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  • NorthernLass 7,420 posts

    The email I got from FOS in mid-March said it would be about 4 months before a case handler got in touch to discuss the matter, so if that hasn’t happened by the end of next month I’ll start chasing it up. 7th of Feb would come to just about now if you got the same response.

    *To my mind it would make sense to allocate all the similar complaints to one person who could present a “test case” to Creation and proceed from there, but maybe they don’t work like that!

    • This reply was modified 54 years, 3 months ago by .
    pbcold 346 posts

    I`m just back from 5 nights @ IC Maldives – 360,000 points and 2 credit card vouchers. I see no need to bash the very generous approach of Creation over the years.

    The Urbanite 117 posts

    I`m just back from 5 nights @ IC Maldives – 360,000 points and 2 credit card vouchers. I see no need to bash the very generous approach of Creation over the years.

    That’s one way of looking at things and Creation would thank you for it.

    I’m of the view that as a company, if they’re going to do things then do them properly. Give people 60 days notice of closure and pay out points and certificates that had already been accrued.

    Arbitrary mass shutdowns and collecting transaction fees without giving people the points they earned stinks of them trying it on in the hope that people won’t bother protesting.

    I doubt Creation ever intended to be generous. More unwitting and slow to respond to changes in consumer behaviour. Their customer services department seems to be instructed to treat cases on a “customer is always wrong” basis. They’ve clearly brought somebody in to sort out the accounts that were costing them heavily and they’ve gone in all guns blazing. Yes, they were a golden goose but probably not because they wished to be!

    • This reply was modified 54 years, 3 months ago by .
    pbcold 346 posts

    If Creation had ever done things properly the quite extraordinarily large amount of points that people accrued from a few clicks of a mouse each day would never have been possible.

    I have no skin in this game; I spent my points and vouchers when the card was cancelled and see this situation as part of the cyclical nature of the pastime that we all enjoy. I pressed hard whist the iron was hot and have no desire to fight with them but wish well to all those who do.

    The Urbanite 117 posts

    Those with a case handler… when did you complain to FOS?

    I submitted my complaint to FOS on 7th February and have not even been assigned a case handler yet!

    Tempted to just MCOL…

    Tail end of 2020 for me.

    BP 49 posts

    Creation has failed to respond to my DSAR request within the 1-month deadline. Has anyone else had issues?

    DJ 91 posts

    I opened a case with FOS back in Jan 2022. Still haven’t heard anything from them other than the initial acknowledgement.

    I guess the 4-month wait period is still a bit too ambitious.

    points_worrier 292 posts

    Creation has failed to respond to my DSAR request within the 1-month deadline. Has anyone else had issues?

    Complain to the ICO now, they are usually good at responding quickly to cases like these.

    Jonathans 121 posts

    Creation has failed to respond to my DSAR request within the 1-month deadline. Has anyone else had issues?

    Yes, took forever probably 2-3 months. And when they did finally get around to it they sent the data via 1 single password protected PDF file of about 99 pages and sent the password by post. All pretty useless unless you wanted to know everytime they sent you an 2fa code for login.

    NorthernLass 7,420 posts

    Data point – one of our FOS complaints has now been allocated a case handler. It’s pretty much exactly 4 months since it was submitted so other readers might see things start moving now as well!

    Crafty 150 posts

    Are the FOS and MCOL routes mutually exclusive? I haven’t started the former yet, but it’s decision time.

    memesweeper 1,240 posts

    Are the FOS and MCOL routes mutually exclusive? I haven’t started the former yet, but it’s decision time.

    You can FOS without MCOL and MCOL without FOS. You can loose at FOS and go to MCOL, but not the other way around (on the same matter).

    If you start FOS I think this precludes you from starting MCOL until FOS is concluded, or at least gives Creation an argument at MCOL that the matter be decided first at FOS and thus seeking an adjournment until it has been. I’d not do both at the same time for this reason.

    You could conceivably start a complaint with FOS about one thing (eg inappropriate complaint handling) whilst simultaneously MCOLing about another (eg breach of contract).

    Froggee 882 posts

    Oh well – I have finally completed my complaint to the FOS. For a minute I thought I’d counted the months wrong but we are still in June which is month six of 2022 and December was month 12 of 2021, right?

    I felt it was too long at 1,400 words but it is factual and logical. I was kind of hoping Creation would have capitulated by now and I wouldn’t have to bother but no such luck. With hindsight, my error was complaining to Creation in October rather than waiting a year to see what responses everyone else got from the FOS! So those that haven’t actually got round to complaining to Creation yet – well done.

    I’ll probably give it a month or so and then do the complaint for the white card. That one seems a slam dunk as I earned my 200 points before Creation even wrote to me cancelling the card. Any thoughts on what I should ask for in terms of monetary compensation? The smallest unit of points IHG sells is 1,000 points for $13.50 so I guess I should ask for the sterling equivalent of $2.70?

    And genuine question that I’d appreciate a response from anyone but JDB on (I know he will think it is trivial) but is complaining for $2.70 petty? It’s much more about the fact that they were happy to take an application for a card, sent me the card, let me activate it and use it and then cancelled it days later. I have that stupid card on my credit report as open for a single month now which is far from ideal.

    PeteM 710 posts

    And genuine question that I’d appreciate a response from anyone but JDB on (I know he will think it is trivial) but is complaining for $2.70 petty? It’s much more about the fact that they were happy to take an application for a card, sent me the card, let me activate it and use it and then cancelled it days later. I have that stupid card on my credit report as open for a single month now which is far from ideal.

    I am after 200 points – but it’s more about the principle!

    Rui N. 827 posts

    You should ask for $13.50, as you can’t buy less than 1000 points.

    SteveJ 973 posts

    @Froggee Did you already complain to Creation? I thought you had 6 months from their response to your complaint, not 6 months from the item being claimed for?

    Froggee 882 posts

    @Froggee Did you already complain to Creation? I thought you had 6 months from their response to your complaint, not 6 months from the item being claimed for?

    Yes – two complaints.

    IHG black – complained in October for not being awarded free night voucher. Response received in December. FOS complaint submitted today in the nick of time.

    IHG white – complained in March for not being awarded points, being allowed to apply and being approved for a credit card, only to have it cancelled days after receiving it on grounds that made me sad (Creation withdrawing credit for fear I would default). Also the discourtesy of the rationale offered and their ineptitude resulting in a credit card appearing on my credit report for one month with consequences unknown but unlikely to be positive. Response received in May via email.

    marks7389 425 posts

    I opened a case with FOS back in Jan 2022. Still haven’t heard anything from them other than the initial acknowledgement.

    I guess the 4-month wait period is still a bit too ambitious.

    Same here. Got the confirmation email that it was in the queue stating average handler assignment time of 4 months on 28th January, so nearly 5 months since that point.

    Carlos 758 posts

    Are people still complaining about $2.70 and the loss of coulda shoulda woulda vouchers or points in blue sky world?

    Lady London 2,027 posts

    Are people still complaining about $2.70 and the loss of coulda shoulda woulda vouchers or points in blue sky world?

    Only those who have the understanding of what behaviour is (not)acceptable by a credit povider in the UK regulated consumer credit market, and those who are knowledgeable enough to be able to calculate an objectively correct valuation for the lost points and other benefits lost by the unacceptable behaviour of Creation towards their consumer customers. And more specifically,those who can objectively calculate a valuation of their losses caused by Creation’s breach of contract.

    So are you one of those knowledgeable capable people?

    Harrier25 846 posts

    Are people still complaining about $2.70 and the loss of coulda shoulda woulda vouchers or points in blue sky world?

    Only those who have the understanding of what behaviour is (not)acceptable by a credit povider in the UK regulated consumer credit market, and those who are knowledgeable enough to be able to calculate an objectively correct valuation for the lost points and other benefits lost by the unacceptable behaviour of Creation towards their consumer customers. And more specifically,those who can objectively calculate a valuation of their losses caused by Creation’s breach of contract.

    So are you one of those knowledgeable capable people?

    clearly not, otherwise his post would make sense.

    Lady London 2,027 posts

    Looking far ahead, in a recent case the FOS has clarified something interesting.

    The FOS’s decisions are legally enforceable on businesses, if businesses choose to try to ignore them. (For some strange reason I thought of Creation when I read about a claims management company that was told to pay out and didn’t). The FOS official said:-

    “Where a business fails to comply with a final decision that has been accepted, the customer can enforce the ombudsman’s decision through the courts, as it is legally binding.

    “This wouldn’t involve having the merits of the case looked at again, as the customer would be simply asking the courts to enforce the decision.”.

    The FOS said if the firm doesn’t pay out they do contact them. If the firm doesn’t pay out the FOS next step is to refer the firm to the FCA and it’s then out of the FOS”s hands.

    The FOS also said the court will enforce a FOS decision as above, but also said the customer can separately take the firm to court but that is a different process. The above statement just says that if the FOS decides in your favour but the company just sits there ignoring then customer can make an application to the court to enforce FOS decision.

    Lady London 2,027 posts

    Looking far ahead, in a recent case the FOS has clarified something interesting.

    The FOS’s decisions are legally enforceable on businesses, if businesses choose to try to ignore them. (For some strange reason I thought of Creation when I read about a claims management company that was told to pay out and didn’t). The FOS official said:-

    “Where a business fails to comply with a final decision that has been accepted, the customer can enforce the ombudsman’s decision through the courts, as it is legally binding.

    “This wouldn’t involve having the merits of the case looked at again, as the customer would be simply asking the courts to enforce the decision.”.

    The FOS said if the firm doesn’t pay out they do contact them. If the firm doesn’t pay out the FOS next step is to refer the firm to the FCA and it’s then out of the FOS”s hands.

    In the recent case thr FCA said “Not paying an FOS award is a breach of the regulations.” and “We take referrals of regulated firms not complying with Fos payment awards very seriously. If a firm fails to pay, we will take action and could stop them from offering financial products and services.” So there’s hope.

    The FOS also said the court will enforce a FOS decision as above, but also said the customer can separately take the firm to court but that is a different process. The above statement just says that if the FOS decides in your favour but the company just sits there ignoring then customer can make an application to the court to enforce FOS decision.

    Lady London 2,027 posts

    @Froggee Did you already complain to Creation? I thought you had 6 months from their response to your complaint, not 6 months from the item being claimed for?

    Yes – two complaints.

    IHG black – complained in October for not being awarded free night voucher. Response received in December. FOS complaint submitted today in the nick of time.

    IHG white – complained in March for not being awarded points, being allowed to apply and being approved for a credit card, only to have it cancelled days after receiving it on grounds that made me sad (Creation withdrawing credit for fear I would default). Also the discourtesy of the rationale offered and their ineptitude resulting in a credit card appearing on my credit report for one month with consequences unknown but unlikely to be positive. Response received in May via email.

    Froggee surely you have some sort of claim for worsening of your credit record…reputational damage…. that 1 month card is going to be on your credit record for a number of years pejudicing furher applications. I do have a nasty feeling proving this loss will be sticky right now though…. perhaps @JDB will chip in with any ideas.

    I like Rui’s suggestion of going for the $13.50… although in your position, to show my probity I would only ask for the pro rata $2.70. Adding an amount for wasted time and inconvenience, though :-).

    Sorry to hear about your Jersey.flight on the other thread. Rotten luck at that hour of the morning with kids in tow.

    slidey 284 posts

    For the following scenario do I need to submit a second complaint to creation or can it all be covered in the one FOS complaint?

    I complained to creation about them not giving my points and free night. I sent that complaint after I completed the card year, but then I had about 2 months of a new card year before the date they cancelled the card, for which they charged and never refunded any of the card fee but during that 2 months I hit the spend that would trigger another free night, so I shouldve be due 2 free nights, but the second of which wouldnt normally have been issued until the end of the current card year, but as they have cancelled the card it would never be able to hit the end of the card year so presumably I wouldnt need to wait to complain about that?

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