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Davey vs Amex


davey77
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Could be one of two things:

 

1) The word had more than one syllable in it, probably confused.

 

2) Theyre scouring english-american dictionaries trying to understand the difference between securitisation and securitization :D:D

 

No news is good news so to speak...

 

S.

 

Yeah that's right lol Lets face it, they are probably just scared of me! :eek::D

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Happy, davey?! :D

 

ermm yeah. Trouble is i waited 30 minutes for the page to load before i realised it was just an avatar.. tehe ;)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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No, that's terrible - turn it off! :p

 

ermm yeah. Trouble is i waited 30 minutes for the page to load before i realised it was just an avatar.. tehe ;)

 

You see, I knew it was better plain & simple - just like me! :grin:

 

Offending avatar removed..

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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You see, I knew it was better plain & simple - just like me! :grin:

 

Offending avatar removed..

 

Awww, just when I was getting used to it :razz:

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Hi Guys,

 

No reply from Amex to my last letter - including the bit about securitisation - but Elgrand who has exactly the same application form as me has now posted up the latest t&cs they sent him which were on a threefold leaflet, and it is clear that what they keep trying to imply was on the back of my application form was taken from this. Strangely even the numbering seems to have been changed slightly, but even so my t&cs apparently stopped at No. 18, and there are about another eight conditions after that on the leaflet.

 

As well as the securitisation questions I asked again in my last letter where the t&cs they imply were on the back actually appeared.

 

Shall I wait for the reply, or shall I write again saying that I now KNOW the t&cs were lifted from a leaflet and not in the body of the agreement.

 

I'm never quite certain at which point we put them on the spot.

 

They don't say the t&cs were actually on the back, they imply it by the photocopying which makes it look as though the back fits the front, and they won't answer the direct question.

 

Should I write to OFT and/or FOS saying they are refusing to answer the question, and trying to pull a fast one?

 

Thanks,

 

Daniella

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Should I write to OFT and/or FOS saying they are refusing to answer the question, and trying to pull a fast one?

 

Thanks,

 

Daniella

 

It might be worth asking them direct for a signed statement advising the document they have sent you is the one they will rely on in any court action in the future. Doubt you will get it, but the non-reply strengthens your case and weakens theirs:)

 

Before you can write to the FOS, you'll either have to wait 8 weeks for no response and then complain or write a formal complaint letter that they havent responded and if they respond then complain to FOS.

 

S.

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All quiet on the Amex front. They are still thinking about how to reply. :rolleyes:

 

You are assuming they have the ability to think, Davey:p

 

DD, FOS will not involve themselves in the CCA 1974. They often make things worse by offering their own "moral opinion".

 

You would be better off sending the letter in the following link to the OFT. Then signing the slip they will send you in order for them to start an investigation once they have sufficient complaints against a particular company.

 

http://www.consumerforums.com/resources/templates-library/50-complaint-in-respect-of-dca-threat-re-expired-debt/101-complaint-in-respect-of-invalid-cca-agreement.html

 

HTH

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Shall I wait for the reply, or shall I write again saying that I now KNOW the t&cs were lifted from a leaflet and not in the body of the agreement.

Don't give them too much info or let them know the approach you are taking. Don't help them in any way. Give them enough rope to make mistakes, draw them out into the open. The object is to allow them to start contradicting themselves or making errors in their written statements and then point out that you have proof and/or believe they are wrong.

 

Have you done a SAR as well?

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Very quiet, aren't they?

 

Do you think it's the securitisation question?

 

DD

 

Yes. Gave 21 days and they will be 2 weeks over that by the weekend.

 

I can only assume that particular question has spooked them. Could also be the mentioning of bad publicity.. that's one thing no creditor wants!

 

They better start getting their act together as i am losing patience. I'll accept nothing less than a complete climb-down.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Yes. Gave 21 days and they will be 2 weeks over that by the weekend.

 

I can only assume that particular question has spooked them. Could also be the mentioning of bad publicity.. that's one thing no creditor wants!

 

They better start getting their act together as i am losing patience. I'll accept nothing less than a complete climb-down.

 

Still waiting for a response to my request on why they cant work out dates properly... they stated 90 days prior to sell off but the date they quoted was more like 43 days... they were happy to default me though, shame the dates were wrong:D

 

Think I'll send them a reminder... you going to do the same? is it worth heading it as a formal complaint that demands a response to your questions?

 

S.

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I'm going to send a reminder this week, especially as I've now found out that the stuff that they imply was on the reverse of my agreement was lifted from a leaflet, as I had always thought. That's why I only got 18 conditions - the whole lot just would not have fitted on to 2/3 of A4 - the size of the Application Form.

 

DD

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I'm letting them take their time myself. The more time that passes and lack of co-operation re my 3rd CPR request means it's much more likely a Court would look favourably upon an Order for Disclosure under the CPR (seeing how i am been so amazingly reasonable.)

 

If you feel they need a kick up the backside then go for it and be as aggressive as possible without being libelous. Personally, i have nothing to lose and don't give a monkeys about the language i use these days.. but that's just me!

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Sorry, Davey, Shadow, and CB,

 

For some reason I didn't see your posts of 1st May. The last post I thought was there was mine on 1st May, and according to my CP user update,there was nothing there since then. Must be gremlins in the machine. :confused:

 

That's why I posted earlier about all being quiet but didn't refer to your replies.

 

Anyway, I have taken your advice on board and I am having a re-think.

 

DD

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Amex-8.jpg

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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:rolleyes: 6 weeks this saturday since last CPR/letter. Holding out for a response before deciding on next course of action.

 

I may never get a response of course.. which in of itself could be very telling about the content of my last letter and how they want to avoid the detail contained within it. hmmmm

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Well, they found a simple way to reply to the detail in the last letter.. they completely ignored it:

 

Amex-9.jpg

Amex_0001-5.jpg

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Hi BRW,

 

Yes it could be the case i get another letter as well as i have had that in the past. 2 letters close to each other.

 

Interesting they put 'without prejudice' at the top. They don't want that being produced in Court. I shall wait a short time and see what happens (if anything) and possibly fire one shot across the bough before considering an LBA (and a forth request under the CPR.)

 

Although from past experience i think it is important to strike while the iron is fairly hot as 2 years of writing letters has achieved little headway with other Creditors.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Hello Davey77!

 

...without prejudice save as to costs

 

They want it both ways: a threat you cannot use against them, and the option to use it against you to get costs if they feel like it.

 

It's about what to expect from that bunch.

 

I agree, strike now while the iron is indeed hot, and keep the pressure on. They are more likely to lash out and send back something silly when the pressure is on them.

 

Time to get the Davey77 Kamikaze T-Shirt and Headband ready, the one that has the Catch Phrase that says:

 

No Fear - Nothing to Lose

 

That'll get them even more spooked!

 

Cheers,

BRW

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I've got the t-shirt... i'll keep an eye out for the headband.

 

Everyone says 'don't take a creditor to Court, it's much easier to be a defendant and not a claimant' and i agree but.... they are never going to take me to Court. Just like mint and HFC - unenforceable agreement and on benefits. No way are they or anyone else going to start proceedings against me and i am not prepared to wait around for 6 years only to have to go to Court to prove it's statue barred.

 

They have refused to supply me with statements after several requests so once i have the cash in 2-3 weeks I'll send a SAR to get that information. ;)

 

In the mean time i will wait and see if anything else turns up.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Their reply is a lot of bull****, Davey.

 

I have provided a letter with the OFT quotes plus a link for the OFT publication, for another user in the link following. They too are determined to get all their charges back.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2149372.html

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Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Just a thought but these "without prejudice" letters, surely unless they are actually attempting to solve a dispute they cant hide behind the protection of privacy.

 

I can see nothing in that letter that to my mind meets an attempt at solving the dispute.

 

Just my twopenneth worth as always.

 

S.

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Thanks for the link CB. I'll bookmark that one for later reference :)

 

Shadow.. As you say, Amex are NOT trying to resolve the dispute and their 'these charges are fair' comment are also not in sync with the way the OFT views them, and they know it.

 

They don't want that letter to be shown in Court as it contradicts the OFT statements and also goes no way to resolving a dispute or answering my strongly worded letter previously (post 50) as well as ignoring a third request under the Civil Procedure Rules - something Amex do NOT want pointed out to a Court. ;)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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