American Express Unaffordable Lending Claims
American Express is not where most unaffordable lending complaints happen — but they do happen, and if Amex gave you a credit card or credit limit you couldn't realistically afford, the same FCA rules apply to it as to any other issuer. This page explains how Amex affordability complaints work, why the product you held matters more than usual, and how to check your eligibility.
In this guide
- About American Express Cards
- Charge Card or Credit Card — Why It Matters
- Was Your Amex Unaffordable?
- Common Patterns in Amex Complaints
- How an Amex Claim Works
- Time Limits
- Frequently Asked Questions
- Related Guides
Check your agreements on Recoup, our claim partner's site
How much could your claim be worth?
Try our credit card refund calculator — free, takes under a minute, and uses the official figures for this claim type.
About American Express Cards
In the UK, consumer cards are issued by American Express Services Europe Limited, authorised and regulated by the Financial Conduct Authority under FRN 661836. Amex issues both credit cards — where a balance can revolve from month to month with interest — and charge-style cards designed to be cleared in full every month.
Amex's customer base skews more affluent than the issuers that dominate affordability complaints, which is why complaint volumes are lower. But affordability duties don't switch off for premium brands: a revolving balance at a four-figure limit granted to someone who couldn't sustain it is the same regulatory failure whoever issued the card.
Charge Card or Credit Card — Why It Matters
An unaffordable lending complaint is about revolving credit — interest charged month after month on a balance that never really falls. That's a credit card problem:
- Amex credit cards (and credit-card-style products) can carry a balance and charge interest, so the standard affordability and persistent debt rules apply in full.
- Charge cards must be repaid in full each month. There's no revolving interest to refund, so an "unaffordable lending" complaint in the usual sense doesn't fit — though complaints about fees, spending limits granted irresponsibly, or how arrears were handled can still be made.
Check your statements: if you were paying interest on a carried-over balance, you held revolving credit and this page applies to you in full.
Was Your Amex Unaffordable?
Under CONC 5.2A, Amex must carry out a reasonable and proportionate creditworthiness assessment before opening a credit account and before each limit increase. The persistent debt rules (CONC 6.7.27R to 6.7.40G) also required it, from March 2018, to identify customers paying more in interest and charges than they were repaying, and to intervene. Your Amex may have been unaffordable if:
- Limit increases were granted while you were only making minimum payments
- Your balance sat near the limit month after month, never really falling
- You were using the card for essentials because your income didn't cover them
- The account was opened, or the limit raised, while your credit file showed strain elsewhere
- You were paying more in interest each month than you were clearing off the balance
Common Patterns in Amex Complaints
- High limits granted on stated income. Premium cards often come with large limits; where income wasn't meaningfully verified, a large limit can institutionalise a debt someone could never clear.
- Limit increases into persistent debt. The pattern the FCA's rules exist to catch — increases granted while the account already showed minimum-payment behaviour.
- Balance transfers and spending that outran the recovery plan, with the issuer collecting interest rather than intervening.
How an Amex Claim Works
- Eligibility check. Free, takes minutes, no paperwork needed.
- Evidence gathering. Statements showing the balance pattern, the interest paid, and your circumstances when the account was opened or the limit raised.
- Complaint submitted to American Express Services Europe Limited. Eight weeks to respond.
- Response. Upheld, partially upheld, or rejected.
- Escalation to the Financial Ombudsman if needed — free of charge, binding on the issuer if you accept.
A successful complaint typically refunds interest and charges on the portion of the balance above the last affordable limit, adds Ombudsman interest, and corrects your credit file. For a rough figure, try our credit card refund calculator.
Time Limits
Six years from the lending decision (the opening or the limit increase), or three years from when you knew — or ought reasonably to have known — you had cause to complain, whichever is longer. See how far back can I claim.
Frequently Asked Questions
I had a Gold or Platinum charge card. Can I claim?
Not on unaffordable lending grounds in the usual sense — charge cards don't revolve a balance, so there's no ongoing interest to refund. If you later moved to (or also held) an Amex credit card that carried a balance, that account can be looked at.
Amex is an American company. Do UK rules apply?
Yes. UK consumer cards are issued by American Express Services Europe Limited, a UK-regulated firm, so FCA rules and the Financial Ombudsman apply exactly as they do to any UK issuer.
My limit was huge but I never missed a payment. Is there a claim?
Possibly. Sustaining payments by going without essentials or borrowing elsewhere is what the rules call unsustainable — and persistent minimum payments on a large balance are exactly the pattern the persistent debt rules target. See what is persistent debt.
Related Guides
- Credit card claims hub
- Credit card refund calculator
- Were your credit limit increases unaffordable?
- What is persistent debt?
- The CONC rules on affordability
Check If You Could Be Owed Compensation
You may be eligible to complain if a lender gave you credit you couldn't afford. Start a free check in minutes — no paperwork needed. No win, no fee if you choose to proceed.
