I have just heard that Amex are not going to refund costs on my corporate card - now closed. They are claiming that this is exempt from the regulations and is a business contract, howver this is not a charge card, I am fully responsible for the payments, my credit history is affected and it can be used for private or business use. I am happy to take them on but would like a bit of advice if anyone else has been down this route.

Tx

I have just heard that Amex are not going to refund costs on my corporate card - now closed. They are claiming that this is exempt from the regulations and is a business contract, howver this is not a charge card, I am fully responsible for the payments, my credit history is affected and it can be used for private or business use. I am happy to take them on but would like a bit of advice if anyone else has been down this route.

Tx

A contract is a contract is a contract! If they have applied penalties then those penalties are unlawful - Amex are not above the law.

When you said you have heard from Amex, how did you approach them initially? If you sent them a preliminary letter requesting charges back then move on to the next stage - send an LBA giving them 14 days to respond or you will make a claim throug the county court. then stick to your timescales.

Keep us informed, we'll be here to help

Steven

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Thanks for the reply - I went about Amex in the same way as Barclays and First Direct (Both Paid out) Amex sent the statements quickly, ignored my first letter and have just replied to my 14 days letter. It is in this letter they claim that the regulations do not apply as this is a business card and not a personal card. They gave me a link to www.oft.gov.uk/Legal/UTCC to explain the legislation but this link does not get recognised when I try it. I am tempted to file the claim in the small claims court to see the reaction

Glen

Just one thing. Whose name is the card in - yours, a company name? If the latter, is it your company?

The only difference would be if the card is in a company name of which you are an employee. The charges are still unlawful but it would make a difference who should make the claim.

They are trying to pull the wool over your eyes.

In one way they are right (but only one way). The Unfair Terms in Consumer Contracts Regulations 1999 define a consumer:

"consumer" means any natural person who, in contracts covered by these Regulations, is acting for purposes which are outside his trade, business or profession;

Which does seem to imply that a business credit card is not covered by these regulations.

However, the main basis of your claim is that these charges constitute a penalty imposed because you breached your contract with them (late payments, etc). THAT is covered by the common law on penalties and liquidated damages in contracts and the relevant case law is a case between two COMPANIES (Dunlop Pneumatic Tyre Co v New Garage & Motor Co 1915). They cannot claim that does not apply to business accounts.

Go for it

Steven

Any further update on this one guys??

Very interested party where Corp Cards are concerned.

Querky