AMEX Letter Before Proceedings

[wilko1]

I CCA'd RMA about a month ago and haven't heard anything untill today. They sent me a letter saying as I was such a good customer if I phoned them I would be entitled to a special settlement offer.

 

Wonder what's going on.

[PGH7447]

They cant find your agreement by the sounds of it, sit tight and let them write to you with an offer that beats - Nothing Owed

[42man]

If you are thinking about calling them for a Full and Final settlement, make sure you get it in writing.....

[wilko1]

I've received a letter before proceedings letter from Westminster Solicitors on behalf of AM EX. Previously I'd already informed AM EX that I lived in rented accomodation and was unemployed. After 3 mths they haven't complied with my CCA request either. Surely they can't seriously be taking me to court, this has got to be just another threatening letter, right?

[42man]

Send this recorded to them

 

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, further more this has already been raised with American Express yet I note the absence of any documents disproving my points speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a statutory demand I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due

 

I trust this outlines my position clearly enough for you

[wilko1]

Thanks, will do.

[wilko1]

A while ago Link Financial were throwing default notices about like confetti, I received one dated 26/9/08, I was asked to pay up by 10/10/08, is that 14 or 15 days? I read somewhere that you should add on 2 days for postage time. I'm asking is it valid or not taking the dates into account. I received it 6/10/08 but there were no date marks on the envelope.

 

Thanks

[clemma]

I'm not 100% sure, but from what I have read, you have to have 14 days clear notice (they should allow 2 days for postage). So, really, you should have been given until 12/10/08. It's also very strange that you only received it on the 6/10/08.....

 

Sorry I can't be of more help.

[jobmid]

check to see if they have a cca if you have not done so already if no cca exists then they will have to remove the default notice

[wilko1]

Mr G Fearn of RMA has kindly sent me a card saying he is calling on 2/3/09. I live in Durham, has anyone else received a card from this nice Mr Fearn saying he is calling and where in the country will he be visiting on that date.

[wilko1]

I've got 3 at the moment chasing an alleged Am Ex debt, RMA, UCA (United Creditors Alliance) and Westminsters Solicitors. Surely someone has more than 3, lets hear about it.

[angry cat]

It is against the OFT guidelines for more than one DCA to be chasing a debt at the same time;

harassment.

 

AC

[MrMT]

Mine started with RMA, then NCO, then Westminsters, then SC Leatham Lock, then Apex. I'm sure there's another I can't recall right now and expect there may be some more.

[MrMT]

"Calling" doesn't mean visiting.

[angel_1]

oh had a few of them,,,,,dont prepare tea and cake he will let you down;)

 

 

perhaps they mean will be telephoning instead,,,laters angel x

[wilko1]

I've got a DN dated 9/6/06, it only allows 10 days to pay the arrears, I read somewhere that the time allowed used to be 7 days, in June '06 would it be 7 or 14 days?

 

Thanks

[cerberusalert]

They have to give you 14 clear days from receipt of the DN to remedy the arrears. If they close the account they will only be able to claim the arrears not the balance so don't alert them to their error.

[wilko1]

Thanks for the reply, what I'm trying to find out is when did it change from 7 days to 14 days.

[cerberusalert]

1st October 2006 http://www.cqsystems.com/images/pdfs/CCA%20Changes%20document.pdf see ; 3 Timetable of Events

[spartathisis]

Cerberus, can you point me in the direction of relevant case law or similar re. the amount payable on account termination with ineffective DN?

 

Thanks.

[I've got no money]

There is a link to the rules here:-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/191754-arrow-global-ignm-1st-4.html#post2144512

 

In terms of the DN - yours was under the old rules...

 

The Rule was 7 days after the date of service. They need to prove how it was served

 

If it was sent by first class post then service is the second day after posting - so service would be the 11th. The seven days would begin on the 12th and expire on the 18th.

 

If it was sent by second class post then service would take place 4 days after posting - so service on the 13th, effective from the 14th and expiring on the 20th.

 

If the DN was posted by second class post it would be invalid - you don't happen to have the envelope it came in do you?

[wilko1]

I haven't got the envelope, it looks as though I won't get any help with a dodgy default notice and I'll just have to rely on no agreement.

[I've got no money]

Don't forget that they have to prove how it was posted

[I've got no money]

Can you post the DN itself - what is it for - does it contain account charges

[wilko1]

AMEX DN 1 picture by keithw44 - Photobucket

 

AMEX DN 2 picture by keithw44 - Photobucket

 

2 pages of the DN hope I have uploaded them correctly. It's an AMEX credit card, I haven't received any statements since May '06, since then the Balance has gone up by £800, it has been with RMA, UCA, Westminsters and now Newman and Co