American Express

[chris5219]

Hi All,

I don't know if anyone has had a similar problem to me. Some years ago I had an American Express card the payments were up to date but sometimes I was late paying. I had a phone call from American Express saying if I didn't pay it asap it will get passed to a debt collector. I paid but it still got passed to Newman's DCA. I was charged £235.00 for this "privledge" Newman's started to hassle me for payment I queried the £235.00 charge and was told in was in the terms and conditions I told them I had never seen this. I had started to feel ill by this time as we had other debt problems and the with the stress of anything I just put this on the "back burner" for the time being. Newman's phoned me almost every night I offered them £50.00 per month they wanted £70.00 although I couldn't really afford this I paid them £70.00 under duress. During an argument with them I told them I was going to a debt management service this was said in anger i was fed up with the phone calls. They took me at my word and passed the account back to American Express I started paying American Express £70.00 per month. Then out of the blue a letter arrived from AIC DCA. They also charged me £275.00 they started to hassle me at work and home and in letters. By this time I was angry I'd been charged all this money I had never stopped paying anyone but I still got all this hassle. I contacted Payplan who sorted it all out for me and AIC went quiet for a couple of years. In December 2005 I got made redundant from work and then had some sort of breakdown I now have agoraphobia and cant work. Payplan pay token payments to our creditors now because although my husband works we have a huge mortgage. Our creditors accepted this until along came CapQuest they took over Amex account. Although they never charged me I was bullied into paying £50.00 per month which I did until this month when I just couldn't afford it so I cancelled the DD and wrote to Capquest and explained why. I then had a call from one of them at Capquest saying if I don't pay they will take me to court and add all the interest on I said do that then. I then got a letter from H.L. Legal saying they want full payment by 10th August. I decided to write to Capquest enclosing £10.00 asking for an S.A.R - (Subject Access Request). Meanwhile I get another letter from H.L. Legal adding on solicitors and court fees plus £58.72 I dont know what this is, but they told me they would be adding interest on a daily basis until its paid. This was dated 6th August bearing in mind I was supposed to have had until 10th August to pay. Capquest then acknowledged the letter and asked me to pay token payments until they get the information I want. I feel I have not been fairly treated by American Express the card was paid up to date and over £500.00 of charges wasn't right. I've asked Amex several times for statements and terms and conditions but never got an answer. Plus I dont think all my payments have been applied because the amount never seems to go down Capquest have never acknowledged Payplan who have been paying them all along and AIC before them.

Sorry about the long story but American Express are horrible to deal with, none of my other creditors are like this.

Many Thanks

[steven4064]

You probably need to send an S.A.R - (Subject Access Request) to AmEx as well as they will have made unlawful late payment charges which you can claim back, and, while you're at it, ask them for a copy of an exectuted agreement under s78(1) of the Consumer Credit Act 1974 (as amended) (that will cost an extra £1). In your S.A.R - (Subject Access Request), specifically ask for a copy of the deed of assignment for the account when it was passed to Capquest. This should rattle a few cages at least.

[chris5219]

Hi,

 

Thanks for your reply I've written to Amex several times in the past trying to get a copy of these terms and conditions but have never had a reply. I'll do that and maybe a might get a better response.

 

Many thanks,

 

Chrissie

[steven4064]

I am not suggesting you ask for T&Cs (altoug they might be useful) but for a "copy of an executed agreement" - you are entitled to this under s78(1) of the Consumer Credit Act 1974. What it means is a opy of the agreement (not the application from) with your signature on and a signature of someone acting for Amex, properly dated. ifthey can't provide that then they are in big problems under s78(6) of the Act.

[chris5219]

Hi Steven,

 

I'm going to write and ask for exactly what you've said the signed copy. When it got passed to Newman's I asked what this charge was and was just told its in the terms and conditions but if its Newman's terms and conditions maybe I should ask them for this signed agreement too? Although I never signed anything from Newman's.

 

Its good that we can do this now, these banks and credit card company's have had it all their way for much too long.

 

I'll keep you posted.

 

Many thanks

 

Chrissie.

[steven4064]

Newmans won't have their own T&Cs - they had your agreement assigned to them and the T&Cs can only be chenged wit hyour agreement. Youcould write to them for a copy of the executed agreement too - it keeps them all on their toes.

 

You may find that this starts getting passed backwards and forewards between Amex and Newmans - don't let this confuse you but keep at both until Newmans pass it back to amex which they probably will do (especially if neiher can provide a copy of the executed agreement within the 12 days so that the account goes into default. DCAs don't want that sort of hassle - they are into easy money only.

[MadKit]

I have the same thing, I asked them for a signed copy of the credit agreement and all they have sent me is a signed copy (by me) of my application form and that is all! There does not appear to be and I definitely don't have a copy of any agreement be it CC or PPI agreement with Amex at all.

 

They are outside the 12 + 30 days so what exactly can I get back from Amex?

 

[steven4064]

It's not so much what you can get back as the fact that the agreement is unenforcable - they cannot

 

1) seek payment

2) add charges or interest

3) communicate info about it to a 3rd party

4) add any mark to your credit history with a CRA

 

If it is over the 12+30 days then they have committed an offence and you can report tham to the OFT for them to take action under ss167 and 169 of the CCA 1974.

[MadKit]

Thanks Steven, I still want my PPI and penalty charges back though and I am pursuing these at the moment. I read somewhere that you should be able to claim more back i.e. interest charges if the agreement in unenforceable, is this not the case?

 

[steven4064]

You have to be careful not to open yourself to a charge of unjust enrichment - ie you got something on credit that you don't pay for.

[MadKit]

Oh I wouldn't try and do that, I just want back what they took i.e. the interest and charges on the agreement that I don't have that they wanted to insure me for!

 

[lemma1968]

From reading other threads I think you can only claim back the interest charged on the unlawful charges plus interest to date but not interest on the full sum borrowed on the account as a whole...if you see what I mean?

 

I'm sure I shall be corrected if I am wrong.

[steven4064]

lemma, that's right - charges + interest on charges + s69 interest on top when you file in court.

[chris5219]

Hi Steven 4064,

 

Thanks for that, I'll write to Newmans. I'll dig out Newmans address I must have it here somewhere or maybe their address is on the web?

 

Great site isn't it? I've got another thread in the mortgages section I'm going to do the same with our old mortgage company Gmac.

 

Thanks for your help.

 

Chrissie.

[steven4064]

Make sure you know what you are doing with a mortgage claim - read lots before you start. Mortgage agreements are very different from other sorts of credit agreements.

[chris5219]

Hi Steven,

 

Yes I know I've been reading a lot about it on this site. Its our old mortgage company so we don't have the mortgage with them any more so its worth a shot we have nothing to loose. I'll send them the SAR and then see where we go from there.

 

Many thanks,

 

chrissie