FOS decisions / Unaffordable Lending
Unaffordable Lending
Financial Ombudsman Service final decisions, reproduced verbatim from the FOS published decisions register.
Decisions
43
Upheld
19
Not upheld
24
Avg redress
—
Upheld complaints (19)
Estone Personal Credit Limited
DRN-4542466Lenders must conduct reasonable and proportionate affordability checks before providing credit, and must not lend in a way that increases indebtedness unsustainably, particularly where the borrower has demonstrated payment difficulties.
UpheldNov 2023Loans 2 Go Limited
DRN-4352030A lender must carry out proportionate affordability checks and should not lend irresponsibly, with more thorough checks required as a lending relationship continues and risk of unsustainability increases.
UpheldAug 2023Admiral Financial Services Limited
DRN-6061782Lenders must conduct reasonable and proportionate creditworthiness assessments focused on the borrower's ability to sustain repayments without adverse consequences, relying on sufficient independent evidence rather than solely on consumer d
UpheldMadison CF UK Limited
DRN-4745963Lenders must conduct borrower-focused and proportionate affordability assessments that consider the sustainability of repayments and the impact on the consumer's financial situation, not merely the likelihood of repayment.
UpheldCarCashPoint Limited
DRN-2970216Lenders must carry out reasonable and proportionate affordability checks that are borrower-focused, considering whether repayments would cause significant adverse consequences, with proportionality increasing with lower income, higher repay
UpheldHermes Property Services Limited
DRN-2946565Lenders must conduct borrower-focused affordability assessments that consider whether loan repayments would cause significant adverse consequences, not merely whether the lender will recover its money.
UpheldCarCashPoint Limited
DRN-3204023Lenders must carry out reasonable and proportionate affordability assessments that are borrower-focused and consider whether repayments would cause significant adverse consequences, not merely whether the lender will recover its money.
UpheldCarCashPoint Limited
DRN-3193016Lenders must complete reasonable and proportionate affordability checks that are borrower-focused and consider whether repayments would cause significant adverse consequences, with checks being more thorough for customers with lower income,
UpheldCreative Finance Corp Ltd
DRN-3210618Lenders must conduct reasonable and proportionate affordability assessments that are borrower-focused, considering whether repayments would cause significant adverse consequences, not merely whether the lender will be repaid.
UpheldGreenlight Credit Ltd
DRN-3306363A lender must conduct a fair and proportionate affordability assessment that evaluates whether repayments would cause significant adverse consequences for the borrower, not merely whether the lender would recover its money.
UpheldCarCashPoint limited
DRN-3442892Lenders must carry out proportionate affordability checks before granting credit, particularly for longer-term loans with significant total repayment amounts.
UpheldLoans 2 Go Limited
DRN-3968345Lenders must conduct reasonable and proportionate affordability checks that are borrower-focused and consider whether loan repayments would cause significant adverse consequences, regardless of security held.
UpheldLoans 2 Go Limited
DRN-4008515A lender must assess whether a consumer can sustainably repay a loan, not just whether they have enough money to make payments, with affordability checks proportionate to the circumstances.
UpheldEveryday Lending Limited
DRN-4280056A lender must conduct proportionate affordability checks and not lend to a borrower who is already in financial difficulty with high existing debt obligations.
UpheldSteadypay Limited
DRN-6084263A lender must conduct proportionate affordability checks and properly consider the information gathered to ensure lending is sustainable, particularly when the borrower shows signs of existing overindebtedness.
UpheldNationwide Building Society
DRN-6095203Lenders must conduct reasonable and proportionate affordability assessments that are borrower-focused and consider whether loan repayments would cause undue difficulty, particularly where indebtedness is growing and loans are being repeated
UpheldGain Credit LLC trading as Lending Stream
DRN-5940682Lenders must assess whether borrowers can sustainably repay loans, not merely whether they have sufficient income to make repayments, with proportionate checks increasing as risk factors accumulate.
UpheldGain Credit LLC
DRN-6140962A lender must assess whether a borrower can afford to repay loans sustainably, not merely whether they have sufficient income to make the repayments, and must conduct proportionate affordability checks that become more thorough as lending p
UpheldGain Credit LLC
DRN-6140929Lenders must conduct proportionate affordability assessments to establish that borrowers can sustainably repay loans, taking account of income, expenditure, loan amounts, repayment sizes, and patterns of lending.
Upheld
Not-upheld complaints (24)
CarCashPoint Limited
DRN-5605836A lender must complete reasonable and proportionate checks to ensure a borrower can sustainably afford credit repayments, considering the impact on their finances rather than just likelihood of repayment.
Not upheldJul 2025CarCashPoint Limited
DRN-5707130A lender must carry out proportionate checks to ensure a borrower can make payments in a sustainable manner before lending.
Not upheldJul 2025Lloyds Bank PLC
DRN-3917969Lenders were entitled to rely on applicants' representations and historical account conduct for CBIL applications, given the scheme's requirement for swift decision-making and the expectation that detailed manual checks would not be carried
Not upheldAug 2023Advantage Finance Limited
DRN-6222357A lender must carry out proportionate affordability checks before agreeing to lend, with the level of scrutiny depending on factors such as adverse credit history, income level, and loan amount.
Not upheldBarclays Bank UK PLC
DRN-6148998A credit relationship is unfair under s140A of the Consumer Credit Act 1974 if the creditor failed to carry out reasonable enquiries into the debtor's ability to repay when such enquiries would have revealed the credit to be irresponsible o
Not upheldDecision DRN-6246771
A lender must carry out proportionate affordability checks before lending, with the level of scrutiny varying based on loan amount, borrower income, and lending relationship stage.
Not upheldMoneybarn No.1 Limited
DRN-6169682A lender must carry out proportionate affordability checks before lending, with greater scrutiny required where a borrower has adverse credit history.
Not upheldCA Auto Finance UK Ltd
DRN-6214095A lender must carry out proportionate checks to ensure lending is sustainable, with the extent of checks depending on factors such as borrower income level, loan amount, and credit history.
Not upheldCreation Consumer Finance Limited
DRN-6258852A lender must carry out proportionate affordability checks before lending, but checks can be less thorough in early lending relationships if the borrower's income is reasonable, existing debt is manageable, and no adverse credit information
Not upheldLoans 2 Go Limited
DRN-6261307A lender must conduct reasonable and proportionate affordability checks before providing credit, using accurate financial information to assess sustainable repayment capacity.
Not upheldNational Westminster Bank Public Limited Company
DRN-5614462A lender acts fairly when applying contractually specified variable interest rates in line with market conditions and when offering standard debt management options to customers in financial difficulty.
Not upheldNational Westminster Bank Public Limited Company
DRN-6211352A creditor's relationship with a debtor arising from a credit agreement is only unfair under section 140A of the Consumer Credit Act 1974 if the creditor's actions or the agreement terms were genuinely unreasonable having regard to the whol
Not upheldSteadypay Limited
DRN-6153263A lender must complete proportionate affordability checks before advancing credit, considering the amount, term, and what is already known about the consumer.
Not upheldLoans 2 Go Limited
DRN-3616107Lenders must complete reasonable and proportionate affordability checks before granting credit, taking into account factors such as total repayable amount, repayment size, and the consumer's specific circumstances.
Not upheldLogbook Money Limited
DRN-4233807Lenders must conduct reasonable and proportionate affordability assessments that are borrower-focused, considering whether repayments are sustainable without causing undue difficulty, regardless of the likelihood of recovery.
Not upheldCarCashPoint Limited
DRN-4340774A lender must carry out proportionate affordability checks before lending, with the level of scrutiny varying based on borrower risk and loan characteristics.
Not upheldLloyds Bank PLC
DRN-6111051A repayment plan is not fully agreed until all material terms, including the start date, have been settled between the parties.
Not upheldShop Direct Finance Company Limited
DRN-6240009A lender must take reasonable steps to ensure it does not lend irresponsibly by carrying out proportionate checks that the borrower can afford to repay in a sustainable manner.
Not upheldRhea Finance Limited
DRN-6228936A lender's reliance on proceeds from matrimonial property sale as repayment source is permissible under CONC 5.2A (post-November 2018 agreements), unlike earlier regulatory regimes.
Not upheldValour Finance Limited
DRN-6130530A lender must carry out proportionate affordability checks, and even if checks are inadequate, the complaint may not be upheld if it cannot be shown what adequate checks would have revealed.
Not upheldPDL Finance Limited
DRN-6193526A lender must assess whether a borrower can afford to repay a loan sustainably, proportionate to the circumstances, but is not required to conduct exhaustive enquiries beyond what the borrower discloses and standard credit checks for a firs
Not upheldEveryday Lending Limited
DRN-5965134Lenders must conduct reasonable and proportionate affordability checks that are borrower-focused, considering whether repayments would be sustainable without causing difficulties.
Not upheldBarclays Bank UK PLC
DRN-6220747A lender's creditworthiness checks must be reasonable and proportionate to the type and amount of credit; a lender is entitled to rely on information verified through credit reference agencies where no evidence contradicts it.
Not upheldEvergreen Finance London Limited
DRN-6133884A lender must assess whether a borrower can afford to repay a loan sustainably, not merely whether they have sufficient income to make the repayments.
Not upheld