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Need some advice ref Amex debt

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Hi,

I've had a Amex blue credit card for a few years now.

 

About 3 years ago they wrote to me telling me they were stopping my card

and were putting me on 'fixed monthly payments' until the balance was paid off.

 

The card was never overlimit and not in arrears, at least not for more than a day or two.

 

The payments were set at the 2.5% of the outstanding balance at the time, which made it £80 per month.

I didn'y pay much attention to it, my attitude was that if they didn'y want my custom that was fine.

 

I carried on paying this amount,

although I didn't notice but the payment amounts didn't come down with the balance.

 

About 6 months ago due to the downturn I found it increasingly difficult to meet the monthly payments,

I contacted Amex and explained that I could not afford the £80, but offered £40 per month.

This I pointed out was still well above the 2.5% minimum payment, which would have been about £25.

They did not want to know.

 

I carried on paying what I could, not always the full £80 but always more than £25.

 

A few more phone calls went backwards and forwards,

I also sent them several letters but I did not recieve one written reply.

 

I then raised a complaint with the Financial Ombudsman.

Again I recieved no reply so I have now escalated this complaint.

 

Three days ago I logged onto their account to make a payment,

to find a message that they had cancelled my account and I was unable to make a payment.

 

Today I got a phone call from a debt collection agency called RMA,

this got a bit heated as they didn't seem to understand plain English, or simple mathematics,

 

first telling me that I need to pay off the whole balance

and then saying they want it over 2 months.

 

I told them that there is no way I can do that

 

they have demanded I send them details of all my income and outgoings,

and copies of bank statements, so they can decide what I can afford to pay!

 

It also turns out from this phone call that Amex were (conveniently) still using my old address.

THis is rubbish as I phoned them when I moved house (18 months ago) to inform them,

and every letter I've sent has been from my new address.

 

They also tried to tell me that when Amex initially stopped my card

they changed the t+c's on the account and could therefore demand what they wanted.

I was not informed of this in writing and certainly didn't sign any agreement pertaining to this.

 

The current balance is a little over £500.

 

I have been advised to keep sending Amex payments as they cannot reject them,

and all the while I pay above the minimum payment there is nothing they can do,

but this phone call has really annoyed me.

 

Can anone advise me how I should proceed?

 

Thanks very much

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Hi sorry this didnt get answered sooner...

 

RMA usually chase accounts for Amex, Amex dont tend to sell their accounts on so anything you agree with RMA would have to be rubber stamped by Amex anyway....

 

CC firms have been required this year to up the minimum repayments so that at least 1% of the balance is paid off each month, this is a new EEC law I'm afraid and has hit most cards now. Amex tend to cancel your account and stop you making payments online, I pay by cheque as they still send me statements, if they are sending you statements then I'd repay by cheque if you can.

 

As to the income and expenditure docs that RMA want you to send, you could send your own version of an I&E, the nationaldebthelpline website contains a good one to use.

 

Have a read of the blogs in my signature for help repaying debts and strategies with dealing with some of the more unhelpful companies out there. Oh and Keep making the payments that you can.

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Oh and stop talking to them on the phone unless you can record the conversation.. all dealings should be in writing to protect both parties but most importantly YOU!


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Thanks for that.

Have blocked their phone number so any calls won't even connect,

and I never answer withheld numbers anyway.

 

In your opinion if the worst came to the worst and this ended up in court,

would they have a leg to stand on,

given that I have made what seems a perfectly reasonable offer to repay

which they point blank rejected,

and assuming I carry on making regular payments in the meantime?

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Thanks for that.

Have blocked their phone number so any calls won't even connect, and I never answer withheld numbers anyway.

In your opinion if the worst came to the worst and this ended up in court, would they have a leg to stand on, given that I have made what seems a perfectly reasonable offer to repay which they point blank rejected, and assuming I carry on making regular payments in the meantime?

 

Well just as in life there are good judges and bad judges but I fail to see how it could harm your case the fact that you ARE repaying what you can afford rather than what they demand. They are more likely to take you to court if the debt is large and you own property that they can secure a charge against.

 

I would like to think that a judge would frown upon any lender that didnt in the current economic climate help the debtor as much as possible...indeed the new MoJ proposals that were published this week would seem to want to force anyone going to court to go to mediation first which would indicate they want people to sort things out long before you reach the court room.

 

Have you requested in writing that they freeze the interest on this debt?

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Have you requested in writing that they freeze the interest on this debt?

 

S.

 

No. I've requested nothing that would change the original terms and conditions that I signed up to. However it seems Amex want to bully people into doing what they want.

Is it worth a complaint to the Ofiice of Fair Trading as well as the Ombudsman?

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No. I've requested nothing that would change the original terms and conditions that I signed up to. However it seems Amex want to bully people into doing what they want.

Is it worth a complaint to the Ofiice of Fair Trading as well as the Ombudsman?

 

Certainly if you feel they are unduly pressurising you or being unfair in dealings with you a complaint to the OFT could be lodged... however OFT will not take up individual complaints. One to FOS will take a while but they'll investigate how Amex are treating you and try to come to a mutually agreement between both parities if they can.

 

If they are not responsive to your letters then you could complain to their local trading standards office.

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Latest update,

just recieved a phone call from RMA,

I said am not willing to discuss anything over the phone

so I request anything in writing.

 

The lady virtually shouted at me' we are a telephone debt collection agency

and I don't have time to faff around with people using delaying tactics'

and then she slammed the phone down!

 

I've been reading quite a few of the other threads regarding CCAs and copies of terms,

is it worth now going after Amex to see if they can come up with these

or do I wait to see who they now pass the debt onto?

 

In the meantime I have sent a cheque to Amex which they have banked.

Thanks

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Todays update.

 

Recieved an email from someone else at RMA asking me to telephone them urgently about a personal matter.

 

I politley emailed back that I want anything by letter and confirmed my address.

 

It also seems that Amex may well have been using my old address for the last 18 months,

despite me phoning them to inform them when we moved,

and so its possible all letters from them including a reply to my FOS complaint has gone there.

 

Is it worth writing to Amex direct now to inform them of the address

and request copied of everything they may have sent to my old address?

Or just wait for the next collection agency to get in contact?

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You should always inform a change of address by letter imo, a phone call is easy to deny, letters received in the post are not so easy to deny esp. if sent recorded.

 

RMA... I've only dealt with them once.. I just ignored everything they did, they had a mobile number of mine and I was happy for them to keep ringing it, I just didnt bother talking after answering the phone ;-)

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Well just fired off a letter to Amex with change of address

and a request for copies of anything sent to my old address.

 

Also asked them to tell RMA to stop phoning me and do everything by letter.

Don't know if it will do any good but at least i have something dated in writing.

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Let us know if they respond

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Got a letter back from them last week.

 

It enclosed a couple of letters warning me about late payments but no default notice,

and nothing formally telling me they were closing my account.

 

Interestingly there was no copy of the response to my original FOS complaint.

 

They indicated they have advised RMA only to deal with me in writing as reqested.

 

Have heard nothing from them since though.

 

Sent Amex a cheque for £30 last week, just waiting to see if they cash it.

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Got a letter back from them last week. It enclosed a couple of letters warning me about late payments but no default notice, and nothing formally telling me they were closing my account. Interestingly there was no copy of the response to my original FOS complaint. They indicated they have advised RMA only to deal with me in writing as reqested. Have heard nothing from them since though.

Sent Amex a cheque for £30 last week, just waiting to see if they cash it.

 

Hmm curious they seem to be playing ball at present :-)

 

As you say time will tell, I cant see them NOT cashing the cheque tho tbh.

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Just thought I would update this.

 

Have been paying AMEX direct with a monthly cheque by post.

This is always cashed and a staement sent out with interest added.

 

The statement does say the account has been cancelled

and to 'refer to the collection agency dealing with your account' but that is all.

 

I got a postcard from RMA a couple of weeks ago telling me they would be contacting me on a certain date,

but nothing happened.

 

I guess AMEX have realise they have screwed up and don't have a leg to stand on, hopefully.

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Well not really sure what to make of this.

 

Got a letter back from the FOS, totally useless,

saying there was nothing they could do as it was up to individual companies

to draw up their own terms and conditions, no matter how unfair they are.

 

AMEX did, however, admit that they handled my address change very poorly

and offered a £100 goodwill offer, which I reluctantly accpeted.

 

Today however,

I recieve a letter direct form AMEX,

telling me that following an internal review they have failed to notify me correctly of various fees

applied to my account over the last few months

and are going to refund them! £434!

 

The letter goes on to say that if this amount is more than my balance (which it is)

then I will get a cheque for the remainder.

 

I haven't once tried to claim back any charges, so to say I am gobsmacked is an understatement!

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haha well that is a turn up... I wonder if just the fact FOS must have asked questions of Amex caused them to re-look at your account?

 

Anyway... enough to clear the balance is always welcome :)

 

Congrats

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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:O


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Sounds like you got the same letter I did. I've just started a thread about it but I must have missed your latest update. In my case it was over £3k they're going to refund! Anyone know any internal reviewers at Amex? I owe them a pint.

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So it gets murkier.

 

Still waiting for my refund from Amex, and

 

today I receive a letter from Newmans,

who it seems they have now passed my debt onto.

 

I have emailed Newmans a copy of the letter from Amex.

 

Can they do this, considering they, by their own admission, owe me more than I owe them?

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Just a quick update.

 

Never heard another dickie bird from Newmans,

 

and the refund from Amex turned up,

 

albeit a week after they said it would.

 

Thanks for all the advice offered on this thread.

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Sorry to drag this up again over 2 years later but

 

I have just had a look at my credit file and this account is showing as a default.

 

Given that I carried on paying them every month,

and that they admitted they made a mistake

and paid me back a lump sum

 

is there any way I can get this entry removed as its messing up my otherwise good credit profile?

 

Thanks

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where does the defaulted date sit with the refunded charges dates etc

 

IF they issued a default notice that contained ANY of the sums THEY have admitted were wrongly charged

 

then the DN is invalid by their own admission and thus should be removed.

 

dx


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I can't really comment on dates as I have moved house since this all happened and as the matter was efectively closed, or so I thought, I threww all the paperwork away when we had a moving clear out. What I can tell is they have smashed my credit file by showing me as paying lots of payments in red as over three months late, when in fact I kept paying them every month, just not the amount they were demanding as I thought it was breaking their own t's + c's.

How should I proceed with a view to getting these entries removed?

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The markers are it seems correct if you do not make the required payment in full when due then the CRA files must reflect the accurate picture of the conduct of the account.

 

 

Making reduced payments even if agreed with the creditor amounts to a breach of the agreement and will be reported in this way.

 

 

Personally I cannot see a reason for them to be removed at this point.


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