Amex-Charge card

[greymatter]

Re: Amex-Charge card

Niddy,
I did CCA Brachers(AMEX Sols) and they returned the £1 telling me the agreement is exempt from CCA regs as its a Charge Card.
So what do/can I do here?
Thanks
GM

[alangee]

Re: Amex-Charge card

greymatter

Did you ever take up the FlexSelect option on your charge card?

Alan

[greymatter]

Re: Amex-Charge card

This was never shown to me as this dates back to 1996.However I was allowed to draw cash and it also gave free travel insurance.The docs I have(SAR) only show application for Amex Gold which states a credit limit.There are no docs for the Platignum Card,as I stated earlier,only an agreement for someone else!

[greymatter]

Re: Amex-Charge card

Hi Niddy
I know this one is a bit of a sh** cos its a charge card.However there is no record of any agreement as it appears all they have is stuff for the Amex Gold,which is a credit card.The Platignum card was not applied for as it was offered by invitation only.Which was taken up,(no evidence)There are no docs however supporting this within the SAR batch.They also refer to one card but use two card numbers.This is obviously the cross over between the Gold and Platignum.
The so called Platignum agreement that they sent me(Someone else's)actually states ' you have credit for 39 days'.So although this is not my agreement (as I never had one)surely the Platignum card appears to fall under CCA .Also they show a Default in the CRA sites only 2 years ago,which again I have never been informed,nor is there any DN in the pack.
What if I send them a letter basically asking for the actual signed agreement,an explanation as to why there are two numbers for the same account and a copy of the DN.
What do you reckon?
Thanks
GM

[Deepie]

Re: Amex-Charge card

Hi Niddy
I know this one is a bit of a sh** cos its a charge card.However there is no record of any agreement as it appears all they have is stuff for the Amex Gold,which is a credit card.The Platignum card was not applied for as it was offered by invitation only.Which was taken up,(no evidence)There are no docs however supporting this within the SAR batch.They also refer to one card but use two card numbers.This is obviously the cross over between the Gold and Platignum.
The so called Platignum agreement that they sent me(Someone else's)actually states ' you have credit for 39 days'.So although this is not my agreement (as I never had one)surely the Platignum card appears to fall under CCA .Also they show a Default in the CRA sites only 2 years ago,which again I have never been informed,nor is there any DN in the pack.
What if I send them a letter basically asking for the actual signed agreement,an explanation as to why there are two numbers for the same account and a copy of the DN.
What do you reckon?
Thanks
GM

I Reckon if it was me...I Would just ignore for now & see what they do next.... Have you stopped paying this ?

[greymatter]

Re: Amex-Charge card

No I am still paying.This is cos its a charge card and somewhat of an oddball compared to the sites CCA UE norm.
So if I leave it nowt gets done and if I stop it without really understanding my position could cause a problem.So thats why I am cautious with this as its not quite normal CCA stuff.
I really appreciate AAD input on this as its right on the line.If it were under CCA then I would breeze thro.
GM

[Never-In-Doubt]

Re: Amex-Charge card

No I am still paying.This is cos its a charge card and somewhat of an oddball compared to the sites CCA UE norm.
So if I leave it nowt gets done and if I stop it without really understanding my position could cause a problem.So thats why I am cautious with this as its not quite normal CCA stuff.
I really appreciate AAD input on this as its right on the line.If it were under CCA then I would breeze thro.
GM

Hiya

Ok, please pretend I do not have a clue what type of account it was you had and spell it out to me. Basically tell me exactly what product you took out and then please clarify what terms etc they've sent, i.e. why are they wrong and what does the gold card and platinum card have to do with anything?

The easier you make it for me to grasp, the easier I can try and assess how to respond..... I do 'dig' that your account was a chargecard however please elaborate on that and was it gold/platinum or what?

Do nothing for now, as you say it's risky so lets establish facts before doing anything drastic or otherwise

thanks

[greymatter]

Re: Amex-Charge card

Hi Niddy
Right:I initially took out an Amex Gold Card in 1996.This was in fact a Charge card.Short time after Amex offered me a Platignum Card(these apparently are offered by invitation only from Amex )This card according to Amex is a Charge Card.
What they sent in the SAR pack were: Application for Amex Gold,signed by me.The number which shown on the application form is a cut and past job.This application is dated 10/03/95.This is followed by a Cardmembers Agreement which is obviously signed by someone other than me cos they have inked the name out.However this agreement is a faxed copy because the sheets have a printed edge which states Fax plus the date shown on the fax edge as 11/10/95,it is an agreement for Amex Gold.
Following this they have included a sample application form for The Platignum Card,dated October 2002.
They have then included a 'Pre-Approved Application' this form does not refer to Amex Gold but does show the same number that is on the Gold Card application.This application signed by me has a choice box to choose your own credit limit.It also has an illegible reference to CCA 1974 .
Amex sent me my first 'The Platignum Card'statement in Nov 2011 ,the card number referred to is different to the Amex Gold number but with the same amount.
Finally in the pack was detail referred to as 'Credit Bureau Information'this shows that on 17/02/2010,both Experian and Equifax show an entry of Default.

So,what I consider wrong Niddy is(1) I have not received a Platignum Card Agreement,nor an agreement via by 'invitation only'
(2) The Amex gold is a charge card but actually still no agreement.
(3)Totally confused as to why they used the two account numbers with the same sum o/s but since Nov 2011 Amex have referred to the Platignum card on statements.
(4) Can they default me through the Credit Bureau if 'according to Brachers' its a charge card and therefore not covered by CCA.
(5) I was allowed to draw cash .

I hope this is a bit clearer Niddy,thanks
GM

[alangee]

Re: Amex-Charge card

Hi Niddy
I know this one is a bit of a sh** cos its a charge card.However there is no record of any agreement as it appears all they have is stuff for the Amex Gold,which is a credit card.The Platignum card was not applied for as it was offered by invitation only.Which was taken up,(no evidence)There are no docs however supporting this within the SAR batch.They also refer to one card but use two card numbers.This is obviously the cross over between the Gold and Platignum.
The so called Platignum agreement that they sent me(Someone else's)actually states ' you have credit for 39 days'.So although this is not my agreement (as I never had one)surely the Platignum card appears to fall under CCA .Also they show a Default in the CRA sites only 2 years ago,which again I have never been informed,nor is there any DN in the pack.
What if I send them a letter basically asking for the actual signed agreement,an explanation as to why there are two numbers for the same account and a copy of the DN.
What do you reckon?
Thanks
GM

I too had a Gold Charge Card that was upgraded to Platinum, and only received a copy of my application for the Gold Card after submitting an SAR. The one point in my favour is that I accepted the offer of the FlexSelect option on my Platinum Card. Although I did not know it at the time, that meant that every purchase I made over £150 went to that side of the account, which was regulated by CCA1974.

You presumably can prove that the Gold Charge Card was paid up in full when you were given the Platinum Card (different annual fees), so that the application they are providing is irrelevant as that account has been paid in full. I would guess that Amex must provide some evidence that you accepted their offer of an upgrade. As this is a charge card maybe statements showing that you used the card is enough in this respect.

I know you had the facility to withdraw money, but did you ever use that option?

Alan

[greymatter]

Re: Amex-Charge card

Hi Alan
Yes I always used the cash option.There is nothing to show I signed for the Platignum card.I dont know anything about Flexselect as this option was never shown in 1996/7.
They clearly made the offer and I have no idea regarding the state of the Gold card at that time.
There are no statements showing either Gold or Platignum use in the SAR pack.The Platignum statement in Nov 2011(The 1st one I ever received) simply shows the old Gold Card balance.

[greymatter]

Re: Amex-Charge card

Hi Niddy
Have I supplied sufficient info for you to establish necessary facts?
Ican email stuff if you need it.
Thanks
GM

[alangee]

Re: Amex-Charge card

greymatter

I am sorry, but did you say they sent you a Default Notice for your charge card?

When they sent me a DN, it only referred to the FlexSelect because it came under CCA1974 even though I owed something on the charge card portion.

Alan

[greymatter]

Re: Amex-Charge card

No they didnt send me a DN but it shows in the Equifax and Experian Credit Bureau reports as Default.
GM

[greymatter]

Re: Amex-Charge card

Hi Niddy
Any more thoughts as to what approach I need to make to Amex?
Thanks
GM

[Never-In-Doubt]

Re: Amex-Charge card

Hi Niddy
Any more thoughts as to what approach I need to make to Amex?
Thanks
GM

I really don't know! I am not that clued up on charge cards and to be honest although it seems they've given you the run around they can add a default marker as it is still a true reflection of how you ran the account; forget the fact it isn't CCA1974 protected - the CRA sharing element comes from DPA not CCA and thus yes, when you signed the agreement originally you agreed to them sharing data.

I think you may be best just leaving this and see where they go with it, if they take action then we could pass it to Paul to look at but right now I really cannot offer anything suitable to add as the confusion lies within the mixed accounts you held.