Not upheld: Section 75 Consumer Credit Act claim (misrepresentation and breach of contract) and unfair credit relationship under section 140A complaint against Creation Financial Services Limited

Decision detail

Summary

Mrs B complained that Creation Financial Services Limited unfairly rejected her section 75 claim regarding a holiday accommodation package purchased in March 2022 for £4,003.81, alleging the Supplier made misrepresentations about booking availability and that she and Mr B were coerced and pressured into the purchase. The ombudsman found insufficient evidence of actionable misrepresentation, as Mrs B provided little detail about specific false statements of fact versus opinions, and the purchase agreement explicitly stated availability was subject to limitations. The ombudsman also rejected allegations of coercion and pressure as lacking sufficient detail to demonstrate impaired decision-making, and found no unfair credit relationship under section 140A. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman found insufficient evidence to support allegations of actionable misrepresentation, as Mrs B provided little detail about what was said, by whom, and in what circumstances, and failed to distinguish between statements of fact versus honestly held opinions. Regarding breach of contract, the purchase agreement explicitly stated availability was subject to limitations, and the ombudsman found no evidence the Supplier breached its terms. On the coercion and pressure allegations, Mrs B provided insufficient detail about what made her feel coerced or pressured, and it was equally plausible she agreed to attend the presentation due to attraction to a holiday voucher rather than coercion.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website