Not upheld: Mortgage administration / arrears handling complaint against Capital One (Europe) plc

Decision detail

Summary

Mr F complained that Capital One improperly registered a default against his credit card account without warning. Capital One had issued a default notice in May 2024 after Mr F failed to make any payments in 2024, and defaulted the account in June 2024 when no payment was received. Mr F claimed he never received the default notice and that no proof of delivery was provided. The ombudsman found that Capital One had sent multiple communications about arrears, a warning letter in April 2024, and had attempted to contact Mr F by phone, and that Mr F had previously engaged with the firm about payment arrangements. The ombudsman concluded that Capital One had treated Mr F fairly and followed all required procedures, and did not uphold the complaint.

The Ombudsman's reasoning

The ombudsman was satisfied that Capital One sent the default notice by letter as required, despite Mr F's claim of non-receipt. The ombudsman found that Mr F was aware of the arrears through multiple previous communications, had previously contacted Capital One about payment arrangements, and had received a warning letter in April 2024 about the possibility of default. Given that Mr F knew about the arrears, had the firm's contact details, and had opportunity to engage with Capital One before the default was registered, the ombudsman concluded that Capital One had treated him fairly and followed all required procedures.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website