DianeC's Hubby V Amex - New Tack?

[DianeC]

Hello fellow Warriors (Claimants),

I've been claiming against Amex on behalf of my husband for £270 Late Payment Fees against his Amex credit card (account closed last year). Now everything has gone swimmingly really, they've responded to my letters within allotted time-frames, etc., indeed, reading some of the Amex threads here, they've been acting as per usual -- I fully expected I'd have to go to Money Claim in a week's time to file. But the LBA got my hubby the reply copied below instead, and I'd like to know is it something new?

Text in red had me scratching my head, btw -- they've been really responsive and we received the letter they are talking about. I can only assume they are receiving so many claims that they are getting a little confused... (Bless).

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Dear DianeC's Hubby

I refer to your letters received in this office on 14th September and 4th October concerning the default charges levied to your account. I am sorry that you did not receive our acknowledgement letter sent to you last month, advising you that we would respond to you within twenty eight days.

Whilst I appreciate your comments concerning the recent announcement by the Office of Fair Trading (OFT), American Express maintains that our charges are fair and reasonable and are avoidable by complying with the Terms and Conditions of our agreement with you.

In light of the OFT recommendation American Express has changed the charging policy with respect to default payments. Our charges vary according to product and account type and reflect the differing riskes associated with each. The changes were applicable from 1st July 2006 and our previous default charges will not be amended.

We have informed the OFT that our default chages will be £8.00 on credit cards. This reflects the costs involved in administering accounts in default, and is calculated in accordance with the guidance issued by the OFT on how to calculate default charges.

However, with reference to your request, and as a gesture of goodwill, we are prepared to refund to you the sum of £174.00. This represents the difference in the default fees between the pre-existing and new rate above, as applied to your account from December 2003 to April 2005. Please find enclosed a cheque made payable to you for £174.00.

Yours Sincerely,

Terry Jones
Executive Office Manager

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So, Hubby's nearly a hundred pounds down, and I don't know what to do now. I feel my husband should receive the full amount as a "gesture of goodwill", not a figure they feel is fair. Were they being fair when they levied these charges?

Could do with a little advice please.

Regards,

Diane.

[Enron]

The intial amounts charged if above £12 we unlawful, as such the full amount is claimable.

[DianeC]

Thank you Steven, I'm already composing the next letter...



Will keep you all posted.

I'm also beginning a weird claim against our mortgage company -- a pre-redemption challenge. We are selling our house, and are faced with strange and devious penalties for redeeming early. I'll grab some time later to start a thread explaining more.

Many thanks,

Diane.

[Karnevil]

Originally Posted by stevenelmes

The intial amounts charged if above £12 we unlawful, as such the full amount is claimable.

Thats not quite the case - if Amex prove their costs to be £8 per default then they are completely right to refund you the difference between the £8 and the £25 or whatever it was. People are being refunded the full amounts because the banks will not go into court to PROVE their default charges are proportinate to the costs. So keep going for the full amount until they stand up in court and PROVE it costs £8.

[DianeC]

Originally Posted by karnevil

Thats not quite the case - if Amex prove their costs to be £8 per default then they are completely right to refund you the difference between the £8 and the £25 or whatever it was. People are being refunded the full amounts because the banks will not go into court to PROVE their default charges are proportinate to the costs. So keep going for the full amount until they stand up in court and PROVE it costs £8.

Thanks, karnevil,

On this basis, I continue.

Here's the latest letter (a mish-mash of template stuff [thank you] and me). Something tells me we'll be claiming.

************************* ************************* *****

10th October 2006



Dear Terry Jones,




ACCOUNT NUMBER: xxxxxxxxxxxx

I acknowledge receipt of a cheque for £174.00 and accept this payment as a partial settlement with regard to the full amount you owe me of £270.

I repeat my request in that I require repayment in full of this money. If you do not comply fully within four days from the date of this letter, which is fourteen days dated from my previous Letter Before Action, I will indeed begin action to claim for the remaining £96.00 plus interest plus my costs and without further notice.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act.



Yours Sincerely,



DianeC's Hubby

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It would be soooooooo nice to have been the first that did not have to claim against Amex through the court. Sigh. Never mind.

Thanks for your help!

DianeC

[DianeC]

Started a claim with MoneyClaim today.

Wish hubby and me luck!

DianeC