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When creation were trying to use the ihg term of benefits can change to get out of giving the card benefits, was that them lying and trying it on or were they actually so incompetant that they thought it was true?
When creation were trying to use the ihg term of benefits can change to get out of giving the card benefits, was that them lying and trying it on or were they actually so incompetant that they thought it was true?
@slidey much civil litigation involves two parties disagreeing on the nature of a contract or the meaning of certain clauses and how one clause interacts with another etc. It isn’t a question of lying – people are entitled to different points of view or interpretation and if the other party isn’t happy with the outcome that gives, there is the option to drop the matter or get an independent judge or arbitrator to decide the matter. It’s totally routine in so many spheres of business to have disagreements, but people don’t usually refer to that as ‘lying’. Many people would be very upset to be accused of lying but bandy the word around rather loosely in respect of companies in the same way as accusations of conspiracy.You may be forgetting the reports here of Creation cases that went to court – it’s clear that the judges concerned didn’t see it in the same black and white way you suggest in your post; they couldn’t reach immediate decisions so urged the parties to settle which would indicate that they accepted some of the arguments from both sides. The FOS has a totally different remit to that of the court which is how it was able to deliver better outcomes which is why the flack the FOS is getting is rather ill judged.
When creation were trying to use the ihg term of benefits can change to get out of giving the card benefits, was that them lying and trying it on or were they actually so incompetant that they thought it was true?
@slidey much civil litigation involves two parties disagreeing on the nature of a contract or the meaning of certain clauses and how one clause interacts with another etc. It isn’t a question of lying – people are entitled to different points of view or interpretation and if the other party isn’t happy with the outcome that gives, there is the option to drop the matter or get an independent judge or arbitrator to decide the matter. It’s totally routine in so many spheres of business to have disagreements, but people don’t usually refer to that as ‘lying’. Many people would be very upset to be accused of lying but bandy the word around rather loosely in respect of companies in the same way as accusations of conspiracy.You may be forgetting the reports here of Creation cases that went to court – it’s clear that the judges concerned didn’t see it in the same black and white way you suggest in your post; they couldn’t reach immediate decisions so urged the parties to settle which would indicate that they accepted some of the arguments from both sides. The FOS has a totally different remit to that of the court which is how it was able to deliver better outcomes which is why the flack the FOS is getting is rather ill judged.
Anyone want to flag to him to push for Creation to apologise and not waste tax payer money again at FOS.
Probably a joker like the rest of them.
Anyone want to flag to him to push for Creation to apologise and not waste tax payer money again at FOS.
FOS is funded by case fees and a levy on financial services businesses. It doesn’t rely on taxpayer money.
I’m sure this has already been well covered but I couldn’t find the answer in this thread, so apologies – I made a complaint to Creation in early 2022 about the unexplained closure of my account, loss of free night, missing points etc. The complaint was rejected and then I never followed up with the FOS. I’ve obviously missed the 6 month deadline – do I have the option to resurrect the complaint or has the opportunity gone for me now?
The opportunity with FOS has gone, but resurrecting your complaint directly with Creation should now result in a more favourable outcome.
The opportunity with FOS has gone, but resurrecting your complaint directly with Creation should now result in a more favourable outcome.
Thank you. Is the best way of doing that to reply to Creation’s original rejection and just ask them to reconsider because I’m unhappy with their original decision? Or should I be basing it on any particular grounds (e.g. knowing that they’ve offered other people points, refunds etc.)?
Just launch a fresh new complaint. I did and they paid out.
If anyone actually read the decision by an Ombudsman in the link provided above, it’s clear the FOS has been provided with confidential information that has persuaded them that the cardholder had acted in a way that entitled Creation to cancel their account and withhold points. Those cases are quite rare and there will have been a serious transgression.
I find it interesting that the cardholder themselves, who is being accused of something, has no means to defend themselves.
What’s to stop Creation from bending the truth or simply making up stories to get out of paying?
Mr G accepted the Investigator’s decision (closure without notice and no credit of points was fair, lack of notification of closure caused £50 inconvenience). It seems that he knew that he had been a naughty boy. Creation did not accept the Investigator’s decision, so it was referred to an Ombudsman. The Ombudsman reached the same decision.
Just had agreement from Creation that they’re going to pay the £100 the FOS recommended.
Creation agree with my case to give me my outstanding points within 6 weeks. 8 weeks later nothing, they insisted they have sent it to IHG. So now I need to follow up with IHG, fun times!
Just launch a fresh new complaint. I did and they paid out.
That is exactly what I did , and it worked.
The Ombudsman has partially upheld my complaint. They accept I was given misleading information which caused me to stop using the card during the notice period and awarded £50 compensation. Even though I stopped using the card because of that misleading information, the card did remain available if I wanted to use it. So, for that reason, they agree the partial fee refund should be calculated from December rather than October.
They acknowledge I would have continued using the card if I had not been given misleading information but will not order Creation to issue any additional points to make up for this.
The £50 is the same as suggested by the case investigator, which I accepted but Creation rejected.It is frustrating that the Ombudsman agrees I stopped using the card because of wrong information given by Creation, but then limits the compensation because it was my choice not to use the card.
It’s incredibly poor that the Ombudsman has taken 1 year and 7 months to reach a decision, so I’m now going to complain to the Independent Assessor for the Financial Ombudsman Service.@BA-Flyer – you can’t take your case to the Independent Assessor until you have exhausted the internal complaints process of the FOS. Also, the IA cannot consider the merits of your Creation complaint/resolution so can only consider eg the processes followed, impartiality etc. Timeliness is a potential consideration but the FOS will say they had a lot of Creation cases to deal with and like many public bodies were very understaffed post covid.
Your case is obviously rather different to the bulk of Creation cases, but as a generality it’s very difficult to get compensated much if anything for ifs and buts; it’s difficult to measure your theoretical loss and any such calculation would usually be heavily discounted.
If you did decide to go down the IA route, you need to consider what you would actually be asking the IA to do. If you are asking compensation for the delay, for example, you need to consider a sum and justify how the FOS delay has caused you any particular loss or inconvenience to justify the sum.
I rejected the Creation offer made back in March (accrued points, accrued free night and pro rata refund), seeking in addition ‘distress and inconvenience’ compensation. FOS investigator has now upheld the complaint and proposes £100 compensation for: (a) ‘loss of opportunity to use the card during the notice period’ (when I phoned after the first statement they told me I wouldn’t earn points during the notice period, so I stopped using it at that point); and (b) being unable to use the free night in 2022 (I provided evidence of a paid stay where I could/would have used the free night had it been credited at the correct time).
To finish the story, I accepted the FOS Investigator’s decision but Creation did not, so we went to an Ombudsman. The Ombudsman decision has now be circulated, and he has decided that £100 compensation for inconvenience should be paid for: (a) being “misinformed about [my] ability to earn points during the notice period” (of course this was not ‘misinformed’ as such, in that this was clearly Creation’s policy at the time, but that policy was wrong, as Creation now accept. Having been so (mis)informed I stopped using the card, so Creation’s policy effectively deprived me of the notice period I was entitled to); and (b) being unable to use the free night for an IHG stay which I took within the 12-month period the free night voucher would have been valid had it been issued at the time it should have been.
Although the reasoning is expressed in slightly different terms, the outcome is the same as that reached by the Investigator. The Ombudsman’s decision will, of course, be published.
Just received my £100 statement credit on the excellent Creation Marriott Bonvoy credit card for spending £300 or more at a Marriott hotel.
Just received my £100 statement credit on the excellent Creation Marriott Bonvoy credit card for spending £300 or more at a Marriott hotel.
Is that credit really a thing on the Creation card or are you thinking of the Amex Bonvoy equivalent ?
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Just received my £100 statement credit on the excellent Creation Marriott Bonvoy credit card for spending £300 or more at a Marriott hotel.
Is that credit really a thing on the Creation card or are you thinking of the Amex Bonvoy equivalent ?
Definitely the Creation card. I do not have the Amex Bonvoy card. The offer was made in May and finished 31 August. I believe it was an offer to all who hold this card.
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Just received my £100 statement credit on the excellent Creation Marriott Bonvoy credit card for spending £300 or more at a Marriott hotel.
Is that credit really a thing on the Creation card or are you thinking of the Amex Bonvoy equivalent ?
Definitely the Creation card. I do not have the Amex Bonvoy card. The offer was made in May and finished 31 August. I believe it was an offer to all who hold this card.
Ah – OK – thanks for the reply. Sorry for doubting you. I just didn’t remember receiving this offer and I do hold the Creation Marriott card. Had a bit of F&B spend on a rewards stay at the St Regis NYC in June that I’d have put on the card if I’d have known 🙁 Nevermind, win some lose some and it was a great points trip anyway !
Actually, I think I remember that was a UK hotel offer so not applicable in my example … still, agree it’s a legacy card that punches above its weight, with the 10 status nights, annual bonus points and occasional offers on top – definitely worth holding onto- just a shame those muppets at Creation run it 😂
I closed my creation card months ago but now seem to have a small credit in the account. Please does anyone know how I might get that money? Thank you.
I closed my creation card months ago but now seem to have a small credit in the account. Please does anyone know how I might get that money? Thank you.
Call Creation
I closed my creation card months ago but now seem to have a small credit in the account. Please does anyone know how I might get that money? Thank you.
Email or call Creation.
I hope you get your credit more easily than I got my points when my account closed.
Tossers.
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