Hi. Any idea if this is enforcable? I have a notice of cancellation, and a DCA is attempting to recover. The agreement is shown on post number 8 in this thread. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/201111-amex-help-needed.html Many thanks

Thanks Shadow, but I don't quite understand, what should they have done different? Any source available that I could quote at them? Also, any thoughts on the validity/enforcability of the "application form" with "customer copy of terms and conditions" in message 8 on this thread? Thanks

Would you not have a have to demand the original regardless of what the judge intended? "Give me a couple of hours and I could produce a better copy than that!";)

Final DN AmexDNfinal.pdf

First DN AmexDN1.pdf

I got this back from them. AmexAgreement1.pdf

I sent this in response to the DCA's initial enquiry: I confirm that I have received a written communication from you dated 11th May 2009 wherein you make reference to the above matter. It is apparent that you are acting on the presumption that some relationship that you may have with American Express, is in some way related to me. I am not knowingly a party to this implied relationship you have with American Express, either directly, indirectly or by means of any tacit consent. Please provide verification of your claim, including a lawful contract, signed by and therefore binding both parties; a hand signed invoice in accordance with The Bills of Exchange Act 1882 and proof of agency within ten (10) days from the above date so that I may settle any financial obligation I might lawfully owe. I have asked American Express for this information but have yet to receive a reply. I have also tried on 3 occasions by phone to get American Express to accept the new correspondence address for this account without success. I have finally had to send them notice in writing of the correct address, which is the one given above. The address above is the only address at which correspondence can reliably be received and answered. Failure to provide verification of your claim will constitute your agreement to the following terms: that you are a third party interloper; you have no legal standing; no first-hand knowledge of this matter; your claim is fraudulent; any damages I suffer; you will be held culpable; that any negative remarks made to a credit reference agency will be removed and that you will no longer pursue this matter any further. Should you provide sufficient evidence that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to negotiate payment of any verified claim. I feel this matter is serious and wish to deal with it in writing. I do not give you permission to contact me by telephone. I will be logging the dates and times of your calls and messages and should they continue, I must warn you that they will now constitute ‘harassment’ and I may take action under Section 1 of the Protection from Harassment Act 1997. I may also take further action under the Administration of Justice Act 1970 S.40, which makes it a Criminal Offence for a creditor or a creditor's agent to make demands (for money), which are aimed at causing ‘alarm, distress or humiliation’, because of their frequency or manner.

Thanks smouk, The DCA are chasing the full balance plus a £984 referral fee! Total around £6500. I will get a photobucket account this eve, and post scans. They have asked me to deal with the DCA instead of them, which I haven't agreed to yet. The debt has (according to the DCA) not been sold.

3rd time lucky? Hi. My credit card account with Amex is in default, and I had letter from a debt collection agency. I wrote back asking for "a lawful contract, signed by and therefore binding both parties" as well as validation of the debt (the actual accounting) and proof of agency. The DCA have sent a signed application form which an Amex representive has also signed: authorised by AMEX: (their signature & date stamp) They have also sent a customer copy of credit agreement, which has spaces for cardmember name, address, signature of borrower(s), date of signature(s) and Authorised by AMEX & date. All these are blank. The application form (signed) shows no details like credit limit, repayment details etc. The blank agreement has all this. Is it likely to be enforceable? What has to be on it to make it enforceable? Year of application is 2003. Sorry for the basic questions, but I need to give them a fairly quick reply. "That's not a contract, neither is it enforceable" would be good Any help or advice would be greatly appreciated.

Hi. My credit card account with Amex is in default, and I had letter from a debt collection agency. I wrote back asking for "a lawful contract, signed by and therefore binding both parties" as well as validation of the debt (the actual accounting) and proof of agency. The DCA have sent a signed application form which an Amex representive has also signed: authorised by AMEX: (their signature & date stamp) They have also sent a customer copy of credit agreement, which has spaces for cardmember name, address, signature of borrower(s), date of signature(s) and Authorised by AMEX & date. All these are blank. The application form (signed) shows no details like credit limit, repayment details etc. The blank agreement has all this. Is it likely to be enforceable? What has to be on it to make it enforceable? Year of application is 2003. Sorry for the basic questions, but I need to give them a fairly quick reply. "That's not a contract, neither is it enforceable" would be good:) Any help or advice would be greatly appreciated.

Hi. My credit card account with Amex is in default, and I had letter from a debt collection agency. I wrote back asking for "a lawful contract, signed by and therefore binding both parties" as well as validation of the debt (the actual accounting) and proof of agency. The DCA have sent a signed application form which an Amex representive has also signed: authorised by AMEX: (their signature & date stamp) They have also sent a customer copy of credit agreement, which has spaces for cardmember name, address, signature of borrower(s), date of signature(s) and Authorised by AMEX & date. All these are blank. The application form (signed) shows no details like credit limit, repayment details etc. The blank agreement has all this. Is it likely to be enforceable? What has to be on it to make it enforceable? Year of application is 2003. Sorry for the basic questions, but I need to give them a fairly quick reply. "That's not a contract, neither is it enforceable" would be good:) Any help or advice would be greatly appreciated.