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Hi Caggers, I CCA'd Am Ex due to financial difficulties and the fact that they were both agressive and harrassing upon non payment. 3 and 4 calls a day from first thing on a morning and often on a weekend. Within a couple of months they had passed on the account to Newmans who have written to me on several occasions with demands for payment. When I CCA'd Am Ex, Newmans forwarded the attached within a couple of weeks however they sent me another letter within a week of receiving the aleged agreement demanding immediate payment. Could any of you have a look at the attached and let me know your thoughts regarding enforceability
Anyway, from that application you posted, it is devoid of any KEY terms
NO APR
NO credit limit (or a statement saying one will be set)
NO repayments terms
It also states that you have read and understand the terms and conditions associated with this agreement. ERM what terms as it's an application form
fox
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
Thanks silverfox1961. Newmans havent rang me yet but have been quite agressive with the contents of their letters. I have just fired off a letter to them so will update you on their reply in due course
Sent a letter to Newmans but in the meantime they have sent one back stating I havent replied. Threatening doorstep collection in 5 days. They are certainly the most agressive DCA to date
Unenforceable as it stands although be wary of them claiming anything in the carey vs HSBC manchester ruling (on assumed evidence it should be said at present) helps them in reference referring to terms and conditions sent as part of a "document package".
Bemused letter to Newmans and state account in dispute with Amex
IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
Afternoon caggers. Just thought I will give you an update and to post up Am Ex T&Cs and an alleged Copy of my Agreement. They have also resent my 60 second application (previously posted). If any of you kind folk can advise further it would be appreciated. Just to point out that the alleged copy of my agreement they have sent me is dated January 2004. My signed 60 second application was signed early 2003
Two automated letters arrived today. 1 threatened imminent legal action and the other offering to knock 25% off what I owe them with a note on the credit file stating default satisfied
I am considering refusing their offer (as I can't afford it) and stand firm on the default issue but would really appreciate some concise advice regarding this.
Two automated letters arrived today. 1 threatened imminent legal action and the other offering to knock 25% off what I owe them with a note on the credit file stating default satisfied
Firstly, don't talk to the DCA - there is no need to - they have no say in the matter and are only there to try and make you itch.
Secondly, are you paying the OC anything now?
Thirdly, have they defaulted you or are they likely to soon?
.....and finally, if a DCA insists on pushing the 'doorstep collection' line just tell 'em that they're £22.99 in Wickes at the mo' so it would be far more cost effective for their client to just pop along there.
Two automated letters arrived today. 1 threatened imminent legal action and the other offering to knock 25% off what I owe them with a note on the credit file stating default satisfied
Ah, they have defaulted you then. Can you post a copy of any DNs received?
"...before the date shown" - sweet. What date? Think this might give you another angle. Any DN experts got any thoughts?
Amex have gone from one extreme of not giving correct service days in numbers to giving an ambiguous comment about when you have to respond to.
Does the layperson in the street mean when it states "fourteen calender days from the date of service of this notice of default"..
Do they mean 14 days from when it was sent, 14 days from when its received or 14 days from the 2 days after it was posted or 4 days if 2nd class....
IMVHO they've left themselves even more exposed now as to when its required to be rectified by and thus the key point of a default notice in that the debtor is given a CLEAR indication of what is required to rectify the default and WHEN IT MUST BE RECTIFIED BY.
Also anybody who has a current court case involving amex and the old style default notice can clearly take heart that this new one is an attempt to fix the service days problem but badly implemented i feel. Thank god!
IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
Hi smouk and Shadow and thanks for your prompt replies. Not that I know much about these but I was certainly confused by the contents of the letter. I wrote to them stating that I wasnt prepared to accept their offer and await their reply in due course
Newmans are idiots IMO - I would just deal with Amex if I were you. Newmans will get sick of you pretty quickly and pass you on to other DCAs further down the food chain (if it's possible to go further down... perhaps just sideways would be a better term?) so they're not worth bothering with at all in my view
Dear oh dear. Poor Amex. They know full well that their DNs are defective and instead of putting them right (a tantamount admission that their old style DNs were useless) they go for a half-way fudge that keeps them in as big a hole but they're hoping they can hoodwink more customers and, more importantly, county court Judges.
I get the very distinct impression that Amex's web of lies is going to entrap them very, very soon.
Defective DN, unlawful termination = they can only sue for any arrears. Defend on defective DN, unlawful rescission of contract and insist on them producing the ORIGINAL contract.
They will use Brachers or some other useless firm of solicitors to begin with, then pull a fast one right before court with a change of solicitors to Mischon de Raya who's tactics will be to serve multiple skeleton arguments upon you and a huge bill of costs. All intimidatory tactics. Against CPR and solicitors / barristers codes of conduct. So prepare your complaints to the Judge and regulatory bodies ahead of time.
Their latest tactic is to, how shall I put this, 'recreate' your 'original' contract so when you get to court stage I'd consider employing an Expert Witness to examine the "original" for you.
Read a thread called Shakespeare62 - v - a NastyBank - page 22 onwards is particularly interesting.
You need to prepare for a nasty fight, but it is one you should ultimately win looking at the documents you have posted above.
Here's a free tip for any Amex/MdR people looking in.
You might have enough money to dig a big hole, a very very big hole but there is going to come a point when you're going to have to stop digging and consider getting out of said hole. The deeper you dig this hole, the harder it's going to be to extricate yourself from it!
The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.
Agressive AM Ex
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Originally Posted by stevehatesbankers
