SAMARASEA v AMEX - Claim filed in court and now AMEX want to settle! HELP!!!

[SamaraSea]

Hi all,

 

I have been through the process of writing to Amex, received a partial offer which I accepted but on the basis that I would pursue the rest in court.

 

Well after sometime I decided to file my claim against them in the County Court. That was 17th August and they were deemed served on the 20th August.

 

I received a call from Amex on the 21st statin they wished to settle!!! They called again the next day andI spoke to a vey nice man called Andy Dobson. He was very clear and straigh to the point. I said I would be interest in there offer to settle in full and would wait to receive a letter from them confirming this.

 

I have received the letter which I did not get until Saturday just gone. Before I go hop, skip and jumping to the Court wth my signed Notice of Discontinuance form, could someone have a look through the letter (below) and just confirm that this is ok!!!!!

 

I just wanted to ensure that what they are saying and what they require me to do is correct!!! I have also heard of other cases where people have been advised to receive payment before discontinuing

 

I am sure that when the cheque comes through that there will be keep quiet forms they will wnt me to sign too.

 

Any help would be gratefully received

 

Many thanks

 

Sam:p

 

 

The letter I received titled - Without Prejudice save as to costs

 

Dear XXXXX

 

American Express Membership Number: XXXX XXXXXX XXXXX

 

I refer to your claim form issued by you and received in this office on 20th August, concerning the deault charges applied to your account.

 

I repeat what we have said in previous correspondance about the April 2006 statement of position issued by he Office of Fair Trading (OFT) and the legitimate costs for assessing default charges identified by the OFT. I also remind you that with affect from 1 July 2006, the default charge applied to American Express Credit Card Accounts has been £8. This figure is significantly lower that the threshold set by the OFT and indicated the fair nature of the assessment carried out by American Express. In the circumstances, I am in no doubt American Express' default charges are fair.

 

Nevertheless, as a gesture of goodwill and in an attempt to avoid nexessary use of the Courts time, I am prepared to send you a cheque in the sum of £xxx.xx. This figure represents the remainder of your claim for the default charges billed to your account over the last 6 years, plus the interest at 8% p.a and the Court fee. This offer is made without admission of liability and in full and final settlement of all and any claims you have or may have against American Express in respect of default charges applied to your account (s).

 

In order to finalise this matter, I enclose two copies of a Notice of Discontinuance, Please sign and date boh copies. Thereafter, forward one copy to the Court and send the other copy to me. Upon receipt of confirmation from the Court that it has received the Notice of Discontinuance, I will send you a cheque, as set out above.

 

However, if despite this offer, you cntinue to pursue your claim, American Express will have no lternatie but to defend such proceedings and recover its costs of doing o from you. I trust this will no prove necessary and we can avoid unnecessary use of the Court's time and legal expence.

 

Yours sincerely

 

Andy Dobson

Exexutive Customer Relations Manager.

[SamaraSea]

Bump

[steven4064]

I have also heard of other cases where people have been advised to receive payment before discontinuing

That would certainly be my advice. We had the same situation with GE Money. I just wrote, accepted the offer and told them I would issue a notice of discontinuance once I had received the check and it had cleared. They went quiet for a few days and then accepted our revised 'offer' (in our case, there was also an issue of a confidentiality statement which we refused to sign- but you haven't got that) (you don't need to use their notice either - you can download one here)

[SamaraSea]

Hi Steven,

 

Many thanks Steven

 

I will write to them and call to confirm this. Will see what happens!

 

Sam

[SamaraSea]

Letter written (Thanks Welshcakes for the template) and will post later today.

 

Lets wait and see what their response will be!!

 

Thanks again

 

Sam