Amex improperly executed

[major debtor 2010]

Hi All

 

Thought I would post a copy of a letter received from Brachers acting on behalf of Amex.

 

"We are aware that both agreements are improperly executed but cannot forsee that this will cause any dificulties in obtaining an enforcement order in the event that legal action is required to recover the outstanding balance"

 

Anybodies thoughts or advice would be appreciated, do I just forward to Trading Standards?

 

Thanks

 

Major Debtor 2010

Edited July 12, 2010 by major debtor 2010
Thumnail too small to read

[Pinky69]

Too small to read but from what you say they are pushing their luck. TS won't be interested but you should report them to the OFT if they are pursuing payment on unenforceable agreements, pointing out why they are unenforceable.

[cerberusalert]

It depends on how it was improperly executed. If it's just a matter of the lack of their signature a court would be likely to view the agreement as still enforceable.

[major debtor 2010]

Thanks for the comments!

 

Cant seem to find out how to increase size of attachment!

[cerberusalert]

If you upload it to a hosting site such as tinypic and then copy & paste the URL back here it'll appear full size.

[major debtor 2010]

Many thanks to cerberusalert for the info on how to get view attachments.

 

I thought all docs had to be uploaded via the attach files facility, maybe this information should be on the instruction board for docs to attach to posts?:idea:

 

 

 

http://i30.tinypic.com/r7t8b4.jpg

Edited July 13, 2010 by major debtor 2010
address visable on document

[beachcomber60]

You need to remove that reference number from the letter as it will identify you to the creditor/solicitor if they're viewung the thread.

 

Also, Iam viewing the thread on my iPhone & I can just make out parts of your address.

 

Regards,

 

Beachy

[Monty2007]

Many thanks to cerberusalert for the info on how to get view attachments.

 

I thought all docs had to be uploaded via the attach files facility, maybe this information should be on the instruction board for docs to attach to posts?:idea:

 

http://i26.tinypic.com/23r2v7s.jpg

 

As Beachy said, your reference and name/address can be seen on this document and Amex and their sols monitor CAG.

 

Brachers are being very cocky here, no doubt spurned on by some recent cases.

 

Did you recieve a DN for these accounts?

 

Please also confirm that they are credit cards and not charge cards?

[major debtor 2010]

Hi ya

 

Many thanks have amended attachment so that address and all reference numbers are now removed.

 

I can confirm that I received a DN and that these related to their credit cards, not AMEX charge cards

[Pinky69]

Do you have the agreements? Post them up and we will check them for enforceability. Remember to cover over your personal details.

[major debtor 2010]

Copies of the agreements received from Amex, if I have missed any pages, please let me know, thanks!

 

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http://i1022.photobucket.com/albums/af343/majordebtor/Debtor/12July2010004.jpg

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[major debtor 2010]

Hi All

 

This morning received the attached letter from Brachers,

 

http://i1022.photobucket.com/albums/af343/majordebtor/12July2010001.jpg

http://i1022.photobucket.com/albums/af343/majordebtor/12July2010002-1.jpg

 

 

would really like some guidance on what i should do next?

 

Many thanks

[major debtor 2010]

Latest letter received from Brachers

http://i1022.photobucket.com/albums/af343/majordebtor/Debtor/scanneddocument002.jpg

 

Any coments would be very welcome, thanks

[cerberusalert]

I'd be tempted to send them Scotts letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

[major debtor 2010]

Latest letter received from Brachers, as always any comments or assistance will be greatly appreciated

http://i1022.photobucket.com/albums/af343/majordebtor/scanneddocument001-1.jpg

 

Many thanks

[major debtor 2010]

latest letter received from Brachers, following my request to write off debt

 

http://i1022.photobucket.com/albums/af343/majordebtor/Debtor/scanneddocument002-1.jpg

 

Any thoughts or comments would be much appreciated