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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Amex Debit and Credit Cards


tedney
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Thanks

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Any thoughts advice please. I am trying to keep "one step ahead"!

 

I have been making regular monthly payments to a number of creditors since June 2007.

 

 

The anounts were worked out with the help of a "debt assistance" organisation.

 

I have not missed any payments, and I get the "usual" (as others have on this excellent site) ocassional letters

and chasing up which I have been able to deal with OK.

 

On checking a free credit report today,

I note that a debit card company has just last month recorded a default on my file, whereas previously late payments were indicated.

 

I have never recieved any default from them.

 

 

I have received letters from a DCA, but no mention of default.

The last correspondence, dated after the default entry, was a settlement offer, which I cannot afford.

 

Should I be concerned?

 

 

Do you think they will now ratchet up correspondence and chasing?

 

Any thoughts and advice would be welcome.

Thanks

t

Edited by tedney
typo
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  • 4 weeks later...

Since Early 2007 I have been paying monthly amounts on a charge card, following a debt arrangement plan.

 

 

The charge card company passed details some while ago (around 3 years) to a DCA who have periodically contacted me,

and ocassionaly offered reduced amount to clear debt, which I cannot afford.

 

During this time CRA's have been regularly reporting a "delayed payment" for this account on my file.

 

I note that this has now changed to a default, but I have not received any communication in respect of this from either the OC or the DCA.

 

As the title says,

anyone have any ideas/opinions as to what might happen now?

 

 

Apart from extending my "bad credit" file,

are there other implications and should I be doing anything to mitigate/pre-empt any actions that the DCA and OC might take?

 

 

I still cannot afford to pay them off, nor increase monthly payments.

Thanks

t

Edited by tedney
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Hi-just out of curiosity whi is the original creditor and who is the DCA ?

Reason I am asking is that it will assist in answering your questions to know this.

 

Also you mention a debt arrangement plan-is this something you arranged or is it through a third party provider?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi-just out of curiosity whi is the original creditor and who is the DCA ?

Reason I am asking is that it will assist in answering your questions to know this.

Amex and AIC

Thx

t

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Also you mention a debt arrangement plan-is this something you arranged or is it through a third party provider?

Through CAB. Payments have not been "officially" acknowledged by either party, and I do not recieve up to date statements.

t

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After 3 years its likely that the account has been assigned to AIC.

Have you ever asked for a statement of account to show the balance/payments made/fees and interest added ?

Under the OFT debt collection guidance you are entitled to this without charge.

On your credit file does it say when the default was registered-and who by ?

Also what is the balance outstanding ?

I think it would be a good idea to be asking for statements that cover the periods of your repayments so you can see whats what.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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After 3 years its likely that the account has been assigned to AIC.

Have you ever asked for a statement of account to show the balance/payments made/fees and interest added ?

Under the OFT debt collection guidance you are entitled to this without charge.

On your credit file does it say when the default was registered-and who by ?

Also what is the balance outstanding ?

I think it would be a good idea to be asking for statements that cover the periods of your repayments so you can see whats what.

I occassionally receive letters from DCA, not OC, indicating a total balance due, which does reflect payments made, no charges or interest are being added. Correspondence from DCA says account is managed by them (not assigned?), payments are made to OC.

CRA does not say who registered, but was just done last week. Don't want to go into too many details as am aware of visitors etc to this excellent site! Balance o/s is below £K2.

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Ok understand.

Its normal for DCAs to offer early settlement discounts.

Its quite unusual though for an account of this age that has gone to collections to be still with the OC.

Given your circumstances and the outstanding balance,its not looking like theres any formal legal action in the frame-AIC know that a Court would probably only order token payments since its not as though you are denying the debt and was paying when in a position to do so.

Were there any charges on the account that you could claim ?

 

Some reading for you;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?80307

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?79026-Amex-and-AIC

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Ok understand.

Its normal for DCAs to offer early settlement discounts.

Its quite unusual though for an account of this age that has gone to collections to be still with the OC.

Given your circumstances and the outstanding balance,its not looking like theres any formal legal action in the frame-AIC know that a Court would probably only order token payments since its not as though you are denying the debt and was paying when in a position to do so.

Were there any charges on the account that you could claim ?

OK thanks for that, and for the link on the next post too, I will look at later. Account was debit card, so was cleared each month until I ran into problems, there are just 2 return cheque charges of £15.00 each, then they stopped the account. I have not claimed for these, thinking that keeping a "low" profile might help. There was some indication and writing about "referral fees" but I wrote back and these were not added! Thanks again

t

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  • 4 years later...

I had an Amex charge card and an Amex Credit card, both of which were "cancelled" by Amex in 2007

(in the case of the charge card 2 cancellation notices were received),

all without any Default notices being received.

 

 

The charge card was taken out in 1977 and the credit card probably sometime in the 1980s/90s.

 

They were cancelled following my financial difficulties.

 

Reduced monthly payments have been paid since.

 

AIC have regularly sent "settlement offer" letters for both accounts, which I have not been able to take advantage of.

 

The payment arrangements were made with Amex.

 

There are no insurances or charges on either accounts.

 

AIC are now requesting a review.

 

Having looked through a few threads on here,

 

 

would it now be prudent to make a CCA request and/or a SAR too.

 

 

Should both these go to Amex, or AIC.

 

 

AIC letters usually state that they are "managing" the accounts for American Express Europe Ltd.

 

Any comments/views would be welcome.

 

Thanks

t

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  • 4 years later...

I made a claim on line directly to Amex on the deadline day. I supplied them with all the relevant information, and I got an email back by return on the same day, acknowledging my claim.

Since then I have not received anything from them.

They had a note on their site about a high number of claims due to the deadline, so there may be a delay, but this long?

Do you think I should just sit tight and wait?

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no ring them

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 months later...

Hello Again

In view of DX' s comments in coronavirus section, I thought I would work through the various cards etc. I am continuing to pay monthly since 2008!

I am paying direct to Amex two monthly payments one for a debit card, the other for a credit card.

I have never received statements for either card since DN's were sent. I had help from CAB at the time and am paying what the CAB suggested.

I have had no correspondence from Amex themselves, but, periodically I get an offer letter from AIC who are acting for American Express Europe Ltd, their client Their last letter was July 2019.

I obviously would like to stop paying! Should I write to Amex or AIC?

Thanks

t

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No their client

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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it is still a credit card.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

Well whether it does or not....ball is in their court now as they are in default of your request.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Thats your decision tedney...and not one we can advise on.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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