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About B733

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  1. B733

    AMEX CCA is this O.K.

    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!
  2. B733

    AMEX CCA is this O.K.

    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
  3. B733

    AMEX CCA is this O.K.

    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
  4. B733

    AMEX CCA is this O.K.

    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
  5. B733

    AMEX CCA is this O.K.

    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
  6. B733

    AMEX CCA is this O.K.

    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
  7. Yes not such a simple solution as I first thought - thanks for all your help
  8. Just as I am a long way from statute barred and I guess it's possible things could change like they comply with the CCA request - doubtful perhaps but who knows
  9. Hi the 10% works out at just over £250 - does that make a difference I must admit when I first read the single payment option I was ready to write the cheque and send off (even though PRA have told me this is unenforceable after a CCA request) but then I read the two settlement paragraphs together and felt unsure of whether the full and final settlement offer would only apply if I telephoned them Any views of this please? Wonder if anyone else has received a similar offer Thanks!
  10. Hi thanks - my first reaction was will I be opening a can of worms - then but how nice to say goodbye to one of my many debts Appreciate your quick response - I have had so much good advice on this site so thank you again
  11. Hi have had letter from PRA Group which says Settlement Offer - call now - valid until ....... We would like to advise you we may be able to offer you a repayment solution which could represent a significant saving on your balance. To discuss this repayment option, please a call a member of our team who will review your current financial circumstances to help come to the most appropriate solution for your account Single Payment option: Full and final settlement of £ (10%) Should you make the discounted settlement payment; your credit file will be updated to show as 'partially settled'. In order for your credit file to be marked as 'satisfied', the full outstanding balance must be cleared So this account is unenforceable and has fallen off my credit report and no payments have been made for a while but it is still some time to go before statutory barred and who knows whether things will change about its enforceability so I would like to go for the 10% payment but would like any advice - I am confused about the 2 paragraphs above - are they offering a full and final or does it depend on my contacting them Any help please - Thank You
  12. Hi just thought you might be interested to know there is some information on my M&S personal reserve thread from fletch70 about a recently defeated court case where it was claimed that M&S Personal Reserve was an overdraft Regards
  13. Thanks fletch70 for that information I could not get my head round why in one paragraph M&S say they have complied with S78 and in the next that actually there is no duty for them to provide copies of agreements etc etc but after reading your post and around a bit on the net perhaps they are trying to imply that account was an overdraft Think I will just write back and say they need to provide legible T&Cs - any advice on this please Thanks!
  14. Hi thanks for your reply - last time I got the same copy application/agreement form including terms and conditions which was almost illegible plus copy terms and conditions 'when account was opened' which I realised did not tie in with the actual application/agreement form terms and conditions So yes the copy terms/conditions not the right ones but the illegible one I assume must be from the take-out date just can't read them What I was just wondering is why don't they send a recon so there is not illegible problems? and also if it goes to court do they need to provide legible copy? Realy appreciate your help and such a quick response - thanks!
  15. Hi been chased by M&S wrote to them saying they had not complied with my CCA request as terms & conditions illegible Have had letter back (have set out main part below) which hopefully someone can give me some advice on ... We have complied with the requirements of s77/78 of the CCA1974 in particular we have supplied copies compliant with Reg 3(2)(b) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regs 1983..... There is no duty under the Act obliging a creditor to provide further copies of copy agreements or notices already supplied under Sections 62, 63 and 64 of the Act. These copies and notices are required to be provided to you when the agreement was made and this was done at that time. If it is your assertion that we did not comply with these sections at the time the agreement was made, we will be obliged to put you to strict proof. The agreement you have signed and a copy of which has been provided to you has been photocopied in full from our records this is a copy of the original document, front and back which carries the terms and conditions. Enclosed is a further copy of the agreement with further copy of the original tems and conditions...... would really like some help - I just don't understand the paragraph about no duty under the Act etc The copy agreement is the application form which I assume is meant to double up as the agreement - you can read my application details on it but most of the rest is very difficult and/or impossible to read - the majority of the terms and conditions are impossible to read I assume that M&S are saying that they have complied because they have supplied copies of originals docs even though mostly illegible I would really like to doublecheck that these docs need to be legible Is there something that actually makes that clear - I have been trying to research that and have come up with s2 Consumer Credit (Cancellation Notices & Copies of Documents) Regs 1983 but not sure if that applies here - any help please Thanks!
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