Is this Amex application enforeceable

[Elgrand]

Just to recap then: Duff CCA, duff DN, no formal cancellation, and a DCA chasing the full amount?

 

The Amex SAR response is gonads

Correct Smouk, i will post up the SAR response.

 

Elg.

[Elgrand]

I suspect there would've been an earlier letter proudly telling you the nasty Agreement/Account had been cancelled, so it would be useful to find that. Have a hunt at home, and failing that, send Amex another SAR. Or, send them a SAR if you have not already done so...if in mid battle with them, it is worth sending them a regular SAR to see what else they have been saying or doing, as you never know what else they may let slip.

Hi BRW.

 

I definately have not received a previous termination letter and that was one of the reasons i sent a second SAR, trying to fish for further info. As you kindly quoted in an earlier post, it was now my job to sit back and wait for the termination and that is what i have been waiting for.

I totally agree and was waiting for this to happen.

 

My second SAR came back with this letter

 

 

The response that they sent about the cancellation is what i believe a direct response to my CPR 31.16 request. (That is the letter they have referenced)

 

So, do you think i should reply to this and ask for the SAR again or construct another letter asking for specific data, such as DN and termination etc.

 

Thanks again for everyone's time and help.

 

Elg.

Edited May 20, 2009 by Elgrand
added text

[smouk]

I am surprised 'cos they sent my Notice of Cancellation very quickly. Aside from that our cases are almost identical!

[Elgrand]

Hi smouk,

 

Just subbed and read your thread.

Very similar as you stated.

 

Now i wonder why they did not cancel/terminate my account as quick as yours and am wondering if it has anything to do with the outstanding amount( just a thought)

Mine is close to 6K

[smouk]

£7k

[Elgrand]

Thanks smouk, better forget that thought then

[Elgrand]

Sent off for the SAR again and got a response today.

I specifically asked for the comms log and I do believe they have sent it although not complete or accurate.

They start off with comments about my letters etc and their responses, but have left a big gap between mar & may.

There is no mention of the default notice or any letters sent.

The status of the account is now showing cancelled, which is the same as terminated, but again no reference to a letter in the comms log.

[Elgrand]

 

Another DCA letter received today.

Seen off RMA and Westminsters

Now for AIC

 

Amex have not acknowledged my CPR request, so will be sending letter number 2

[the_shadow]

 

Another DCA letter received today.

Seen off RMA and Westminsters

Now for AIC

 

Amex have not acknowledged my CPR request, so will be sending letter number 2

 

haha I'm spotting at least two possible breaches of OFT guidelines in that letter....

 

1) File referral fee, if its excessive or if they cant justify it.

2) Pay by CREDIT CARD... wonder what would happen if you try and pay with the amex account card :-D

 

S.

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinions. These opinions are based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal or debt related training.

[Elgrand]

Shadow

 

I was thinking the same as far as paying by CC goes.

 

The file referral is actually blank. No fee stated.

[smouk]

They stuck £1200 on mine!

[Elgrand]

smouk,

 

£1200, how do they come to that figure:mad:

 

You prompted me to take another look at mine, no definately £0

[smouk]

smouk,

 

£1200, how do they come to that figure:mad:

 

You prompted me to take another look at mine, no definately £0

The endearing Mr Gilmour of AIC referred to a clause in my, er, non-existent CCA.

[Elgrand]

I've been busy reading up on the postings about AIC, they seem a nasty lot to deal with

[smouk]

See my update here

[Elgrand]

Thanks smouk,

Just pm'd about that update,

 

No worries, the Shadow has pointed it out.

[Elgrand]

smouk

 

Read your update letters and they look great.

I have already sent a letter to AIC this morning, but if you don't mind will be keeping yours for future reference.

[smouk]

By all means!

[Elgrand]

By all means!

Thanks smouk.

 

Sent a response to Amex today, stating they have failed to comply with my second request regarding a few specific details i wanted from them, one notably being no reference to the default or cancellation notices sent.

 

Also sent the follow up letter to my original CPR 31.16 request, will await their response.

[Elgrand]

Hi,

 

Posting an update as to what's been happening.

 

The last few weeks have been me trying to get as much info from them via the second SAR and getting clarification of the status of my account.

 

Two CPR 31.16 letters sent and they show no interest in responding.

 

I finally received a letter today to confirm my account cancellation. The paragraph reads.

 

A system letter is normally issued to confirm the cancellation of accounts, however in your case no such letter was sent and therefore I am unable to provide a copy for you. I can advise that your account was cancelled on 16th April 2009 And the cancellation date is backed up by the comms details and another earlier letter

 

So this is the status at the moment.

 

DN

Envelope has post mark of 02 April 09

DN received Fri 03 April 09 Deemed served Mon 06

Letter Dated 01 April 09

DN gives 14 calender days from the date of the letter to remedy.

 

Account cancelled 16 April 09

 

 

 

Thanks Elg.

Edited January 7, 2010 by Elgrand
taken out some text

[Elgrand]

Have not heard anything from Amex for a while now.

[smouk]

I've enjoyed a prolonged silence too......until this week when Moorcroft stuck their ugly fizzogs out of the ditch.

 

It will be interesting to see if Amex allocate to DCAs in batches - block bookings if you like - which might go some way to explaining the rather long intervals.

[Elgrand]

Well, three have had an attempt at this one so far, so lets see what happens next, Moorcroft perhaps.

[Elgrand]

Just had a letter from AMEX, heard nothing from them for a while, or anyone else.

Now they are willing to work with me directly, for that i am truly honoured.

 

[Elgrand]

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