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AMEX are taking me to court over two charge cards. one gold and one platinum which i have endeavoured to make paymennts to for several years, foolishly not realising they were happily charging me forty-two per cent interest. thus, the debt is now three times the original amount despite my fairly regular payments and is spiralling out of control, i consider it an undue burden and the agent acting for amex has only presented an emailed copy of the supposedly original application forms and some ill-fitting terms and conditions. meanwhile my lawyer says the case is not one i have a defence for and that the interest rate is not unnconscionable. any thoughts
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Re: AMEX charge cards - do we have a defence
Hi
Have the accounts been correctly terminated, have default notices been issued and notices of arrears before that. Together with the statutotry (OFT) notices.
Peter -
Re: AMEX charge cards - do we have a defence
Your solicitor may want to look at this recent case with Amex Brandon v Amex http://www.legalbeagles.info/forums/...ad.php?t=29508 details can be found in here.Comment
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Re: AMEX charge cards - do we have a defence
Are you able to post up a copy of the credit agreement with all personal details removed for us to look at?Comment
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Re: AMEX charge cards - do we have a defence
Were they just used as charge cards or did you have a FlexSelect account attached to them?
AlanComment
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Re: AMEX charge cards - do we have a defence
Thanks for replies, the cards date back to 2003 and 2004 and as regards notices, the matter went to the agents/ solicitors without much ado. I never received any statements of arrears or how much was still owed, interest accruing etc.. I can post the credit agreements later with the personal details removed
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No they were just used as charge cards though the platinum card had a cash withdrawal facilityComment
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Re: AMEX charge cards - do we have a defence
One other thing. I would push Amex to tell you whether these accounts had ever been
securitised. They will tell you that that is their business, but almost all of their accounts were securitised. Prior to November 2008, the main source of funding for American Express came from securitisation. The securitisation would have taken place through their parent company in USA. This would have been by absolute assignment to a Special Purpose Vehicle (SPV), who would then own the accounts, but they would continue to be serviced by American Express. At best American Express would only have an equitable stake in these accounts.
Of course, this does not mean that you do not have to repay the debt, but if they have been securitised, then American Express cannot take you to court.
I would push them for an answer, but if unsuccessful, and they still continue with court action, I would request that the court forces them to answer.
Alan
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Re: AMEX charge cards - do we have a defence
Prior to the writ for court action being served on me, the agents sent me their (customary) letter demanding an instalment payment being made before a certain date or court action would result. I missed the date but made payment a few days later and that happens to have crossed with the service of the writ. No other documents were received from Amex' solicitors.
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Thanks Alan that's very helpfulComment
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Re: AMEX charge cards - do we have a defence
A few days ago I received a monthly statement from Amex - the first one for EIGHT Years - giving me a closing balance of about £400 on the gold card. As the writ demands about £4000 for the gold card I presume this is monthly interest. However, why suddenly send a statement now after all this time?!Comment
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Re: AMEX charge cards - do we have a defence
Hi,Could you please tell us the agent or solicitor's name acting for Amex,:beagle:Originally posted by Harbourboy View PostComment
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Re: AMEX charge cards - do we have a defence
Originally posted by Harbourboy View Post
HI
Not sure shat you mean by a writ?
Could you post the document.
Also have you acknowledged this debt, if no action has been made for eight years it would have course been statute barred.
PeterComment
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Re: AMEX charge cards - do we have a defence
You say you have received a writ from the solicitor, is that what you mean by being taken to court?
If Amex are making a claim against you, you should have received an N1 claim form directly from the court. Have you received anything directly from the court?
AlanComment
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Re: AMEX charge cards - do we have a defence
Writs are generally issued by courts involvled in enforcment,(although solicitors can be involved in this process) not solicitors in persuit of a civil debt.Originally posted by Harbourboy View Post
Also creditors are not allowed to charge interst if no statement or notice has been sent has been sent under the cca 2006.
Then you have the statute barr.
I dont understand what is going on here we really need to see the agreement and the letter
PeterComment
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Re: AMEX charge cards - do we have a defence
Who has the "writ" came from?
and as peter has said can you post it up please so we can determine what it actually is
If it is a N1CPC then you have only got 18 days total from the date of issue (which is on the court stamp) or 14 days from the date of service, in which to acknowlege the claim then another 14 days to submit your defence to court
So can you post it up minus any personal info and claim numbers please as time may NOT be on your side, assuming it is a N1CPC summons and depending when it was issued
If the account has not been active for the last 8 yrs then you have a very very good chance in getting this claim thrown out of court under the Statute of Limitations Act
also what exactly was your solicitor referring to when he said
meanwhile my lawyer says the case is not one i have a defence for
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