Assetz SME Capital — Financial Ombudsman Complaint
The Financial Ombudsman Service can order a marker to be removed if it was unfairly or inaccurately placed. We prepare your FOS referral with a full evidence pack and structured arguments.
FOS cases typically take 3-6 months. You can refer after 8 weeks or once you have a final response
What this stage means
The Financial Ombudsman is an independent body that can order Assetz SME Capital to remove the marker and pay compensation. The FOS applies a 'fair and reasonable' test — asking whether Assetz SME Capital's decision to file the marker was fair in all the circumstances. Their decisions are binding on Assetz SME Capital.
When you reach this stage
You can refer to the FOS once Assetz SME Capital has issued a final response that you disagree with, or if 8 weeks have passed since your complaint without a final response. You do not need Assetz SME Capital's permission to escalate.
What they will assess
- Whether Assetz SME Capital had sufficient evidence to justify the marker
- Whether the decision to file was fair and reasonable in all circumstances
- Whether Assetz SME Capital followed proper complaint handling procedures
- Whether vulnerability or mitigating factors should have been considered
- Whether the marker is proportionate to the conduct alleged
- Whether Assetz SME Capital's investigation was adequate
What strengthens your case
- A well-structured case summary that addresses the FOS's assessment criteria
- Evidence organised clearly for the adjudicator to review
- Specific arguments about why the marker is unfair or inaccurate
- Reference to similar FOS decisions where markers were overturned
- Assetz SME Capital's inadequate response to your complaint (or failure to respond)
- Data protection arguments that supplement the fairness test
What we provide at this stage
- Complete FOS complaint form preparation
- Structured case summary with legal and factual arguments
- Full evidence pack organised for the adjudicator
- Help responding to FOS questions throughout the process
What you need for this stage
- The issuer's final response letter (or proof 8 weeks have passed)
- All correspondence exchanged so far
- Any new evidence gathered since the initial complaint
Common outcomes at this stage
Upheld — the FOS orders Assetz SME Capital to remove the marker (28% of cases overall)
Upheld with compensation — marker removed plus payment for distress and loss
Not upheld — the FOS agrees with Assetz SME Capital's decision (this does not prevent court action)
Assetz SME Capital settles before the FOS makes a decision — common when dual escalation is active
What happens next
If the FOS upholds your complaint, Assetz SME Capital must remove the marker and pay any compensation ordered. If the FOS does not uphold, the court route remains available — and many cases that fail at the FOS succeed at court because the court applies actual law (UK GDPR), not just 'fair and reasonable'.