2026 has been an eventful year for our clients being pursued by American Express in relation to business card balances. Following our previous update in the Spring (read HERE), we have seen a steady continuation of the effort, primarily on the part of Brachers Solicitors, to pick up and escalate old cases.
However, the issues American Express face in enforcing these debts against directors personally remain significant. For every enquiry we have had over the past 5 years regarding cards issued prior to 2024 (and a good deal of those issued prior to 2025), individuals unilaterally report a total unawareness of any personal liability terms ever being presented to them.
The evidence we have seen for cards issued from 2016 to 2024, in combination with overwhelmingly consistent testimony from hundreds of individuals, strongly indicates that a simple online business card application process was in effect during this period – seemingly undertaken solely for and on behalf of the limited company ‘borrower’.
Although our clients have long held the view that Amex’ attempts to claim the debts from directors personally amounts to a de facto personal guarantee, American Express now appear to have updated their business card terms to include a requirement for a separately executed guarantee and indemnity. Whether such guarantees are obtained, and the precise format and terms these will entail, remains to be seen. This seems to supplement a previous change implemented (though perhaps inconsistently) to their online signing process in late 2025 (read HERE).
While Amex and Brachers will no doubt argue that these changes do not prove that previous processes are invalid, we continue to support our clients with the issues they report. We are well placed to provide assistance to ensure the right reasoning as to why the alleged balance is not personally enforceable is put forward, and to achieve the best possible outcome to suit your personal circumstances.
This does not stop Brachers successfully issuing and obtaining court judgements against the unwary, even those who try to argue on this basis.
However, they have not taken any of our over 150 clients to court, and have withdrawn proceedings where they have commenced them if we are involved early enough.
If you are being pursued by Brachers Solicitors personally with respect to a limited company business card, please contact us as soon as possible.
