Almost 2 years on from our first article (read HERE) and following our subsequent updates (read HERE and HERE), we are continuing to see American Express (‘AmEx’) and their representatives pursue ex-directors personally for debts accrued on business cards.
The serious systemic issues with the enforceability of these business cards against individual directors and members remain apparent across the board, with the evidence produced by AmEx consistently failing to stack up to the narrative they advance. There is very little consistency in the evidence produced, with all manner of unsigned agreement copies and data records being presented with drastic variations in both presentation and content. Every person we speak to – without exception – fervently argues that they never provided any personal signature or guarantee for what they believed to be a simple business charge card.
In spite of these issues, we are now seeing AmEx and their representatives, Brachers Solicitors, up the ante on a number of cases, seeking to apply pressure by initiating pre-action legal processes and reaffirm the validity of their claim – in the absence of any new evidence or rationale for doing so. As a result, individuals are being forced to seriously weigh their options for settlement deals as against potential escalation, all the while the contentious issues remain in abeyance.
Thankfully, the situation remains stable for the roughly 90% of our clients who continue to be left alone, and no court claim has yet been issued against any individual following our involvement. Sadly, if the issues are not set out to AmEx directly and robustly, they do persist with instigating legal action (primarily by way of county court claims), as we see from far too many people who call us too late.
If you have received any communication relating to an alleged personal liability attached to a business charge card from AmEx or their representatives – including: Brachers Solicitors, Zinc Recoveries, NCO Europe, or Allied International Credit (‘AIC’), it is time to act.
If you have received any pre-legal correspondence (such as a Letter of Claim or a Part 36 Offer to Settle), this requires urgent attention. Even if the evidence is lacking (or altogether absent), ignoring these demands can have serious cost consequences, and setting out these issues in the right way is more important than ever.
Please do not hesitate to contact us for a free conversation if any of this article applies to you.
