Amex and section 75 claim - third party payments processor

SGE1

Hi all

I’ve put in a section 75 claim (charge back not possible, I was told, as it’s been over 180 days) for a transaction made on my Amex credit card. I bought aligners which don’t fit, and the company (Smile Direct) has since gone bust. 

Amex have today replied and told me my claim is being refused because Stripe processed the payment, and therefore they claim the supply chain is broken. I had no idea Stripe were involved - it’s not anywhere on my statement. I’ve since found the MSE article on this from April 2017 which flags this is a potential issue and that it isn’t clear when s75 applies or not. 

My question is: has anyone had a similar issue and taken it to the Financial Ombusdman? I think I will have to do so, but welcome any tips on how to make the best case. It all seems a bit of a mess; had I known I wasn’t protected at all I probably wouldn’t have bought aligners online. 

eskbanker

https://www.financial-ombudsman.org.uk/decision/DRN9249134.pdf is an FOS case that seems to match yours quite closely.