Not upheld: Credit file / adverse marker disputes complaint against Capital One (Europe) plc

Decision detail

Summary

Miss S complained that Capital One failed to communicate fairly before reporting a default on her credit card account in January 2026. She had informed Capital One of health issues and financial difficulties in September 2025, and Capital One applied breathing space. Miss S claimed she did not receive postal communications about the default risk and would have made a payment if contacted by email, as Capital One had done on a separate account. The ombudsman found Capital One acted fairly because it was not aware of specific communication needs or postal delivery problems, used Miss S's current address, and regulatory letters are appropriately sent by post only. The default was properly registered when Miss S was six months in arrears, consistent with ICO guidance.

The Ombudsman's reasoning

The ombudsman found that Capital One acted fairly in the circumstances. While Miss S preferred email communication and claimed she did not receive postal letters, Capital One was not aware of any specific communication needs or postal delivery problems. Capital One used Miss S's current address and there was no evidence of post being returned. The ombudsman noted that regulatory letters like default notices are expected to be sent by post only. By the time the default was registered, Miss S was six months in arrears, which aligns with ICO guidance that defaults are generally expected to be registered when accounts are at least three months in arrears and normally by six months. The September 2025 email did not give false assurances and made clear that the account could default during breathing space.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website