Hello my name is ***** ***** I will help you with this.
For now please let me know why they wont tell you the reason and how much the transaction was?
Because it is their policy not to
3 transactions = £80,000
Do you have any idea what it relates to or which customer(s)
yes 1 customer major blue chip
Ok, do you know why they charged back?
Sorry what do you mean by 'charged back'?
I assume the customer contacted Amex to say they were not happy with something?
No exactly the opposite the client is very upset about it
Ok, have you run this amount through Amex before?
sorry that might be mis-read - client is very happy with us but not happy with Amex
Was the £80,000 a usual transaction?
Ok, so a normal transaction, customer didn't initiate complaint and Amex wont tell you?
this relates to a client of mine and we have recently liquidated their old co. NewCo was a dormant company but that notwithstanding the client has paid Amex, Amex has collected the money, Amex has requested info from us which has been supplied now they are requesting further info
Customer has not made a complaint - customer whom we know very well is upset Amex has not forwarded the money onto us
regardless of the details of this case how can i force Amex to be open and communivcate
As a responsible business my client has to manage their cash flow and this lack of information means it is impossible
Ok - this is a difficult one. You need to write and make a formal written complaint. They will then investigate and provide their response. Once you have a final response then and only then can you go to the Financial Ombudsman. They offer a free, independent service and can investigate at: www.financial-ombudsman.org.uk
The only other option is to go to Court and ask the Court to either:
1) Amex pay the money
2) Specific disclosure as to why they are holding it
You would need to issue proceedings using form N1
And N244 if you want specific dislosure
Formal complaint already sent
Or N16a if you want them to pay you:
The only difficulty in the injunction to make them pay you as is per Section 7 they have a right to with hold.
Therefore it may be that you have to get specific disclosure first.
However its not an immediate solution, it will take a week or so to get the matter listed at Court.
An injunction can be immediate listing but my concern is just the terms and conditions allow them to withhold.
Can I clarify anything for you about this today please?
Although their Section 7 T&Cs allows them to do almost anything which for example in the of investigating say money laundering, is understandable surely it is not reasonable for them to withhold information that would allow us to manage our business, that might help progress the situation or because of their lack of communication in fact is creating the risk - And it is already established that this has nothing to do fraud or anything serious
I agree. But if they refuse to tell you anything that is why you need a court order for specific disclosure. That is the quickest way, rather than wait months for the Ombudsman
Agreed thank you
Thanks. Can I clarify anything else for you?
No I think that is as much as we can do at this stage - thank you very much for your input which via this method of communication is difficult to get the full picture. Are you allowed to tell me about where you practise? Good lawyers are hard to find!
Sadly I am not allowed to act for you, its against site rules.
If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen
If you need more help please click reply
OK thought as much - enjoy your weekend only a few hours to go!!
And you! I will be on here over the weekend!
Oh no working, well it is cold outside if nice and sunny
Indeed. Have a good one yourself and please remember to rate before you go