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SLH542000 v American Express (Platinum Credit Card)
Hi
Just started proceedings with Amex yesterday, begining with S.A.R - (Subject access request) request, sent with a tenner via recorded delivery.
Now, my history with Amex wasn't good. Basically ended up with them serving me with a default notice on my credit record, and debt collectors being involved. (only ever by telephone)
Firstly a firm called Newman and Co, and now a firm called RMA. (both of whom hassle you to death!)
I've got questions with this one though. The fees involved with Newman and Co, and also RMA seem to be extortionate. I have entered into a repayment process (300 a month), and the balance for the account has come down from almost 8 grand, to about 4k to date (still paying off every month)
I suspect the reason I defaulted in the first place was due to the excessive charges placed on my account by American Express.
1st Question: If (when I receive my statments) it appears Amex charges were the reason for the default, can I get it removed?
2nd Queston: It's one thing getting a refund on charges from Amex (big firm), but what about dealing with DCA's like RMA and Newman and Co? Anyone have any experience? Should I send S.A.R - (Subject access request)'s to both these firms to see where I stand? (have lost track of how much I paid to either of them - never received any statements from either firm!)
Re: SLH542000 v American Express (Platinum Credit Card)
1st Question: If (when I receive my statments) it appears Amex charges were the reason for the default, can I get it removed?
Yes
2nd Queston: It's one thing getting a refund on charges from Amex (big firm), but what about dealing with DCA's like RMA and Newman and Co? Anyone have any experience? Should I send S.A.R - (Subject access request)'s to both these firms to see where I stand? (have lost track of how much I paid to either of them - never received any statements from either firm!)
Re: SLH542000 v American Express (Platinum Credit Card)
Hi do you have the Contact address to send SAR for Amex - can't seem to find it through the forums.
Thanks
Thanks Foaf26907
Claim filed 30/01/07
2nd Request £1500 nov 06
Prelim Request £1500 16/10
Lloyds Data Protection Act 07/08
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Abbey Credit card settled £266 11/06
NatWest paid in full £3770 04/08/06
Hurray Halifax Paid in full £1820.00 28/05/06
My monthly statements state a "Monthly interest rate" of 1.46%
Now, I know people have claimed for 8% interest, but I want to claim the contractual interest rate, as that's what they charged me on their £20 charges (as it was always added onto my balance!)
To get the annual rate (which i need to input into Vampiress' Spreadsheets) do I simply mulitply the 1.46% by 12? or is it more complicated than that?
Mr Ian Hayward acknowledged reciept of my plreliminary letter, and assured my I will have a response within 28 days.
Should I carry on with the lba 14 days from now if I haven't received a reply? or should I wait and see what they come back with? - Don't want to seem to be too unreasonable incase we see the inside of a court room!
Re: SLH542000 v American Express (Platinum Credit Card)
No reply from these guys - guess I better start drafting my letter before action. They didn't come across as a company who wanted to settle, so I guess I expected it!!
The CCA request obliges them to provide you with a true copy of the Agreement. There are deadlines and if missed they are liable to hefty fines AND the debt is unenforeceable.
There is an interesting extension to this in Section 85. Credit-Tokens: had your card renewed ever??? then the CC company are obliged under the legislation to provide you with a true (your signature) copy of the agreement with T&Cs EVERY TIME it renews......
Check them out, you might find you can suspend payment or even demand all the interest and charges returned!!!