Not upheld: Credit file / adverse marker disputes complaint against American Express Services Europe Limited

Decision detail

Summary

Mrs L complained that AESEL mis-advised her to stop making credit card payments, which resulted in a negative marker on her credit file. AESEL had offered its Regain programme after Mrs L disclosed she was struggling with repayments and had negative monthly disposable income. The ombudsman found that given Mrs L's financial circumstances showing outgoings exceeded income, AESEL's advice was not mis-advice and there was doubt she could have sustained continued payments. The ombudsman concluded the negative marker was fair reporting and did not uphold the complaint.

The Ombudsman's reasoning

The ombudsman found that AESEL's advice to stop payments was not mis-advice given Mrs L's disclosed financial situation showing a monthly deficit. The ombudsman noted significant doubt over whether continuing to pay was sustainable for Mrs L, and that AESEL had advised her that late payments might affect her credit standing. The ombudsman concluded that the negative marker was fair reporting given her actual financial circumstances.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website