Jump to content

You can now change your notification sounds by going to this link https://www.consumeractiongroup.co.uk/index.php?/&app=soundboard&module=soundboard&controller=managesounds

 

You can find a library of free notification sounds in several places on the Internet. Here's one which has a very large selection https://notificationsounds.com/notification-sounds

 

 

BankFodder BankFodder

 

BankFodder BankFodder


  • Tweets

  • Posts

    • 12+2 working days.   a dca can't hurt you credit file any more anyway.   only the original creditor can issue and register a default, on or before the sale of the debt.   what the dca put in the calendar section is immaterial as only you and them can see it it does not extend the 6yrs period whereby the debt shows on your file and after which the 6th defaulted date's birthday causes the whole file to removed regardless to paid or not, paying or not......makes no odds. it still goes, but might still be owed mind, depending upon the contents of the CCA return.   dx  
    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
    • Yes it doesn't work HB  In Wales someone needed a test on a Sunday, the testing station at Llandudno Hospital was closed, so they could either go to Manchester, 75 miles, or Cardiff 200 miles and a 10 hour round trip.   But as Manchester is England no guarantee on getting test results.
  • Our picks

    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 5 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 7 replies
    • The courier industry – some basic points for customers. Read more at https://www.consumeractiongroup.co.uk/topic/421913-the-courier-industry-%E2%80%93-some-basic-points-for-customers/
      • 1 reply
    • The controversial sub-prime lender says the City watchdog is investigating its practices.
      View the full article
      • 0 replies
onandonandon

Amex - Applications - Defaults and Statutory Demands

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4001 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

First post from me so sorry if I have missed anything, though firstly what a fantastic site - just knowing that there are others in the same boat and hearing what they have to say has been the biggest help- so thank you to all the posters on amex and the other cards.

 

I was wondering if those in the know could shed some light on my situation and the documents from amex....

 

Long story short, I was unable to send money to amex on both a credit card and charge card which had flex select attached to it - which basically shunted off any spend over £200 on to credit., this went through all the calls from them and rma, of which none ended in a conversation, but which did end up with a statutory demand, which is what got me going.

 

I have since applied to have this set aside, based on advice her on the dispute of the debt, its calculation and the default validity.

 

Following that I CCA'd them and received only 1 page application forms for each, both with latterly attached Ts and Cs which had nothing to do with the application forms and which made no reference to them. The CCA requests were addressed to both their solicitors and also to Amex, though the reply with the below actually came from NCO

 

Attached here

Charge Card

goldchargecardapplicationsigned.jpg

Credit Card

goldcreditcardapplicationsigned.jpg

And nothing for the Flex Select

 

On these I have only received the one default here Which relates to the Flex Select alone. Here.

flexselectdefault.jpg

 

A month later I received what I think was a cancellation for both the charge and credit accounts here

cancellation.jpg

 

(Though interestingly enough a day later I received a default sums notice adding on £200 ish on the credit card)

 

And a few days after the cancellation letter this was confirmed by RMA in two separate letters asking for payment on each as the accounts had been cancelled by Amex

 

So I guess my questions are....

Are the applications enforceable?

Is the lack of paperwork on the Flex Select significant?

Does the flex select - all purchases on the charge card over £200 being put on credit - move the charge card to a credit card?

Are Amex covered by the CCA?

Is the default valid

Does the cancellation cover the charge and credit cards?

If the letters from RMA are to be believed and both are cancelled where do I stand in terms of what Amex suggest I owe them?

 

Any thoughts on this, ideas, suggestions gratefully received

Thanks in advance

(PS have also posted this under Amex too)

Edited by onandonandon

Share this post


Link to post
Share on other sites

The CCA is unenforceable, the DN is defective on several counts = Unlawful rescission of the agreement. In a word they're 'stuffed'.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

Thanks C, that sounds heartening. For my own knowledge can you point out where the Applications and defaults fall down. And also would welcome your opinion on the cancellation letter.

 

Many thanks again

Share this post


Link to post
Share on other sites

The DN should state a specific date to remedy by anyway but they've stated that you have to remedy 14 days from the date of the notice which is insufficient because they haven't allowed for service of the notice.

 

Because they've terminated they will only be able to claim for the arrears on the a/c not the remaining balance.

 

The CCA is unenforceable because it doesn't contain the prescribed terms within the four corners of the document.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites
The DN should state a specific date to remedy by anyway but they've stated that you have to remedy 14 days from the date of the notice which is insufficient because they haven't allowed for service of the notice.

 

Because they've terminated they will only be able to claim for the arrears on the a/c not the remaining balance.

 

The CCA is unenforceable because it doesn't contain the prescribed terms within the four corners of the document.

 

 

Agreed:)


You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

Share this post


Link to post
Share on other sites

Thanks for that. I just re-read the default and I see exactly what you mean.

 

So I should right to them saying - that I do not acknowledge either the applications as binding for the lack of terms within the documents and that default letter whilst received has not been served because of the lack of date.

 

And now that they have taken the decision to cancel at best their expectation should be limited to arrears only and that any info passed to referencing agencies was without basis / justification and as such should be removed.

 

In calculating that figure, I can see the £59 for the flex, I can find out the arrears on the credit card, but which figure should I look at for the charge card?

 

Thanks again

Share this post


Link to post
Share on other sites

I would not advise writing ' telling creditor they have cocked up default notice as they may try reissuing a new one. Reac the thread a dodgy default notice


You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

Share this post


Link to post
Share on other sites

Thanks J - I took a look at that - if I can't alert them to the bad DN how do I progress it?

 

The DN that I got refers only to the flex select part of the charge card, nothing on the credit card, or the charge card. And the cancellation letter appears to cancel both the "account" the charge card account which is covered over and also says that is cancelling my credit card card account, and the letter appears not to reference the default notice - just a blanket cancellation.

 

Also the cancellation of both was confirmed in two separate letters (one for each) from the DCA - RMA saying the account had been cancelled by Amex and passed to them for collection.

 

So on that basis, if the accounts are cancelled by them, then in order to re-issue a DN they would need to reinstate the account, which under the circumstances I don't think I would be agreeable to.

 

Surely somewhere along the line it needs to be laid out for them saying that the they have ended the relationship on all accounts, that no valid dn's have be served?

 

Cheers

Share this post


Link to post
Share on other sites

Send them this;

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2007 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states;

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

 

I trust this out lines the situation

Print name do not sign


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

Hi CA thanks for that great letter.

 

Am I correct in assuming that the flex part of the charge card thing where anything over £200 on the charge card was pushed to flex select credit pushes the charge card into being something which ought to be covered by the CCA.

 

Also is it significant that the only DN that they have sent relates only to the flex part to which no agreement was sent to the original CCA request? And in your opinion have I read their cancellation correctly in that it cancels both the charge and credit card accounts?

 

Thanks so much again (especially as its a Sunday too)

Share this post


Link to post
Share on other sites

I would have thought that as they are part of the same agreement if they cancel one it would cancel them all otherwise it would push the a/c into the realms of 'multiple agreements'.

 

I don't have sufficient experience with these types of a/cs so can really only pass an opinion, but no doubt someone else will be able to give a more knowledgeable answer.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

A creditor can issue one default notice for all accounts.


You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

Share this post


Link to post
Share on other sites

Ah.. so I guess that as I've only received the one, and they have cancelled the accounts then the opportunity to offer other DN's has gone.And bar the arrears they can't ask for any other money either

 

Thanks

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...