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Crispybacon V AMEX/AIC


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Hi All

 

After struggling with my finances for more than 18 months and borrowing more and more to just meet minimum payment.

 

I finally decided to address this and approached the CCCS who helped me put together an I/E sheet and a prorata proposal to all of my creditors based on my surplus income.

 

As this is my mess and I am determined to resolve this myself I have not engaged my creditors through CCCS put instead have sent proposals myself.

 

I have an outstanding debt with AMEX which is being dealt with (put not assigned or bought by) AIC and for the last 9 months have been paying AIC a lot more than I could afford.

 

I have written to AIC informing them of my my proposal however they have outrightly refused to pass on my offer to AMEX and have rejected my offer.

 

Basically what are AIC's legal obligations on passing on my proposal to AMEX?

 

I am pretty sure that if this went the County Court route a judge would take a very dim view of a DCA's outright refusal to put a fair proposal from a debtor to a creditor?

 

Whats your thoughts?

 

Thanks in advance

 

Crispy

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You're right the judge WOULD take an extremely dim view of it. There's a letter on here somewhere with the correct reply to their outright refusal which I will look for after I've finished eating this rather splendid piece of free fish :D In the interim I would peronally alter your payments accordingly. They'll kick off, stamp their feet and throw the teddies out of the cot but other than that, that's ALL they can do.

 

Will get back to you when I find said letter

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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Hi Rayne

 

Thanks for your reply and help. I have already advised AIC I will continue to make a monthly payment but it will be of the amount outlined in my DMP but something else I can hit them with would be great.

 

Enjoy your fish! Mmmm battered cod and chips :)

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Damned if I can find that letter but I'm going to keep looking as I'm sure it wasn't a figment of my over active imagination :)

 

And yes that fish was lovely, best part about it being that it was free. Live just round the corner from a chippy, double edged sword that one is, and they cooked too many fish so myself and two others all got a free fish as it was closing time and they wanted to shift them.

 

Will keep looking

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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Hi All

 

Can anyone help with the legal position in AIC refusing to pass on my offer to AMEX?

 

Should I write directly to AMEX collections department or is it worth raising a complaint with them informing them that AIC have refused to even pass on an offer of payment?

 

Cheers

Crispy

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Hi - first dont worry ok

 

When was this account taken out?

has it been defaulted?

been terminated?

 

Have you asked for a copy of your agreement from AIC, basically if you ignore AIC, they will pass the debt on to some other low life - just send them the SAR and a £1.00 postal ordxer and if they dont send you one or if the agreement is not enforceable then you make no offer of payment and wait for them to take action - at that point post back for more advice - dont worry about AIC as they will only demand whatever they can get (or hope to get from you) it is not worth complaining to them or writing - other than to make your point about the eligibility of the agreement.

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Hi All

 

Thanks for your replies!

 

As it happens I'm not worried or stressed about this, i ceased doing that a long time ago, it really isn't worth it!

 

In answer to the questions asked:

 

The agreement was taken out in September 2007

Yes the account has been defaulted

Not sure if it has been terminated. I still receive monthly statements direct from Amex and they have confirmed that they still own the account and have not 'sold it on' to AIC.

 

What is intriguing is that today I received a package from AIC which contained a photocopy of all my statements from Amex. What do you think the reasoning is behind this?

 

Thanks for your help!

 

Crispy

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