Jump to content


Registered Users

Change your profile picture
  • Posts

  • Joined

  • Last visited

Everything posted by ManSizedRooster

  1. God bless you citizenB. I'd put all this behind me for the past 4 years and got on with my life. CAG is still here, selflessly helping people. Donation on its way!
  2. Hi Did you give them a deadline to reply by? If they don’t reply with a valid CCA in that time then send them an account in dispute letter (in the letter templates library). Whilst the account is in dispute they (nor their DCA) can’t pursue you for the debt (if they try there’s a letter for that too in the library).
  3. Dear Caggers The last time I had anything to do with AMEX was in 2009,when in response to a CCA request (for a debt dating back to the early 90s) they sent me an application form with the Prescribed Terms in a separate T&Cs document. I replied setting them straight in their error (sig and prescribed terms in four corners of document etc) and left it that they should no longer pursue me as they cannot prove the debit. They appeared to have taken this advice until last week when I received a letter from AMEX telling me that the account had now been closed, payment in full is due immediately, and that they are referring the debt to a DCA! I assume that they had hoped that if they left it 4 years, that I might forget their CCA failure, or that I might not have the original letter, envelopes and recorded delivery receipts. Wrong! So, do I just ignore them, or do I remind them that the account has been in dispute since 2009. Should I complain to the OFT that they’re harassing me? Cheers MSR
  4. Ok it looks like I may have found the disappointing answer (see attached). So it seems that I can instruct a company to patrol Sainsbury’s car park, sign a contractor saying that I'm authorised (though I'm not) and they can go clamping and not be accountable. ‘Sorry M’Lud, but the claimant signed a contract saying he was authorised to appoint us to clamp on the Pal Mal’. Nice. Also, as it happens, my lease says that I am allowed to use the car park, so they've interfered with my right under my lease.
  5. Dear All I live in a block of flats (leasehold) with private parking. Some of the tenants decided to employ a clamping company to manage the car park. They did this without permission from the freeholder. I was twice clamped and had to pay £225 for release. It transpires that not only did the freeholder not give permission for a clamping company to be employed (as they were never asked), but that they have never given permission for the space to be used as a car park in the first place. So, my question, given that it is over a year since I was fined, can I write to the clamping company and ask for my money back on the basis that they never had a legal right to patrol the site as they had not been given the freeholders permission? Regards MSR
  6. So, in short, you can send a CCA request, get some unenforceable document in response, jump through a whole bunch of hoops in court and in the end they can forge your signature on a copy of an enforceable agreement and you can't forensically proove it. Looks like game over for the 'uneforceable CCA due to lack of prescibed terms' argument. Bum.
  7. Well it's a learning curve and CAG is our university. Take control over the DCA's, they're powerless puppets, they can't take legal action against you (only the creditor can do that), all they can do is try and scare you by assuming that you are ignorant (which you're not) and barking at you. I think Eversheds are actually the least offensive of the lot judging by what I've read on these forums. More power to you shafted. MSR
  8. Umm this is interesting, would you mind elucidating a little further on this?
  9. If you increase the offer until they bite you may find that they bite at 100%. I think you have to play harder. Remind them that the CCA if unenforceable, state that under the circumstances the f&f offer was generous, withdraw the offer and cease with the monthly payments if you haven’t yet done so. Actually, on that last part, bear in mind that they can default you for non payment. Default is not a nice place to be. On the upside if they’ve defaulted you already then it’s game on.
  10. My thinking was that the DCA would need to refer to their client for acceptance of F&F (unless they were given discretion to make that decision), and they are generally foul to deal with, so I thought it would be better to deal direct. Still, it's all the same in the end, personally I'd rather deal with the organ grinder than the rude, ill-educated arse scratching monkey.
  11. Never give them this info or they’ll use it as a stick to batter you. Keep them in the dark. Their MO is 1) Get as much info about you as possible 2) Get you pay as much as possible 3) Use 1 to achieve 2. I got that from a post on this site about life working in a DCA. I got the same forms to fill out and return from Eversheds and it’s nonsense, I ignored it an used a template from this site instead. I particularly liked that they suggest you tell them how much your car costs, but don’t include petrol, Idiots. Plus the notion that they can't accept an offer of repayment without proof of income is drivel. If you offered them £200 a month on a £2000 debt they'd bite your hand off regardless whether or not you sent them POI. MSR
  12. My approach Billy is to refuse to have anything to do with the DCA’s. I ignore their letters and their phone calls, I only deal directly with AMEX. If the account is in dispute the DCA’s shouldn’t be contacting you anyway.
  13. Dear Caggers No doubt all of you who are challenging unenforceable CCA’s on the basis of prescribed terms missing from the signed document, have received from AMEX a copy of T&C’s on a separate document and an argument that this forms part of the agreement. How are you arguing against this and what success are you having? Also, have any of you been taken to or threatened with court by AMEX over non enforceable CCA’s? I know some of you have been to court with AMEX for faulty DN’s, but what about CCA’s? Cheers ManSizedRooster
  14. It was Full and Final. It was at the time when there were rumours that AMEX was struggling. I didn’t have the money to accept the offer so I missed out. What’s your angle for F&F, unenforceable CCA? Who's the DCA ?
  15. Hi It was an offer from AMEX but not on the basis of a CCA request or anything, it was just out of the blue. That was on a £4000 debt. MSR
  16. 100 pence in the pound:-D Sorry, that's not very helpful, then again neither are shAMEX. Best I had was an offer from them of 75p in the pound. I assume your going to make them an offer?
  17. Thanks for the replies. It was just a theoretical question. I'm withholding payment from AMEX as a result of an unenforceable cca. The DN dropped off my credit report last year, however I was concerned that they would default me again. I believe that if you withhold payment due to an unenforceable cca, your creditor can default you, as in MCGuffic vs RBS. DN’s are hard work to live with and I certainly don’t want another. Thanks again MSR
  18. Dear All If, six years after having been defaulted, you fail to keep up payments as part of an agreed payment plan, can your creditor default you again? In particular, if you withhold payment as a result of an unenforceable cca for instance? Cheers MSR
  19. Quite honestly if you're asking this question you're probably not ready to start legal proceedings against AMEX. You need to have a visceral understanding of your argument and be able to communicate it clearly. As ever good luck in your pursuit, but please don't give AMEX an opportunity to own you
  20. Full and Final settlement. You make them an offer of reduced payment, say 50p in the pound, to go away, mark the debt as settled with the credit agencies, and never darken your door again.
  21. Dear All After a long wait, below is the ‘Final response’ from AMEX. They appear to be arguing that the prescribed terms are in the ‘Terms and Conditions’ document which I agreed to be bound by, and are therefore enforceable. Now, I don’t agree with that in that the prescribed terms have to been contained within the 4 corners of the signed document, however there are two points that concern me. Firstly, they state ‘When entering into a Credit Card Agreement with you, we are required to send you three copies of the Agreement. The first copy (sent out as an application form).....’ Well, I have the copy sent out ‘as an application form’ (see above), and it lacks prescribed terms etc. My concern is the ‘other copies’ and what they contain. Now I assume that the reason I haven’t been sent these other copies is because AMEX are not obliged to send them under the s77 request and they have complied with my request by sending the signed application form. So I assume that I will have to make a request pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) to see the other agreements. My second concern is thus. The signed application form above is of the type that has a detachable portion, so that it can be folded to create an addressed, pre-paid envelope. The geniuses at AMEX designed it in such a way that the detachable area contains some of the terms and conditions (rather than have the detachable portion contain marketing bumf) and I suspect the prescribed terms where contained therein. Therefore, should this go to court, I don’t think it would take much for a solicitor to convince a judge that the prescribed terms would have been present in the detachable portion at the time I signed the document, although they can’t prove this. Thanks in advance for any helpful opinions and insights. Regards MSR
  22. Yes that's what I'd be preparing for too. Have there been many successes were an unenforceable cca has been challenged and won on the basis that is was missing the prescribed terms etc? I haven’t seen any yet. Usually it seems that a person has won on some other point ie sent cca request, came back missing prescribed terms, disputed, defaulted for non payment and then won in court because the default wasn’t executed properly.
  23. Hi AWE What is the end result you want to achive? Have them wipe the debt? Or maybe accept a one off payment at 25% of the debt? Surly the idea is to cca them, and when they fail to produce a valid cca you put the account into dispute and stop paying them. I’m surprised you’re still paying them. At some point this situation will come to a head in that they a) wipe the debt (not likely), b) take a reduced payment as full and final settlement or c) take you to court, but until this time you just keep the account in dispute and withhold payment. Regards MSR
  24. I'd just discount the bank holidays. Besides FF can say what they like, they've already failed to comply with the request, the 14 days is an extension that you have elected to give them by your good grace.
  • Create New...