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americandistress

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  1. I am interested to know who has been rejected by M and S for a PPI credit card claim on the basis it was non advised when they were "strongly recommended'" the policy on the actual application form? Has this happened to you? The Ombusdman clearly argues that this is an advised sale (where advice OR a recommendation has been given). So I wonder what experience people have had? eg - did you challenge and win? - did you go to the Ombudsman - what did they say? I would like to gather as much info to raise it formally with the Ombudsman.
  2. FOR BANKER RHYMES WITH What is it about a cash facility that would it credit card like eg int charged or fee? And what part of the cca does this relate to - and if a charge card with a ash facility got suspended without notice, pending further info, what difference would CCA make?
  3. Is the issue that they charged you again? Then I would look at banking Code which they are fully committed to (see their site) And as below - if this is the case then there are several would apply for u As you should know, the Banking Code states that: When interpreting 'fairly' subscribers should have regard to The Unfair Terms in Consumer Contracts Regulations 1999, the Consumer Protections from Unfair Trading Regulations 2007 and to the Data Protection Principles set out in Part 1 Schedule 1 to the Data Protection Act 1998. The ts and cs should be fair in substance to reflect the requirements. I see that Amex have already been in breach of this before and censured by the OFT: http://www.oft.gov.uk/advice_and_resources/resource_base/consumer-regulations/traders/2195/1/ Under the Unfair Terms in Consumer Contracts Regulations a department of the Office of Fair Trading (OFT) known as the Unfair Contract Terms Unit deals with unfair terms in consumer contracts. Members of the public can notify the OFT if they consider a contract term to be unfair. The OFT can try and negotiate changes to the contract if it is unfair. Or take out a court injunction to stop the contract term being used in the future. Examples of the types of contract terms the OFT will consider to be unfair include: 2. No liability by the company / business for breaches of contract. 4. Restricting the level and type of liability. 6. Binding you to the contract when the company / business is at fault. 8. Restricting your rights and remedies. 11. Contracts which allow the company / business not to perform obligations at all 12. Binding you to the contract while allowing the company / business to offer no service at all. 15. Unequal cancellation rights. 16. Making termination subject to unreasonable conditions 17. Allowing termination of the contract without notice. 18. Binding you to hidden terms or variation clauses 19. Allowing changes in what is supplied, or price variation without notification to you. 20. Allowing the company / business to impose undue financial burdens.
  4. Under 7.7 of the the Banking Code guidelines for subscribers, they can't close, or threaten to close your ac if you have a valid complaint. I have, and they did! And I do not believe you have to supply them with any info they request eg bank statements etc. B Code says same and no mention of it in Amex ts and cs. In fact they soecify that they require your aproval in section 14. Complain and don't supply and see where it takes u. I could have writen better ts and cs than them. They are fully committed to the Banking Code which is just as robust as the CCA so read these rules comprehensively. Be great to hear their response - is it because the cash facility charges interest? I would be pleased to undertsand your rationale so I can investigate.
  5. If you have an Amex charge card, you may be interested to note this. I have 2 charge cards with Amex (Centurion and Harrods) and I have been recently the subject of a 'standard review' and they wanted certain info. I have had the Centurion card for 9 years - fab payment history etc. Harrods one issued in May when it first came out. Never provided anything before. They suspended the Centurion card whilst they reviewed. But not the Harrods one. I supplied the info requested eg, p60, pay slips, account info from where cards are paid. I contacted them for an update and they then requested even more info (my central bank statements), and I said I would complain as all contrived, no justification etc. I did this straight away and they suspended the Harrods card! No notice given. The reason: I have not provided the bank statements they have requested. But there is nothing in the tsc and cs that require me to do so. Therefore a suspension due to my non-compliance with their request to provide info I am not obliged to, is not a valid reason for stopping the card(s) with no notice (which should be only done eg because of fraud). Actually the banking code refers t 'normal circumstances' and not 'valid reasons' as Amex do. In fact they can only seek info from banks or referees with MY approval AND whilst I owe them money which as its a charge card, I did not (their term in section 14). They suspended the Harrods card when I complained in contravention on 7.7 of the Banking Code (you can't close or threaten to close an account whe there is an ongoing complaint). They have even kindly put all of this to me in an email. They are also in breach of the Unfair Contracts Act for not giving me notice and charging me for a service I can't use. They have also undertaken 105 credit searches (yes 105!) on the supp card holder in past 6 mths and only 10 on main ac. I believe the supp holder only gets searches when the main card holder applies for credit which they have not. Has anyone else been subject to similar requests from Amex? I believe they have done this as charge cards not subject to CCA (I have 2 Amex credit cards not touched by them). I would be very wary of supplying them anything you are not required to. Quote their own ts and cs back to them and file a complaint to them. I gave them the opportunity to put right before I went to this forum as genuinely thought it was a one off but they told me to complain formally and from what I gather, credit lines are being slashed alot by Amex (using any excuse). Until my cards are reinstated and I get the service for which I have paid, I will contine to protest and encourage others to do the same.
  6. I have an Amex centurion card - it has a cash facility. The agreement in no way suggests that it is regulated by the CCA. But is it?
  7. I have issues with Amex - which I will share with you. I shal start to type in a mo. It would be useful to know whther as a charge card, with a cash facility, its is reguated under the CCA. Any ideas at to how I can confirm?
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