Is This Agreement Enforceable

[loachy]

Hi

 

Can anyone tell me if the attached agreement received from AMEX is enforceable and if not what I should do next. My partner also received his CCA from them today which is completely different to mine - I shall start a new thread to attach his CCA to avoid confusion but if anyone can help with either of them it would be much appreciated.

 

Hope I have posted this in the right place - seems to be stuff about CCAs in lots of different places so not really sure where the best place was to post this!

 

Thanks

AMEX ALL.pdf

[loachy]

Hi

 

Further to previous post this is the second CCA received for my partners account.

 

Again any assistance gratefully received as to whether this is enforceable or not.

 

Cheers

AMEX ALL DOCS RCVD.pdf

[banker_rhymes_with]

Hello Loachy!

 

Are there two Agreements in the above PDF?

 

i.e. I can see what looks like two dates, one in 2005 and another in 2006.

 

If possible, could you re-order them and re-Post as two Agreements so we can see what goes with what?

 

They both look nasty from what I can see, as the Signature Box for each is slap bang in the middle of what look like Prescribed Terms.

 

By 2005/2006, Amex had started to get their act together...only took them 32 years to get the hang of The Consumer Credit Act 1974!

 

But, all is not yet lost. Let's see how they both look, and then we can see what else Amex have been up to.

 

From this point, make sure you keep every scrap of paperwork they send you, and particularly the ENVELOPES that they send things to you in.

 

Trust me, don't throw anything away. Get some Plastic Pouches and place letters and ENVELOPES into the same pouch...or staple them together so you build up a nice collection.

 

Something nice may come along soon from Amex, and the ENVELOPE may just prove very useful a little later on.

 

Cheers,

BRW

[the_shadow]

It looks like they've sent you a lot of t&c copies plus the front page of the application form? Page 1 of 4?

 

Nothing with your signature or anything pertaining to you except that first page as far as I can make out.

 

In the present form its not enforceable but then when I did my CCA I didnt get anything back other than a front sheet, When I did a data subject access request though I did get the complete agreement with signature.. why they didnt sent that first time god only knows.

 

So at the moment no not enforceable, does it meet the s78 request, I dont think it does, the regs allow them to omit the signature/personal details but doesnt say they can provide one page with your name/address and the card number and then supply copious amounts of t&c copies.

 

S.

[loachy]

Hi

 

No - the second attachment is what they have sent through for one agreement- my partners. Just to clarify the message with the attachment named AMEX ALL is mine only. The one in the posting underneath with the attachment entitled AMEX ALL DOCS RCVD is what they sent through for my partners CCA request. Sorry if this has caused confusion - thought I had started my partners in a new thread butobviously didn't! Mine was taken out around 2003, his wasn't until about 2005.

 

Thanks

[loachy]

BRW

 

Thanks for your help so far. Just to clarify the second attachment is just one agreement. Not sure why they have sent through two applications for the same account as only one amex card is held by him but you are quite correct one is dated dec05 and the other is dated 06 - have no idea what has gone on there!

[loachy]

Shadow

 

Is there a template on here you can direct me to for a SAR please? Have had a look through the templates section but can't find anything. Is there a fee payable with this request and do I have to specifically request copies of the original agreement or should they just send through everything they hold as a matter of course?

 

Thanks

[the_shadow]

Loachy, got your PM... its £10 and takes up to 40 days for them to respond...

 

Heres one I've used in the past..

 

 

Data Protection Act 1998

Subject Access Request

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBERS: xxxxxxxx and xxxxxxxx-x

 

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Numbers xxxxxxxx and xxxxxxxx-x

 

The following is by no means an exhaustive list but in the main this is what I require.

 

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, all records you hold on me relevant to these accounts, including but not limited to:

 

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the accounts.

 

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

 

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

 

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

 

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

 

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

 

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

11. A copy of all account statements for the duration of the agreement.

 

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

 

13. A True signed copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

 

Any Other information relating to these accounts

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

 

Yours faithfully

BLAH

 

S.

[loachy]

Thanks very much Shadow