AIC CCJ Threat

[Beerbottle]

Hi all I'm new here and its maybe a bit late in the day but I've been reading the problems people have being having with AIC and AMEX, so I'm just after a bit of advise.

 

A bit of background on my problem first of all.

 

Around 6 months ago I had moved address, I had changed address with my bank who for some reason decided to cancel all my direct debits. I thought I got them all back up and running apart from AMEX, who admittedly I'd forgot all about. I don't use the card (in fact its cut up and probably lining a landfill somewhere) and just had the direct debit set up to collect £75 per month to clear it, I never even paid it any attention month after month, it was there and it got paid.

 

Last week I realised that AMEX were not getting paid, obviously I had not been getting any letters at all due to moving address, so I rang them and they passed me around a few departments until I had one person say that they have cancelled the account and will not reverse the decision and passed me onto a company called AIC.

 

The initial conversation was last Thursday, in which I told them I was more than willing to pay whatever was outstanding (around £350 based on minimum payments by my figuring) and get the direct debit set back up for the £75. The person said let me see what I can do and he'll get back to me the next day. They never did.

 

Yesterday I got a text message asking me to call them as a matter to priority before 5pm. Which I did and now I'm being threatened with all sorts, if I don't pay £1900.06 Funny how the debt was around £1500. Bankruptcy, unemployment (I'm not sure how), repossession of my home (which is rented ) assets frozen or siezed by bayliffs (what assets, I've just moved out of the parents trying to set myself up for the life ahead, most expensive thing I own is a £200 sofa from Ikea) etc etc

 

They decided to give me two options, either pay £1400 or pay a down payment of £740 with 12 payments of £95 and if I can't pay ask friends or family to pay it for me(no). Frankly I cannot afford an intial payment of £740 nevermind the £1400, I'm due to call them tomorrow again not even sure what to say to them, and after reading some posts I most certainly will not be giving them my debit card details.

 

However after discovering this site, I've came to learn that AIC are nothing but bullies. I am tempted to ring AMEX back tomorrow and negotiate with them, but I've been seing a lot of people recommend that I ask for a CCA and not to pay anything until I get this. I'm not even sure what this is, or why I would need it.

 

So can anybody offer any advice of this most disturbing chain of events.

 

Like I say I am more than willing to pay whatever it outstanding on the 6 or so months and continue to pay it off, but will not be bullied into paying more than I can afford to. I took the card out around 2001-time (in my silly youth days). Would it be advisable to try and negotiate with AMEX?

 

Thanks in advance.

[Hardupnotfedup]

These people are parasites, you will not be made bankrupt for £1500, you are a million miles away from bailiffs.

You pay what you can afford, no court would make you pay more than you can afford.

You could send in a CCA request to see if the alleged debt is enforceable, especially if they refuse your offer. If it isn't enforceable you could then offer a F&F starting at around 5-10%.

[Beerbottle]

Thank you. Thats exactly what I thought, I'm not one to get intimidated, but those calls were disturbing. I can imagine them scaring the bajeebus out of more timid folk.

 

Anyway, I'm not really educated in the financial world, I'm assuming F&F is a Full and Final offer? In which I would offer them a settlement but only if the CCA is not enforceable? I'll do some digging as I hate to keep asking, but how would I know if a CCA is not enforceable?

 

Also any advice on what I should say to AIC tomorrow when I ring them? They said I need to ring them tomorrow with a decision or they'll "start proceedings."

[Pinky69]

Don't ring them at all - and they won't start proceedings or anyhting else. If you speak to DCAs all they do is lie to you, threaten you and try to pressurise you into paying more than you can afford. Everything in writing and you then have a record of transactions.

 

CCA request letter.

 

Print, don't sign, your name, enclose a £1 postal order and send by Recorded Delivery - they have 12 (+2 for admin) days to reply. If they don't reply in that time you can put the Account in Dispute(there is a template) and not pay them anything unless they send an agreement and it is enforceable. Scan and post whatever they send on here (cover over your personal deatils) and we will advise you whether it is enforceable or not.

[cymruambyth]

Do not speak to them, if you answer the phone, refuse to do the security checks.

You could make a complaint to TS or FOS over undue duress and contravening the CPUTR, see this link The Consumer Forums - Consumer Protection from Unfair Trading Regs. 2008

[PGH7447]

Welcome to the CAG and the wonderful world of bullies and liars called DCA's

 

send them a cca, and also report them to the oft for the threatening phone call they made to you, and while you are at it write to amex and get their official complaints procedure and complain to them about the cretins they use

[PGH7447]

Duplicate post - Doh

[Beerbottle]

HI guys,

 

Thanks for the advice, I did not ring them today but they rang me, 3 minutes before "deadline". I didn't bother answering. The CCA request will be sent first thing on Monday by recorded delivery. (I have work tomorrow unfortunately).

 

I'll keep you informed and updated of any progress.

[Desperate Daniella]

They are downright wicked. They frightened the life out of me when they called and threatened me with all their lies. That was just before I found CAG, thank God.

 

The thing that does make me happy though is that I offered them £1000 and they refused it, and by the time they called me the next day I had, in total hysterics, called the FSA who put me in touch with CCCS who gave me a reference number and told me it was all lies and to pay them nothing. So greed got them nothing.

 

When did you take your Amex card out?

 

DD

[cashins]

Had several dealings with these clowns and they came off worse.

 

CCa them, if they come up with an enforceable agreement, then you may need to speak to them.

 

If they can't, send the Account in Dispute letter and if they persist, make a formal complaint.

 

David

[Beerbottle]

Thanks again guys.

 

I read about your story Desperate Daniella. Thats how I found this site, I googled about AIC and scams because something just did not add up. Your thread was top of the list.

 

I took the card out in 2001-2002.

 

I got a text message earlier this evening around 6pm that says the following:

 

"MrXXXX. Your account is now being actioned, I can only stop this if you contact me at AIC on my direct line 0141XXXXXX."

 

I assume this is more scare tactics? Would it be worth me phoning them tomorrow and asking them to stop the harrassing phone calls/messages and I only want any further contact in writing, otherwise I'll contact the OFT. CCA letter is ready to be posted tomorrow morning as well. Should I mention this to them?

[harrassed senior]

I would not telephone them, but you can send the harrassment letter if you like:

 

5 DCA -response to threats of home visits

 

Adapt to suit.

[Pinky69]

Don't speak to DCAs on the phone - they will just bully you and give you the height of abuse. Everything in writing.

[Desperate Daniella]

Hi Beerbottle,

 

If my story got you here where you will find help I'm delighted. I just feel so sorry for people out there who will be absolutely terrified tonight because they've had their first call from AIC.

 

It is another scare tactic. Don't speak to them because they are just so abusive. Send them the harassment letter and, yes, tell them you have requested a copy of your CCA and if they have anything further to say to you they can put it all in writing. They don't like putting their threats on paper.

 

There is a huge amount going on with Amex at the moment, and a lot more will be happening in the coming months. They do take people to court - but equally people are defending against them and winning.

 

When you get your agreement remove the personal details and post it up - and I'd suggest starting a new thread for it with Amex in the title. I was hunting for about six months for an Amex agreement which was exactly the same as mine and I found it totally by accident because it was actually on a thread covering two cards and was headed MBNA!!!!

 

It is incredibly important to compare what is happening with other people who have the same card(s) as you do because you can see what the card companies are claiming in relation to the agreements. It's also interesting to see the various cut and paste jobs they come up with - MSDW ones are absolutely incredible.

 

Amex, by the way, have had faulty Default Notices for years. Have they sent you one?

 

If you get an unenforceable CCA you can always negotiate a settlement, on the understanding that they remove any Defaults on your credit card as part of the agreement.

 

Unfortunately they don't just roll over and say, "okay, it's unenforceable and we'll go away now and write it off." I actually thought that was what would happen - before I found CAG, obviously.

 

Anyway, let's see what you get from your CCA request, and then you can decide what to do.

 

DDxx