Upheld: mis-selling / incorrect advice regarding welcome bonus eligibility complaint against American Express Services Europe Limited

Decision detail

Summary

Mrs S applied for an AmEx Preferred Rewards Gold credit card in September 2025 and contacted AmEx to verify her eligibility for the welcome bonus, given she had held another AmEx card within the previous 24 months. During a call on 16 September 2025, an AmEx adviser confirmed she would receive the 45,000-point welcome bonus if she spent £5,000 within the required period. Mrs S relied on this assurance, met the spending requirement, but was subsequently denied the bonus due to the 24-month eligibility criterion. The ombudsman upheld the complaint, finding AmEx's adviser had given incorrect information and that Mrs S reasonably relied on it, ordering AmEx to credit the full 45,000 points.

The Ombudsman's reasoning

The ombudsman found that while the terms and conditions clearly stated Mrs S was ineligible for the bonus, AmEx's adviser gave a clear and unambiguous confirmation that she would receive it if she met the spending requirement. This constituted a misrepresentation. Mrs S had taken reasonable steps to check her eligibility and was entitled to rely on the direct assurance from AmEx during the cooling-off period, particularly given she had expressed prior uncertainty about her eligibility. It was not fair for AmEx to rely on written terms to deny the bonus when they had already clearly told Mrs S she would receive it.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website