I'm still paying Amex fees for a card I cancelled 17 YEARS ago: CRANE ON THE CASE

  • Credit cards were being sent to an old address so customer wasn't aware 

I've been an American Express customer for years. I previously had a Gold card, but cancelled this in 2007 and switched to a British Airways Premium Plus card.

However, I recently discovered the Gold card was never cancelled, and that I have been charged the annual membership fee for the last 17 years. 

The fee was initially £160 but then rose to £195. In total I've paid about £2,400. 

I am certain I cancelled the old card over the phone in 2007, but Amex says it can't check because it has deleted the call records in line with data protection rules.

Card clash: M.H is certain he cancelled his Gold card on the phone back in 2007, but American Express has since deleted its records and can't prove that was the case (stock image)

Card clash: M.H is certain he cancelled his Gold card on the phone back in 2007, but American Express has since deleted its records and can't prove that was the case (stock image)

I only discovered the card was still active when I was reviewing my direct debits and found I was being charged twice a year by Amex, instead of once. 

I know I should have noticed earlier, but the two payments were several months apart and each time I saw one I assumed it was for my new BA Amex. 

Concerningly, I have now been told new cards have been sent in the post when old ones expired - I believe at least four - and have gone to my old address. 

I'm worried it has affected my credit rating, and that someone out there has a credit card in my name. 

I spoke to Amex about this, but there was no offer to return the membership fees and I was told that the manager refused to speak with me. M.H, London

Helen Crane, This is Money's consumer champion, replies:  You believed you held this card from 2005 to 2007, but it turns out it has remained active for much longer. 

To highlight how long you've been paying these fees, 2007 was the year the first iPhone went on sale, the final Harry Potter book was published and Gordon Brown became Prime Minister. 

You told me you updated Amex with your new address when you opened the BA credit card the same year, and all your correspondence from that card goes to the right place.

CRANE ON THE CASE 

Our weekly column sees This is Money consumer expert Helen Crane tackle reader problems and shine the light on companies doing both good and bad.

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As you remained a customer, you think the firm should have contacted you to check whether you really wanted the cards to go to two different addresses. This would have made you aware of its existence much sooner. 

You also think the fact that no purchases were made on the card for 17 years should have been flagged by American Express, in the same way that other unusual activity on an account would be. 

I accept those points, and share your concerns that you could have been exposed to fraud, had the renewal cards got in to the wrong hands. 

No one likes to imagine a criminal being given carte blanche to go shopping on a credit card in their name. 

Of the cards that have been sent to your old address, only one, the most recent, has been returned to Amex. 

Separately, you are upset at the treatment you received when you discovered the other credit card and called Amex to complain. 

You say you spoke to a customer service person in the Brighton office, and asked if they would refund some of the £2,400 fees you had paid. 

When they said they couldn't, you asked to speak to a manager - but you told me the person said the manager refused to speak to you. 

Returned: Only one of the Amex cards sent to M.H's old address found its way back to the firm

Returned: Only one of the Amex cards sent to M.H's old address found its way back to the firm

While there are two sides to every story, that is no way to treat a loyal customer. I contacted Amex to ask what was going on. 

It confirmed it had deleted the call records from back in 2007, so it was your word against theirs as to whether you did indeed cancel the Gold card. 

The earliest statements it can retrieve on your account are from 2011. 

Amex accepts that what was said on the call was not appropriate. While it has taken on board your concerns about the card, it takes the view that you should have been alerted to its continued existence by the annual membership fee. 

It therefore has agreed to refund you £1,000. 

This includes a refund of a proportion of the earlier membership fees, and a goodwill gesture to apologise for the poor service you received on the phone.

A spokesman for Amex said: 'We're sorry to hear about [the customer's] experience and are in direct contact.'

It also confirmed there are no flags or marks on your credit score, so it appears you have had a lucky escape from any fraudulent activity. 

If you had been a victim of fraud, it is likely that Amex would have flagged any fraudulent activity and reimbursed you for any money lost. 

Amex wouldn't say how long it retains customer call records for, but said its policy was in line with the 'storage limitation' principle of GDPR. 

You are now considering a complaint with the Financial Ombudsman.  

How long should companies keep your data for?  

Data protection rules, commonly known as GDPR, don't give concrete time limits for how long companies can keep hold of your information. 

Instead, the law says companies should consider for how long keeping the data will be necessary. After that time passes, they should get rid of it. 

This means that companies all have different rules about how long records will be retained for. 

It depends on the type of data and what it is used for, and there is no fixed limit. 

Any data that is retained should be kept accurate and up-to-date, and reviewed regularly to check it is still necessary.