Dispute with Samsung - section 75 CCA if I close my credit card account

The_Boss

Hi all. I'm currently in dispute with Samsung regarding a new phone I recently purchased from them on my American Express card, with them claiming to have fully fulfilled the order but with me not having received part of the order.

However, I was wanting to close my AMEX card next week because I will be required to pay a £190 annual fee from the 19th Feb. If I close my AMEX card, does this mean I cannot then claim via section 75 of the CCA through Amex about this matter if I cannot resolve it with Samsung? 

born_again

You can still claim after closing acc.
But it may not be a S75 claim. Could  be a chargeback for partial non receipt.
Depending on what exactly is missing.
If it was something like a free watch promotion, then there may be no claim.

grumbler

Closing the account doesn't affect your rights under s75, although communicating with Amex can become more difficult.
Have you considered a simpler chargeback option instead?

DullGreyGuy

grumbler said:

Closing the account doesn't affect your rights under s75, although communicating with Amex can become more difficult.
Have you considered a simpler chargeback option instead?

You don't get a choice with AmEx, you raise a "dispute" and AmEx will decide which mechanism to use in the first place. 

iseb

Can the company in dispute again comeback to claim the money via debt agency if the credit card company has refunded. I am in situation where the service provider did not raise dispute under 45days of master card agreement but after 2 years has started saying I owe them money. Please can someone advice what course need to be taken

eskbanker

iseb said:

Can the company in dispute again comeback to claim the money via debt agency if the credit card company has refunded. I am in situation where the service provider did not raise dispute under 45days of master card agreement but after 2 years has started saying I owe them money. Please can someone advice what course need to be taken

Best to start your own thread rather than hijacking this one (but short answer is yes, the merchant can claim after chargeback).

iseb

@eskbanker I am really sorry but thank you for your comment. Will you be able to share some more detail , I would appreciate or guide me to read another article.

Nasqueron

iseb said:

@eskbanker I am really sorry but thank you for your comment. Will you be able to share some more detail , I would appreciate or guide me to read another article.

If you did a chargeback and they didn't dispute it at the time, it means they can't reverse it now. It does not change the fact that (in their view) you owe them money and could well initial court proceeedings.

I would suggest your own thread with all the details, dates and what you did / complaints etc

Firms have 6 years to chase a debt

iseb

@Nasqueron thank you for your comments. I have now started new thread - https://forums.moneysavingexpert.com/discussion/6504801/dispute-raised-with-card-company-and-got-refund-now-aspect-is-saying-i-owe-them-invoice-after-2years#latest