Determination | 19 March 2018

Key issues: Financial Hardship | Lender | Security Property

Summary of the complaint:

We find that:

  • The consumer’s claim the financial services provider (FSP) was not the legal owner of the debt when the default notices were issued has not been made out.
  • The FSP was merely exercising its own commercial decision when it decided not to release the full funds from an earlier sale of one of the security properties in 2015.
  • The consumer’s claim that he is in front with his payments has not been made out.
  • The FSP is not required to provide hardship assistance, such as a moratorium on payments.

Consequently, it is unclear how we can assist further with the complaint.

This Review was referred to the Ombudsman for a Determination.