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I bought a product with my UK BA Amex in Feb 2024 (I also hold a Plat and Business Gold). It was defective, the seller was unhelpful in dealing with my complaint, and so I sent details of the issue to Amex who agreed. They refunded the charge but told me that if the merchant (who had ignored them so far) responded with evidence that the charge was justified, then they would reverse the charge, ie add it back to my bill. Fair enough so far.
Fast forward 14 months, and despite having pushed Amex on this three or four times, they insist that the merchant is still entitled to come back to them to challenge the refund. I have explained that this is unhelpful and that there must be a cut off date after which I can safely dispose of the rather bulky item that is taking up part of my basement. This got me nothing other than promises to call me back after discussion with a supervisor – which never happened.
Eventually I raised a formal complaint objecting to the lack of response and also the lack of a cut off date if the seller fails to respond to any of Amex’s communications – they came back rejecting this on the basis that they had handled my situation in line with their procedures – ie, entirely ignoring the basis on which I complained.
I think it highly unlikely the merchant will now bring a claim, but Amex is effectively telling me that I can’t ever safely dispose of an item, at least until the statute of limitations has expired.
Any tips or thoughts on how to progress?
Send it back to the merchant ?
Pretty sure that if you rejected very promptly to the seller (which on a credit card under s75 kinda includes the cardco but not if it’s a charge catd or debit card) an item that should not have been delivered to you or did not match what wss sold, there’s something in UK law that lets you issue the seller a notice to collect it within 10 days, otherwise you will exercise your right to dispose of the item as you see fit.
Note it’s up to them to arrange collection within that period of notice, you’re not obliged to send it. Obvs make sure you give them how to contact you to arrange collection.
So provided you were prompt in rejecting at least to the seller when it was delivered, I’d suggest you look into this. You can jointly address Amex (if credit card) or cc them (if charge or debit) on the official notice that you send.
Sorry IANAL so can’t quote where it”s written down – as you might want to check if time lapse after your initial prompt rejection matters – but I used it a number of years ago and sending the notice got action immediately.
Yes I did this once with a memory foam mattress which we found to be most uncomfortable after 1 night! The company refunded the money and declined to make any attempt to actually retrieve the mattress. I ended up donating it to a young cousin who had just bought his first house and was more than happy to have a brand new king size mattress gratis.
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You need to contact them for a return label etc. Give them a reasonable period to collect otherwise you’ll dispose of the item.
You should also file a report with trading standards.
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