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Can American Express continue to do this?

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  • sourcrates
    sourcrates Posts: 31,491 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 3 June 2024 at 9:52AM
    I defer to my colleagues on this forum with regard to the Amex approach to debt collection.

    However, regardless of the company involved, they must follow civil procedure rules which requires them to send a "letter before action" prior to any potential legal action.

    The LBA is a document with a 30 day return window, which allows an agreement to be made between you thus negating the need to progress to court.

    So assuming your offer is acceptable to them, it may not progress further than that.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • saajan_12
    saajan_12 Posts: 5,014 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    cheexy said:
    Just let it go to debt collection, and deal with whoever writes to you, that`s usually a much simpler solution than trying to contact someone who does not want to be contacted.
    I intend to reply the law firm this week following the guide provided in my previous thread but I was thinking I could also put in a formal complaint with American Express because of the lack of response and the additional £2000+ they have added on these past 5 months. It is such an exorbitant amount and I am just wondering what the end goal is with the silence and adding so much interest. How long can they possibly continue doing this? Is there no guideline for responsible lending I can reference considering that other providers responded promptly and went on to freeze interest especially after I was the one who reached out to them.
    What difference would their response have made? They could / would still have responded saying the interest / charges stand and will continue as per the terms you agreed to. Its expected for good customer service (albeit not mandatory) to respond.. its not expected that they respond with the answer you want. 
  • TheAble
    TheAble Posts: 1,676 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    saajan_12 said:
    cheexy said:
    Just let it go to debt collection, and deal with whoever writes to you, that`s usually a much simpler solution than trying to contact someone who does not want to be contacted.
    I intend to reply the law firm this week following the guide provided in my previous thread but I was thinking I could also put in a formal complaint with American Express because of the lack of response and the additional £2000+ they have added on these past 5 months. It is such an exorbitant amount and I am just wondering what the end goal is with the silence and adding so much interest. How long can they possibly continue doing this? Is there no guideline for responsible lending I can reference considering that other providers responded promptly and went on to freeze interest especially after I was the one who reached out to them.
    What difference would their response have made? They could / would still have responded saying the interest / charges stand and will continue as per the terms you agreed to. Its expected for good customer service (albeit not mandatory) to respond.. its not expected that they respond with the answer you want. 
    I think the OP is asking whether Amex are making sufficient observation of any statutory consumer protections that may be in place. For example is there some limit to the maximum number of months' interest that can be added? I don't know the answers but it's a reasonable question to ask.
  • cheexy
    cheexy Posts: 472 Forumite
    Tenth Anniversary 100 Posts Name Dropper Combo Breaker
    TheAble said:
    saajan_12 said:
    cheexy said:
    Just let it go to debt collection, and deal with whoever writes to you, that`s usually a much simpler solution than trying to contact someone who does not want to be contacted.
    I intend to reply the law firm this week following the guide provided in my previous thread but I was thinking I could also put in a formal complaint with American Express because of the lack of response and the additional £2000+ they have added on these past 5 months. It is such an exorbitant amount and I am just wondering what the end goal is with the silence and adding so much interest. How long can they possibly continue doing this? Is there no guideline for responsible lending I can reference considering that other providers responded promptly and went on to freeze interest especially after I was the one who reached out to them.
    What difference would their response have made? They could / would still have responded saying the interest / charges stand and will continue as per the terms you agreed to. Its expected for good customer service (albeit not mandatory) to respond.. its not expected that they respond with the answer you want. 
    I think the OP is asking whether Amex are making sufficient observation of any statutory consumer protections that may be in place. For example is there some limit to the maximum number of months' interest that can be added? I don't know the answers but it's a reasonable question to ask.
    Yes exactly this
    £47605.33 outstanding in C.C (£8000 Interest free till January 2025)
  • MattMattMattUK
    MattMattMattUK Posts: 11,145 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    cheexy said:
    TheAble said:
    saajan_12 said:
    cheexy said:
    Just let it go to debt collection, and deal with whoever writes to you, that`s usually a much simpler solution than trying to contact someone who does not want to be contacted.
    I intend to reply the law firm this week following the guide provided in my previous thread but I was thinking I could also put in a formal complaint with American Express because of the lack of response and the additional £2000+ they have added on these past 5 months. It is such an exorbitant amount and I am just wondering what the end goal is with the silence and adding so much interest. How long can they possibly continue doing this? Is there no guideline for responsible lending I can reference considering that other providers responded promptly and went on to freeze interest especially after I was the one who reached out to them.
    What difference would their response have made? They could / would still have responded saying the interest / charges stand and will continue as per the terms you agreed to. Its expected for good customer service (albeit not mandatory) to respond.. its not expected that they respond with the answer you want. 
    I think the OP is asking whether Amex are making sufficient observation of any statutory consumer protections that may be in place. For example is there some limit to the maximum number of months' interest that can be added? I don't know the answers but it's a reasonable question to ask.
    Yes exactly this
    If that is your question, then yes, Amex are following the rules.

    They will default the debt after 3-6 months (though legally I think they could actually wait up to a year), stop charging contractual interest, go legal and take recovery action. 

    Amex are great if you pay in full every month, they are somewhat brutal if you breach your contract. 
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