of reduced payment plans. The ombudsman concluded that while Miss O experienced distress, this was likely caused by the course provider and the section 75 dispute rather than Omni Capital's communications. Even if Omni Capital's communications contributed to her distress, the manner and frequency were not found to be wrong.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website