Not upheld: Goods and services under S75 complaint against American Express Services Europe Limited (trading as American Express/AMEX)

Decision detail

Summary

Mr C purchased a kitchen with an oven using his AMEX credit card in January 2025 and later complained that the oven door temperature was too hot, contrary to the 'cool door' description and verbal assurances of safety. He requested a refund in November 2025. AMEX declined his Section 75 claim, finding no evidence of misrepresentation or breach of contract, noting that an inspection confirmed the temperature was within acceptable safety limits. The ombudsman upheld AMEX's decision, finding that Mr C had not provided sufficient evidence of false statements or that the oven failed to match its description, and that the independent inspection report supported AMEX's position. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015 to assess whether there was a breach of contract or misrepresentation. While the oven was described as having a 'cool door', the ombudsman found that no specific temperature was stated in the description, and the inspection confirmed the temperature was within acceptable safety limits and typical for this type of appliance. Mr C failed to provide sufficient evidence of false statements or that verbal assurances were made and induced the purchase. The ombudsman found AMEX's reliance on the independent inspection report reasonable and concluded AMEX did not treat Mr C unfairly in declining the Section 75 claim or in not attempting a chargeback.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website