jmg vs Amex

[jmg666]

I had a green card for a while and when my major financial headaches started in '05 got behind with Amex as well as my other cards. As I couldn't see any way out at the time apart from trying to borrow my way out of the mess, I remortgaged and paid off what I could. I asked for a final balance from Amex in November 2005, made a payment of £1,776.12, and cancelled the account.

Today I received my duplicate Amex statements from Jan 00 to present day by recorded delivery - the SAR was sent on 30th Jan, so that's a definite result, I think. I just spent a quiet half hour going through them and discovered that not only have they taken a grand total of £875 off me over this period, but they are showing a credit on my account of £229.28 as at November 16th 2005. The balance figure they show as being the Nov 16th figure is not £1,776.12 but £1,535.16, hence the credit. Of course, they haven't told me this, but the copy statement has a line on it which says "Your account is cancelled and has a credit balance. Please call us if you would like a refund."

Note that they didn't attempt to call me or write to me in November 2005 to point out that I'd overpaid - if it had been the other way round, they'd have put a collection agency on my tail pretty sharpish.

My question is this, to start with - can I reasonably claim interest on £229.28 w/e from 16.11.05 to the present day?

I want to get this resolved before I send them the letter asking for my £875 back and would appreciate some guidance/advice from Those Who Know.

[jmg666]

Had a conversation with someone in Customer Services last night re the "credit" showing on my account - he conferred with a manager (he said) and yes, the money was definitely mine and should be refunded. He gave me a number and said that I'd need to speak to someone else in the morning, which I've just done. They're now saying that this is not a credit on my account but represents a fee that they had to pay to a collection agency when they closed my card account. My recollection is that it was I who closed the account, not them. The person I spoke to last night said that a collection agency had been involved, but shouldn't have been, as I paid off the outstanding balance in full.

This is going round in a loop - if you call Customer Services they have to put you through to External Relations (or whatever they're called) who are the only people allowed to discuss the account with you, and they're the ones who say no refund. I now have the option of writing to Credit Relations at Amex to contest this and try and get the cash back. In the meantime, I shall be pursuing my claim for the charges on the account.

[jmg666]

Sent request for repayment of charges letter to Amex on 22nd February. This morning's post brought a letter from Elaine Hayward (Executive Customer Relations Administrator) thanking me "for the opportunity to deal with my complaint." My letter had the usual 14 day requirement stipulated in it, but I see that she's assured me that I will have "a response within 28 days of receipt of your contact". I have a date in my diary and will send them a letter before action if they haven't responded by MY deadline, not theirs.

[ManSizedRooster]

Hi

 

I'll be going after AMEX soon. Good luck and please keep us informed as to how you get on.

[jmg666]

Had a letter from Amex this morning from someone called Cilla Adcock, Executive Customer Relations Manager. The usual disclaimers - "Amex maintains that our charges are fair and reasonable and are avoidable by complying with the Terms and Conditions of our agreement with you." In the light of the OFT recommendation, Amex has changed its charging policy re default payments - with effect from 1st July 2006 and "our previous charges will not be amended". They've apparently told the OFT that default charges on credit cards will be £8.

She then closes by saying that she trusts "this clarifies the matter for you".

So I think I can safely take that as them saying that they don't intend to hand back the charges, so we will proceed to next stage.

[chorlton1]

Amex are usually fine and suprisingly quick at responding, despite what they say in writing about a month to do this and 2 months to do that.

 

You will be fine

[jmg666]

How right you are chorlton - sent them the LBA on 19th giving them 14 days to pay up, and received a reply this morning (21st) saying that in view of my dissatisfaction with their initial response, they were escalating the matter and I would hear back from them shortly. The 14-day deadline is in the diary, however, and if I don't hear back from them then it's off down the MCOL route once again.

[chorlton1]

You will almost certainly get a letter saying the won't pay you a penny - at that stage I would suggest you call the guy who signs letter (they allocate files to individualsd) and if it follows the track of my Amex claims you will get your money almost immediately afterwards.

[Sickofbanks]

Interestingly my experience with Amex, while better than the others I've claimed off (successfully) is not quite as positive.

 

I've paid off the balances and closed both of my cards with them, but claimed an amount in excess of a grand for charges raised. Their response has been to quote their actions respect of current customers - reducing their charges to the OFT recommended amount, and have refunded me the difference, plus some interest - less than half what they actaully owe me.

 

I've pointed out that what they arrange to charge customers in the future is irrelevant to me as my account with them is closed, as well as highlighting that any recommendation made by the OFT doesn't remove their obligation to comply with the law

 

Naturally my MCOL claim has gone in for the balance. (I accepted the amount paid in part payment and declared my wish for the balance to be refunded.)

 

They have a better telephone manner at Amex, but haven't wavered from this line when I've spoken to them....So this is a delay in payment I guess.

[papadak]

Hi to all, good luck with all these Amex issues.

 

Here's mine .... I had a charge & credit card with Amex. I have claimed back just over £650's worth of charges on both cards. After about 4 weeks of a 2'ing & throwing they offered me £240 (approx 40% of what I requested) Have decided to stand firm and claim back all MY money that Amex HAVE ILLEGALLY TAKEN! A money-claim was issued 2 days ago .... let's see what comes of it.

 

Don't be frightened of the big boys ... the bigger they are the harder they fall!

[xrt665]

They are stalling bullies. I have a long story but refused to accept the reduced offer. Full amount for charges, the interest they charged on the charges and the 8% on the charges and interest!! Simple excel spreadsheet month by month with 3 columns. Nice and pleasant guy from AMEX but his legal dept said they were in the right. Who am I to disagree? Dispute resolved by file of claim for full amount plus court costs at MCOL. Day after writ served on AMEX I had letter from them to agree to pay full amount subject to me signing a full and final..!! By the way after hassle half way through, I was sent a cheque for a reduced amount as a full and final offer. Anyone know if full and final has more than one interpretation??!! Go for 'em.

[jmg666]

Letter (without prejudice!) arrived from Amex this morning enclosing a letter and a cheque. Now a cheque of any kind is always welcome, but of course it wasn't for the full amount - £515 rather than the £875 I reckon they owe me. Usual waffle in the letter about the OFT's statement re default charges, but my understanding is that since the OFT's pronouncement on bank charges generally, the banks have responded with the threat of charging people to have accounts - in other words, if they have to scale their charges back to a reasonable level for defaults etc, then they're going to make damn sure that they get it back another way. In view of this I believe (someone correct me if I'm wrong) that OFT has delayed making a final statement on the charges issue.

On a more immediate note, I shall be writing back to Amex saying thanks for the cheque which I will accept in partial settlement, and will reserve the right to pursue the remaining £360 through the small claims court if necessary. I assume that others have experienced this approach by them and taken the same action?

What's the word with you papadak and ManSizedRooster on your claims?

[papadak]

Letter (without prejudice!) arrived from Amex this morning enclosing a letter and a cheque. Now a cheque of any kind is always welcome, but of course it wasn't for the full amount - £515 rather than the £875 I reckon they owe me. Usual waffle in the letter about the OFT's statement re default charges, but my understanding is that since the OFT's pronouncement on bank charges generally, the banks have responded with the threat of charging people to have accounts - in other words, if they have to scale their charges back to a reasonable level for defaults etc, then they're going to make damn sure that they get it back another way. In view of this I believe (someone correct me if I'm wrong) that OFT has delayed making a final statement on the charges issue.

On a more immediate note, I shall be writing back to Amex saying thanks for the cheque which I will accept in partial settlement, and will reserve the right to pursue the remaining £360 through the small claims court if necessary. I assume that others have experienced this approach by them and taken the same action?

What's the word with you papadak and ManSizedRooster on your claims?

 

Hi, I have been offered the FULL amount from Amex ONLY after sticking to my guns! ... I was offered a reduced amount (40% of what I claimed) and here is what I wrote to them (fill in the gaps for yourself of course)

 

" Response to settlement offer.

 

Dear ..........

Thank you for your letter dated .........

I respectfully decline your offer as Full and Final settlement and request, once again, that you return to me all charges imposed on this account, totaling £...........

 

I will accept the sum offered (£........) only as part settlement and on the clear understanding that I will pursue recovery of the remainder (£........), with a County Court claim if necessary

 

If you do not accept my conditions for acceptance, or you do not respond within 7 days, I will commence court proceedings to reclaim my money without delay.

I trust this clarifies my position.

 

Yours faithfully

"

 

This was after I sent a MCOL (Moneyclaim on online) ... Bottom line: DO NOT BE SCARED ... and stand firm for what's yours!! ... after all you are only claiming back what was yours in the first place .... GOOD LUCK AND KEEP US POSTED :grin::grin::grin::grin::grin:

 

 

[jmg666]

Thanks for that, pretty much what I expected. I'd put a note in the diary for two days ago that marked the deadline by which I'd start an MCOL - my problem is that being self-employed my "paydays" are sporadic and ponying up the £120 each time for an MCOL isn't always easy, but it looks like I might have to. In any case I'll send them something based on the above and make it clear that MCOL comes next. Thanks for your support & advice & well done on getting your cash back.

[papadak]

Thanks for that, pretty much what I expected. I'd put a note in the diary for two days ago that marked the deadline by which I'd start an MCOL - my problem is that being self-employed my "paydays" are sporadic and ponying up the £120 each time for an MCOL isn't always easy, but it looks like I might have to. In any case I'll send them something based on the above and make it clear that MCOL comes next. Thanks for your support & advice & well done on getting your cash back.

 

I hear what you are saying. But for the 120 outlay, remember of course you'll get that back + of course the full bunce you are claiming ... ONWARDS & UPWARDS!!!:grin:

[xrt665]

Stuff the cheque. I ripped mine in half and sent it back. Issued a MCOL (Small claims court on line - any questions please ask but really simple)writ which took 4 days to deliver (Statutory). 2 days after issue of writ I had offer of FULL settlement. Signed agreement, no further action, cashed full amount. DO NOT BE BULLIED.

[papadak]

Hi to all, good luck with all these Amex issues.

 

Here's mine .... I had a charge & credit card with Amex. I have claimed back just over £650's worth of charges on both cards. After about 4 weeks of a 2'ing & throwing they offered me £240 (approx 40% of what I requested) Have decided to stand firm and claim back all MY money that Amex HAVE ILLEGALLY TAKEN! A money-claim was issued 2 days ago .... let's see what comes of it.

 

Don't be frightened of the big boys ... the bigger they are the harder they fall!

 

RESULT!!!

 

Amex have coughed up ... the full amount that I originally claimed ... after sticking to my guns.

[Dougal16T]

Interesting this....I had the same experience with Amex as others, that is to say got into difficulties, paid off what I could and finally closed the account....BUT I had a credit balance of £145.00 showing on the statements when I got them....this was there over 2 years ago and they didn't tell me!!! I asked for it, got it back, banked it and then asked for the charges of £227.91 to be refunded they sent a goodwill cheque for £143.01, I banked it, wrote back and said you still owe me £84.90, pay up in 7 days or its off to Court...that was today...watch this space..!!!!!!.

 

Sincere good wishes to all in the struggle - keep smiling it makes them nervous!!

[papadak]

Interesting this....I had the same experience with Amex as others, that is to say got into difficulties, paid off what I could and finally closed the account....BUT I had a credit balance of £145.00 showing on the statements when I got them....this was there over 2 years ago and they didn't tell me!!! I asked for it, got it back, banked it and then asked for the charges of £227.91 to be refunded they sent a goodwill cheque for £143.01, I banked it, wrote back and said you still owe me £84.90, pay up in 7 days or its off to Court...that was today...watch this space..!!!!!!.

 

Sincere good wishes to all in the struggle - keep smiling it makes them nervous!!

 

Hi, Stay with it ... they will cough in full after you've done a Moneyclaim ... they did for me. Best of luck