Amex disregarding CCA request default

[Llewelynlad]

Hi

 

After spending lots of time on the forum I sent my bank a request for our CCA in relation to a large business loan. Our company went into receivership due to a large bluechip client continually paying late. I have been requesting the loan agreement since January and sent the CCA request as a last resort. Now i suspect they have no loan agreement but they have responded saying they are not in default as the CCA does not apply to limited companies!

 

Is there alternative legislation that does cover ltd company? surley they cant enforce a loan without an agreement.

 

Many thanks..Llew

[rebel11]

Hi Llewelynlad,

 

Welcome to CAG

 

May you could give the ICO a ring Data Protection and Freedom of Information Advice - Information Commissioner's Office (ICO), they will tell you how to obtain the information you seek.

I know individuals can send SAR requests with £10, but not sure if it applies to companies.

[Llewelynlad]

Thanks for that..surley they cant enforce a laon without a signed agreement.

[rebel11]

Llewelynlad,

 

Unfortunately I'm not clued up on business loans, but I can't think why it would be any different.

[Llewelynlad]

Amex are chasing me for money, which i dispute i owe. They passed it on to Newmans. I sent the CCA request (to Newmans) which they defualted on. I sent the defualt notice to Newmans. Amex have now passed the account to AIC. I have expalined to a rather snotty woman the stage the account is at, ie the defualt. She is speaking to Amex.

 

Whats is my next step.SurleyAmex know about the default as Newmans have given up?

 

Regards

 

Llew

[Llewelynlad]

Amex are chasing me for money, which i dispute i owe. They passed it on to Newmans. I sent the CCA request (to Newmans) which they defualted on. I sent the defualt notice to Newmans. Amex have now passed the account to AIC. I have expalined to a rather snotty woman the stage the account is at, ie the defualt. She is speaking to Amex.

 

Whats is my next step.SurleyAmex know about the default as Newmans have given up?

 

Regards

 

Llew

[silverfox1961]

Hi,

I would be sending AIC letter 17 from here:

 

The Consumer Forums - Debt collectors

 

 

 

and STAY OFF THE PHONE (unless you are recording the call)

[Llewelynlad]

Hi,

I would be sending AIC letter 17 from here:

 

The Consumer Forums - Debt collectors

 

 

 

and STAY OFF THE PHONE (unless you are recording the call)

 

Thanks for your reply..i cant send anything they have only contacted by phone

[silverfox1961]

Oh well, refuse to go through security with them, they then cannot continue the call and they will eventually write to you. You can then hit them with the letter

[smouk]

Next step? Stop talking to them, their DCAs, their "solicitors" - you need a paper trail.

 

A CCA request direct to Amex might focus their attention a little - if they have no agreement then you can formally default them and make them look alittle more daft should they then pass it out to yet more DCAs.

[cerberusalert]

Moved to Debt Collection Forum.

[jon888999]

Hi,

I would be sending AIC letter 17 from here:

 

The Consumer Forums - Debt collectors

 

 

 

and STAY OFF THE PHONE (unless you are recording the call)

 

Fully agree never talk to these muppets on the phone, best thing is to change your phone number, make it ex directory and be really careful who you give it to.

The phone companies always try to charge, but :smile:if you've been getting "obscene" phone calls they waive the charge.

Amex do give up eventually, but they are hardwork.

[jon888999]

Thanks for your reply..i cant send anything they have only contacted by phone

Google for the address

[citizenB]

3 threads on same issue merged.

[Llewelynlad]

Hi

 

Further to past posts Amex have refered the case back to newmans who are threatning court action. Even though Amex and Newman eventually sent the CCA they are still in defualt as it diddnt arrive in the required time? They also di not send supporting related documents.

 

Am i correct in assuming that the debt is still un enforceable due to the defualt, even though they sent it late...very late?

 

Tim

[harrassed senior]

The account is 'in dispute' until such time they produce enforceable documents.

 

If you could scan and post what has been received (after removing all identifiers) then opinions can be given as to the enforceability of the account.

[Llewelynlad]

Thanks for the reply

 

They have produced the CCA, but no record of payments etc. However they produced the CCA after the prescribed time limit.

[silverfox1961]

It doesn't matter that they produced the agreement after the prescribed time. All that stopped them doing was chasing for repayment. Once the agreement was supplied they could restart chasing however, they haven't fully complied by not sending you a statement of account.

 

What is needed now is a view of the agreement to see if it is a "good un" or not

[Llewelynlad]

Hello everyone

Time to resurrect my Amex thread.

My Amex credit card was used by my company which is now wound up! Amex say the debt is mine and Newmans are dealing with it. I have had the CCA and I have disputed the debt on the grounds that the agreement is

A) an application form and B) clearly states that the application is for “my company Ltd” signed by me.

Amex have said that they have considered the dispute but still insist its my personal debt. Newmans have threatened to SD me now.

I think the agreement (application) is not enforceable, even though it has the prescribed terms on it. It does not say it’s a personal debt nay where and the T &C were never sent to me (only sent them after I requested the CCA)

Also I have never seen a notice of assignation from Newmans.

Any chance of me posting a copy of the agreement for someone to look at before I respond to Newmans

Kindest regards..llewelynlad