Upheld: late payment marker reporting and charges; inaccurate information provided during customer service call complaint against American Express Services Europe Limited
Financial Ombudsman decision DRN-6362855 of 2026-05-15T00:00:00+00:00. late payment marker reporting and charges; inaccurate information provided during customer service call complaint against American Express Services Europe Limited. Outcome: Upheld.
Decision detail
| Reference | DRN-6362855 |
|---|---|
| Decision date | 2026-05-15T00:00:00+00:00 |
| Firm | American Express Services Europe Limited |
| Product | credit card |
| Claim type | late payment marker reporting and charges; inaccurate information provided during customer service call |
| Outcome | Upheld |
| Remedy | AMEX directed to pay £100 compensation to Mr M for providing inaccurate information during the February 2025 call. No removal of the late payment fee or late payment marker from credit file ordered. |
Summary
Mr M complained that AMEX incorrectly recorded a late payment marker on his credit file after he failed to pay his January 2025 credit card bill by the due date. Mr M believed a direct debit would be automatically set up but it was not, and he made a manual payment on 10 February 2025, which was late. AMEX charged a £12 late payment fee and reported the late payment to credit reference agencies. During a February 2025 call, Mr M was given inaccurate information that the fee would be removed and no marker would be registered. The ombudsman found that AMEX had provided clear information about setting up a direct debit at account opening and that the payment was objectively late, so the fee and reporting were fair. However, the ombudsman upheld the complaint in part due to the inaccurate information provided during the call and awarded £100 compensation, which was deemed fair to address the impact on Mr M.
The Ombudsman's reasoning
The ombudsman found that AMEX provided clear information at account opening about how to set up a direct debit and that it was not automatically transferred from other accounts. The payment was objectively late (received 10 February 2025 after the January due date), so the £12 late payment fee was fairly applied in accordance with the terms and conditions. AMEX had an obligation to accurately report the late payment to credit reference agencies, which it did. However, AMEX did provide inaccurate information during a February 2025 call, which occurred after the payment was already late and therefore had no bearing on whether the payment was made late. The ombudsman considered the impact of this inaccurate information and the stress caused to Mr M, and found that AMEX's offer of £100 compensation was broadly fair to resolve the complaint.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| American Express Services Europe Limited, all decisions | 1,319 | 22% |
Source
Read the original decision on the Financial Ombudsman Service website