Corporate Amex Debt/Stat Demand

[stevie1981]

Hi,

Can anyone give me an address at Amex that I can get hold of the corporate T&Cs?

Basically, here’s the story:

Whilst I was in my previous role for a large company, I had a Corporate Amex card. Due to various personal issues (mainly gambling and alcohol related) I ran up a debt of £19500.

I have seen been fired and the company I worked for passed the debt on to me. I received various phone calls from Amex and Brachers regarding the account but as usual buried my head in the sand. I’ve now received a Statutory Demand and am in the process of s*****ng myself.

I have rang up Brachers and made an offer to pay which is being reviewed by Amex but what I’m now concerned about is that if it’s rejected they’ll continue with the bankruptcy route.

I have my own house which is around £15000 in negative equity (mortgage plus secured loan) and is the house I co-own with my wife, and we also have a 9 year old son. Will I lose it?

Also, is it legal for a Company to place a corporate card debt on to an individual? Not reading/remembering the agreement I signed at the company, I don’t know if it said or not they could do it. It is the type of card where I put in expenses then paid off myself.

I’m absolutely petrified about what’s going to happen and don’t want to lose my house, wife and son (which I will if it goes that far!!).

I’ve offered to pay £300pm until April then £400pm until the balance is paid, hoping and praying that they accept the offer. This keeps it to repay in total to 59 months, plus I’ve offered to pay my annual bonus of £1200 - £2300 gross directly off too.

Can anyone please give me some advice on where I stand? Do you think I should speak to Amex directly about my offer?

Many thanks, Steve

[marshy1977]

I am sure the big guns will be here soon to give advice. Speaking from experience of dealing with SDs first of all you need to consider applying for a set aside. If I were you I would not agree to any payment arrangement unless you can afford it and without putting a strain on your finances. Now that SD has been served the only way this can be stopped is by you applying for a set aside or the creditor withdrawing it (unlikely). They got you into a panic and thats exactly what they want. The application for a set aside should be done within 18 days from when you were served the SD, the application is sent to the county court stated in the SD. You need to have a copy of the agreement sent to you, chances are there is gaping holes in the agreement. You need to draft a letter to AMEX and ask for the copy of the executed credit card agreement including the terms and conditions in force at the time when the account was opened (this is essential and must be done immediately). There is a statutory £1 fee payable to AMEX for the above information. You can use this template:

 

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

 

Try to panic, but not having this set aside could be disastrous. I have just had two SDs set aside so it is possible and my cases were 50/50.

Edited August 8, 2013 by marshy1977