American express - CCA return + PPI Reclaim

[intree]

I sent a letter to Amex in June to say that as they had terminated my account with a defective default notice (which they sent via the SAR) I will no longer be paying any money due to there unlawful termination.

 

They then offered me a 50% reduction to pay them 4500 within 14 days, I sent them another copy of the terminated account letter then received another letter from their DCA in preston asking for a settlement, that wa turned down too.

 

So not heard anything since June 2009, but today noticed that they tried to collect via CCCS, so i have sent a e-mail to CCCS confirming that they have terminated the account and should be removed.

 

That is where I am so just waiting to see what they do next, but they have no valid agreement and if they did then they have terminated it in 2007.

 

Hope this helps.

[colin21958]

Hi intree,

 

Thanks for the update, sounds promising! Good luck. Let us know of any developments. Take care,

 

Regards,

 

Colin.

[intree]

I have just received 3 phone calls from, RMA RESOLVE, indicating they have not received payments for Amex CC from me, told them that the account was terminated with a defective default notice by Amex and both them and Amex have been sent a letter to state this.

 

She did not know what to say, and just stated " Well we will see what my manager has to say about this", I told her not to call me again and to write to me to which she stated, if she wants to call then she will.

 

I am gob smacked - especially considering it is AMEX who have terminated the account - so any advice as to what may happen now?

 

thanks

[42man]

If you can record the calls then do...if they ring again ask them if they abide by the OFT guidelines on debt collection, if they do then ask why they are calling you whilst the account is in dispute due to an unlawful recission of contract...?

[Desperate Daniella]

I had them on to me about Amex earlier in the year. They tried a few times and I kept saying the account was in dispute and they went away. I don't expect they will hang around for too long.

[intree]

Thanks for that advice, They have called again and stated that Amex have stated the account is not in dispute and the default was valid, so I have informed them to let me know that in writing and they are getting no money until I have a response.

 

The man on the phone just slammed the phone down, after telling me that they will now take legal action, against me...............so I will need some advice as I am a little worried, but I am confident that they have terminated the account on the back of a 14 day default notice which their data compliance officer sent to me.

 

I am expecting Egg to be after me soon, as they have a defective agreement, and I have stopped paying, as well as Barclays who have no agreement so will expect some trouble now as CCCS have dumped me too.

[Desperate Daniella]

I have never heard of RMA taking anyone to court. If he slammed the phone down I expect he knows that they can't do anything and he won't be collecting his commission.

 

I don't know whether they will have terminated the account because they are insisting their default notices are valid. If they admit they are not they have lost the game completely.

 

DD

[intree]

I have a credit card with Amex........

 

Stopped paying them as in 2007 defaulted with 14 days DN (defective) then terminated the agreement soon after in 2007.

 

Then went to RMA RESOLVE who called all the time, until I sent them the following letter:

 

I refer you to my letter (contents below) sent to both yourselves and to American Express, regarding the unlawful termination of my contract, therefore I owe no further monies under the said contract, please do not contact me again as this will be regarded as harassment and you will be reported to the appropriate body. I now await a written response before the matter proceeds further to these letters.

I understand you have received my letter to you which was sent via recorded delivery. You have failed to respond to this, all the letters will be submitted to the Court in due course.

 

 

I must inform you that this account has been terminated unlawfully, through a Termination letter and Invalid default notice which was issued for the above account with Amex.

 

 

I must now accept the unlawful termination of my contract with American Express.

 

 

Please stop all interest payments, payment collections and remove all defaults from my credit file within 10 days from the date of this letter, failure to do so will result in further delays in closing this matter and clearing the credit defaults you have listed in my files, for which I will take Court action to rectify.

 

 

I will also report the matter to the Information Commissioner for full investigations and the Financial Ombudsman Service.

 

 

I await your urgent response to close this matter and remove the defaults you have unlawfully recorded on my files and accept must now accept your unlawful termination of this contract.

 

 

A copy of this letter has been sent to the Data compliance officer at American Express and a response from your Company is now requested.

 

 

 

 

Yours faithfully

 

THEY DONT SEEM TO ACCEPT THIS:eek:

[hungrybear]

send an lba under section 10 of the DPA and then take them to court if they dont sod off and/or go after them for harassment / get a civil restraining order.

 

that'll shut 'em up

[cashins]

RMA Resolve is a trading name of NCO (Europe) Ltd. United Creditors Alliance is just another of their trading names.

 

It's the same people chasing you.

 

David

[intree]

Thank you for that advice, I will continue to ignore their threats.............They have been advised the account is in dispute as above and they are ignoring this............anyway that is their problem - Merry Christmas everyone.

[intree]

UPDATE : Advise please.

 

I have this morning received a PRE-COURT DIVISION, letter from Moorcroft Debt Recovery Ltd, indicating that if I do not settle by 29/12/09 then they will instruct solicitors to obtain a CCJ and further recovery action will be considered :

 

As I have stated to them, I obtained by SAR in July 2009, after which I found they had issued a default notice in Feb 2007 (defective due to time limits) then terminated the account in Feb 2007, I paid up until the day I found out they had terminated the account, from the SAR in July 2009.

 

Sent them dispute letters, which resulted in this original post, I have now been contacted by these vultures and they again threaten court action and a CCJ.

 

I would appreciate all advice so that I can write back to them with the appropriate response as soon as possible.

 

Merry Christmas to all

[intree]

Anyone Please?

[Bazooka Boo]

Yeah PRE-COURT DIVISION, is the same as VALID EVEN IF NOT READ BY YOU, this letter template is done by their PRE-SCHOOL department before it is passed to their PRE-POSTAGE department.

 

Moorcr@p are extremely comical, with all their PRE this and PRE that, ignore the fools. all you need to send them is the LBA DPA s10 http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/586-legal-notice-issued-under-section-10-of-the-data-protection-act-1980

 

Moorcr@p have one of my 'alleged' debts totalling some 16k, they are the most inept, uneducated, and unprofessional company I have come across, save RobbersWay, Bryan Carter and a few others.

 

It is an empty threat, there is no PRE-COURT DIVISION, they are deluded and like to make themselves sound special and important, I would seriously think of pursuing them through the courts, tell them that if they are foolish enough to take this to a court, it will be robustly defended and you will counter claim them or their client.

 

Jokers....

[intree]

Thank you for your kind words - merry christmas - I was getting worried about them

[Bazooka Boo]

Seriously, you needn't, there is nothing they can do until monday at the earliest! Even their Threatogramme machine needs a holiday, relax, enjoy your Christams, forget these idiots, and we'll deal with them next week, or next year!

 

Have a good un! Boo;)

[Huff&Puff]

Report them to Trading Standards and the OFT. They should not be chasing an alleged debt that is in dispute. That will sometimes make them shut up as well.

[intree]

Hi

 

I have today received a letter. This time it is from RMA again, its has indicated that AMEX are very dissapointed with me for not contacting them to pay the agreement, they state that this letter is their pre-litigation letter, but they now require the following information to be completed on the back of the letter and sent back????

 

Job title

Company

Wages and contact number of Personnel Dept

 

Who our mortgage is with etc etc

 

all of which to me appears totally confusing as they have already terminated this agreement with a defective DN and this has been accpeted by me in writing.

 

Now this - any advice appreciated

[silverfox1961]

Morning ,

 

What a bunch of eejits!

 

Why should you do their work for them. If their so called pre-litigation department wanted that info, they could get it without asking you first which is why it's a pre-pubescent (I.E-childish) threat.

 

You could write back and say that as Amex are disappointed you are not paying, then you are disappointed that they are breaking the rules.

 

Personally, I'd ignore. The only time to be concerned is if (a BIG if) they do litigate.

 

And report them again

 

fox

[intree]

Good Morning Silverfox1961

 

Thank you for that information, they really know how to worry a debtor, I was worried sick, I just hope they dont take it to court, but I know they have terminated, same as Barclays and Egg, they all seem to be playing the big merry go round.

 

Just hoped they would have got the message by now, that they are at fault, but hey ho, thats Banks for you!!

 

I will keep all developments posted as they occur...

[cashins]

Just looking in and see even-if-not-read-by-you are now on the case.

 

As already stated Moorcroft are a standing joke and have no legal powers whatsoever.

 

They too will return it to Amex as NCO did. In the meantime you may get yet another colourfull threatomatic headed:

 

midaslegalservices

 

Designed to strike fear into the heart of the unwary, it is still however .......Moorcroft, (as it says on the bottom of the letter).

 

When it comes to Moorcroft - stop worrying and start laughing.

 

David

[Bazooka Boo]

I think now is the time to bring your local MP in on the matter.

Persistent Harassment, Unlaful request, unlawfull rescission, yadda yadda yadda....the more MP's raising these issues in Parliament the more likely these reprobates will go to the wall or be forced to toe the legal line.

 

Alternatively look at suing them! Yours could be the bench mark by which all other CAGgers can follow, I would be doing it, but none of my creditors have found me yet??

 

I am looking foraward to it when they do though:D

[intree]

Thank you so much for your comments they have reassured me to fight on......I have just ignored their recent contact and will take the advice given until they proceed to court, if they ever do??

[cashins]

Thank you so much for your comments they have reassured me to fight on......I have just ignored their recent contact and will take the advice given until they proceed to court, if they ever do??

 

Amex are an odd lot regarding some of their decisions, however one thing is certain, I they ever do take action it won't be through the clowns at Moorcroft!!

 

David

[gezwee]

Out of interest intree, could I ask which Amex address you have previously received correspondence from?

 

I've tried both the Belgrave House address in SW1 and the Amex House address in Brighton for CCA and SAR but............ can never get a confirmation on postoffice website that anythings been receipted at either address. All responses have come from the Brighton address but how do they get around never signing for recorded delivery?

 

I'm in a similar position of unlawful rescission but by all appearances my letter acknowledging same last year was never delivered?

 

Gez