Need some Assistance please with American Express.

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pgamb871
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Need some Assistance please with American Express.

Postby pgamb871 » Sat May 02, 2015 11:38 am

Good afternoon everyone. I have been an American Express cardholder for 20 years. in that time I have disputed not one thing. I needed a new bed so I purchased one from the ONLINEAMISHfurniture.com. Oct/5/2014 I placed the order It cost me $3300. I was told it would take 10-14 weeks to deliver which was fine. So make a long story short the bed arrived on December 18, 2014. To my astonishment the deliverer says to please come downstairs as we need to show you the headboard. it was damaged beyond repair. It had a huge gash in the headboard. And as per the ONLINEAMISHFURNITURE.COM website it says any major damage the bed should be sent back and a new one would be sent asap. the onlineamishfurniture.com were not very helpful at all. they demanded that I keep the bed and threatened me that if I returned the bed I would be charged a restocking fee 25% and a return shipping fee. which was $250.

The wrangling went back and forth and I promptly told them to take it back. I was again warned and I advised not to.I told them I have a small apartment and live in nyc there is no place for me to store it. I then asked there shipping company to send it back. when I told them I was going to contact American express they said don't bother because we will let them know you cancelled the order. I contacted American express and they advised me to send it back. I disputed the charge and was charged a 25% restocking fee and a $250 return shipping fee. This has been going on for 6 months with amex sided with the merchant. I find it very disturbing that amex would side with the merchant especially when I did what I was told by them. What is my next course of action in resolving this matter? My credit rating is 840 and don't want to get a negative report.

Thanks for your time and consideration

Phil


ingramjuan
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Re: Need some Assistance please with American Express.

Postby ingramjuan » Sun May 03, 2015 8:00 am

As an AMEX member for a couple of years, I find this hard to believe. My suggestion would be to reach back out to AMEX, and speak to a supervisor, which I figured you did several times. Other than that, I would assume the next course of action would be to take the merchant to court.
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MemberSince99
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Re: Need some Assistance please with American Express.

Postby MemberSince99 » Sun May 03, 2015 9:17 am

I would appeal to Amex as well. Show Amex where it says on the site to send any damage back. Point out that the merchant is not honoring that.

Should be pretty cut and dried if this is accurate. Amex has the reputation of taking the consumer's side in disputes. I've only ever filed one dispute using Amex, and I had to fight but eventually won.

popamode72
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Re: Need some Assistance please with American Express.

Postby popamode72 » Sun May 03, 2015 9:21 am

If all else fails, file a CFPB report and tell them what happened. Good luck.
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thom02099
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Re: Need some Assistance please with American Express.

Postby thom02099 » Sun May 03, 2015 9:30 am

In addition to the above replies and advice, time could be a factor here, and it's not on your side.

Presumably, you have documentation of everything that has transpired. Hopefully, you got the name of the person that originally delivered the item (the one who pointed out the damage) and could get a statement from him that it was damaged prior to delivery to you. Presumably, you also have pictures of the damaged product.

Because of the time element, it would be in your best interest to consult an attorney as soon as possible. Initial consultations with most attorneys are free, and a good attorney would be able to advise you if you have a recourse to sue, and whom and in what court. The bottom line is you did not get the product you ordered in a usable condition and you have a right to a refund.

You could also try escalating this to a higher level within AMEX, perhaps going to the Executive level.

You could also try using social media pressure, particularly if you have pictures of the damaged product. Posting something on Facebook, Twitter, websites such as pissedconsumer.com and complaintlist.com (Google bad product complaints -- there are other sites) and any/all combinations of the above. Give the original company as much negative publicity as you can, in addition to working at a higher level with AMEX.

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takeshi
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Re: Need some Assistance please with American Express.

Postby takeshi » Mon May 04, 2015 8:55 am

pgamb871 wrote:My credit rating is 840 and don't want to get a negative report.

It wouldn't be (directly) affected by a dispute. The only impact would be to your utilization if you didn't pay the amount on your card account.

amex007
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Re: Need some Assistance please with American Express.

Postby amex007 » Mon May 04, 2015 12:18 pm

10-14 wks to deliver. wow
This should be a pretty cut and dry case imo. Received a product in damaged condition and want to return it. All places have some sort of return policy unless you bought it wholesale or something like that. not really sure how amex can be siding with the merchant on this if you have enough documentation such as picture, record from delivery company plus the fact that you refused to sign for it (due to damage).
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pgamb871
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Re: Need some Assistance please with American Express.

Postby pgamb871 » Tue May 05, 2015 8:27 pm

so In the meantime I need to continue to pay the balance correct? onlineamishfurniture.com is the website if anyone would like to make some sense of the return policy. my headboard came with major damage. not minor therefor warranted a return. the merchant was adamant about returning it and warned me they would say I cancelled it and therefor charged a $250 return shipping fee and 25% restocking fee. I laughed at the time but they must have some connection with amex because every single time I open the dispute the merchant tells them I cancelled and they side with them. being they are in Ohio would make no sense to sue. what about the third party shipping company? could they be on the hook? or packship which received the bed from the onlineamishfurniture before it came to NY.

JamesMS
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Re: Need some Assistance please with American Express.

Postby JamesMS » Tue May 05, 2015 9:28 pm

Just because they are in Ohio does not mean it does not make sense to sue, if it comes down to it. If that were the case, you would just have to file a claim in small claims court.
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thom02099
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Re: Need some Assistance please with American Express.

Postby thom02099 » Wed May 06, 2015 9:51 am

pgamb871 wrote:so In the meantime I need to continue to pay the balance correct? onlineamishfurniture.com is the website if anyone would like to make some sense of the return policy. my headboard came with major damage. not minor therefor warranted a return. the merchant was adamant about returning it and warned me they would say I cancelled it and therefor charged a $250 return shipping fee and 25% restocking fee. I laughed at the time but they must have some connection with amex because every single time I open the dispute the merchant tells them I cancelled and they side with them. being they are in Ohio would make no sense to sue. what about the third party shipping company? could they be on the hook? or packship which received the bed from the onlineamishfurniture before it came to NY.



All the more reason to consult an attorney, rather than seeking legal advice on a credit card forum. Your situation is beyond the scope of most credit card issues.
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