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Amex... Fobbing Me Off...

Long story short...

Payment was sent to a 'closed account' which was notified to amex. I gave them my up to date bank details, however they themselves sent it to the 'closed account' only god knows why...

fast forward, they are saying they have not received the money back from my 'bank'...

i call my 'bank' and they said 'no monies was ever received, as this is a closed bank account... if money was sent to this closed account, it would of been kicked back straight away!' The woman then said they would need to do a trace...

i tell amex this info and they are still saying 'oh we cant find the money, we will do a trace and inform you tomorrow...

no call or email from amex, so i call them... They tell me we still looking into it. I say why cant amex itself send me the money that amex wrongfully sent to a closed account... They said 'we cant do that'

This has been going on for about 4/5 months and I have taken recordings each time...

They are definitely giving me the run around and I was wondering i there are any clauses/statutes/torts in law whereby I have to force/summon/tell them to give me the designated monies they owe me...?

Any help would be fantastic!

Comments

  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    What do you mean payment was sent to closed account??

    that sounds to me that you sent money from your current account to you AmEx account but then you say the bank sent the money back to AmEx which would suggest the flow was in the other directions??

    Which bank are you with?

    When I was in banking, if money came in for a closed account then the money was moved into the branch's suspense account and it was left there until such point that it was worked out what it was there for. There were other reasons why the suspense account was used and so it isnt a case that all is for closed accounts.

    Only after the branch received any instructions from an appropriate person would they do anything with the money, the rest of the time it just sat there. In some branches these accounts had a lot of money in them!


    Ultimately raise a formal complaint to both saying you intend to take the matter to the FOS if you are not happy with their response. If you arent happy with their response or they dont respond within 8 weeks then pass it up the ombudsman.
  • dranzer01
    dranzer01 Posts: 427 Forumite
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    amex is my merchant provider. I am with barclays. My barclays account is closed and I had informed Amex of this and I provided my latest banking details to Amex, in which they still sent the money to the closed barclays account...

    Now there is this whole cat and mouse game for approx 5 months for them to just send back my money...
  • colsten
    colsten Posts: 17,596 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    dranzer01 wrote: »
    Now there is this whole cat and mouse game for approx 5 months for them to just send back my money...

    I am surprised you have let this drag on for approx 5 months without having raised a formal complaint and a referral to the FOS at the end of the 8-week period they have to resolve your complaint to your satisfaction. What is the reason for that? Is this matter not subject to the complaints procedure for personal and small business accounts? Are you a large business? In which case. why have you not handed the issue to your lawyers?

    Who closed your Barclays account, btw?
  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    dranzer01 wrote: »
    amex is my merchant provider.

    What size is your business? The FOS only takes complaints from "micro businesses" which is defined as less than 10 employees AND less than 2m euro turnover (its a european law definition hence euro not pounds)
  • dranzer01
    dranzer01 Posts: 427 Forumite
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    Less than 10. I am not too sure if the person at hand has gone to the FOS or the Ombudsman service, I will have to double check. But I said 5 months fighting this back and fourth is a very long time for them to be saying the same thing.

    (I created this thread on behalf of)
  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    dranzer01 wrote: »
    I am not too sure if the person at hand has gone to the FOS or the Ombudsman service

    FOS = Financial Ombudsman Service

    As long as the turnover for the business is under 2m euros then you would eligible to once you have a response to the complaint or 8 weeks have passed - whichever is quicker.

    The FOS isnt fast though. The problem is that you dont truly know where the money is. You have one side saying they've sent it back and you've the other saying they've not received it. You could send a letter before action to both with a view to calling them as co-defendants to a court action.

    How much money are we talking?
  • colsten
    colsten Posts: 17,596 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    dranzer01 wrote: »

    (I created this thread on behalf of)

    Ah right. So you misled us in your earlier posts, leaving us to believe this is your problem rather than someone else's.

    Sorry, but I am out.
  • pmduk
    pmduk Posts: 10,710 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    These third party queries can be difficult to help as the poster is invariably not in possession of the full facts, however well-meaning. Perhaps the account-owner could post?
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