BankConductIndex

Issues ›

Treatment in financial difficulty

How the firm handled arrears, forbearance, or a customer in hardship.

11,224banking decisions on this issue
25.1%upheld where an outcome is recorded
40firms with 20+ decisions here

Rules the ombudsman applied

Derived from the rules actually cited in these decisions, ranked by how often they appear — not from an editorial view of which rules matter.

FCA CONC (Consumer Credit sourcebook) · cited in 563

Conduct rules for consumer credit, including affordability and arrears handling.

Read the instrument

Consumer Credit Act 1974 · cited in 519

Consumer credit rights, including Section 75 joint liability for card purchases.

Read the instrument

FCA DISP (Dispute Resolution) · cited in 157

How firms must handle complaints and how the Ombudsman decides them.

Read the instrument

Equality Act 2010 · cited in 85

Duties toward customers with protected characteristics, including reasonable adjustments.

Read the instrument

FCA Consumer Duty (PRIN 2A) · cited in 75

Requires firms to deliver good outcomes for retail customers.

Read the instrument

Financial Services and Markets Act 2000 · cited in 30

The statute that creates the FCA and the Financial Ombudsman Service.

Read the instrument

Which firms lose on this

FirmDecisionsUpheldUphold rate
Bank of Scotland Plc62613120.9%
Lloyds Bank PLC43711125.4%
National Westminster Bank Plc42810424.3%
Santander UK Plc38510727.8%
Barclays Bank Plc3366719.9%
Barclays Bank UK PLC2957224.4%
HSBC Bank plc2804917.5%
HSBC UK Bank Plc2279642.3%
Nationwide Building Society1293426.4%
TSB Bank plc1293426.4%
MBNA Limited1191613.4%
NewDay Ltd1143833.3%
Vanquis Bank Limited1113935.1%
NRAM Limited932729.0%
Erudio Student Loans Limited923335.9%
Clydesdale Bank Plc902426.7%
Capital One (Europe) plc901921.1%
Volkswagen Financial Services (UK) Limited871820.7%
Halifax Limited711318.3%
MONEYBARN NO.1 LIMITED691623.2%
Tesco Personal Finance Limited681522.1%
Shop Direct Finance Company Limited612032.8%
NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY601016.7%
Black Horse Limited561017.9%
Sainsbury's Bank Plc481327.1%
Kensington Mortgage Company Limited48714.6%
Northern Rock (Asset Management) plc471531.9%
Lloyds TSB Bank Plc4349.3%
Provident Personal Credit Limited4025.0%
BMW Financial Services(GB) Limited401025.0%
Zopa Bank Limited401230.0%
Creation Consumer Finance Limited391538.5%
Co-operative Bank Financial Advisers Limited38410.5%
Link Financial Outsourcing Limited381436.8%
American Express Services Europe Limited361336.1%
Bank of Ireland (UK) Plc36822.2%
Gain Credit LLC362363.9%
Mortgage Express361438.9%
Everyday Lending Limited34617.6%
J.D. WILLIAMS & COMPANY LIMITED331339.4%

Firms with fewer than 20 decisions on this issue are excluded — the rate would not mean anything.

In the ombudsman’s words

Mr T is experiencing a period of financial hardship
— decision DRN9998826, Halifax
Lenders must treat those in financial difficulties fairly.
— decision DRN9998158, NRAM Limited
It has now agreed to enter into a repayment plan with Mr H
— decision DRN9997993, National Westminster Bank Plc
when she was having financial difficulties
— decision DRN9995824

Quotes are shown only where the exact wording was verified against the decision text.

The US counterpart

The Consumer Financial Protection Bureau (CFPB) runs a separate complaint database for American consumers. We map its issue labels onto this issue ourselves — the CFPB does not — and the two datasets are not comparable: UK figures above are ombudsman decisions with an adjudicated outcome, while these are complaints made to a US regulator, most of which are never adjudicated. A count of one is not a count of the other, so no rate, percentage or ratio is calculated between them.

The CFPB recorded 31,312 complaints mapped to this issue, received between May 2018 and October 2026, across all US consumer financial products.

Most common CFPB issue labels within this mapping:

Struggling to pay mortgage — 14,328 complaints

Struggling to pay your loan — 8,339 complaints

Took or threatened to take negative or legal action — 8,043 complaints

Struggling to pay your bill — 602 complaints

Source: CFPB Consumer Complaint Database, not scoped to banking — the CFPB’s complaint categories span all consumer financial products, not just banking.