Advice needed please with AMEX and CCA 2001

[fossilfinder]

Hello,

 

I have just registered to this brilliant site, having spent a long time reading many threads about debt, credit card companies, CCA's etc

 

I have to admit to being fairly blown away by it all and could really do with some advice from you guys & girls who seem to know so much

 

In brief, I am in a financial mess, I have 12 credit cards on which I now owe £55,000 in total. I have managed, somehow, to keep making the minimum payments over the last few years and by not facing up to the situation it has spiralled completely out of control and now I am here, in a mess. I am self-employed and have been concentrating on trying to get the business of the ground, it hasn't gone to plan. I own my own home and have about £65,000 equity. I am in the process of trying to sell it

 

I will post in other forums regarding my debt situation, which is being handled by Payplan, but for this thread I want to pick your brains about my CCA with AMEX. I am trying to reduce my debt and the enforceability of the agreements seemed the sensible place to start. So, following the advice on this site and with the aid of the appropriate template I have written to some of my older creditors including AMEX.

 

I have attached ( I think!) a copy of the letter they have sent me (amex1) and the copy of the 'Application Form' I filled in in 2001 (Amex2). The 'Conditions' they sent me (Amex3) are on a separate piece of paper, I can't remember, and i no longer have the original, whether they 'were' on the reverse of the application in the beginning! They have also sent me 'Terms and Conditions' 16 pages of them. I can't remember if they were from 2001 or not!! How would I - any clues?

 

I would very much appreciate any comments you have regarding this CCA with Amex and thank you for reading .

 

Having read other threads it seems the Application form doubled up as the CCA in 2001, I am unclear as to whether this is deemed appropriate in terms of enforceablility?

 

I HAVE NOW UPLOADED THE IMAGES WITH PHOTOBUCKET, PLEASE SEE FURTHER DOWN THE THREAD FOR LINKS THANK YOU

 

All advice gratefully received.

Edited June 20, 2010 by fossilfinder

[banker_rhymes_with]

Hello Fossilfinder!

 

I regret the images are a little too small to read.

 

If you can perhaps upload some enlargements, I'm sure many would be happy to take a good look at them for you.

 

Cheers,

BRW

[fossilfinder]

Hello BRW,

Thank you for the tip, I will have another go at getting the pages up!

Cheers

FF

[fossilfinder]

Just an update whilst I am trying to work out the photobucket to upload images people can see.

 

I received a letter from AMEX today saying they have received notification that I am in a DMP and as such they are advising me that they will be closing my account and referring the remaining balance to an external collections agency.

 

I have read on other threads that AMEX always retain the debt in house? Could anyone advise whether this is the usual thing to happen?

 

The letter goes on to say depending on the current status of the account (??they seemed to know at the start of the letter!!) they may be legally obliged to issue a default notice. Same question really - is this their usual patter?

 

Many thanks

 

FF

[fossilfinder]

Ok I have got photobucket sorted (I thnk!!) so here are the links to the application form, covering letter and T&C's they sent me.

 

http://i892.photobucket.com/albums/ac128/fossilfinder/Amex2002.jpg

 

http://i892.photobucket.com/albums/ac128/fossilfinder/Amex1001.jpg

 

http://i892.photobucket.com/albums/ac128/fossilfinder/Amex3003.jpg

 

I would be very grateful for any advice regarding them?

 

Many thanks

 

FF

[ChalyBlue]

I dont know about debts but they definitely send some of there stuff to outside lawyers

[fossilfinder]

Thanks Chalyblue,

 

I have received a letter from a company called RMA resolve??? Any dealings anyone?

 

What I really need is advice on the AMEX application form and T&C's they've sent me and whether this constitutes a CCA???

 

Many thanks

 

FF

[stevehatesbankers]

RMA are the lowest of the low. They will ring you constantly, try to hassle you and more often than not ring you up then put the phone down when you answer. They are gutter so just tell them you will only deal with them in writing. I complained to Am Ex about RMA regarding the above and surprisingly accepted my complaint thus, RMA are no longer dealing on their behalf

[stevehatesbankers]

Further to the above, Am Ex have provided me with an application and T&C's for 2004. My agreement was for 2003 so needless to say they wont be getting anything from me

[Monty2007]

RMA are the lowest of the low. They will ring you constantly, try to hassle you and more often than not ring you up then put the phone down when you answer. They are gutter so just tell them you will only deal with them in writing. I complained to Am Ex about RMA regarding the above and surprisingly accepted my complaint thus, RMA are no longer dealing on their behalf

 

I had dealings with RMA for 2 years, they usually only collect for Amex and will pass the account back when you tell them to bog off, stop paying or both. They are pond life and should always be treated as such.

 

Ignoring them is the best option IMO. Never call them. They also never respond to letters or e-mail.

[fossilfinder]

Dear Monty2007 and Stevehatesbankers ( like the name!)

 

Many thanks for that, doesn't surprise me that they are lowlife. I have no intention of speaking to them, I have just entered a DMP with Payplan so I have scanned the letter to them and they can deal with them.

 

Do you have any comments on the paperwork Amex has sent me following my CCA request to them? As I said I am new to this forum and have spent a LONG time reading threads but admit to still being a bit confused.com!!! Do you have any advice about how to proceed with AMex now, i.e how to ask again for a copy of the executed agreement, any templates etc.

 

Many thanks for your help,

 

FF

[stevehatesbankers]

Hi FF, my agreement was taken out in 2003 and sent me the T&C's for 2004 stating that it was the oldest T&C's they held. Yours appears to be an application only and dated 2001. Alot of knowledgeable people on here should be able to provide you with an accurate response. I am led to believe that if they dont have a true copy of the agreement OR the correct T&Cs then the agreement is unenforceable

[fossilfinder]

Hi,

 

Thanks for that. Interesting what you say about 2004 T&Cs being the oldest they hold, surely that means that any agreement made prior to that time would not have T&Cs applicable to the contract?? I'm sure there must be a lot of them!!

 

I know there are a lot of knowledgeable folks on here so will wait to hear from them as well hopefully.

 

Take Care

 

FF

[fossilfinder]

Bump,

 

I need to write to Amex disputing what they have sent me under CCA request. I have seen two or three templates on here but am a bit confused as to which would be most relevant?

 

Please can someone advise?? I basically want to question the validity of sending an application form from 2001 and T&C's which could relate to anything or anyone.

 

Many thanks folks

 

FF