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

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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? 

Comments

  • born_again
    born_again Posts: 20,167 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    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.
    Life in the slow lane
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 9 February 2024 at 1:38PM
    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
    DullGreyGuy Posts: 18,330 Forumite
    10,000 Posts Second Anniversary Name Dropper
    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
    iseb Posts: 5 Forumite
    Name Dropper First Post
    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
    eskbanker Posts: 36,937 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    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
    iseb Posts: 5 Forumite
    Name Dropper First Post
    @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
    Nasqueron Posts: 10,620 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    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

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

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