Regulatory Escalation: ICO, FOS, FCA & CRA Strategy

By this stage you have: 

  • Requested statutory documents (CCA / DSAR)
  • Identified breaches and contradictions
  • Analysed each document using IRAC
  • Built your Defence Bundle

Suppose the creditor or debt collector is ignoring your request or continuing to persue a debt that has been identified as unenforceable after the reasonable time frames have elapsed. In that case, it is time to escalate further.

Please see Consumer Debt, Sections 77, 78, and 79, Request and DSAR, before attempting to escalate.

 

 Credit Reference Agencies (CRA Escalation)

Regulators: Experian, Equifax, TransUnion (each is an independent data controller)

Use CRA escalation when:

  • Default dates are wrong
  • Balances are wrong
  • Ownership is unclear
  • Assignment is unproven
  • CCA request remains non-compliant
  • Data is inaccurate (Article 5(1)(d))
  • You have submitted evidence the creditor is ignoring

CRA Powers

CRAs can:

  • Correct data
  • Suppress entries
  • Add dispute markers
  • Remove inaccurate or unverified records

They cannot:

  • Force a creditor to provide missing documentation
  • Make judgments on enforceability

Outcome

A successful CRA escalation typically results in:

✔ Correction of default date
✔ Suppression while disputed
✔ Deletion if creditor cannot justify reporting
✔ Notice of correction added
✔ Full audit trail created for ICO escalation

 

The ICO (Information Commissioner’s Office)

Use when:

  • DSAR breaches occur
  • Data is inaccurate or unverified
  • Assignment or ownership cannot be proven
  • CRA data is wrong and uncorrected
  • Article 21 objections are ignored
  • Lawful basis under Article 6 is unproven
  • Retention has exceeded necessity (Art 5(1)(e))

ICO Powers

The ICO can:

✔ Issue enforcement notices
✔ Order correction or deletion
✔ Demand full explanations
✔ Fine organisations for systemic breaches
✔ Require changes in processing practices

ICO outcomes are extremely effective when evidence is clear and contradictions are documented in your Defence Bundle.

 

 The FOS (Financial Ombudsman Service)

Use when:

  • A regulated lender or DCA has breached CONC
  • Collection practices are unfair
  • Complaints were ignored
  • A DCA refused to pause collections
  • Creditor behaviour is oppressive
  • Evidence suggests an unfair relationship (s140A–C)

FOS Powers

✔ Order compensation
✔ Demand correction of data
✔ Require lenders to cease collection
✔ Enforce CONC Investigations
✔ Examine fairness, not just legality

FOS is ideal for behavioural complaints, harassment, misleading letters, refusal to investigate disputes, etc.

 The FCA (Financial Conduct Authority)

You do not file complaints here directly; you escalate via:

  • ICO
  • FOS
  • CRA investigations
  • Civil claims

The FCA acts on patterns of misconduct, not individual complaints.

Your role is to create a paper trail that exposes those patterns.

 

 Sequencing of Escalation

Use this order:

  1. Internal complaint (creditor/DCA) - 8 weeks
  2. CRA dispute
  3. ICO complaint(data accuracy / DSAR breach)
  4. FOS complaint(conduct / CONC breaches)
  5. Legal defence (if sued)

This creates maximum regulatory pressure while protecting you legally.