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I need a little help finding a case in order to fight American Express at their own game.
My husband had an American Express card and he had gone over the limit. In October 2016, my husband was sent a notice of default (CCA s.87 Notice) demanding a payment of £650 which he paid in full within the 14 day notice period (which was served incorrectly but, that is another story).
He then got in touch with them to advise that the house sale we had expected to go through hadn't gone through and he was unable to meet the minimum monthly repayments of around £650 per month. American Express agreed that he would be able repay at a reduced monthly repayment of £300 per month until the house sale was finalized.
American Express then proceeded to record the default against my husbands' credit file.
We discovered in or around January 2017 that a default had been recorded and immediately asked American Express to remove it as he had met the demands of the default notice (which had been invalidly served).
Amex refused to remove the default saying they were entitled to default him.
We wrote backwards and forwards with Amex without any success. So, we took the matter to the Ombudsman. Amex (after several stories) have now said the reason the default was recorded was that the £300 per month was considered to be a "token" payment and they were entitled to record the default.
I have found Brandon v American Express which assists me with the point that they were not entitled to rely on an invalid notice to record the default but, now, I need a case which discusses the point that £300 is not a token repayment even if the outstanding balance is proportionately high? I am sure I came across one in my search for the Brandon case but, can I find it again? NO!!
Anyone have any ideas?
Thanks
My husband had an American Express card and he had gone over the limit. In October 2016, my husband was sent a notice of default (CCA s.87 Notice) demanding a payment of £650 which he paid in full within the 14 day notice period (which was served incorrectly but, that is another story).
He then got in touch with them to advise that the house sale we had expected to go through hadn't gone through and he was unable to meet the minimum monthly repayments of around £650 per month. American Express agreed that he would be able repay at a reduced monthly repayment of £300 per month until the house sale was finalized.
American Express then proceeded to record the default against my husbands' credit file.
We discovered in or around January 2017 that a default had been recorded and immediately asked American Express to remove it as he had met the demands of the default notice (which had been invalidly served).
Amex refused to remove the default saying they were entitled to default him.
We wrote backwards and forwards with Amex without any success. So, we took the matter to the Ombudsman. Amex (after several stories) have now said the reason the default was recorded was that the £300 per month was considered to be a "token" payment and they were entitled to record the default.
I have found Brandon v American Express which assists me with the point that they were not entitled to rely on an invalid notice to record the default but, now, I need a case which discusses the point that £300 is not a token repayment even if the outstanding balance is proportionately high? I am sure I came across one in my search for the Brandon case but, can I find it again? NO!!
Anyone have any ideas?
Thanks
