Information required from a commercial fee-charging representative representing an Applicant in relation to a Credit Listing dispute
If a fee-charging representative disputes a credit listing on behalf of their client, FOS will require the representative to provide documentation and information, which is relevant to the Dispute at time of lodgement.
The documentation and information that we require the representative to provide are:
- The information required under General information required from a commercial fee-charging representative.
- A copy of the Applicant’s un-redacted credit file.
- Reasons for disputing the credit listing. These reasons should be case specific to the Applicant’s circumstances and should include any supporting documentation the Applicant has to prove their claim. The representative should not submit a standard template.
- Copies of any demand and default notices the Applicant has received.
- Copies of any correspondence between the Applicant and FSP regarding the issue in dispute.
- Copies of any other correspondence or documents the Applicant is seeking to rely on to support their claim.
- Details of what the Applicant is seeking in resolution of the dispute. The representative should not request removal of the credit listing if the representative is aware that this is not the remedy FOS would award in the circumstances.
Credit Listing where there is Financial Difficulty
If there is still an outstanding debt and the Applicant is seeking financial difficulty assistance, the representative should provide a completed Statement of Financial Position (which is available through our website), including a realistic repayment proposal that will see the debt repaid within a reasonable time. The representative should also provide the information outlined in the Information required for a dispute relating to a Financial Difficulty request section
If the Applicant is claiming that the credit listing should not have been made because they were experiencing financial difficulty at the time, the representative should provide details of when the Applicant notified the FSP of their financial difficulty, how they contacted the FSP, and if relevant who they spoke to and what was said. The representative should also provide any available supporting documentation.
Credit Listing where repayments have been met
If the Applicant claims that they have made repayments in line with a repayment obligation or arrangement and that the FSP should not have made a credit listing because of this, the representative should provide documents showing what repayments were made and details of any arrangement reached.
Credit Listing where there was a change of address
If the Applicant is claiming that the FSP has sent the default notice to an incorrect address, the representative should provide FOS with details of when the Applicant notified the FSP of their change of address, how they contacted the FSP, and if relevant who they spoke to and what was said. The representative should also provide supporting documentation showing that the Applicant had changed their address. For example, by providing copies of statements received from other FSPs or utility bills from around the same time.
FOS’s approach to Credit Listing disputes can be found here and contains important information for representatives and parties to a dispute.