Time limit for CCA? American Express

[k1mmie]

Years ago (around 1997) my husband worked for a large company that asked the employees to have a corporate Amex card for expenses. This caused major problems as the company were not always quick enough to pay up and when we struggled at home, we foolishly had to use it for essentials. We soon accrued 2 lots of debt with them each for around £12000 (24000 total). We paid off the first amount and were struglling to make payments with thes second amount. Eventually hubby was unemployed and they got a CCJ, and a charge on property for £10000. This mount is still outstanding and when we moved 6 years ago they applied for a charge on this property and secured that. We have made some minimal payments, but not of late, as with mortgage going up (and arrears), we have no extra finance available. My question is could I still apply for a CCA as the account is obviously still open and in the hands of Amex solicitors (Brachers)? Would they have to hold this info? Would be interested to see what they hold and if this is enforceable. Any advice appreciated. The solicitors keep threatening to go for reposession. Feel like they are hanging over us.

[oneofakind]

Not sure about this. If it was a 'corporate' card, then the agreement would be between Amex and the Company, wouldn't it? You may not actually be entitled to a copy of the CCA at all!

 

I'm sure you know this already, but if there's a CCJ involved, you MUST try to keep making the payments, to stop them repossessing!

 

[sequenci]

Is it a credit card or a charge card?

 

charge cards are not regulated as you pay them off each month.

[k1mmie]

It was a charge card!

[sequenci]

I doubt it would be regulated by the CCA. ;(

[sequenci]

You could consider applyign to the court to vary the terms of the charging order so that the creditor cannot apply for an order for sale providing you pay a small instalment each month.

 

Do you know if interest is being added to the judgment?

[k1mmie]

I am not sure if interest isbeing added - but one thing is for sure - there would have been quite a lot of charges applied to the account. Do you think I could still SAR them and find out what the charges are and if they are for a large amount - apply for these? Really struggling on a monthly basis at the moment and any reduction anywhere would certainly help! Thanks for all your advice. Appreciated.

[sequenci]

Yeah I think a SAR would be worth while!

[k1mmie]

Would there be any issue with how long ago this was. or would the information still be seen to be accessible due to the fact that the debt is still "active"?

[sequenci]

that's a good point, i forgot it was 1997. I know some folks have managed to get old statements, i'm no expert in this area, however.

[k1mmie]

Just thought they obviously must still hold this info to be able to contact me every now and then and ask for payment and threaten. If the solicitors cannot provide this info then what can we do to see what our charges are?

[Maurice1977]

Hi K1mmie

 

Sorry to hear your situation. I also had 2 cards with Amex, but credit cards, they have passed the debt to Brachers who keep sending the same requests for settlement (50%) but added £3 K in charges.

 

Amex are unable to produce my CCA and Brachers have acknowledged that they only have one application, so are on thin ice, hence the offers to settle.

 

I would be interested to know what Brachers have done since your default with Amex and if they have made any offers to settle?

 

Good luck

 

M1977

[k1mmie]

Brachers have been the bane of our lives for many years now. As this has been going on for so long. At no time have they ever stated that they would accept a certain figure. We have put some figures to them in the past and they have not been very helpful. As it is £10000 still o/s, we offered them £5000 as we had the house for sale and not much equity, but could just about afford this. I went to a solicitor and they wrote explaining our circumstances, even as much to say that if we could not sell we may have to consider bankruptcy. They wrote back saying yes, we will accept that figure - WITHIN 28 DAYS.

 

Obviously this was not a done deal. The house is off the market now as the housing market is not budging. They keep sending income/expenditure forms and even though there is no spare cash, all they want to know is what is in it for them. So decided to SAR them and see what charges they hold and see if I can find out what info they hold. Take it from there.

[Tawnyowl]

Have you received requested statements yet from Amex.sent SAR to Amex and received detailed info telephone calls phone calls to DCAs etc plus six years statements.

Sounded like a brick had been posted when coming through letterbox.Hope things work out.Best wishes Tawnyowl.

I also got some help from consumer credit counseling service CCCS. Hope this helps slightly.

[k1mmie]

Hi.

 

I have not sent them a SAr as yet as I am not sure that it maybe too old! This account dates back to around 1997 and although they are still chasing and threatening to execute their charge on my property for their remaining money, I need to get some advice on this. I am hoping that as they still have the account open from a solicitors point of view that they will still hold all the necessary paperwork, but am I wrong and is it too old for me to claim (although obviously its not too late for them to claim it from me).Any advice appreciated. Good luck with your claim. Let me know how you get on!

 

All the best.

 

Kim

[Monty2007]

Hi

 

If you serve a SAR request on Brachers they will respond telling you that they are NOT data controllers and refer you to Amex. I had an Amex alleged debt passed to them and requested this information, I have complained to the ICO. Brachers made numerous threats to initiate court action against me but could not produce the CCA so they passed the debt back to Amex. Its now with another DCA who have been very quiet since I made the same request to them.

 

Brachers are easy. They will go away if they can't produce the CCA.

[Tawnyowl]

When you say you are making minimal payments on yourl CCJ does this mean token payments-eg 1.00 per month.

If your circumstances have deteriorated i think you can apply to have it varied.

Keep lender informed of trouble with mortgage- no doubt you have.

Sequenci says try to vary the terms of the charging order- seems a good idea.

I have found Stan 5131 clued up on charging order affairs perhaps you could PM him to have a look.

I am sure someone will come along and give you some help .

If you were to SAR them and cca them total 11.00 at least you will know if you are entitled to either. Maybe worth a try.Does go back a bit though - but he who dares could win. Trying to be helpful- Tawny owl

[k1mmie]

Hi Monty. That is very interesting information. My only concern if I try this avenue is a) the time period. It is well over 6 years. Does this matter if they are still chasing for the debt? b) They have a charge. Where would I stand with this?

 

Your response is very encouraging. They have given us years of hell and threats with going for posession. I would love to get rid of them.

 

Thanks

[Monty2007]

Hi Monty. That is very interesting information. My only concern if I try this avenue is a) the time period. It is well over 6 years. Does this matter if they are still chasing for the debt? b) They have a charge. Where would I stand with this?

 

Your response is very encouraging. They have given us years of hell and threats with going for posession. I would love to get rid of them.

 

Thanks

 

Have you served a recent SAR on Amex?

 

I would suggest e-mailing CurlyBen, though he may pick this up. I would not like to give any advice just in case I am wrong. Ben is an expert and I have been taking his advice, I am now with another DCA who are as useless as the rest. My objective is to get a settlement and remove the defaults. Your situation is more complex, Brachers seem to play by the rules which is a good sign.

[k1mmie]

Hi Monty

 

No I haven't had any contact with CurlyBen. Could you give me link or details on how to contct him. Would be handy to have some advice as we plan to SAR Amex very soon. All the best. Kim