Not upheld: Credit file / adverse marker disputes complaint against BMW FINANCIAL SERVICES (GB) LIMITED trading as Alphera Financial Services

Decision detail

Summary

Miss S complained that Alphera recorded a late payment marker on her credit file following a car theft and insurance claim process. Although Alphera agreed in their September 2025 final response to remove the marker, it remained on her file until November 2025, causing her to be refused business credit and funding. The ombudsman found that while Alphera was not technically wrong in initially recording the marker, they were at fault for the two-month delay in removing it as promised. The ombudsman upheld Alphera's increased offer of £250 compensation as fair and reasonable for the distress and inconvenience caused by this delay.

The Ombudsman's reasoning

While Alphera was not technically wrong in initially recording the late payment marker (as there was an outstanding balance and no payment in July 2025, which was outside their control), they failed to promptly remove it after agreeing to do so in September 2025. The two-month delay in removal, which was not attributable to credit reference agencies' standard 28-day update cycles, caused Miss S distress and inconvenience. Although Miss S's credit applications may have been refused due to the marker, the ombudsman found Alphera's primary failing was the delay in removal rather than the initial recording. The £250 compensation offered was deemed fair for the distress and inconvenience caused by this delay.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website