cancel
Showing results for 
Search instead for 
Did you mean: 

Credit card protection for item not received

msavain
New Member

Credit card protection for item not received

Hello,


I have purchased an expensive watch with my AMEX credit card.  The vendor shipped the package via a courier which mis-delivered the package and did not request the signature due to COVID.  The courier did a thorough investigation and eventually admitted that they mis-delivered the package and sent a letter acknowledging the loss to the shipper/vendor.  I have a copy of this letter.

 

The problem now starts in that the vendor significantly under-insured the package (although they requested delivery confirmation).  Let's say they insured it for $100 whereas the purchase was for $10,000 just to give a rough idea.  They are refusing to credit back the purchase even though the courier acknowledged the loss to them directly and offered to pay for the insured value and have stopped communicating.


I took this with the cc (AMEX) and they are telling me that they will arbitrate this discussion via a chargeback but they cannot withold the money from the vendor and it's up to the vendor to accept to credit me?


Is this correct?  Isn't there a protection from items not received (which is one reason to use credit card(s) in the first place)?  Can't the cc company rule and find a responsible party for the loss - in this case I had paid $$$ for shipping+insurance but vendor under-insured the package leading to this issue.

 

Thank you!

Message 1 of 9
8 REPLIES 8
K-in-Boston
Moderator

Re: Credit card protection for item not received

Amex is typically exceptional when it comes to chargebacks; in years past they would side with the cardholder to a fault, but fortunately have made the process much fairer to both parties.  Depending on the type of dispute they sometimes withhold the funds from a merchant until the merchant can disprove the validity of the chargeback, but this is not always the case and the merchant may be given time to submit documentation before the actual chargeback is done.

 

If you have not already submitted a copy of the letter from the courier to Amex, I would do so.

Message 2 of 9
gdale6
Moderator

Re: Credit card protection for item not received

If you never received the item and you didnt, proof with the letter you have then by law you are to be credited back for the purchase if you dispute it. If the CC issuer is refusing then you need to file a CFPB complaint on them.

Message 3 of 9
msavain
New Member

Re: Credit card protection for item not received

Yes, AMEX has been provided the courier letter, case number, all details, etc. and it shows in progress for the dispute.  The merchant is fighting it to a 'T' that if the item shows 'delivered' it's not their responsibility but it's clear this is because the item was underinsured. 

 

Merchant even provided the initial waybill where a wrong contents (such as 'storage box' or something similar) were written in and the wrong value was also listed and they sent this directly to AMEX as a proof of delivery.  I subsequently explained the reason they are fighting the dispute so hard since they were underinsured.

 

One other question - if the credit card company (AMEX) is eventually siding with the merchant, what would filing a CFPB complaint help with?  Is there a way to escalate with AMEX management (I'm a customer with a large revolving line of credit, have been giving them business for 20 years, etc., etc.)?  Could one refer to the government laws in this regard:

 

"Two federal laws — the Mail, Internet or Telephone Order Merchandise Rule and the Fair Credit Billing Act — offer protections and procedures so you don’t have to pay for merchandise you ordered but never got."

 

https://www.consumer.ftc.gov/articles/0221-billed-merchandise-you-never-received

 

I had felt pretty comfortable in using my cc for purchases but in the last day or so since hearing this I've been pretty shocked...

Message 4 of 9
gdale6
Moderator

Re: Credit card protection for item not received


@msavain wrote:

Yes, AMEX has been provided the courier letter, case number, all details, etc. and it shows in progress for the dispute.  The merchant is fighting it to a 'T' that if the item shows 'delivered' it's not their responsibility but it's clear this is because the item was underinsured. 

 

Merchant even provided the initial waybill where a wrong contents (such as 'storage box' or something similar) were written in and the wrong value was also listed and they sent this directly to AMEX as a proof of delivery.  I subsequently explained the reason they are fighting the dispute so hard since they were underinsured.

 

One other question - if the credit card company (AMEX) is eventually siding with the merchant, what would filing a CFPB complaint help with?  Is there a way to escalate with AMEX management (I'm a customer with a large revolving line of credit, have been giving them business for 20 years, etc., etc.)?  Could one refer to the government laws in this regard:

 

"Two federal laws — the Mail, Internet or Telephone Order Merchandise Rule and the Fair Credit Billing Act — offer protections and procedures so you don’t have to pay for merchandise you ordered but never got."

 

https://www.consumer.ftc.gov/articles/0221-billed-merchandise-you-never-received

 

I had felt pretty comfortable in using my cc for purchases but in the last day or so since hearing this I've been pretty shocked...


You have got the right laws to use. If you are not getting satisfaction with the merchant then you dispute with the company you charged it on and this should be the end of it but if its not then the CFPB can help by intervening on your behalf with the issuer. The federal government doesnt like when CC issuers dont follow the law. You also have another option and that is to sue the merchant outright but this is something of last resort.

Message 5 of 9
FinStar
Moderator

Re: Credit card protection for item not received

One other question - if the credit card company (AMEX) is eventually siding with the merchant, what would filing a CFPB complaint help with?  Is there a way to escalate with AMEX management (I'm a customer with a large revolving line of credit, have been giving them business for 20 years, etc., etc.)?  Could one refer to the government laws in this regard:

 

"Two federal laws — the Mail, Internet or Telephone Order Merchandise Rule and the Fair Credit Billing Act — offer protections and procedures so you don’t have to pay for merchandise you ordered but never got."

 

https://www.consumer.ftc.gov/articles/0221-billed-merchandise-you-never-received

 

I had felt pretty comfortable in using my cc for purchases but in the last day or so since hearing this I've been pretty shocked...


While it would be great if AmEx can resolve the claim to your satisfaction, be aware that your cardmember agreement has an enforceable arbitration clause.  So, the CFPB may not be able to supercede that, but it would largely depend on how the resolution plays out and your rights under such arbitration provision.  Tenure in cardmembership or having a large credit line doesn't really sway the pendulum in a variety of cases.  

Message 6 of 9
msavain
New Member

Re: Credit card protection for item not received


@gdale6 wrote:


You have got the right laws to use. If you are not getting satisfaction with the merchant then you dispute with the company you charged it on and this should be the end of it but if its not then the CFPB can help by intervening on your behalf with the issuer. The federal government doesnt like when CC issuers dont follow the law. You also have another option and that is to sue the merchant outright but this is something of last resort.


Suing the merchant is not easy because they are quite far away and I'd have to get a lawyer to represent me in their jurisdiction.  I just need to know what protection/rights I have with AMEX and the avenues to escalate should it come to that.

 

Also it's interesting to note that AMEX has outsourced their support to lower cost countries and it takes some effort to make sure the right information is captured and escalated with the US-based counterparts.  It just appeared initially that they are applying the rules administratively.

Message 7 of 9
msavain
New Member

Re: Credit card protection for item not received

The other question is whether I interpreted the feedback from AMEX correctly.  They said they will work to convince the seller/merchant to issue the refund but they cannot 'insure' the purchase to guarantee 100% that I will be reimbursed for the non-delivery of goods.


Is this right and when did this change?  Wasn't the non-receipt of goods an automatic insurance from the credit card issuers?

Message 8 of 9
fatcomic
Regular Contributor

Re: Credit card protection for item not received


@msavain wrote:

@gdale6 wrote:


You have got the right laws to use. If you are not getting satisfaction with the merchant then you dispute with the company you charged it on and this should be the end of it but if its not then the CFPB can help by intervening on your behalf with the issuer. The federal government doesnt like when CC issuers dont follow the law. You also have another option and that is to sue the merchant outright but this is something of last resort.


Suing the merchant is not easy because they are quite far away and I'd have to get a lawyer to represent me in their jurisdiction.  I just need to know what protection/rights I have with AMEX and the avenues to escalate should it come to that.

 

Also it's interesting to note that AMEX has outsourced their support to lower cost countries and it takes some effort to make sure the right information is captured and escalated with the US-based counterparts.  It just appeared initially that they are applying the rules administratively.


I got my law degree at Dollar General so take it with a grain of salt, but from my understanding if they are a US based company, you can sue them from your jurisdiction and they have to defend themselves on your terms.   A good attorney would probably add the shipper in that lawsuit as well since they had some responsibility in the matter as well.     


Message 9 of 9
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.