BankConductIndex

Issues ›

Product mis-sold

Product sold that was unsuitable, or sold on an incorrect basis.

23,873banking decisions on this issue
23.6%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.

Consumer Credit Act 1974 · cited in 7,022

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

Read the instrument

FCA DISP (Dispute Resolution) · cited in 3,033

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

Read the instrument

FCA CONC (Consumer Credit sourcebook) · cited in 1,382

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

Read the instrument

Financial Services and Markets Act 2000 · cited in 234

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

Read the instrument

FCA Consumer Duty (PRIN 2A) · cited in 74

Requires firms to deliver good outcomes for retail customers.

Read the instrument

Equality Act 2010 · cited in 31

Duties toward customers with protected characteristics, including reasonable adjustments.

Read the instrument

Which firms lose on this

FirmDecisionsUpheldUphold rate
Lloyds Bank PLC1,3201299.8%
Barclays Bank Plc1,22021317.5%
Bank of Scotland Plc1,010757.4%
National Westminster Bank Plc972717.3%
Shawbrook Bank Limited80112515.6%
HSBC Bank plc615487.8%
Santander UK Plc2895719.7%
Barclays Bank UK PLC2795820.8%
TSB Bank plc2566726.2%
Creation Consumer Finance Limited24019681.7%
Clydesdale Bank Plc2344418.8%
Clydesdale Financial Services Limited2223616.2%
Nationwide Building Society2115425.6%
Mitsubishi HC Capital UK Plc1293728.7%
Co-operative Bank Financial Advisers Limited1291612.4%
Vanquis Bank Limited1281612.5%
Legal & General Partnership Services Limited1184134.7%
HSBC UK Bank Plc1172823.9%
Black Horse Limited982828.6%
Healthcare Finance Limited946670.2%
MONEYBARN NO.1 LIMITED902022.2%
Tesco Personal Finance Limited763140.8%
BMW Financial Services(GB) Limited732939.7%
First Holiday Finance Limited6868.8%
MBNA Limited671014.9%
Ikano Bank AB (publ)672232.8%
Halifax Limited6258.1%
Volkswagen Financial Services (UK) Limited592237.3%
Santander Consumer (UK) Plc583458.6%
Vacation Finance Limited5623.6%
Ulster Bank Ltd4924.1%
Sesame Limited48918.8%
GE Money Consumer Lending Limited4324.7%
MotoNovo Finance Limited412970.7%
Hitachi Capital (UK) Plc411843.9%
NRAM Limited39410.3%
American Express Services Europe Limited381231.6%
Omni Capital Retail Finance Limited371951.4%
Northern Rock (Asset Management) plc3712.7%
Connells Limited361438.9%

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

In the ombudsman’s words

But I don’t find that Vanquis mis-sold the ROP or that Mrs W didn’t agree to have it.
— decision DRN9999920, Vanquis Bank Limited
Ms L has complained that Barclays Bank Plc (“Barclays”) mis-sold her a Graduate Additions packaged bank account in 2009.
— decision DRN9999853, Barclays Bank Plc
TSB accepts that it gave Mr A some wrong information at this stage
— decision DRN9999322, TSB Bank plc
Mr and Mrs B complain that UKMS Money Solutions Limited mis-sold them a debt management plan.
— decision DRN9998630, UKMS Money Solutions Limited

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 2,612 complaints mapped to this issue, received between July 2021 and August 2023, across all US consumer financial products.

Most common CFPB issue labels within this mapping:

Advertising and marketing, including promotional offers — 2,612 complaints

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