AE Default me with out advising me in writing?

[clarkey1]

Could some one please help?

 

I have just received a copy of my credit report and AE defaulted my records on the 15/12/09 with out any notice at all?

 

I entered in to an agreement with RMA back in June last year for £10 but I paid £30 each month and on time, never missing one payment so can anyone advise why they think they have done this and is there anything I can do about removing it as I was not given any notices as laid out in the CCA 1974 SECTION 87 /88?

 

Thank you

[banker_rhymes_with]

Hello Clarkey1!

 

Well, if they want to start messing you around like this, start going through the motions to see what does bind you to this Debt.

 

Send them a s77-79 Request along with £1, sent Special Delivery to The Company Secretary of the Company who claims to be the owner of the Debt. That could be RMA if Amex sold it to them, or it could still be Amex if they are just using RMA to do the dirtier work for them.

 

Send Amex a SAR and £10 as well, to see what they have on you. Special Delivery, as above, and to the same Offical at their Registered Office.

 

Send RMA a SAR and £10 as well, sent to The Company Secretary of RMA, at their Registered Office. Special Delivery, as above, because you need proof of Delivery.

 

Wait 12+2 Working Days for the s77-79 CCA response.

 

Wait 40 Calendar Days for the SARs to come back.

 

Then see what they all reveal. Come back here for advice!

 

Cheers,

BRW

[clarkey1]

Thanks BRW,

 

I have done as advised and received the following from Experian.

 

 

 

Thank you for contacting us.

 

Your enquiry has been passed to one of our credit report specialists.

 

We normally respond to simple queries within 2 working days, however if your

query requires detailed investigation or feedback from a third party our

response will take longer to action. We will always endeavour to respond to your

query within 2 weeks of receipt.

 

If you are seeking general advice, the Frequently Asked Questions section of our

website can often provide helpful guidance. You may find the following link

useful:

 

http://www.experian.co.uk/consumer

 

The following individual query number - xxxxxxxx has been assigned to you;

please ensure you quote this, your credit report reference number and your full

name if you need to contact us again.

 

Many thanks

 

CreditExpert

 

 

Please note that Experian has 28 days to respond to your query, as stated under

section 159 of the Consumer Credit Act 1974 and the Data Protection Act 1998 .

We aim to always respond much sooner than this.

 

Shell i respond requesting if they have placed an entry on my file that the entry is disputed pending your investigations as requested in my last e mail to them

 

Regards

[clarkey1]

had the following reply.

 

Our Ref:xxxxx

 

Dear Mr Clarke

 

Thank you for your email, which we received on 01 April 2009.

 

In view of your comments about the default recorded by American Express, I am

writing to them for you. This is because I cannot amend your report without

their consent.

 

I will let you know what they say when they reply.

 

While I investigate your comments, I am adding the following statement to the

information you have queried.

 

"THE CONSUMER HAS DISPUTED THE ACCURACY OF THIS ENTRY AND WE HAVE THEREFORE

ASKED THE PROVIDER TO INVESTIGATE IT. GIVEN THAT THIS DATA IS DISPUTED, PLEASE

TAKE CARE IF MAKING AN ASSESSMENT OF ANY KIND THAT MAY INCLUDE THIS DATA."

 

Your report should change in the next seven days. Please use this letter if you

need proof in the meantime.

 

Kind regards

Consultant

CreditExpert

 

Can anyone advise what next as AE have not yet responded?

[clarkey1]

Hi all can anyone help with this please?

 

Still no reply from AE

 

Dear Mr Clarke

 

Further to our recent correspondence, I have been contacted by American Express

(C2). They have confirmed that the details we hold are accurate and have

requested that we retain the information on our database. Unfortunately I am

unable to amend this information without the authorisation of the company in

question.

 

The 'Notice of Dispute' will remain on your report for 28 days. It will then be

removed, unless I receive further notification from you:

 

"THE CONSUMER HAS DISPUTED THE ACCURACY OF THIS ENTRY AND WE HAVE THEREFORE

ASKED THE PROVIDER TO INVESTIGATE IT. GIVEN THAT THIS DATA IS DISPUTED, PLEASE

TAKE CARE IF MAKING AN ASSESSMENT OF ANY KIND THAT MAY INCLUDE THIS DATA."

 

If you have any further queries or wish to discuss this further, may I suggest

you contact the company concerned direct at the following address:

 

American Express,

Card Services,

Department 880,

Amex House, Edward Street,

Brighton,

Sussex,

BN88 1AH

 

Tel: 01273 576811

 

 

Kind regards

 

Miss Chloe Savage

Consumer Services Officer

Client Queries

[the_shadow]

Hi Clarkey1,

 

I'm just going through the process of offering lower repayments and the documentation they have provided me with states they will default the account for their own internal processes! if you go on the lower repayments scheme (regain!) run by RMA.

 

Still think they should advise in writing though and it may be worth a complaint to the ICO or possibly the trading standards who are supposedly the keepers of the CCA1974 act, the CRA's wont do anything without their real "customers" say so as you have found.

 

S.

[clarkey1]

thanks BRW,

 

but I don't recall ever seeing any mention of default from AE and when I questioned RMA they was as surprised as me as I have been making over payments each month and on time?

[clarkey1]

Hi

 

I have now received supposedly all from my SDR, and may i say it is very confusing?

 

in summary i have sent the following to AE and have also complain to the FOS as they had not responded?

 

American Express,

Card Services,

Department 880,

Amex House, Edward Street,

Brighton,

Sussex,

BN88 1AH

 

 

19th August 09

 

Final Default Notice removal request.

 

Dear Sir/Madam

 

ACCOUNT NUMBER: -------------

 

In reply to your letter dated 18th August 09, I would respond as follows.

 

It is again, very disappointing that in order for me to settle my account, you have deliberately misled me, by advising, you would look at removing the inaccurate entry of default of my credit report as confirmed in our telecom on the 20th May 09, my email dated 22nd May 09 and RMA e mail dated 1st June 09, which you failed to respond.

 

Please also be advised that I have thoroughly read my T&C’ which you re sent me on the 9th April 09, and I can see no mention of you disregarding the Consumer credit act 1974, or it is your standard practise to report default notices to CRA, not to mention, misleading customers to paying off accounts with out carrying out the actions that you agreed to?

 

I would also again draw your attention to the following information obtained from the Information Commissioner’s Office, (ICO) regarding Filling Defaults with credit reference agencies!

 

The term “default” on a credit file is used to refer to the situation when the relationship between the lender and borrower has broken down. A record showing a series of payments six months in arrears when this does not reflect the real payment should not be used as equivalent of a default.

 

As you can see from the 23 e mails I have sent and received, and will also be evident in the Transcripts, as requested in my letter dated 4th August 09, my e mail dated 8th and 11th August 09, the communication has in no way broken down on my behalf. I have communicated at every opportunity by phone and writing made all my agreed payments on time and even over payments of the agreed sum without any prompting what so ever as shown in RMA e mail dated 17th April 09.

 

Please also note that internal polices and practices should not be determine factors in when and how a default is filed for information to credit referencing purposes, which your letter dated 8th July 09 clearly states that this is why you have issued the default!

 

Not withstanding the above, I also confirm that I have not been issued with a copy of any default notice as described in Consumer credit act 1974 regarding the default you issued on the 15th December 08, therefore, I have not been informed

 

• the nature of the alleged breach;

 

• if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;

 

• If the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.

 

As a result of the above, I am putting you on notice that I intend to complain to the Information Commissioner’s office that you have issued inaccurate data about me.

 

The negative entries on my credit file are damaging to me and the Data Protection Act allows me to seek compensation from both you and the organisation which is displaying the data, through the County Courts and this is also an option which I am considering.

 

The inaccurate entries about me are defamatory and that it is a new act of defamation each time a creditor looks at my file, which you are liable for.

 

The Defaults Guidance notes issued to Credit Reference Agencies by the Information Commissioner in August 2007 make all of this very clear to you, so there is no doubt that you are aware of your responsibilities.

 

As you can not be bothered to remove the standard note from the bottom of your reply regarding your initial responses, I still remain dissatisfied with your refusal to acknowledge any of the above and remove the Default. I WILL REPORT THIS TO THE OFT and FOS if you do not issue your final respond in the next 21 days?

 

If you need any further information please do not hesitate to contact me.

Yours faithfully,.

 

2 days after sending my compliant to FOS (by recorded deliver) i received a final response from AX which i will post shortly.

[clarkey1]

HI Again,

 

Please find below summary of my comp to FOS.

 

1. Not responding to communications.

2. Issuing default without complying with consumer credit act 1974.

3. Issuing false information to credit reference agencies regarding defaults in line with American Express standard practice and not complying with the ICO procedures.

4. Obtaining settlement payments after agreeing to look at removing default and not carrying out the action. (deceiving customers to obtain payment.)

5. Incurring interest and charges on the account without being notified or statements issued.

 

I am very disappointed at the disgraceful way American Express has, firstly, conned me into settling my account in the assumption that they would remove the default. Which they had issued without informing me, therefore not giving me the chance to remedy it.

They have also added charges and interest on the account without informing me what they are or what they are for, without any written statements being issued to myself.

As a financial institute they should be acting more responsibly and comply with OFT guidelines.

 

 

FOR YOUR INFO.

[clarkey1]

Now please find AX final response.

 

Thank you for your letter dated 19th August 2009.

 

I am sorry to learn of your dissatisfaction with information that has been registered against your external credit report. Whilst I appreciate the outstanding balance of your cancelled account has previously been 'short settled'. I can only reiterate the comments made by my colleague Daryl Jenkins, in her previous correspondence dated the 18th August 2009. A notice of Default was issued to your billing address on the 30th May, in respect of an overdue balance of £137.00. This correspondence confirmed that failure to ensure payment of the specified amount within 14 days of issuance, would result in the cancellation of the account,and the registration of a default against your external credit report. Whilst I am aware that the default was not registered until the 15th December 2008, American Express has the right to issue this notification anytime after 28 days has elapsed from the point of cancellation. However, as your account was cancelled on the 18th June 2008 and for the sake of clarity, I have amended the issue date of the Default Notice in accordance with the aforementioned timeframe (18th June 2009). Whilst I apologise for any confusion that may have been caused as a result of this delay, notification of the Default Notice has been recorded in accordance with the Terms and Conditions of your Credit Card Agreement.

 

Pursuant to paragragh 6(1) of schedule 2 to the Data Protection Act 1998, we are entitled and obliged to exchange information with such agencies for the duration of the Agreement and six years thereafter, because the processing is necessary for the purposes of legitimate interests pursued by the credit reference agencies and other financial institutions. I am, therefore, unable to remove the notifications detailed in your correspondence.

 

I appreciate this may not be the resolution you were hoping for, but trust this clarifies our position.

 

 

As you can see from all the above i am now at a total lost and could do with some help please?

 

FOS have not responded yet, however i did issue it before the date shown on the AX response.

 

As you might be able to understand my issues, but AX have not responded to the points raised as they have chosen to ignore them.

 

Also i have not yet put my claim in for the charges as i am not sure if i can as they olny charged me £12 a time but they soon mounted up.

 

Can anyone advise my next move?

 

Thank you

[clarkey1]

also my account with AE went to pot when they put my interest rates up for late payments which made my minimum payment nearly doubled in one month,

 

looking at all the info they have sent me it is quite clear that the interest rise was the turning point?

 

can i use this info in my argument?

Thanks

[mkb]

Now please find AX final response.

 

Thank you for your letter dated 19th August 2009.

 

A notice of Default was issued to your billing address on the 30th May, in respect of an overdue balance of £137.00. This correspondence confirmed that failure to ensure payment of the specified amount within 14 days of issuance,

 

 

Sorry I don't know how to help with the other bits but I do know that a Default Notice needs to allow for 14 clear days to rectify AFTER allowing time for service ie. 2 days if sent 1st class & 4 days if sent 2nd so the DN is entirely invalid & may be worth investigating further.

 

Have you sent CCA & SAR requests?

If not, it would be a good idea to do them without delay.

[clarkey1]

Hi,

 

thanks for that but they have covered that in there final response letter, but the SAR information they states ( 04/06/08 - Default which was issued 30/05 expired 15/06) which is 14 Calender days from letter date but not received date, however it then reads 18/06/08 Account Cancelled as default expired so i think they may be covered on that one?

 

Please refresh me on the CCA?

[mkb]

Huge thread here about default notices:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices.html

 

If they have terminated agreement on the back of this DN then that is unlawful rescission of contract. More here:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/218441-halifax-dodgy-default-agreement.html

 

CCA will show whether they also have an enforceable agreement. Costs £1. Do not sign request, print name only. Send RD & keep a copy of the track & trace screen to prove delivery.

[clarkey1]

Thanks mkb, i will look at them.

[clarkey1]

Received letter from FOS today confirming receipt and that there is a back log of complaints and the will be in touch shortly.

 

 

I am going to e mail them the letter above from AE, has anyone any further advise i could send to them after reading the above?

 

Regards

Clarkey

[clarkey1]

has anyone any further advise i could send to them after reading the above?

[smouk]

I would suggest that you do not email them or phone them - from hereon in you need a strong papertrail.

 

Not being familiar with your case can you tell us...

 

1. What is the status of your CCA?

2. Have you clarified the role of RMA?

3. Have any other 3rd parties (such as AIC, Newman or Moorcroft) been in touch with you?

4. Has any 'referral fee' been applied to the account?

[clarkey1]

Dear all,

 

after a long battle between me and AE, and with the help of the FOS, AE have agreed to remove the default, which i proved to them that they should not have issued it in the first place according to the ICO, as i was only late with 2 payment.

 

it has been a hard and long battle and coursed no end of stress for me and my family, i have been unable to get a bank account, car loan and car insurance due to the default.

 

because of this i am now going to claim compensation from AE and Experian for Deformation.

 

my question is

 

1) can any advise if they have taken this curse of action, that can give me some advise?

 

2) what is a reasonable amount i should claim from each off both them giving the stress they have put me thought?

 

3) IF ANYONE NEEDS ANY HELP OR ADVISE ON GETTING A DEFAULT REMOVE PLEASE ASK ME AND I WILL ONLY BE TO GLAD TO HELP?

[clarkey1]

Any help please?

[clarkey1]

Hi All

 

AE have finally agreed they should not have issue the default and have confirmed they will remove it with in 48 hours.

 

I advised both AE and Experian 14 months ago what intended to do when the default was remove if they did not remove it until the final outcome, but they both said up yours.

 

now the tables have turned after a long hard battle and i intend to make them both suffer for the distress they have caused me over the last 14 months.

 

AE have offered me £100 and Experian have offered me £62 compensation which i am about to tell them thanks but no thanks as i feel this is a unreasonably offer for the damage the defamation comments has caused me and my family.

 

Can anyone offer me any advice please?

 

Thank you.

[clarkey1]

Can anyone offer me any advice please?

 

Thank you.