AMEX Charge Card - is agreement enforecable?

[Betamaxfan]

I have a problem looming with amex - i owe almost 30,000 on an amex platimun charge card. I got to that point very quickly as i act as a supplier of it equipment for small firms and was burned by a company disappearing after taking delivey of several grands worth of stock which i ordered on my amex charge card. The people did a midnight flit and i have no leads to chase/follow them.

I have not made payments for a few months and not been in contact - (typical head in the sand).

I also moved around a lot and hoped the debt would get sold on to a DCA and i could negoiate a smaller settlement at a later date.

However a process server has been to my current house and left a note to say he had been and to contact Marston Group Ltd (formally Drakes i believe) as they have a document to serve on my which i think with be a stat demand. no future appointment was noted on the letter (i understand this is important and should be present).

if it is a Stat demand i'm hoping to get it put aside (thanks to looking at some of the excellent info on here) i think i might have grounds as i have not recived any default notices or account termination letters at my current address.

After that can anyone advise if it possible to claim the agreement is unenforeable (if the application is not filled out correctly) i'm unsure if a charge card is covered under the consumer credit act as no interest is payable.

Or maybe someone can point me to another thread (i tried searching but only really got amex credit cards) which has a similair setup.

Thanks

BMF

[steven4064]

Hi BFM

 

Welcome to CAG

 

You will need to post a copy of your agreement here before anyone can say anything about its enforceability (you have to make 5 posts before you can attach a document though - part of our anti-spamming measures)

[Betamaxfan]

Thanks for the welcome and the heads up.

 

I don't have a copy of the agreement as i'm still hoping the stat demand won't appear.

 

I was hoping if somebody knew if a charge card came under the same banner as credit cards when it came to enforcability.

 

Charge cards have no apr just a condition that you repay your balance in full each month.

 

I have seen a few threads where people have issues with amex and charge cards but can't find any where the issue of agreement wording is discussed.

 

Thanks

 

BMF

[steven4064]

I don't think charge cards are covered by the CCA 1974

[banker_rhymes_with]

Hello Steven/Betamaxfan!

 

I don't think charge cards are covered by the CCA 1974

 

I think many are not Regulated, although some are partly-Regulated, and a handful are fully Regulated if they Offered, say, a Cash Advance facility.

 

The Agreement is therefore quite important to see, as it should state if, and by how far, the Agreement is Regulated by the Act.

 

I'm no expert on many things, Charge Cards included!

 

But I have a multi-page one where the Terms are quite interesting, in that the main Agreement is only partly-Regulated, but ahead of the Signature Box is a little paragraph that tells me that if the Agreement was Signed off the bank in question's premises, and a bank employee specifically discussed that a Cash Advance option was available, then they needed to send me a different Agreement fully Regulated by the Act.

 

In my case, it was, he did and they didn't respectively. So I have a Charge Card where they presented me with the incorrect Agreement and I Signed the wrong Agreement.

 

The bank in question are now unwilling (and unable) to send me a Copy of the correct Agreement. I have written evidence to confirm the negotiations were indeed carried on off their premises, and by one of their employees, and a Witness to confirm the Cash Advance Facility was specifically discussed.

 

No idea what the end result will be, but if Betamaxfan was/is in the same boat, there could be a glimmer of hope...just a glimmer, mind you, but all may not be as dark as it first seems.

 

Getting a Copy of the Agreement, is now the main problem for Betamaxfan. But hunt the Web and CAG and a similar one may have been Posted somewhere else.

 

Cheers,

BRW

[steven4064]

Thanks for the clarification BRW

[Betamaxfan]

Apologies for the long wait between posts.

 

After it seemed that no one had any advice for dealing with charge cards I left it to see what would happen next.

 

The answer was nothing for 6 months till another letter was pushed through the postbox today - i've not opened it but i'm 100% sure it's the same as last time. Just asking the person to make contact with them so they can serve notice.

 

Hopefully someone may respond with a positive thread on charge cards as they do seem to be weighted heavily in the banks favour.

 

BMF

[steven4064]

I think you ought to open the letter. Denial will not help.

[Betamaxfan]

I can see that the letter is excactly the same as before - asking to make contact with them.

 

At this stage I have no intention of responding unless i would predjudice myself at a leter date - would I?

 

BMF

[steven4064]

I am not suggesting you contact them.

 

Charge card agreements may or may not be regulated but IMO they still have to comply with some aspects of the CCA 1974 - the requirement to send a Default Notice before commencing collection activites, for example.

[Betamaxfan]

Thanks for the reply,

 

(thanks to this great site) I'm aware of the process they need to go through, so i'm waiting till i get something solid from them before i reply.

 

I'm almost jealous of the guys unjder the protection of the CCA 1974 - i just wish there was a similair light for charge card users.

 

BMF

[steven4064]

THey still have to comply with other consumer legislation such as regulations on unfair terms, etc. They still have to comply with contract law.

[smouk]

Does your agreement make any mention of the 'Extended Payment Option'? If it does then the CCA may apply.

[k1mmie]

Is the letter from Amex themselves or Brachers, their big bully boys?

[Betamaxfan]

no it's Marston (formally Drakes), they have sent letters saying they will attend at such and such a time to present a stat demand but have never showed.

 

I'm guessing when it comes to getting the stat demand set aside (as i have had no other notices from them) i can claim for waiting in at home for their failed visit?

 

BMF