Partially upheld: Card / payment disputes complaint against NewDay Ltd trading as Aqua
Financial Ombudsman decision DRN-6427514 of 2026-06-26T00:00:00+00:00. Card / payment disputes complaint against NewDay Ltd trading as Aqua. Outcome: Partially upheld.
Decision detail
| Reference | DRN-6427514 |
|---|---|
| Decision date | 2026-06-26T00:00:00+00:00 |
| Firm | NewDay Ltd trading as Aqua |
| Product | Credit card |
| Claim type | Card / payment disputes |
| Outcome | Partially upheld |
| Remedy | Refund all LinkedIn transactions from 10 April 2024 to present (£567.75 plus additional payments since complaint); refund all interest and charges associated with these payments; pay simple interest at Bank of England base rate plus 1% on credits Ms W made to her account from the date paid to settlement; pay £100 compensation for distress and inconvenience |
Summary
Ms W complained that Aqua refused to refund unauthorised LinkedIn payments made to her credit card account between September 2021 and January 2026. She discovered the payments in April 2024 and requested cancellation of the payment authority, but Aqua failed to stop the debits. The ombudsman partially upheld the complaint, finding that while earlier payments were likely authorised based on Ms W's prior knowledge and account access, Aqua should refund all payments from 10 April 2024 onwards when Ms W explicitly requested cancellation. The ombudsman ordered refunds of £567.75 plus subsequent payments, associated interest and charges, time-weighted interest on Ms W's own payments, and £100 compensation, but rejected Ms W's request for a higher compensation award.
The Ombudsman's reasoning
The ombudsman applied the 13-month notification rule under PSR 2017, finding Ms W could not claim refunds for payments made before 10 March 2023. For payments between 10 March 2023 and 10 April 2024, the ombudsman found evidence of consent based on Ms W's prior knowledge of the merchant (demonstrated by the November 2021 call), her regular account access, and her failure to dispute the payments despite seeing them on statements with few other transactions. However, from 10 April 2024 onwards, Aqua failed to cancel the CPA despite Ms W's explicit request, making these payments unauthorised. The £100 compensation was deemed appropriate under FOS guidelines for a single large mistake, as the disruption did not meet the threshold for higher awards.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| NewDay Ltd trading as Aqua, all decisions | 23 | 15% |
| Card / payment disputes, all decisions | 14,309 | 19% |
| Credit card, all decisions | 26,052 | 22% |
Source
Read the original decision on the Financial Ombudsman Service website