Amex CCA. DCA involved Please help

[alsodada]

Hi,

 

Advice from anyone who knows will be most welcome as this matter is causing me intolerable stress.

I took out the Amex card in 2006 but following unemployment, I have had difficulties keeping up with payments. I wrote to Amex with an offer for reduced payments which I have kept to as well as letting them know that I will pay off arrears and principal as soon as I get on my feet again, which realistically, should be in a matter of months.

Amex has now terminated the agreement and passed the matter on to a very hostile DCA who are now threatening court action.

 

Is my agreement (attached), which I signed enforceable? If so, how best can I deal with this matter to avoid going to court as this will affect my chances of earning future income?

 

I am going out of my mind with worry and advice of members will be most appreciated.

 

 

Thank you all.

 

 

[diamondgirl]

I'm not the greatest on the agreements but look ok but I may be wrong sure someone else will be along soon who can confirm.

Is this the actual agreement that you signed.

Who is the DCA?

Did you get a NOA from Amex?

Did you get a DN?

DG:)

[madasamuppet]

It looks enforceable with the prescribed terms being on the page that you signed. i would just tell the DCA the same as the OC. You can't pay any more than you can afford and you decide what they get not them. The only person able to make a decision would be ajudge if it were taken to court and even they won't make you pay more than you can afford. Remember that they have no legal powers and are just like you and me mere mortals. Don't talk to them on the phone and keep all corespondence. Make your token payments and keep to it and do not give them your bank details. Pay via SO or get them to send you slips.

[42man]

Is this what they sent you in response ? a blank agreement ? (or have you edited out signatures and personal details ?)

[citizenB]

Also, who is the DCA ?

[Monty2007]

Also, who is the DCA ?

 

Given it is 2006 I would suspect it is enforcable although I cannot read much of the text.

 

Did they send you a default notice? You may have an angle here.

 

Have they applied any charges to the account? You will be able to claim these back. On doing so you may want to come to an arrangement to either offer a F&FS or payment plan.

[alsodada]

Thanks everybody for your comments. I am most obliged. I edited out my details including my signature on the second page. The DCA is Newmans. In the event that court proceedings are unavoidable, how long does it usually take to get that far? Once again, thanks

[alsodada]

Forgot to mention that I was served with a default notice earlier this month. I assume that NOA means Notice of Assignment? If so no, although the default notice does state that the matter may be referred to a DCA

[diamondgirl]

Court proceedings can vary from one monkey to the other. Mine took about 3 months from them first contacting me to court stage but they didn't win the judge struck it out. Some DCAs just keep phoning and writing for months and months so I wouldn't worry about court just yet.

Did Amex let you know in writing that the debt had been passed on?

As above write to the monkeys and tell them what you can afford. Tell them you will only communicate with them in writing. Don't forget don't use your usual signature or if you do put crosses or lines through it so they can't copy it.

NEVER EVER SPEAK TO THE MONKEYS ON THE PHONE.

Anything you have from them is it possible to post up so everyone can have a peek it will help everyone to advise you.

DG:)

[alsodada]

Thanks diamondgirl. Amex did inform in their default notice that the matter may be passed on to a DCA.

I made the mistake of speaking to the DCA and in view of the conversation with the extremely aggressive person I spoke to, I can see why your advice not to speak to them is right. The conversation went nowhere, consisted of the person making threats, telling me to stay quiet and listen to him as he spoke over me, in short a total waste of my time. Plus it caused me an unbelievable amount of stress.

When I told him that I had done an SAR request, he told me that notwithstanding what I had read on the internet, they would not be responding to my request and that my offer was unacceptable.

Really a nice piece of work, hope he never finds himself in my position.

[smouk]

Which DCA is it?

[alangee]

Hi Alsodada

 

Can you post up your DN as it is likely to be defective (I have yet to see a good one from Amex). They normally terminate/cancel your account about 5 or 6 weeks after the DN.

 

If it is defective, you are only liable for the arrears stated on the DN - provided they have terminated the account without correcting the DN.

 

Alan

[42man]

I'd like to see the Default Note....one other cagger has received a bad one... - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/198243-amex-dn.html