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Successful AMEX Section 75 claim

I wanted to describe my success at a S75 claim I initiated and won against American Express. 

In March 2020 we flew out from London to Islamabad on BA. The tickets were purchased via my Amex card. 

Whilst on our holiday, COVID hit and our return flight got cancelled. I contacted BA for advice and they re-routed us on to a Qatar Airways flight via Doha. This also got cancelled. BA rebooked me a second and third time on Qatar but all flights were getting subsequently cancelled. The UK Government then started repatriation flights from Islamabad back to London. These are priced at £550 each. After arriving back to the UK, BA also gave me a refund of the return portion of my original flight. 

However, even after receiving this refund, I was still out of pocket to the tune of £800 in total. I contacted BA for a refund of this amount, as it was their duty to return us back to the UK. I mentioned that they had attempted to get us on Qatar flights but these were not successful and as the repatriation flights were the only option they need to refund me the difference. But they refused to do, so I raised a Section 75 claim with Amex as they are jointly liable. 

Amex took a very long time to respond, it took about 13 months for them to provide me with a response. In the response, they accepted liability and offered me the difference with the condition that I cannot disclose the outcome to any third party. I did not agree as I wanted to publicise my case since I feel it may be beneficial for others who have been left out of pocket due to COVID travel issues. 

I refused their terms and escalated the issue to the Financial Ombudsman Service. The FOS ruled in my favour and I was refunded the amount without any disclosure conditions applied. 

So if you have had to fork out for extra tickets during COVID period, do ensure you ask for the airline for the difference and if they refuse, lodge a Section 75 claim if you paid with a credit card. 

Comments

  • Thanks, especially for not accepting the gag order.
  • I'm in a dispute with Amex at the moment over their refusal to pay under a Section 75 claim. I've taken it to the Ombudsman so am hoping they can persuade the company to change their mind. Amex take ages to respond and their argument is not logical regarding the evidence I have sent them so we'll see!
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