Not upheld: Card / payment disputes complaint against NewDay Ltd

Decision detail

Summary

Ms M disputed two contactless transactions totaling £89.98 made on her Fluid credit card in November 2024, claiming she did not authorize them. She also complained about not being informed of an outstanding balance that led to arrears and a default on her credit file, and alleged Fluid staff were rude to her. The ombudsman found the transactions were properly authenticated using Ms M's physical card, which she confirmed was in her possession. Given that the card was not lost or stolen and genuine transactions occurred between the disputed ones, the ombudsman concluded the most likely explanation was that Ms M shared her card with someone else, making the transactions authorized. The ombudsman upheld Fluid's decision to hold Ms M liable and to report the adverse credit markers, finding no evidence of unfair treatment.

The Ombudsman's reasoning

The ombudsman found the transactions were properly authenticated using Ms M's card. While Ms M denied making the transactions, the ombudsman reasoned that since the card was not lost or stolen and remained in Ms M's possession, the most plausible explanation was that Ms M shared her card with someone else, making the transactions authorized. The ombudsman noted that genuine transactions between the disputed ones made it unlikely a third party took and replaced the card without Ms M noticing. Therefore, Fluid was fair to hold Ms M liable and to report the adverse credit markers.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website