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Hello everyone, Im a newbie here and would like some opinions please.
I got an Amex platinum Card in June 2005. By mid 2006 I was in trouble financially and to cut a long story short I became unable to make payments on the card. There was 9,980 owed.
If i recall correctly I may have received a couple of letters from Amex asking for payment.. BUT very very soon after I received a letter from a large solicitor firm telling me that they have been instructed by Amex in connection to this matter.
The letter said: " This letter constitutes formal notice of default and the agreement between you and our client is to all intents and purposes inoperative as our clients have cancelled the card"
They then requested payment of 10,000 PLUS referall fee of almost 2,000
to be paid within 48 hours (!!!) or they would start proceedings. I was amazed at the fact they they only gave me 48 hours even though they obviously knew I couldnt pay the funds at all.
I should let you all know I was a home owner at the time and its obvious know that they were aware of this so they decided to immediately and ruthlessly attack me. I say ruthlessly because from the time I received this first letter to them petitioning for bankruptcy was a matter of weeks! There was non negotiating whatsoever, no trying to understand, nothing..
Those few weeks were some of the worst weeks in my life. The stress, anxiety and weight on my chest every moment was unbearable. Seeing my name on the Bankruptcy Hearing List just weeks away made me panic and I remortgaged my house with horrible rates to be able to pay them off and dismiss the petition. I was in the end relieved to have paid them over 12,500 but in fact I was even deeper in debt.
Anyway, fast forward to 2010, all debts are gone even though its hell for a few years. IM not a home owner anylonger though sadly
Now Ive been hearing about these CCA requests and agreements being unenforceable etc and I thought Id throw my case out there (well, an outline of it) to get some feedback as to whether there is any chance I may have been unlawfully petitioned for bankruptcy, if ofcourse the CCA is deemed to be unenforceable?
Would I have a case in getting those funds back, or at least the interest, solicitors fees etc if CCA was deemed to be unenforceable?
IM completely in the dark. I have had a thorough search on CAG but began getting flustered and thats why Im asking for a 'hand' or an opinion on this.
Will be eagerly waiting to read some replies from knowledgeable people.
Newmans are the absolute worst (and I've had loads of experience with DCAs). I got into trouble with Amex a few years ago, wrote to them to explain my situation and proposed a reduced repayment plan (like all the newspapers naively advise you to do). My letter was ignored and Newmans harassed me relentlessly. BUT I think their bark is worse than their bite - they sort of disappeared after my CCA request. My file has been passed to solicitors and DCAs, all of whom backed off after I stood up to them.
It's ended up as a court claim, filed by Brachers solicitors (who have whacked on over £2,000 in legal fees - for 2 letters!) - it was stayed, pending the outcome of the Manchester test cases. I've recently rec'd a letter from Brachers, admitting the 'agreement' is irredeemably flawed but insisting that it's enforceable (!!) and asking me to offer a reduced sum as settlement. I'm not interested in that and will play the court scenario out.
Good luck to anyone dealing with Amex - but just keep batting the nasty letters back with nastier ones. if nothing else, it will buy you time.
Forgive me if im wrong, and maybe I am with being out of country for so long, but if the original debt is not 'secured' on property and you make an offer of a payment arrangement, with a financial Breakdown showing how much you can afford to pay, as well as send money pursuant to your proposals - regardless of their refusals - then how can they bankrupt you in court?
Does the old method of sending creditors your plans (and payments under those plans) directly not stop them from going to DCA's and whacking these £2k charges on top any more?
In terms of the banks/creditors behaving in a civilized manner.....I think those days are long gone. Not one of my creditors responded to my proposals. They go straight for the jugular in the hope that intimidation and bullying will get a result. The DCAs also buy these debts at a considerable discount so even a marginal result is gravy to them.
The £2,000 is in respect of 'legal fees'. AND Amex has continued to compound interest on the account - over almost 4 years whilst it's been officially in dispute!!
Wow. Yeah i suspected those days wouldnt last, but i would imagine there are ways to carry them on? When sending them debt repayment plans, instead of sending cheques they may never cash, why not just pay the amount specified in your payment plan directly to their bank (as detailed ont he old credit card bills) via a transfer - including your account as reference (while ensuring the payment plans are delivered to them via special delivery mail to ensure the got them).
If they dont refund those bank transfers, then surely they accepted them, and as such implied a new contract based on your proposals?
Just a guess. im probly wrong
2000 in legal fees seems way out of line. is there no way to quantify these?
I never progressed that far with any creditor. It's entirely possible that a formal arrangement can be instituted but I'm beyond the point of no return!!
Are you though? If the debt hasnt been sold, its still owned by Amex, regardless of who is 'representing' them on a legal front - be it their internal collections or external solicitor.
I hope your court case plays out well, i think at least you have some grounds to fight the £1k per letter charge during that case surely? I vaguely recall some precident a long time ago saying there was a max charge per letter. Ask them for a full Breakdown of the charge and what it entailed maybe?
American Express - Bankruptcy!
platinum Card in June 2005. By mid 2006 I was in trouble financially and to cut a long story short I became unable to make payments on the card. There was 9,980 owed.
but began getting flustered and thats why Im asking for a 'hand' or an opinion on this.
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Re: American Express - Bankruptcy!
Originally Posted by billyray
