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03Stage 3 of 5

Screwfix Direct t/a Trade UKFinancial 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 Screwfix Direct t/a Trade UK to remove the marker and pay compensation. The FOS applies a 'fair and reasonable' test — asking whether Screwfix Direct t/a Trade UK's decision to file the marker was fair in all the circumstances. Their decisions are binding on Screwfix Direct t/a Trade UK.

When you reach this stage

You can refer to the FOS once Screwfix Direct t/a Trade UK 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 Screwfix Direct t/a Trade UK's permission to escalate.

What they will assess

  • Whether Screwfix Direct t/a Trade UK had sufficient evidence to justify the marker
  • Whether the decision to file was fair and reasonable in all circumstances
  • Whether Screwfix Direct t/a Trade UK followed proper complaint handling procedures
  • Whether vulnerability or mitigating factors should have been considered
  • Whether the marker is proportionate to the conduct alleged
  • Whether Screwfix Direct t/a Trade UK'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
  • Screwfix Direct t/a Trade UK'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 Screwfix Direct t/a Trade UK 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 Screwfix Direct t/a Trade UK's decision (this does not prevent court action)

Screwfix Direct t/a Trade UK settles before the FOS makes a decision — common when dual escalation is active

What happens next

If the FOS upholds your complaint, Screwfix Direct t/a Trade UK 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'.