American Express - interesting one !!!

[42man]

Here is the story...

 

About 3 years ago, Amex took me to court to attempt to make me bankrupt (1 charge card owing about £300 and 2 credit cards about £13,000).....I went to court made a payment of £10,000 and foolishly got a charge on my house plus a payment of £50 per month to pay off the rest) I have sent a CCA request to their solicitors and they have said in roundabout terms that the 2 agreements for my credit cards were cancelled more than 6 years ago and under the circumstances they do not believe that the provisions of the Act apply (they mentioned the debit card provisions which I fully understand). I also sent a CCA request to AMEX back in September and have NEVER heard back....I have a feeling that there must be something between £1,500 and £2,500 plus some interest from 7 years ago (roundabout the time the accounts were closed)worth of charges on these accounts, I realise that if I send a SAR they may not have anything at all left on me (6 year limit on keeping paperwork)....I'd appreciate some learned opinion/experience on this situation....many thanks in advance...

[steven4064]

As the accounts are closed the solicitors are right - the CCA does not apply in that they do not have to comply with a request under s77(1) or 78(1). ss77(3) and 78(3) say

(3) Subsection (1) does not apply to--

(a) an agreement under which no sum is, or will or may become, payable by the debtor

. You only way of getting information is via an SAR. The 6 years limitation does not apply to this - they must send all the information they have. Many companies keep data a lot longer than 6 years - you may be lucky. The limitaion Act 1980 applies to the charge claim in principle

5 Time limit for actions founded on simple contract

 

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

However, s32 almost ceertainly applies

32 Postponement of limitation period in case of fraud, concealment or mistake

 

(1) Subject to subsections (3) and (4A) below, where in the case of any

action for which a period of limitation is prescribed by this Act, either--

(a) the action is based upon the fraud of the defendant; or

(b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or

© the action is for relief from the consequences of a mistake;

 

the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.

You paid the charges mistakenly thinking they were lawful and Amex have (at least recently) like all other financial intsitutions concealed the true nature of the charges. You only discovered this in the last few months.