Upheld: Account administration errors complaint against American Express Payment Services Limited
Financial Ombudsman decision DRN-5645052 of 2025-09-10T00:00:00+00:00. Account administration errors complaint against American Express Payment Services Limited. Outcome: Upheld.
Decision detail
| Reference | DRN-5645052 |
|---|---|
| Decision date | 2025-09-10T00:00:00+00:00 |
| Firm | American Express Payment Services Limited |
| Product | Other regulated product |
| Claim type | Account administration errors |
| Outcome | Upheld |
| Remedy | American Express Payment Services Limited must pay: (1) the difference between the amount in pounds withheld for tax in 2023 and the corresponding sum received as a refund in pounds; (2) £60.50 for the cheque deposit fee; (3) 8% simple interest per annum on items (1) and (2) from the date the refund cheque was deposited until settlement; and (4) the previously offered £1,450 for accountancy fees. |
Summary
D, a company with a merchant account at American Express, had funds withheld in 2023 and 2024 for US federal tax because a beneficial owner had a US address and the required tax form was not completed. American Express attempted three phone calls in 2023 to inform D but did not follow up with alternative communication methods. D subsequently incurred significant losses including legal costs, cheque deposit fees, and exchange rate losses totalling over £2,960. The ombudsman upheld the complaint, finding American Express's communication efforts inadequate given the material financial risk involved, and ordered compensation for the losses that would have been prevented by proper notification.
The Ombudsman's reasoning
American Express had obligations under US tax regulations to withhold tax when a beneficial owner had a US address and no form was completed. However, American Express failed to adequately alert D to this significant cashflow risk. While three attempted phone calls demonstrated the firm recognised the importance of communication, abandoning contact attempts without pursuing alternative methods such as email or post was not fair or reasonable. Had D been properly informed, it would have completed the required form in time to prevent the withholding. The losses claimed by D are recoverable as they directly flowed from American Express's failure to communicate adequately.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| American Express Payment Services Limited, all decisions | 33 | 33% |
| Account administration errors, all decisions | 25,844 | 25% |
| Other regulated product, all decisions | 51,105 | 30% |
Source
Read the original decision on the Financial Ombudsman Service website