Should chargeback be against Amex or my bank

DullGreyGuy

mdp963 said:

Have made a second attempt to persuade Amex to change their minds .... the refusal seems to be based on an unpublished 'condition' ( if it even exists) which  excludes aggregators such as Stripe 

I think the truth is that Stripe are not an 'approved' merchant and therefore Amex have not received any fees from them 

Its not "unpublished", the rules are published https://www.legislation.gov.uk/ukpga/1974/39/section/75

You have to remember that this legislation was enacted in 1974 when the world and use of credit was very different. There are plenty of posts on here debating it so wont repost again. You will see that it requires there to be a Debtor - Creditor - Supplier agreement but the problem can be that there is a Debtor - Creditor - Payment Service - Supplier agreement and that fourth party takes it out the scope of the act. 

Its the opposite of AmEx not having a contract with Stripe... its the fact they have a contract with Stripe but not a contract with the Supplier that AmEx use to say the D-C-S chain is broken

However you want to be looking at the likes of https://www.financial-ombudsman.org.uk/decision/DRN9249134.pdf  where the Financial Ombudsman disagreed with AmEx on saying the use of Stripe counted as a disallowed 4th party.