Not upheld: unfair credit file reporting and late payment markers complaint against American Express Services Europe Limited

Decision detail

Summary

Mr I complained about late payment markers recorded on his credit file by American Express after enrolling in the Regain Plan in July 2025. Mr I had contacted Amex explaining he was struggling financially due to a recent pay cut and could not make his minimum payment. Amex offered the Regain Plan, which would freeze the account and stop interest and charges while a payment arrangement was arranged. During the 31 July 2025 call, Amex's agent explicitly advised that overdue payments would be reported to credit reference agencies. Mr I later claimed he had funds available and would have made payments if the agent had been clearer. The ombudsman found that Amex clearly communicated the credit file implications and did not uphold the complaint.

The Ombudsman's reasoning

The ombudsman reviewed all available calls and found that Amex's agent explicitly informed Mr I during the 31 July 2025 call that overdue payments would be reported to credit reference agencies as part of the Regain Plan discussion. The ombudsman noted that Mr I's own statements to Amex about his financial difficulties and the open banking data showing his outgoings exceeded his income contradicted his later claim that he had funds available to make payments. The ombudsman concluded that Amex provided relevant and clear information about the credit file impact and therefore did not mislead Mr I or act unfairly in recording the missed payments.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website