AMEX: long & bitter chargeback dispute - advice please!

straightouttacompton

ValHaller wrote: »

You are making the wrong point.

You are arguing that the charges are wrong because they are not according to contract and it should have been free. That is with your company hat on.

But it is your private hat you should be wearing and arguing you personally have never had any contract with this outfit which authorises them to charge you nor have they supplied you with anything - they are abusing your personal details given for a previous, entirely separate and complete deal.

I think too you might do well to face letting a court sort this out and focus on making the point concisely in a way which shows that you have already told them so a court would comprehend that you have told them what you need to rather than trying to get them to leave you alone.

BTW make sure this is not going on your credit record.

Thanks for this.

The problem with this route is the company hat and personal hat are very similar. The company name is my name with 'Limited' on the end. So I did, personally, use their services. There was a contract (admittedly one where the services would be free).

How would you recommend I ensure my credit report goes back to normal? They have already marked two months as late payment which I am fairly annoyed about.

Part of me just wants to pay it, as unjust a conclusion that would be.

grumbler

You seem to keep missing the point.
You over complicate the things trying to prove the CC company that you don't owe the money. It's not their business.

The main point, that is their business, is that you have never authorised this transaction and that CPA was fabricated by the company.

Even if you owe money to some company, they cannot just take it from your card that they have the details of. This is a case of a chargeback for unauthorised transaction.

I think it's already been said above that after exhausting the internal complaint procedure with Amex you have to take them to FOS. Ultimately you can sue them via small claims court and demand compensation and all bad records to be removed from your credit file(s).

straightouttacompton

grumbler wrote: »

You seem to keep missing the point.
You over complicate the things trying to prove the CC company that you don't owe the money. It's not their business.

The main point, that is their business, is that you have never authorised this transaction and that CPA was fabricated by the company.

Even if you owe money to some company, they cannot just take it from your card that they have the details of. This is a case of a chargeback for unauthorised transaction.

I think it's already been said above that after exhausting the internal complaint procedure with Amex you have to take them to FOS. Ultimately you can sue them via small claims court and demand compensation and all bad records to be removed from your credit file(s).

Thank you very much. This has made it quite clear

Could you please define what FOS means? Sorry, new to all this.

Rather than writing any more letters, I just called Amex who are resubmitting the case to the disputes team, and finally did seem to understand my position. The issue is, the disputes team don't take phone calls, and don't seem able to be contacted themselves, so if they come back with a ruling in the company's favour, then court is the only other option.

They did helpfully agree to fix any late payment notices in my credit record though, given the account has basically been in dispute since the start of the year.

dancingfairy

Generally you need to have exhausted the companies complaints procedures before the Financial Ombudsman Service (FOS) can be used. I think you can log a complaint with the FOS whilst thing s are in motion but FOS can't really intervene until the company have written to you with their final decision.
You need to write to Amex and make a written complaint and take it from there. You need to make it quite clear it is a complaint and head it complaint (As in post no.2).
df