It is definitely statute barred!

There's been some argument on the forum about whether the six years starts on the date of the last payment, the date of the first missed payment, or the date of the default because this is when they have a cause of action against you. I think it's now considered to be the date of the default.

I assume the first letter was giving you 14 days to pay, and the second one on 31st October was also terminating the account as you hadn't paid?

My timing is about the same as yours and as far as I'm concerned they've had well over six years to do something but haven't so it's now SB.

I know for a fact that the T&Cs they said were on the back of my application form could not have been there and I told them I could prove it.

They tried one pretty useless DCA who was seen off with one letter, and about a year ago I got statements for about four months and letters offering up to 60% discounts. When they start offering those I think they are admitting that they know they have an unenforceable agreement.

DD

It is definitely statute barred!

 

 

There's been some argument on the forum about whether the six years starts on the date of the last payment, the date of the first missed payment, or the date of the default because this is when they have a cause of action against you. I think it's now considered to be the date of the default.

 

 

I assume the first letter was giving you 14 days to pay, and the second one on 31st October was also terminating the account as you hadn't paid?

 

 

My timing is about the same as yours and as far as I'm concerned they've had well over six years to do something but haven't so it's now SB.

 

 

I know for a fact that the T&Cs they said were on the back of my application form could not have been there and I told them I could prove it.

 

 

They tried one pretty useless DCA who was seen off with one letter, and about a year ago I got statements for about four months and letters offering up to 60% discounts. When they start offering those I think they are admitting that they know they have an unenforceable agreement.

 

 

DD

This is the wording on the 2 DN's

This one dated 12 October 2008

Membership Number: xxxxxxxxxxxxxxx

 

Re: AMERICAN EXPRESS CREDIT CARD ACCOUNT

 

 

DEFAULT NOTICE SERVED UNDER SECTION 87(1) OF THE CONSUMER CREDIT ACT 1974

 

 

IMPORTANT - YOU SHOULD READ THIS CAREFULLY

 

Dear Cardmember,

 

We refer to the American Express Credit Card Agreement with reference to the above membership number between you and American Express Services Europe Ltd. You have failed toi make the minimum payments due to your account as required by clause 3 of the terms and conditions governing the use of the American Express Credit Card. To remidy this breach the payment due on your account of £80.00 must be received within 14 calendar days from the date of this default notice.

 

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN, NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH. IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.

 

1. The Agreement will be terminated.

 

2. All sums outstanding on your account plus interest will become immediately due and payable.

 

3. Your account may be referred to a debt collection agency and you may be charged for any costs which American Express incur in recovering any overdue amount from you as stated in Clause 7.2 of the Terms and Conditions governing the use of the Credit Card.

 

4. No further use may be made of the Credit Card account and we will take any necessary action, including court action, to stop further use.

 

5. Information regarding the status of this account will be reported to a credit bureau where is will remain on record for 6 years.

This one dated 31 October 2008

Dear DORITO, MR S

 

Re: AMERICAN EXPRESS CREDIT CARD ACCOUNT

 

 

NOTICE OF DEFAULT SUMS SERVED UNDER SECTION 86(E) OF THE CONSUMER CREDIT ACT 1974

 

 

We are writing to you because you have been charged default sums, the amount of which are described below.

 

Details of Default Sums

 

(a) Amount Due £ xxx. xx as you have been charged an account administration fee.

(b) Payment Due within 4 days of postmark.

 

Total amount of default sums, see above £.xxx. xx

 

This notice does not take account of default sums which we have already told you about in another default sums notice, whether or not they remain unpaid.

 

Yours faithfully

 

 

DN is invalid at least on the point of 14 days

it must be a date in the format DD/MM/YYYY

it must also be a date more than 14 days + postage AFTER the date of the letter.

dx

So long as it is statute barred it's OK with me.

The last time I checked my credit file (Nov last year) it wasn't on there anyway.

I'll leave it for now I think and if my parents get any more of their post I may just fling off the statute barred letter.

Thanks

Yep that's the way to handle it, no communication unless they continue to rattle your cage,

then fire off the SB letter.

BTW, was this statement from Advantis or was it the actual statement sent directly from Amex?

BTW, was this statement from Advantis or was it the actual statement sent directly from Amex?

Hi,

For the first time in a number of years this statement actually came from Amex and not ne of the many DCA's that they have been using.

Do you think this means the DCA's have told them it is unenforceable and now Amex are simply fishing?

Yes, I do.

Mine also had a note on it on the second page, under the various charges, telling me to deal directly with the DCA handling my account - but there is no DCA handling my account!!!!!!