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Amex CCA received - is it enforceable please


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Been thinking about this and would like to get a response on record in case it comes to court so as to show I have tried to be reasonable.

 

Hi

 

I see your point but in reality I am not sure it will really count for much. Essentially they will try to enforce the alleged debt and your best course is to develop a good defence and see who blinks first.

 

Amex are beatable. Their DN are always defective and pre-2006 agreements are mostly not enforcable.............

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Again, thanks Monty.

 

I do want to get a response off to Westminsters & RMA although I accept that it reality it won't make any difference to the outcome.

 

Thought something along the lines of:

 

If Westminsters, RMA or American Express choose to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines and the Consumer Protection From Unfair Trading Regulations 2008.

 

 

But I'm not really happy with this so would appreciate any input from anyone.

 

Thanks C

 

 

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Again, thanks Monty.

 

I do want to get a response off to Westminsters & RMA although I accept that it reality it won't make any difference to the outcome.

 

Thought something along the lines of:

 

If Westminsters, RMA or American Express choose to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines and the Consumer Protection From Unfair Trading Regulations 2008.

 

 

But I'm not really happy with this so would appreciate any input from anyone.

 

Thanks C

 

 

 

Personally I think that'll do more harm than good... if it gets to the stage of in front of a judge and he sees this he'll ask well why didnt you see through your threat and take amex to court.

 

If you need to send something back and I would take Monty's advice here, he has battled amex... I havent... I would personally just send a letter back stating its in dispute with Amex and they know perfectly well what the situation is. Until that dispute is settled by Amex no further action should be taken.

 

S.

Edited by the_shadow
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OK - thanks Shadow & Monty for the sound advice.

 

C

 

yes i was also just about to say

 

dont make threats unless you intend to carry them out

 

- always (IMO) easier to defend against these bods then counterclaim- than it is to start proceedings yourself anyway

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Blimey - got back from the Post Office this morning having sent a brief 2 liner to Westminsters using the suggested approach from the Shadow above to find a really helpful letter from another DCA had arrived in todays post:

 

zm1m54.jpg

 

Has anyone else had experience with the UCA? Also, is it in OFT code or elsewhere that only one DCA at a time can chase (I know following the rules is not a creditor strong point) so does this mean in theory that Westminsters should now drop this?

 

Is this the fastest change of DCA on record or do you know better....? :D

 

Regards

 

C

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Agreement is enforceable as I am sure a court would rule that the two pages are opposite sides of the same docuement. It has everything needed to be enforceable - signaure, prescribed terms, cancellation rights

 

In your opinion would it be enforceable even without the original? I am in the same situation as the OP with the CCA, but I have no default notice.

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Blimey - got back from the Post Office this morning having sent a brief 2 liner to Westminsters using the suggested approach from the Shadow above to find a really helpful letter from another DCA had arrived in todays post:

 

zm1m54.jpg

 

Has anyone else had experience with the UCA? Also, is it in OFT code or elsewhere that only one DCA at a time can chase (I know following the rules is not a creditor strong point) so does this mean in theory that Westminsters should now drop this?

 

Is this the fastest change of DCA on record or do you know better....? :D

 

Regards

 

C

 

 

UCA are just another trading name for NCO Europe, also operate as RMAI Resolve. They are nothing to worry about.

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If you write quote the passage below from the OFT debt collection guidelines AND send a complaint to the OFT, they'll file it but it'll be on record.

 

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals

b. pressurising debtors to sell property, to raise funds by further

borrowing or to extend their borrowing

c. using more than one debt collection business at the same time

resulting in repetitive and/or frequent contact by different parties

 

S.

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Hey, thanks for all your responses. What I love about this site is you can post, then because of the sheer volume of what is going on here you start thinking 'I've been overlooked as I'm not interesting enough' then suddenly the responses start coming in and you no longer feel alone - especially when a well known name as well as a new name chimes in with an opinion that makes you re-think 'I can defeat these bas****s'.

 

So ,thanks so much to anyone who has responded to or just read one of my posts - this is just so much an up and down situation that I'm sure I am not the only one to think this way. One day I hope I'll have the confidence to give a helpful opinion to help other Caggers but in the meantime I'll repay the help by keeping on the offensive and hey creditors, you are all in my sights.

 

Have actually got in exess of £10k back for my OH on miss-sold PPI so have hit back to an extent already - only 2 to go on that one so M & S and Citi be very afraid!!:D.

 

Regards

 

Cadwallader

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