Not upheld: Credit file / adverse marker disputes complaint against American Express Europe Limited

Decision detail

Summary

Mr E complained that AMEX recorded adverse information on his credit file following a default in 2013 after he lost his job. He claimed AMEX told him a repayment plan would not be recorded on his credit file, but AMEX reported the default to credit reference agencies. The ombudsman found on the balance of probabilities that no one at AMEX expressly told Mr E this, and that AMEX's terms and conditions clearly permitted such reporting. Although sympathetic to Mr E's previously unblemished credit history, the ombudsman concluded AMEX acted within its contractual rights and the information recorded was accurate, so the complaint was not upheld.

The Ombudsman's reasoning

On the balance of probabilities, no one at AMEX expressly told Mr E that information about his account would not be recorded on his credit file. The ombudsman found Mr E's recollection of conversations was not sufficiently detailed to support his claim, particularly given the time elapsed and stress of the situation. AMEX's terms and conditions clearly permitted reporting to credit reference agencies, and AMEX had no obligation to proactively warn Mr E that late payment information would be reported regardless of the repayment plan. The information recorded was accurate.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website