American Express and Westminsters Solicitors

[mashmallow]

Hi anyone,

 

Got a letter from Westminsters Solicitors chasing a debt I owed from many years back for American Express. I was paying them a reduced amount through the CCCS and then they advised me to deal with my creditors myself as my wages are low. The debt disappeared a while off my statement from CCCS and now they have sent a letter 'Notice before legal proceedings' and upon judgemwnt enforecemnt action will betaken such as attachment order on my salary, warrant of execution by the Baliff or charging order or bankrupcy, they are out for the throat, do I send them a CCA request? or can they just go ahead and do what they threatend?

 

Mashmallow

[cerberusalert]

Send the CCA request. How long is it since any payment was made?

[mashmallow]

My last payment to the CCCS was about2 months ago, so I guess it was due and i was paying £14.00 a month, now they want the whole lot.

 

The loan is over 10 years ago for a blue credit card

 

Mashmallow

[cerberusalert]

Send the CCA request to Westminsters, print your name do not sign it & send it recorded delivery & we'll see what they manage to produce.

[mustang67]

Hi there, Westminsters are the so called in house litigation team of RMA a DCA in Preston. I bet that is were all correspondence has to be sent.

RMA try to collect a lot of AMEX debt.

Have had same letter myself, after RMA failed to provide CCA. Ignored it and have heard nothing since:)

[mashmallow]

Thank you kindly you both I will send it off, thanks, thanks.

 

Mashmallow xxx

[mashmallow]

Sent my CCA request off to Westminsters and got a letter back today from Allied International Credit saying that the account has been referred to them by AMEX and payment must be made to them. Who do I send the account in dispute letter to West or Allied. Please help.

 

Mashmallow:cool:

[cerberusalert]

Send it to Allied.

[mashmallow]

Thanks,

 

Cerb, I will send them a copy of what I sent Westminster.

Also I have sent a few post on Cap One having problems with sending it on the main site but when I do a search on my threads the question is on there also had a reply from someone and cannot access it, any suggestions please would be appreciated.

 

Thanks

 

 

Mashmallow

[mashmallow]

 

Hi everyone, I sent a CCA request back in June this year to Westminster (RMA Resolve) heard nothing and now sent a postcard saying they are going to contact me on the 8th September between 8.00 am - 8.00pm do I just ignore?

 

Please advise.

 

Regards,

 

Mashmallow

 

XXX

[cerberusalert]

I doubt very much that anyone will be calling as in knocking on your door, they'll be 'phoning if anything. They're trying to frighten you into contacting them so send them this if they still haven't supplied your CCA request;

 

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

 

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

PRINT NAME (DON'T SIGN)

[mashmallow]

Received a letter from UCA debt collectors was Westminster chasing for payment, I have had no cca back from them and plus the debt is about 8 years old although I was paying a token payment about 2 years ago when I was with the CCCS. What letter shall I send them I already sent a letter to Westminster stating the account was in default and now these donkeys have taken it over.

 

Please can you advise me of what to send them if anything.

 

regards,

 

Mashmallow

XX:mad:

[cerberusalert]

Send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

[mashmallow]

Thanks.

 

Best Regards.

 

 

XXXXXX