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Rob Legat - SBPL

Lawyer
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16 February 2017
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Gold Coast, Queensland
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It's not. But you need to realise that 'fault' and 'responsibility' don't always match up.
 

Rostos

Well-Known Member
3 December 2017
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Yep agree SB, but surely in this case, this should sway FOS to ask AMEX to chase the company instead of me?

When you think about it, it is absurd. So the director whose company paid for the paid to AMEX, reversed it and now the debt is on him (company)?

Doesn't make sense.
 

Rob Legat - SBPL

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16 February 2017
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As I've said before - the debt is on the account holders, jointly and severally. Your argument with the company as to who pays has nothing to do with AMEX.
 

DMQC

Well-Known Member
29 June 2016
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For what it is worth I agree with SB. I think you should stop focusing on the "chargeback issue", as relevant as it may seem, it is not all that relevant to the liability for the account from AMEX's perspective.

Yes, it was probably wrong, not nice, not justified, not reasonable and perhaps not even legal, but it has very little to do with who AMEX can chase for the balance of the account. You can choose to keep pursuing the chargeback issue. However, in my opinion you would be flogging a dead horse.

I would, instead, gather my evidence which supports the assertion that the purchases were made on behalf of, and as instructed by, other directors in the Company. This is a far more relevant aspect of the issue and depending on the evidence you have, would have a far higher chance of convincing AMEX to stop pursuing you for the account. Although, just my two cents, you can choose to continue with the chargeback issue if you wish.
 

Rostos

Well-Known Member
3 December 2017
29
1
124
Thanks for the feedback guys

I am just going to explore all avenues.

The root cause of the current O/S debt is due to the chargeback. Without the chargeback, there is no debt right now.
 

DMQC

Well-Known Member
29 June 2016
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Arguably without the use of the card there is no debt right now. Good luck :)
 

Rob Legat - SBPL

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Let me have one last go at trying to put this simply...

When the payment was made to AMEX, it was made via a conditional method that allows it to be revoked for a certain period of time. That revocation took place. So, while the payment was made it was always subject to the condition that it could be revoked within a period of time. That has apparently happened. Since it was a conditional payment, and the condition was evoked, the current status of the payment is that it has not been made.

While it was, as you say, paid for a period of time it was always subject to the condition that it could be revoked. While it may have been cleared funds, it was not unconditional funds.
 
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DMQC

Well-Known Member
29 June 2016
94
11
314
Let me have one last go at trying to put this simply...

When the payment was made to AMEX, it was made via a conditional method that allows it to be revoked for a certain period of time. That revocation took place. So, while the payment was made it was always subject to the condition that it could be revoked within a period of time. That has apparently happened. Since it was a conditional payment, and the condition was evoked, the current status of the payment is that it has not been made.

While it was, as you say, paid for a period of time it was always subject to the condition that it could be revoked. While it may have been cleared funds, it was not unconditional funds.

Cleared but not unconditional, I like it Rob, well put.