Section 75 Financial ombudsman says not eligible complainant

in Credit cards
2 replies 156 views
Hello, 

I raised a complaint with the FO against american express for an online course to grow my business.  The company offered a 30 day money back guarantee and I cancelled within 17 days because there were parts missing- it was mis-sold and not as described but they refused to refund me saying I didn't complete the course.
I used my personal card as I don't have a company card but the ombudsman has now said I am not an eligible complainant because I am a Director and used my personal card.

Anyone else been told this or offer any advice?

Thanks

Replies

  • eskbankereskbanker Forumite
    25.4K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
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    If the purchase was for your business then this may well have taken the transaction out of s75 scope, regardless of whether the payment was on a personal card - who is named on the contract and/or invoice associated with the purchase, you personally or your (limited company?) business?  Presumably the fact that FOS were aware that you're a director means that this is visible to the supplier and Amex too, so it's difficult to see how this would be the case if you were acting in a solely personal capacity?
  • DullGreyGuyDullGreyGuy Forumite
    3.6K Posts
    1,000 Posts Name Dropper
    Forumite
    Hello, 

    I raised a complaint with the FO against american express for an online course to grow my business.  The company offered a 30 day money back guarantee and I cancelled within 17 days because there were parts missing- it was mis-sold and not as described but they refused to refund me saying I didn't complete the course.
    I used my personal card as I don't have a company card but the ombudsman has now said I am not an eligible complainant because I am a Director and used my personal card.

    Anyone else been told this or offer any advice?

    Thanks
    What type of dispute did you raise with AmEx? A chargeback or S75? What was the outcome?

    Was it a professional course or a hobby? Who was named on the invoice?

    What was the exact wording from the Financial Ombudsman? What is the size of the company you are a director of (revenue and headcount)?
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