Amex don't want my money?

[Danger Man]

First time poster, apologies if this has been posted before.

 

Basic background info:

 

I have a platinum Amex charge card. I owe £7,300 and should have paid the amount in full last week. I phoned Amex and they told me I have 6 weeks to pay in full or it goes to collections. I told them I wanted to pay the full amount, but it might take several months. They said they weren't interested.

 

Fair enough.

 

HOWEVER, yesterday I got a letter from Amex offering me, as a 'valued customer', the chance to use FlexSelect. A service that basically turns my charge card into a standard credit card, allowing me to make monthly payments. I phoned Head Office with the intention of signing up on the spot.

 

Head Office could barely hide their annoyance that I was sent the offer 'by mistake' and told me that I couldn't have Flexselect for my £7,300 debt.

 

So.....I told Amex that I wish to pay my debts in full, and I told them that they can suspend my card indefinitely, and then they sent me a letter that would guarantee I could pay them over time.

 

But then they tell me they'd sooner flog my debt to a collections agency than let me join their monthly payment scheme.

 

ARE THEY INSANE??!!

 

 

Sorry for using CAPS LOCK but what madness is this?

 

Any thoughts on how I can make them see reason?

 

Many thanks,

 

DM

[steven4064]

Hi DM

 

Welcome to CAG

 

Are they insane? Quite probably.

 

You could go through the s78 request route - that will really anoy them

[Danger Man]

Well, time passes and next week my payment will go from 'late' to 'missed'.

 

I get the feeling that Amex are playing for time and will be sending my account off to collections sometime in mid-April.

 

The dispute is very simple. I have a charge card and would like them to turn it into a credit card so that I can pay off my debt. They insist that I have to pay off my debt before they will turn it into a credit card.

 

I.E. They will let me pay off my debt after I pay off my debt.

 

I've read a fair bit on these very informative forums but everything seems to be about credit cards. Do I have the same tactics to fight Amex in my situation when the card is a charge card?

 

Any advice greatly appreciated.

[banker_rhymes_with]

Hello DM!

 

This may help:

 

http://www.consumeractiongroup.co.uk/forum/formal-solutions-bankruptcy-administration/177233-bankruptcy-petition-help-needed.html#post1915917

 

TraderX has both an Arsemex Credit Card and an Arsemex Charge Card, the tactics for dealing with both are discussed in the above Thread.

 

Cheers,

BRW

[Danger Man]

Hello DM!

 

This may help:

 

http://www.consumeractiongroup.co.uk/forum/formal-solutions-bankruptcy-administration/177233-bankruptcy-petition-help-needed.html#post1915917

 

TraderX has both an Arsemex Credit Card and an Arsemex Charge Card, the tactics for dealing with both are discussed in the above Thread.

 

Cheers,

BRW

 

Many thanks.

 

If Amex had sent the letter offering me the chance to turn my charge card into a credit card two weeks before my debt of £7300 was due instead of two weeks after, then neither side would have a problem.

 

But they didn't and they refuse to consider transferring my current debt onto the new terms.

 

So...it looks like I have common sense and morality on my side, and they have the law on theirs.

 

Hmmm...seems my only chance is to ask them for all the info they have on me and see if they have made a mistake somewhere. Though God knows what that might be!

 

There's a tiny chance I'll have the money to pay them next week. If that happens then I'll pay them off and chuck the card in the bin. This whole affair has already made me never want to do business with them again.

[Danger Man]

I wrote to Amex last week (complaints department) and outlined my 'problem' with the company.

 

Received a form letter today telling me that they will resolve the issue in 28 days. Blah blah blah.

 

The only curious thing was that the letter came from the head office in the USA. Is that the norm or am I special?

[Danger Man]

A reply to my letter of complaint from David Whatley of Credit Relations.

 

To summarize:

 

a) We are sorry we told you about Flexselect.

 

b) You can't have it and we will make sure we don't make that mistake again with anyone else.

 

c) Where's our £7,300?

 

 

As my question was 'Why can't I have Flexselect'? I feel that the reply is not good enough and it appears that I have to write to Dept. 880 at Amex House.

 

I telephoned Amex to ask when my front door will be kicked down and they told me that I am currently on 'Day 44' of arrears and I have until 'Day 90' to pay before the account is closed and collections are called in.

 

So, 46 more days to either get put on to Flexselect or to find the cash.

 

Happy Easter!

[Danger Man]

Time passed.

 

I didn't get offered Flexselect. The 90 days passed without payment and my case was handed to RMA for collection.

 

(I have to say that, as debt collection agencies go, they have been very easy to deal with. 3 phonecalls and 1 email in a month was hardly what I was expecting....)

 

So we now reach the end of this farce......I finally have the £7,300 to pay back the debt but RMA insist I also pay £1,500 as a referral fee.

 

I refuse to pay this and they say they will take me to court.

 

Should I call their bluff?

[steven4064]

Perhaps quote the OFT guidance on debt collection (http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf)

Charging for debt collection

2.9 Charges should not be levied unfairly.

2.10 Examples of unfair practices are as follows:

a. claiming collection costs from a debtor in the absence of express contractual or other legal provision

b. misleading debtors into believing they are legally liable to pay collection charges when this is not the case, for example, when there is no contractual provision

c. not giving an indication in credit agreements of the amount of any charges payable on default

d. applying unreasonable charges, for example, charges not based on actual and necessary costs

e. applying charges which are disproportionate to the main debt.

[Danger Man]

Many thanks for the fast advice.

 

They seem to be backing away now from wanting charges and are happy just to get the money in one payment.

 

As the money isn't in my account until July 31st I've offered them a post-dated cheque on the condition that it's the end of the affair.

 

Hopefully they'll agree to this.

[danboy581]

Had an Amex card too... they have a countdown to 90 days then the account is usually closed and it goes to collections. Mail can come from US or UK - just depends what route they take that week.

 

Dont pay RMA any fees they are just trying it on - it is absolute bull.

 

just remember the banking system don't check for postdated cheques unless its over a certain amount (not sure what that is but I think its 10k or more) so RMA may try to cash your cheque before the 31st July... (thats if they even want to take a postdated) the worst it will do is bounce though i suppose, but may cost you a few quid in fees...

 

Good luck resolving it...

[pedross]

I think you will find it is £5000 pretty sure