Not upheld: Account closure without notice complaint against American Express Services Europe Limited (Amex)

Decision detail

Summary

Mr B complained about Amex's continued retention of a Cifas marker recorded against his name following a disputed chargeback claim. Mr B had provided letters allegedly from retailer A supporting his claim that he did not receive an ordered item, but A confirmed they did not send these letters and that the dates and contents did not match their records. Amex recorded a Cifas marker based on this evidence. Mr B subsequently argued that because retailer A no longer holds records of the matter, Amex cannot substantiate the marker and should remove it. The ombudsman found that Amex has retained the evidence it relied upon when recording the marker and that it is Amex's responsibility, not the originating source's, to maintain this evidence. Therefore, the complaint was not upheld and the marker should remain recorded.

The Ombudsman's reasoning

The ombudsman found that Amex has retained the evidence it relied upon when recording the Cifas marker, including copies of the disputed letters and confirmation from retailer A that they did not send them. The responsibility for retaining evidence to support a Cifas marker lies with Amex as the member who recorded it, not with the originating source (retailer A). Therefore, Amex has met its obligation to retain evidence, and it is fair for the marker to continue to be recorded. The ombudsman rejected Mr B's argument that the marker cannot be retained because the originating source has destroyed its records, as this does not affect Amex's responsibility or ability to maintain the evidence.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website