can u claim charges from a company/corporate card

[einyuk]

came across this post...........which i would be interested to know the answer to.

 

can some one help me with this one

I have a company / corporate American express[ charge card ] not credit card for work use only with my company name and mine on it

I am responsible to pay it off each month,,yer right

but over the last five years things have been very tight and I have use the card for normal every day use like buying food / petrol / and even getting cash out on .

I have all ways been late with paying the amount off each month and some times even missing some months.

as a result I get a late payment fee and a interest fee added on each month normal about £21.95 and 20.95 each month

as I stated this has been going on for some time ,

well last year I really was in a mess with the old council tax and had to pay a whole year tax over two months then their was Christmas to deal with

as a result I missed three months payments.

and had a balance of about £1250 to pay off witch I could not pay

so

AMEX canceled the card

as you can guess things hit the fan big time and I came to an arrangement to pay off the card over the next 4 to 5 months which I have dun

well almost

but each month I get hit for interest and late payment fees of about £40 to £48 pounds

 

what I would like to know has any one ever clamed back from amex late payment fees or interest on a company corporate card ?

 

and if I did what position would I be in with my company as their name is on it as well as mine but it is my responsibility to pay it each month

 

any help with this one would be good

thank you

[PhantomReclaimer]

The charges are just as unlawful regardless of whether the account holder is a company or an individual. A breach of contract is a breach of contract and a penalty imposed for such a breach is unlawful regardless of what legal entity caused said breach.

 

You would need to look at who was legally liable for paying it off I would have thought. If you are jointly and severally liable along with your employer, which means that either or both of you are liable, then I guess you could make a claim yourself. If it is only your employer (the company) who is liable, and they were just giving you the use of the card, then they would have to make the claim as you would have no entitlement to the refund. Although, I suppose you would have a claim against your employer.

 

Not entirely sure on that answer though so don't take it as gospel but I'm sure it's along the right lines.

 

P.

[calverton boy]

I've had a successful claim for charges on a corporate card. The defence tried to claim that the Unfair Terms in Consumer Contract Regulations (UTCCR) didn't apply and made threats to inform my employer, and actually got to within 4-5 days of a hearing date before giving in. So the answer is yes, you can claim, but its probably worth taking the references to UTCCR out in your PoC or use the wording from the business claims section.

[PhantomReclaimer]

I've had a successful claim for charges on a corporate card. The defence tried to claim that the Unfair Terms in Consumer Contract Regulations (UTCCR) didn't apply and made threats to inform my employer, and actually got to within 4-5 days of a hearing date before giving in. So the answer is yes, you can claim, but its probably worth taking the references to UTCCR out in your PoC or use the wording from the business claims section.

 

Ok, late so quick post as I'm knackered.

 

Basically, a business can still deal as a consumer. If the business is purchasing an item or service that isn't directly related to it's business activities it can still be considered to be dealing as a consumer.

 

The case that comes to mind is the case of a shipping/exporting company which bought a couple of cars for it's directors. The company was held to be dealing as a consumer in the purchase of the cars as the purchase was incidental to it's main business activities which was export. The business was the "end user", I suppose you could say, of the cars and wasn't buying them for business purposes, as such. Had it been buying, say, packaging materials then it may not have been held to be a consumer but a business user, if you see what I mean.

 

P.