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Forums Payment cards American Express WARNING – Amex dodging Section 75 refund Reply To: WARNING – Amex dodging Section 75 refund

Lady London 2,176 posts

@peterw I hope you did pay with Amex *credit* and not charge card. As I’m sure you know s75 joint liability only applies to purchases made by UK-issued credit cards.

If it was a credit card Amex’s proposition is totally unreasonable. They’ve plucked something out of thin air to suit themselves.

I don’t see they have the right to do that. Otherwise where would it all end? Cards would just invent their own terms to pay you what they are jointly liable for.

A short sharp jerk on the choker chain of Amex – just as you must do with a dog as soon as it tries to misbehave as otherwise it just stores up trouble for further bad behaviour of the dog in the future – is the way to go. Especially as Amex will be charged £750 by the Ombudsman for your complaint.

If you did not follow Amex’s complaint process before complaining to the Ombudsman the Ombudsman will refuse to deal with your complaint. So if you haven’t, do so, wait for the refusal result of their official process and raise a completely fresh complaint after that. PS think about how you will quantify your loss under a few headings for the Ombudsman although this feels more a performance claim than a money claim. Even a token £1 under a heading could be helpful.

Aa pointed out by other posters in various cases on here, technically you are not obliged to exhaust complaint process with the merchant before raising a s75 claim with your credit card as card is jointly liable. But it would have been better optically.

What Amex is proposing to do – spread your repayments over a period they defined to suit them – is totally unacceptable. Having been denied what you purchased you need your money back now to pursue other options. Otherwise, if you’re sure it would cost a lot more and you could duplicate an identical cruise on a very close date, remind Amex that under s75 they are not just liable to refund what you paid they are in fact liable for the consequential cost of replacing what you purchased under s75 even if it would now cost considerably more to replace now so you insist they refund you now and in full.

How much would Amex charge you in interest and charges (plus interst compounding including on monthly interest) according to your credit card agreement if you insisted on paying this size of amount in 4 instalments over 4 months? An arbitrator would quite possibly award you that (though not, I suspect, a court). Ask them which arbitration acheme they-re signed up to and tell them what amount you calculate for that now if you’re willing to give that a run – it has an innate fairness, to me, which is what arbitration is for. You could open by asking them what is the basis on which they’ve chosen to propose 4 months.

The only way I can see Amex possibly getting away with this is if 4 months time was the date of your cruise.
But to me you already know you’ve lost that money and should receive the money back to try to find an alternate holiday.

Please let us know what happens as Amex is getting to be more and more of a dog these days.

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