Not upheld: credit file reporting and late payment fees complaint against Capital One (Europe) plc

Decision detail

Summary

Mr G complained that Capital One recorded adverse information on his credit file following missed payments in March, April, and May 2025 during a period when he was seriously ill and receiving hospital care. Capital One applied £12 late payment fees and reported the missed payments to credit reference agencies. The firm informed Mr G on 25 June 2025 that missed payments would still be reported despite applying breathing space to suspend further interest and charges. The ombudsman found that Capital One was obliged to accurately report the missed payments under ICO guidance and that the firm had made this clear to Mr G. Once aware of his vulnerability, Capital One took reasonable steps by suspending further charges. The complaint was not upheld.

The Ombudsman's reasoning

Capital One was obliged to ensure Mr G's credit file accurately reflected his payment history in accordance with ICO guidance and credit industry principles. The firm made it reasonably clear through both the telephone call and email that missed payments would be recorded on the credit file. Although Mr G's circumstances were difficult, the obligation to report accurate information remains even where a customer was unwell at the time payments were missed. Once Capital One became aware of Mr G's vulnerability in June 2025, it took reasonable steps by suspending further interest and charges. The late payment fees were applied in accordance with the credit agreement terms.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website