AMEX & AIC & Newman

[Blue Thunder]

Hi - I posted on here back in July when I was having trouble with AIC trying to collect on behalf of AMEX. Anyway after requesting a CCA, eventually they sent me a copy of it ( this was the original Credit Card Application form - from a mail out they sent me.) It was only the application form though. I HAD signed it in a box underneath the term ' This is a Credit Card Agreement regulated by the CCA of 1974.......'

There was NO signature on this form where it stated 'authorised by AMEX' although it did have an 'Approved' stamp plus a signature, but not dated on it. This form goes back to 2001.

This was sent back to me with an apologetic letter from AIC stating that my file with them was now closed and they had referred my case back to AMEX and any further dealings should be with them directly.

Almost THREE months later I have been sent a letter from Newmans telling me they are now acting on behalf of AMEX - and requesting ridiculous amounts (10 times what I can actually afford to pay them - and have already offered them ).

Can anybody tell me where I stand with this and what I should do next - is the CCA form I have been supplied so far legally enforceable? Should I request it again from Newmans?

Why did AIC pass it back to AMEX?

 

The defaulted debt has since increased by almost three grand, with AIC and Newmans charges PLUS interest apparently is still accruing.

 

many thanks in advance

[Blue Thunder]

Hi Guys,

 

Apologies for the delay in responding. Thanks for the various replies. Much appreciated. I have uploaded the CCA form I got back from AIC. Please give me your thoughts.

 

Thanks Blue

well I would upload the form if it let me. Tried numerous times - keeps failing. any ideas?

[Blue Thunder]

OK Guys - success with the attachment at last.

 

Would really appreciate your thoughts.

 

Best regards

 

Blue

amex app.pdf

[Blue Thunder]

Thanks Scarlet,

 

What did you do then? I have a default registered against me at present - what's my next step?

[Blue Thunder]

PT - was that meant for me or Monty?

Fantasticlooking letter - whoever it's for!!!!!

 

Regards

Blue

[Blue Thunder]

Brilliant Paul,

I will give it a go and lt you know.

Thanks for your help

Blue

[Blue Thunder]

Just a quick question - should I send this to Amex,AIC or Newmans?

AIC sent the original CCA request to me but closed the file and passed it back to AMEX they passed it on to Newmans - who have just threatened me again and added on a further whack of debt.

Thanks

Blue.

[Blue Thunder]

Thanks Paul - beyond the call of duty Sir................

I salute you!

Regards

 

Blue

[Blue Thunder]

Hi Guys,

 

Here is the latest update.

Sent the first letter to AIC - original DCA - have never had a response.

Sent second letter to Newmans - new DCA - they sent me another copy of the Credit Card Application, as shown earlier in this thread. Three days later they sent me a 'Legal Action' letter - threatening the normal.

Can somebody give me the 'Heads Up' on this situation now and what I should now do - I really need to finalise - one way or another. Dare I push Newmans all the way with this. If so what is the likely outcome.

Many thanks

Blue

[Blue Thunder]

Thanks Guys.

Is that the next stage then - raise a formal complaint with Amex or go back to Newmans again??

[Blue Thunder]

As a further update to this long running saga:

Having only received a copy of the original CCA from Newmans I kept pushing them with standard letters as previously prescribed in this thread. Now I have received a threatening letter from stevensdrake solicitors demanding full payment - which includes 3 grand in charges and interest on top of the original 10.3k debt otherwise they will issue legal proceedings.

Having read certain threads regarding these clowns and some of their previous antics I am concerned as to what they a) can do and b) will do in an attempt to recover this debt.

I would appreciate some further advice, bearing in mind all of the original comments regarding the fact that this was an unenforceable agreement.

The bottom line is that I would gladly reach an agreement with Amex to pay off the original debt but at a reduced amount and without interest AND subject to the default being removed - does anybody think that this is a) workable and b) actually needed - or do I just resist and fight them in court as this is the route it seems to be going.

I know that many people have had many similar experiences - but there appears to be conflicting results. I just want the default removed and to begin repayment really - but if they continue to be asses - where do I stand.

 

PLEASE HELP!

[Blue Thunder]

Thanks Scarlet - it would appear so.

[Blue Thunder]

Hi - to anybody that can help me.

 

After this long-running saga I have now been issued with a Court Claim Form (from Brighton County Court) - is this the same as the old Court Summons?

As you can see from earlier posts in this threat - I have been told by numerous people on the forum that my case would be enitirely unenforceable through the courts - owing to the fact that I originally signed a Credit Application Form.

Despite repeated requests and having followed the guides/letters in this string - i have only ever received copies of this one original document.

 

It would appear though that Stevensdrake solicitors/ Amex are confident enough to ignore all that and come after me through the courts for the original debt of just over £10 grand PLUS a further 4 and a half grand in charges/interest etc since the original default - which was just over 12 months ago.

Can somebody please give me advice on what to do now - I cant afford expensive solicitors and am I just wasting more time and money trying to defend this. They must be confident by going to court - but how true have the staements so far been on here that the original agreement is truly enenforceable.

Has anybody had similar experience with this and come unstuck when going to court.

My gut feel is to fight it all the way as it seems so unfair when I have made payment offers since day one which have been rejected by AIC then Newmans and now the third one hasnt even offered me that facility and insist on taking me to court.

 

HELP PLEASE - this is sending me over the edge. I simply cannot afford to have a judgement registered against me but Nor can I pay them anywhere near what they are claiming.

 

All help will be greatly appreciated.

Thanks

Blue.

[Blue Thunder]

Thanks for the response palomino.

I am just worried and sorry for doubting people who obviously know better than me - Is it a cast iron certainty that it will be struck out. Is there a case that can be referred to in any of these forums where Joe Public has actually won against any of these DCA's/Solicitors on the basis of such an application for Credit form being un-defendable???

I just dont understand why these solicitors would pursue through the courts after all I have threatened them with if they thought they had no chance - or am I just being too logical??

[Blue Thunder]

Thanks guys.

One final question - in terms of defence would you, in your opinion, recommend me taking professional legal advice or trying to do this myself - cant afford to make mistakes - but can't afford the cost of my own solicitor???

[Blue Thunder]

Thanks Scarlet - really do appreciate the help!

[Blue Thunder]

I did send PT2537 a PM with details but as yet have not had a response. Can anybody else help - I tried to forward the PM again to PT but the site keeps bucking it.

 

PT2537 - if you can read this and are available to help can you let me know please?

I have to respond TODAY to the court claim.

[Blue Thunder]

Thank you again Palomino.

I do appreciate what you are saying about waiting until the last minute - but I need to post something out tomorrow latest and had waited to see if PT would respond with a standard template. Obviously he is otherwise engaged -so please do not be offended as it is plain to see you know what you are talking about.

I am going to post a draft on here and see what you (or anybody else) thinks. Please feel free to make comments as necessary

Best regards

Blue

[Blue Thunder]

Ok here is my draft proposal:

 

Dear Sirs,

 

I refer to the Court Claim Reference No. xxxxxxxxxxx dated xxxxx

 

I ask for this Claim to be struck out owing to the following:

 

The basis of this claim relies upon the claimant being able to produce a properly executed Agreement that is compliant with the provisions of the Consumer Credit Act 1974. To date the Claimant has only been able to provide a copy of an Application Form as a purported Agreement. The said Application does not meet the requirements of the Consumer Credit Act 1974 as this act clearly states the following:

 

This is the bit I need help with........................so what needs to go here?...................

I must add that should the Claimant be able to produce a compliant and properly executed Agreement, then I am disputing the significant amount of charges that the Claimant has added and have failed to either itemise or explain. I believe these to be unlawful and wholely unreasonable and I deny that part of the claim.

 

On the basis of the above I again ask for this claim to be struck out.

 

Your faithfully,

 

(not particularly eloquent and legal sounding I agree - so if anybody can add better prose then please do)

[Blue Thunder]

Perhaps I misunderstood about the time frame. I have discovered that I can send the Acknowledgement of service today which gives me 14 days to submit a defence - so anything you guys would like to add towards my defence would be appreciated

[Blue Thunder]

HI CP,

 

Thanks for your message - I have trouble posting on here some days as it keeps bucking me out - so apologies for the delay in responding. Are you able to share some details of how your has progressed. I have received a letter back from their solicitors giving me grief about disclosure. I did try and post it on here for comments.

BUT I need to submit my defence tomorrow and having tried to load stuff on here for 4 days now without success and in the hope of getting some decent responses - I am in danger of becoming unstuck

 

So HELP please.

I am send ing this then another one with an attachment and see how this works.

Best regards

Blue

[Blue Thunder]

Hi,

I just PM'd PT2537 and then realised he is offline for a month or so!!!

So if there are any other offers of help it would be much appreciated.

[Blue Thunder]

Thanks CP,

 

Take a look at what they sent me - any ideas??

 

Defence being sent out today!

 

regards

Blue

 

PS - if it wasnt for a dodgy connection this would have been uploaded last week!!

sdrake page1 aug08.pdf

sdrake page 2 aug08.pdf

[Blue Thunder]

Hi CP,

 

Thanks for the moral support - I plan to defend with the facts - there is far too much underhand that has gone on so far with all of these guys and I WILL have my day in court if thats what it takes.

Some of the correspondence I have had along the way is quite unbelievable when purported to be on behalf of such a reputable organisation as AMEX.

 

Thanks again and please share with me your progress also!

 

Thanks

Blue

[Blue Thunder]

Allocation questionnaire now received and transfer of proceedings to a local court.

Any tips for next steps and filling one of these out????