Claiming through Amex from company in receivership

danielweston

Hi all, wondering if you could help me.
Could you tell me what obligations a credit card comapny has regarding refund of money when a company has gone into liquidation. I bought some products from a company who promised delivery. 90% of the product was delivered and the rest was not although they promised it verbally (no written contract). As we have prviously dealt with this company we trusted them but to ensure security i paid with my ammex credit card. I was under the assumption that the credit card company was equally responsible and you have card protection, now however they do not want to know. I have received a letter from customer relations who are absolving themselves of all responsibility because no written contract exists between myself and the suppliers who are now in receivership. Can anyone help clarify the law on this and if i should keep chasing American Express?
Many thanks

HamiltonL

You can keep chasing Amex up. You may also need to contact Trading Standards for a liquidation letter to send to the branch, along with some advice. That might help the investigation should American Express wish to pursue it.

DestroyingAngel_2

Hi danielweston, is your Amex a charge card, or a credit card, i.e do you have to pay off your balance in full each month, or are you allowed to make the minimum payment each month? Section 75 of the Consumer Credit Act 1974 covers you if it's a Credit Card, but not if it's a Charge Card (such as the old-style American Express cards).

Under S75 of the CCA 1974, both the supplier (the merchant) and the lender (your cc company/bank) are "jointly and severally" liable, if the sum in dispute is between £100 and £30000 and involves a Credit Card. You can claim from both if there's a breach of contract, which appears to be the case. Your first port of call would be the merchant, or, if they're in liquidation, then the liquidators. However, expect to join a long queue of creditors and endure a lengthy wait before you see any progress. Speak to your local Trading Standards to find out what your Consumer rights are, and how to make a claim against the cc company/bank.