Hi am trying to help some elderly friends with their debt problems

they have a Amex account and they have been paying £1 a month for quite a few years

They want to try and offer a full and final settlement but it would be very low - do AMEX do full & final?

Have said that first they should get CCA which they have now done

- have attached (hopefully) the priority application form for the blue card and original conditions

- both are difficult to read

- quite faint

The application form refers to PPI terms and conditions shown in enclosed leaflet plus balance transfer details on reverse of leaflet

but no leaflet provided only one page of conditions which does not as far as I can see mention PPI or balance transfers

AMEX have also sent terms and conditions applicable at point of cancellation

but as I have never had much success at doing attachments just thought I would do 2 pages and see how it goes

Any help would be great Thanks

am (2 files merged).pdf

What year was the agreement from ?

Andy

the form indicates 2001 bottom left corner

Doesnt look compliant tbh

Hi yes it was 2001

Just wondered whether anyone can see from whats posted if it looks enforceable?

They have not received any statements for about 4 years

It really doesn't look enforceable tbh. Where's the statements, t&c changes through the life of the account etc

Hello sorry I think a bit of confusion on my part

A statement showing current balance was provided with CCA but otherwise they have not been getting statements - thought they are meant to be sent evey year/six months

Is this right and if so is it of any benefit to my friends that they have not been getting them?

Should Amex also have provided the 'enclosed leaflet' with the PPI t&c with the CCA

They have also been sent t&c at point of account cancellation which I will try and put on tomorrow

Any help thanks

If they've not been sending statements they can't levy charges and interest

When was this taken out?

Is it is still owned/paid to APEX

When did they start reduced payments?

Hi taken out in 2001

Still owned by amex - payments are being made to NCO who are acting for A Express

Reduced payments in 2006

Have had a rough calculation and it does not look as thought any interest/charges added since 2006

They are thinking of offering 25% f&f - any problems with enforceability might be helpful Thanks for any help

Stop paying NCO

They are a powerless DCA

P'haps get an sar and CCA running yes

Then review

Yes thanks

Can I ask a question which I realise I am not sure about

When is a debt statue barred

- does it date 6 years back to the last payment of the debt or the last written correspondence re the debt

I thought it was tied in to last payment

- but recently read somewhere that it can also date from last signed correspondence

Thanks for any help

it can yes

yours is with the original creditor still?

I would gather NCO's client are AMEX?

Sorry I think I am confusing things

The Amex debt belongs to friends of mine and yes NCO are acting on AMex's behalf

They are quite elderly and I think have more or less decided now to just carry on paying the small monthly amounts to their various creditors - they were hoping to try and do f&f from a small inheritance but they have now realised that they would not be any better off and might still have some of the debts

Thanks for your advice esp re statute barred - I always just saw the last payment date as being the thing to be aware of Many Thanks!

if it was sold to a DCA then the fact that letters were sent to the OC typically don't come into play as the debt buyer wont ever know they existed as they get no paperwork at all

other than a line in a spreadsheet.

its not worthy really trying to F&F an original creditor

the only light is get all the statements on accounts owned by the OC

that they still pay

and look for PPI and penalty charges

they CAN dramatically reduce what an oc wants for settling.

one of my neighbours settled a £17k debt to LLoyds for less than £3k because of bank charges

even my wildest calculations could only make those £8k