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steve2577

Amex CC 2006 Enforcability

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OK Guys

 

First thanks for all the postings having more and more even if on some occasions it gets a little heated makes interesting reading and I am sure others will benefit. Personally for me its facinating to read even if it drills down into the nitty gritty.

 

Just an idea before suggesting any removals, which I dont agree with because I know I will want to read this whole thread a few times over the next few months. Reading something now only to find its not there at a later date is going to be weird.

 

I wouldn't want to allienate anybody and I am very grateful for all the contributions. I hope others can get something positive from all this as well.

 

 

Steve

 

 

 

 

 

Steve


All my postings are Without Prejudice and as such can not be used in any Court.

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May also be worth a read

 

Credit Today online

 

M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Current Status

 

Initial Letter sent 29th Oct requesting informally copy of agreement

 

Copy received but not legible in parts

 

Formal request sent 23rd Nov and account in dispute

 

Aknowledgement of complaint received and informed they will respond

 

Wrote again 15th Dec pointing out the copy was not legible

 

Received another letter saying still looking into the complaint

 

DN received 8th Jan (may have been recorded and received 8th not sure) giving me 14 days from the Date of Notice (3rd Jan Sun).

 

Wrote to Amex 26/01/09 still pursuing the legibility problem and pointed out that the 4 weeks for a response had now passed.

 

Got this letter from them in response to first complaint and nothing regarding my letter 15th Dec and 26th Jan.

 

http://i956.photobucket.com/albums/ae46/steve2577/Jan%202010/AMEXReply1of7.jpg

 

http://i956.photobucket.com/albums/ae46/steve2577/Jan%202010/AMEXReply2of7.jpg

 

http://i956.photobucket.com/albums/ae46/steve2577/Jan%202010/AMEXReply3of7.jpg

 

http://i956.photobucket.com/albums/ae46/steve2577/Jan%202010/AMEXReply4of7.jpg

 

http://i956.photobucket.com/albums/ae46/steve2577/Jan%202010/AMEXReply5of7.jpg

 

 

 

Summary

 

No response about legibility of agreement

 

No response to my letters dated 15th Dec and 26th Jan


All my postings are Without Prejudice and as such can not be used in any Court.

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Try bottom right of your Exploer page and there is a button that should be set to 100% if you hit that you can increase the page to 200%.

 

If not I will upload let me know how you get on


All my postings are Without Prejudice and as such can not be used in any Court.

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ken just click on it and it goes up. b4 anything have U checked the membership no to make sure what card they are talking about? or is it only 1 amex you had.

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ken just click on it and it goes up. b4 anything have U checked the membership no to make sure what card they are talking about? or is it only 1 amex you had.

 

Yes only 1 Amex in Default actually got 2 other Amex cards but zero Balances on those.

 

 

Cheers


All my postings are Without Prejudice and as such can not be used in any Court.

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Yes only 1 Amex in Default actually got 2 other Amex cards but zero Balances on those.

 

 

Cheers

D 1's with no balance tier them up. :eek::eek:

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D 1's with no balance tier them up. :eek::eek:

 

 

No way this is proof that I was responsible:rolleyes:

 

And take your time to read your posting there's a lot of spelling mistakes creeping in


All my postings are Without Prejudice and as such can not be used in any Court.

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Current Status

 

Initial Letter sent 29th Oct requesting informally copy of agreement

 

Copy received but not legible in parts

 

Formal request sent 23rd Nov and account in dispute

 

Aknowledgement of complaint received and informed they will respond

 

Wrote again 15th Dec pointing out the copy was not legible

 

Received another letter saying still looking into the complaint

 

DN received 8th Jan (may have been recorded and received 8th not sure) giving me 14 days from the Date of Notice (3rd Jan Sun).

 

Wrote to Amex 26/01/09 still pursuing the legibility problem and pointed out that the 4 weeks for a response had now passed.

 

Got this letter from them in response to first complaint and nothing regarding my letter 15th Dec and 26th Jan.

 

http://i956.photobucket.com/albums/ae46/steve2577/Jan%202010/AMEXReply1of7.jpg D 1st paragraph understanding of your complaint mean they cannot read a letter. they are kind & sending £1 to U.

 

http://i956.photobucket.com/albums/ae46/steve2577/Jan%202010/AMEXReply2of7.jpg D 1st paragraph statement oft guideance Statement of the terms of the agreement as varied, Original Terms and all subsequent variations to T&C's. & 3.3 Statement supplied must be signed

 

http://i956.photobucket.com/albums/ae46/steve2577/Jan%202010/AMEXReply3of7.jpg

 

http://i956.photobucket.com/albums/ae46/steve2577/Jan%202010/AMEXReply4of7.jpg D paragraph 3 is silly. if they send somefink that is not correct it is disputed. D paragraph 5 when they say we confirm that your cancelled account did they send U termination notice?

 

http://i956.photobucket.com/albums/ae46/steve2577/Jan%202010/AMEXReply5of7.jpg i like teh last paragraph

 

 

 

Summary

 

No response about legibility of agreement

 

No response to my letters dated 15th Dec and 26th Jan

sorry my speling is not very good but im tryin 2 help U

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i the nicoalfredo wish U to tell you that from the day i write to U and U recieve my lovely letter U win a 1 million. plese tell me when U receve my letter? i still have it in my home :p

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Nice to see they've improved their DN! :D

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Got some good news today Newmans are threatening me with a statutory demand they tell me they have looked into my position and apparently I have assets so making me Bankrupt is an option. My position 2 days ago was that my Mortgage is £166k my house was worth about £140K I am out of work and have no money. But they have either found a buyer for my house greater than my Mortgage or are about to offer me a Job. According to them I have assets. The really good news is this could save me the £450 I was thinking of scraping together to Bankrupt myself as my Plan B. So if they do it for me I save £450. Now please don't add to this thread about how bad these guys are they only want to help and at the end of the day £450 is £450 not to be sneezed at, I could use this money to pay off some of my other creditors.

 

 

Steve:razz::oops::D:p


All my postings are Without Prejudice and as such can not be used in any Court.

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Hi Steve - mainstream unsecured creditors holding consumer credit licences or debt collection agencies acting on their behalf are not suppossed to use tactics like that. It is more likely to be a threat to cajole you into doing something. They are unsecured and threatening to cause the sale of you home would be seen as unacceptable by the OFT who may even fine them or refuse to renew their licence. The lowest amount they are legally required to accept is £1 a month as a regular payment, thus if you send them a regular minimum payment each month they would propbably accept it. If you are challenging the enforecability of the agreement you can still carry on paying while also challenging. Another option would be a debt management plan run by a charity or company which would act on your behalf using their experience to strike a deal they are almost duty bound to accept. I used to get all these problems until I enteed a DMP now I dont get any hassle at all. Everything is under control.

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Hi Captain thanks it's under control I am fighting it all the way.

 

IF it got that far when a poperty is jointly owned and in negative equity as per a friend of m ine who has recently gone through it the other owner can buy the stake in the property for £1 so it's OK. I was just being a bit relaxed by posting this because they haven't done any checks otherwise they wouldn't send the threat. So it kind of proves how much of a spineless threat it was.

 

Onwards and upwards:smile:


All my postings are Without Prejudice and as such can not be used in any Court.

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Hi there you wont need to go there if you just simply pay £1 a month - please dont let them take your house or your share in it for the sake of such a small sum being offered - they are obliged to accept any payment over £1 but does not stop them asking for more - you are on benefit so that should be sufficeint for the court to agree (if it ever gets that far) the payment if they press on with a bankruptcy they are in serious risk of being de licenced and fined. Creditors in the credit industry are supposed to operate fairly if you cant pay declare your income and outgoings and they really are obliged to accept even though technically they could make you bankrupt (as long as the sum is over approx £700 I think).

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Hi,

 

I have an Amex card (nector) and have been through hell and back with the companies that they employ when you default. I wrote to them last year as with all my creditors and had no response.

 

I was the chased by a company which evenutally paased the case on to Westministers Solicitors- at this point i appointed my own solictor as they were not responding to my letters.

 

The solicitor asked for the CCA but never got a reply back- this was in March 2009. I now have recieved a letter from Amex offering a reduced settlement figure.

 

My question is have they not already defaulted by not providing the CCA agreement when it was asked for? or can they still chase this and go to court?

 

 

Rish

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