Amex Section 75 Claim - How Long?

MrX

I'm aware that Section 75 claims have no hard deadline, however I am curious as to other people's experience of claiming under Section 75 from American Express this year.

Hotel stay cancelled due to Covid back in April.  Charge back was not available on the Amex site so did Section 75 instead (£1000).  Since then the only response I get back from Amex when asking for the status is "we're busy, we're still assessing it".  I know they are dealing with more claims than usual, but if they have looked at it in the last 8 months then they'll see it's an open and shut case - so it seems like they are just delaying for the sake of it. 

Anyone else had any better experiences?  Or are you in the same boat or worse (ie waiting even longer?). 

I always rated Amex but they seemed to have really gone down hill with their customer service.

Sandtree

Log a complaint and then that gives them 8 weeks to respond before you can go to the ombudsman.

if you have cancellation rights why didn’t the hotel refund?

MrX

Hi Sandtree - thanks that may be the only thing left to do now.  The hotel cancelled the booking but refused a refund as they said Covid wasn't their fault and would only offer a voucher for a future booking.

born_again

Sandtree said:

Log a complaint and then that gives them 8 weeks to respond before you can go to the ombudsman.

if you have cancellation rights why didn’t the hotel refund?

While it gives them 8 weeks to respond to the complaint. It does not mean that the S75 claim will be resolved in the same timescale. Even FOS which are even worse case wise that card companies in dealing with the complaints. So odds on Amex will sort it before FOS even get to look at it.

Sandtree

born_again said:

Sandtree said:

Log a complaint and then that gives them 8 weeks to respond before you can go to the ombudsman.

if you have cancellation rights why didn’t the hotel refund?

While it gives them 8 weeks to respond to the complaint. It does not mean that the S75 claim will be resolved in the same timescale. Even FOS which are even worse case wise that card companies in dealing with the complaints. So odds on Amex will sort it before FOS even get to look at it.

Absolutely but it should generate a more meaningful response in terms of where they are/timescales etc rather than just "we're busy and still assessing it".

MrX said:

Hi Sandtree - thanks that may be the only thing left to do now.  The hotel cancelled the booking but refused a refund as they said Covid wasn't their fault and would only offer a voucher for a future booking.

If the hotel themselves cancelled it then that certainly is a reasonably helpful matter but still would need to check T&Cs

tafer2uk

I have an Amex dispute for £6.2k with Amex and in my own personal experience they have been dreadful. I first raised a chargeback for flights with Oman Air that Oman Air cancelled. They refused to refund despite being in breach of EU261 and told Amex the flights were non-refundable. Amex reversed the chargeback and told me that it was my fault for booking non-refundable flights. I raised a S75 claim in May this year and I've not received any response from them. Likewise I raised a complaint with the FOS at the end of July and I'm yet to receive any meaningful response, just an occasional we are busy and someone will be in touch soon. I still have the option of claiming on my Travel Insurance, however that will be a last resort on principal. Finally my home insurance legal cover have confirmed they would help me claim in small claims court if needed but that probably would be the last resort.

My biggest complaint about Amex in this process is that instead of the helpful polite service I'm used to, I've been met with rude obstinant individuals trying to block my every move. I rarely use my Amex card anymore with just the odd bits of shopping. Anything over £100 goes on my Nationwdie Card as touch wood they have never let me down. I appreciate tht the pandameic has caused all sorts of problems, but at the same tme they haven't lived up to their continued claims that they have your back should things go wrong. 

MrX

Hi tafer2uk - good call on the home legal cover.  I might have to do the same.  I've sent another letter (physical letter not email) to their complaints team.  I dont expect it to do any good but want it to be the first step on potentially more formal proceedings.

I've also stopped using my Amex card as it doesn't provide the protection or customer service it once used to.

desiman

Similar delay here with Amex/Section 75. Completed the paperwork and submitted on 15th June 2020 and still no reply. I keep getting told to wait and that there is no hard deadline for them to give me a reply. 
I got fed up with waiting and lodged a case with the Financial Ombudsman Service (FOS) in late October to look into Amex's delay. FOS initially said they were busy and it could take up to four months. This then turned into four or five months and now I get told to keep waiting. 
In summary, nearly 11 months since I lodged my original S75 complaint with Amex and over 6 months since my complaint to FOS about Amex. No update on either! 
As per tafer2uk's situation, I have travel insurance that will pay out in my circumstance, but seems reasonable to exhaust the S75 route first. 

[Deleted User]

desiman said:

Similar delay here with Amex/Section 75. Completed the paperwork and submitted on 15th June 2020 and still no reply. I keep getting told to wait and that there is no hard deadline for them to give me a reply. 
I got fed up with waiting and lodged a case with the Financial Ombudsman Service (FOS) in late October to look into Amex's delay. FOS initially said they were busy and it could take up to four months. This then turned into four or five months and now I get told to keep waiting. 
In summary, nearly 11 months since I lodged my original S75 complaint with Amex and over 6 months since my complaint to FOS about Amex. No update on either! 
As per tafer2uk's situation, I have travel insurance that will pay out in my circumstance, but seems reasonable to exhaust the S75 route first. 

Travel insurance would be way better to use than S75. With S75 you are asking the card company to refund your costs out of their pockets which, while they may well have to eventually, is obviously not very appealing for them. As such they will have a proper investigation into whether there was a breach of contract and if they are liable under S75. You should just claim on the insurance as that is what it is there for

desiman

There's a few holes in your argument, Farfetch

1. Not very appealing for them = insurance excess cost for me. I don't see why I should be out of pocket. 
2. I believe they are liable under S75 so will wait for a reply. This thread is about the excessive delays Amex are imposing on resolving S75 claims. Giving up and going to the insurance company would absolve them of their responsibilities. 
3. The insurance company will naturally ask whether I have attempted to recover the claim from the credit card company. I believe it is normal practise to ask the credit card company first, so they will be my option of last resort

[Deleted User]

desiman said:

There's a few holes in your argument, Farfetch

1. Not very appealing for them = insurance excess cost for me. I don't see why I should be out of pocket. 
2. I believe they are liable under S75 so will wait for a reply. This thread is about the excessive delays Amex are imposing on resolving S75 claims. Giving up and going to the insurance company would absolve them of their responsibilities. 
3. The insurance company will naturally ask whether I have attempted to recover the claim from the credit card company. I believe it is normal practise to ask the credit card company first, so they will be my option of last resort

1) You can still try and use S75 for the balance
2) No it wouldn't, you can still use them
3) No they won't. Insurers cannot demand you use S75 to get out of paying. Travel insurance would be the first option in normal practice. They can ask (if their terms allow it) you to mitigate losses by trying to go through S75 but at the same time S75 doesn't cover everything e.g. if your flight was cancelled but not the hotel