[marks7389]

SteveJ wrote:

BillySillyWilly wrote:

I spoke to someone at Creation today who stated that it’s in the terms and conditions from the point that I was notified the card was to be cancelled, no further points would be awarded. She quote a section in the T&Cs but I didn’t write it down. So my original complaint has been rejected although none of this is in writing yet.

Pretty certain this is not in theirs Ts & Cs, they’ve just made that up. It is also a matter of fact that I was still initially awarded points after the letter was issued, and those points transferred. Only on the 2nd statement after did they not transfer (but their communications, online and pdf statement) both continued to show points “awarded”

There appear to be two separate sets of terms and conditions. This one for the card itself:

https://www.creation.co.uk/files/IHG_CLUB_T_C_s_live_22.05.19.pdf

..which contains the clause (14) under which they are unilaterally terminating the accounts with two months notice. However this says nothing about points award, which is covered here:

https://www.creation.co.uk/ihgcctermsandconditions/

The only point of relevance I can see here is where it states “Points are only awarded to accounts that are open on the Statement date”. Notwithstanding an argument around fairness under the circumstances, they may try to use that as a get-out for not awarding points earned after the last statement issued prior to the 3rd December. However the accounts weren’t closed at the point of the October and November statement dates and corresponding missing transfers. I can’t remember what the letter said but there does also appear to be a mix of terminology in use – “closure”, “ending the agreement”, “restricted functionality” (web account access), “active” and its not wholly clear how those relate to each-other.

Note that with regard to earning the anniversary night voucher it states that this occurs “On the anniversary of your account opening, so long as your account remains active”. If their position is that the account is no longer “active” because they closed it before the anniversary date, again that would seem to be an issue of fairness.

[marks7389]

SteveJ wrote:

BillySillyWilly wrote:

I spoke to someone at Creation today who stated that it’s in the terms and conditions from the point that I was notified the card was to be cancelled, no further points would be awarded. She quote a section in the T&Cs but I didn’t write it down. So my original complaint has been rejected although none of this is in writing yet.

Pretty certain this is not in theirs Ts & Cs, they’ve just made that up. It is also a matter of fact that I was still initially awarded points after the letter was issued, and those points transferred. Only on the 2nd statement after did they not transfer (but their communications, online and pdf statement) both continued to show points “awarded”

[My original response looks like it may be stuck in moderation presumably becuase of the links. Reposting – the links below are both on the Creation website.]

There appear to be two separate sets of terms and conditions. This one for the card itself:

/files/IHG_CLUB_T_C_s_live_22.05.19.pdf

..which contains the clause (14) under which they are unilaterally terminating the accounts with two months notice. However this says nothing about points award, which is covered here:

/ihgcctermsandconditions/

The only point of relevance I can see here is where it states “Points are only awarded to accounts that are open on the Statement date”. Notwithstanding an argument around fairness under the circumstances, they may try to use that as a get-out for not awarding points earned after the last statement issued prior to the 3rd December. However the accounts weren’t closed at the point of the October and November statement dates and corresponding missing transfers. I can’t remember what the letter said but there does also appear to be a mix of terminology in use – “closure”, “ending the agreement”, “restricted functionality” (web account access), “active” and its not wholly clear how those relate to each-other.

Note that with regard to earning the anniversary night voucher it states that this occurs “On the anniversary of your account opening, so long as your account remains active”. If their position is that the account is no longer “active” because they closed it before the anniversary date, again that would seem to be an issue of fairness.

[marks7389]

LostAntipod wrote:

I complained to Creation in October set an end Oct deadline. They replied Dec 1 rejecting all my claims, namely
– award of free IHG night or cash alternative, since I met the spending threshold, and by false promises, denied the opportunity to direct that spend to other reward programs;
– annual fee refund, since they terminated my account a month prior to the end of the account year;

Did they provide any explanation or reasoning for the rejection of your claims. Did you also claim for the points built up since they stopped transferring them, or did that only come to light afterwards?

[marks7389]

jimboandthejetset wrote:

I am just below the points threshold to “earn” Spire next year. If Creation send me the points it owes me for the last two months, I would be over the threshold.

I know this is academic for status, as the status will be rolled forward. However I suspect IHG will reward those who would have qualified with a slug of points… and I will miss out on those because of Creation.

So, should this come to pass, am I allowed to claim the loss of that extra reward as a consequential loss from Creation’s actions?

I’m in exactly the same position. I suspect we’re going to find it difficult to argue any additional recompense from Creation on this as, if anything happens at all, it will be within IHG’s gift. I suspect like you I had the 25,000 qualification bonus points last year on qualification and again earlier this year when IHG extended the status. I think I’ve seen others who have reached the threshold again say that they’ve not as yet been offered anything more.

My gut feeling is to focus the argument with Creation on the points and anniversary night that are owing, and if we win that argument and IHG does do something for those who requalified take it up with them at that point with the requisite evidence of what’s happened.

• This reply was modified 3 years, 4 months ago by marks7389.

[marks7389]

My response is due 17th December but I’m not holding my breath. They’re obviously seeing much the same complaint many times over, so if they really wanted to resolve things amicably and before people start raising complaints to the FOS it wouldn’t be hard despite the complaint volumes. It will be interesting to see what happens but they must also know that as soon as they provide a response to one complainant others are going to know what that is very quickly.

NorthernLass, personally I’m not worried about IHG taking action on the back of Creation’s decision to cull a portion of their client base that they’ve decided is unprofitable. That’s absolutely what this is; I can’t see how anyone has broken Creation’s terms by using Curve, even the small minority who were taking the p*ss with manufactured spend. At worst IHG may be ambivalent to all this (which given my interaction with IHG customer service last year wouldn’t greatly surprise me). At best I’d hope they are asking pointed questions of Creation as to why and how they’ve made such an almighty mess of a product carrying their branding.