Advantis chasing Amex 'debt'

[hammyhound]

I am subbing with interest.

 

Can a Claimant rely on a blank default notice in court and say "this is what we would have sent you".

 

Very interesting thread.

 

HH

[intree]

Hi and thanks for your advise as always

 

I can confirm that I have SAR both AMEX and EGG, they have both defaulted and recorded this on the credit files in 2007 for accounts which were opened 1994 AMEX and 2000 EGG, they have also both closed the accounts and terminated and they are with CCCS, but neither have sent a Default notice to me, so can they make one up b4 court - if it gets to that stage, as their own computer records show no default notice date of isse but do show termination dates.

 

Thanks for your advice.

[postggj]

Yes

 

they Can Make On Up AnD Say This Is What We Would Have Sent

 

But

 

to Take Any Litigation, They Would Need The Original

 

All Smoke Screen And Mirrors Again My Friends

[hammyhound]

Sorry to but in to your thread Intree, didnt mean to.

 

Oh well court proceedings have already begun let's see what they show in their disclosure - surely they wont produce a blank DN then.

 

HH

[dori2o]

Well here is an update.

 

This account has now been passed to Moorcroft, how nice..

 

They have been writing to my previous address threatening to go round, claiming they have been round, threatening bailifs,phoning all day and night. They have been told off my parents that I no longer live there and have not for 10 years, but still they phone and write.

 

Then my mum got her solicitor friend involved, they sent a fax on Monday and what do you know, tonight they actually phoned me. I guess they finally took the time to speak to Amex and get my actual address/telephone details.

 

Apparently the guy was from the pre-court division who called tonight. Needless to say I refused to go through the security questions. The guy then continued to tell me why he was phoning and confirmed I have an account with Amex, what the balance was, and what I could do to resolve the matter, all without confirming my identity.

 

I just told them that I will negotiate a payment plan for the balance when they fully respond to my request for a copy of the credit agreement that fully meets the requirements under the CCA 1974, then politely said goodbye and put the phone down.

 

Anything else I need to do?

[Desperate Daniella]

Hi Dori,

 

You already know that 'pre-court division' means absolutely nothing. The same people just change the headed paper in the printer.

 

Others here will tell you that if the guy went ahead discussing your account without your going through security he is in breach of data protection rules, but I don't know enough to advise here.

 

You've told them to come up with the CCA so let's see if it arrives, and if it does then let's see if it's enforceable!!!!!!! If not, you can decide what you pay and when.

[dori2o]

Ok here's a new one.

 

The account has now been passed to another collector, SRJ Debt Recoveries.

 

They phoned today, and get this.

 

Apparently they (AMEX) don't have to abide by the CCA1974, as they are an American Company and as such the CCA does not apply.

 

You really could not make this **** up!!!!!!!!

 

Think I may have to send another letter to TS and the OFT. Along with another letter telling them to speak to their client and find out why I've stopped paying them.

[42man]

That's a good one !!! did you record the conversation by any chance ? If that is the case ask them where they securitised the debt ? and you'll looking forward to defending your case in a US court of law !!

[dori2o]

Didn't record the call unfortunately, they caught me unawares, but I couldn't stop laughing when he told me that, he said he couldn't understand why I was laughing and didn't like my attitude towards this matter.

 

I told him to tell his client to put up or shut up.

 

He said I could expect court papers within 48 hours, so 31hrs and counting.

[ScarletPimpernel]

SRJ are one of the many flaccid DCAs that Amex have set upon me. They didn't get as far as using the risible US law excuse (which I suspect they've plagiarised from MBNA, who are old hands at this particular piece of mendacious rubbish), because they were unable to tell me exactly who their client is. 'American Express' doesn't cut it - there are lots of Amex companies, but none are just called American Express. If their letters just have 'American Express' as the client, then you should ask them to clarify just who they represent. It's like pouring salt on a slug.

[dori2o]

Just received a phone call from Advantis Credit. I refused to confirm who I was but they told me they were looking for a Mr dori2o regarding an Amex account.

 

The last correspondence I had was from Copes Solicitors in April 2009. I made a CCA request that has not been fulfilled, they sent me a copy of the application form with 2008 terms and conditions within a seperate document.

 

Amex issued a Default notice to me in November 2008. Now this notice was not correctly formatted, amongst other things it gave me 14 days from the date on the letter to resolve the issued,not 14 days from date of receipt, which I believe is/was a reason for being incorrectly formatted.

 

I have checked with all credit reference agencies and this default has not been registered with any of them.

 

I have not been in contact with them since April 2009, they have failed to complete their obligations re the CCA sent to them 09/11/2008, their new DCA seems to think it is funny to ring then put the phone down upon answering, and the default notice would seem to be incrrectly formatted.

 

I've not had the need to post on here for some time regarding thiese matters so I have not kept up to date with the current in's and out's of what my rifghts are. Can somebody please advise what, if anything, i need to do now.

 

Thanks

[Bazooka Boo]

Who is the new DCA?

For starters you MUST make a formal complaint about them using auto diallers to Ofcom and get them a fine of up to £2 million!!

http://www.ofcom.org.uk/contact-us/

 

http://www.callcentre.co.uk/ccf-news-content/full/silent-calls-legislation-passed-by-mps;jsessionid=22A50FBC7A61439DE4C959AF670E04C0

[dori2o]

The DCA is Advantis Credit.

 

http://www.advantiscredit.com/

[dori2o]

Hi

 

Any advice appreciated

[Bazooka Boo]

Have you made a complaint about them to ofcom about their misuse of the communications network?

 

If they have failed to comply with your CCA request, then have you told them that the account is disputed OR that they have failed to comply with your request?

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

 

The DN you received must state an actual date, not simply 14 days from the date of this leeter, what was the amount they asked you to repay, was it just the arrears or the full amount?

Have they terminated the agreement yet?

When did you take this agreement out, and how?

Can you scan & post up the DN and anything else they have sent you, like the termination notice, and their reply to your CCA request.

[dori2o]

This is what they have sent

 

[ATTACH=CONFIG]23209[/ATTACH]

 

I've just noticed I already have a thread for this Amex account here.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?167569-AIC-Newman-re-Amex&highlight=

 

Following receipt of this another copy was sent to me by Newmans Debt Collection Agents along with the 2007 terms and conditions.

 

As you can see from the application form The account was applied for in 2001, and was applied for by completing a form at a American Express booth that was set up outside the staff canteen at work.

 

Amex sent a DN dated 12 October 2008 as follows

 

Membership Number: xxxxxxxxxxxxxxx

 

Re: AMERICAN EXPRESS CREDIT CARD ACCOUNT

 

 

DEFAULT NOTICE SERVED UNDER SECTION 87(1) OF THE CONSUMER CREDIT ACT 1974

 

 

IMPORTANT - YOU SHOULD READ THIS CAREFULLY

 

Dear Cardmember,

 

We refer to the American Express Credit Card Agreement with reference to the above membership number between you and American Express Services Europe Ltd. You have failed toi make the minimum payments due to your account as required by clause 3 of the terms and conditions governing the use of the American Express Credit Card. To remidy this breach the payment due on your account of £80.00 must be received within 14 calendar days from the date of this default notice.

 

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN, NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH. IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.

 

1. The Agreement will be terminated.

 

2. All sums outstanding on your account plus interest will become immediately due and payable.

 

3. Your account may be referred to a debt collection agency and you may be charged for any costs which American Express incur in recovering any overdue amount from you as stated in Clause 7.2 of the Terms and Conditions governing the use of the Credit Card.

 

4. No further use may be made of the Credit Card account and we will take any necessary action, including court action, to stop further use.

 

5. Information regarding the status of this account will be reported to a credit bureau where is will remain on record for 6 years.

 

and another dated 31 October 2008 which is set out as follows.

 

Dear DORITO, MR S

 

Re: AMERICAN EXPRESS CREDIT CARD ACCOUNT

 

 

NOTICE OF DEFAULT SUMS SERVED UNDER SECTION 86(E) OF THE CONSUMER CREDIT ACT 1974

 

 

We are writing to you because you have been charged default sums, the amount of which are described below.

 

Details of Default Sums

 

(a) Amount Due £ xxx. xx as you have been charged an account administration fee.

(b) Payment Due within 4 days of postmark.

 

Total amount of default sums, see above £.xxx. xx

 

This notice does not take account of default sums which we have already told you about in another default sums notice, whether or not they remain unpaid.

 

Yours faithfully

 

This account was then referred to AIC who demanded that 'payment of the total amount due must be directed immediately to the offices of AIC.

 

I finally managed to get rid of AIC after referring to their local trading standards office as their client could not fulfil their obligations under the CCA, a copy of which was forwarded to AIC (it was them who first sent the Application Form above)

 

Then in February 2009 I got a letter from another DCA- Newmans - asking that I contact them to arrange payment.

 

As per the information in my other thread, Newmans also sent me a letter dated 23 February 2009 that said

 

I refer to the above outstanding balance.

 

After conducting a land registry search at the above address we have ascertained that the property is registered to you. As a homeowner or mortgage holder you may be in a position to be able to release equity in order to clear this debt.

 

Please contact this office immediately to discuss the matter with one of our advisors.

 

The also sent me a Copy of an application form for somebody else.

 

I responded with a copy of the CCA request. They wrote back stating that as the Applicxatin form originally contained the prescribed terms and conditions on the overleaf that it was true and was enforceable. They couldn't provide a copy of these terms and conditions, but were kind enough to send a computer print out of the 2007 terms.

 

I responded advising this did not satisfy the CCA request to which they responded telling me that I should have a copy anyway from when the application form was first completed, and that the signature box on the application form clearly states 'This is a Credit Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms'.

 

They also claimed that I would have been sent a copy with the card carrier when the card was first issued, and that this fulfilled their obligations under the CCA request.They advised that they would no longer correspond with me and that Copes solicitors would be in contact.

 

They were, but it seems they got their files mixed up, you see I am Mr S Dori2o, they wrote to me in reference to a Mr P Dori2o and his debts owed to Arrow Global Ltd.

 

Needless to say they were rather perplexed that I claimed the account to be in dispute, and had never had a CCA request from Mr P Dori2o. They also advised they have a CCJ for Mr P Dori2o.

 

I wrote back to them and advised them of their mistake, and also sent copies of all correspondence to the ICO and Trading standards. Until this call the other day I have heard nothing since.

 

I have today sent the letter to OFCOM re the latest telephone calls.

 

Sorry this post is so long. All advice apprecitade

 

 

EDIT: Sorry cannot scan the letters etc as have no scanner.

[dori2o]

All help appreciated

[dori2o]

Sorry don't have a scanner so can't scan the letter.

 

Received a letter today from Amex dated 11 February 2011.

 

It's a letter telling me about charges added to my account.

 

It refers to a late payment charrge of £12, and a overlimit charge of £12 both debited to my account on 21 November 2008.

 

Anyone else had this?

 

Any reason why they are over 2 years late with this notification?

 

STORY SO FAR

 

Currently waiting for CCA that was originally requested back in Early 2009.

 

Amex so far have- issued a incorectly formatted default notice on 31/10/08. This has never been notified to any CRA.

 

- Failed to supply the CCA as requested. Their DCA Newmans sent me a copy of the application form I completed for the Amex Blue card (from 2001) and terms and conditions for an Amex platinum card with someone elses name and address on.

 

Newmans sent me another letter letter confirming that they had done a land registry search and that 'As a homeowner or mortgage holder you may be in a position to be able to release equity in order to clear this debt.'

 

Then another confirming that when I received the card in 2001, the card carrier included the terms and conditions and therefore that fulfilled my CCA request in 2009.

 

Then they sent me their final response, a letter with another copy of the 2001 application form I signed, and a computer printed copy of the 2007 terms and conditions.

 

Then I received a letter from their solicitors Copes

 

I wrote back advising the CCA request was unfulfilled as as such the debt remained unenforceable.

 

Copes then wrote to me, but not me.

 

Confused.

 

I am Mr S dori2o. they wrote to a Mr P dori2o at my address.

 

I now know that Mr P dori2o had a CCJ lodged against him on 21/11/07 filed by Arrow Global LLC. That he will be dischearged from the debt upon receipt of the agreed monthly payments, and that he has so far paid £300.

[dori2o]

Sorry for re-opening a very old thread

 

but I have received today a phone call to my employer asking for me by

Charter Mercantile Agency regarding this AMEX debt.

 

Unfortunately I have not been keeping up to date with the current state of play

regarding these situations and I would be glad of any help.

 

This DCA has been writing to my old address (parents) where I left in 2002.

 

Amex have the dtails of my current address, as do all the previous DCA's

so there is no reason at all to be writing to my parents address.

 

My parents have copied these letters and sent them back 'Return to sender' advising

I have not lived there since 2002.

 

This account was defaulted in October 2008.

 

As I am so close to the 6 yr limitations timeframe I am worried about contacting this company,

but I am very unhappy at them contacting my employer.

 

i have never informed them of my employment status and the last employer they know

I worked for I left in 2003.

 

Any help is appreciated as

I'm worried this may affect my employment with them contacting my place of work out of the blue.

[Bazooka Boo]

I cannot stress how much you need to be making very loud complaints about this clear attempt of intimidation to the following,

OFT, OfCom, Trading Standards, FCA, your local MP and finally the clowns in question.

 

When you write to them be sure to mark it as ''FORMAL COMPLAINT'' and edit the contents to suit;

 

Dear Bill&Ben,

On DD/MM/YYYY a phone call was made from your company to my employer regarding an outstanding debt you claim I owe.

For the avoidance of doubt I DO NOT ACKNOWLEDGE ANY DEBT to you or any client you represent.

For your attempt at intimidating me I have made formal complaints to the following, the OFT, TS, FCA, Ofcom and my local MP.

Should you continue to pursue this puerile method of intimidation and harassment I will report you to the Police for the serious

criminal offence of harassment.

 

If there is anything you do not understand then you should seek legal advice, for the avoidance of doubt, No debt is acknowledged

therefore this matter is now closed, except for your written letter of apology and confirmation that the matter is now closed, I will not

enter into any further protracted correspondence with yourselves.

 

Should it be your intention to continue with this, then I will seek legal action, including, but not limited to, reporting you to the police and

taking action against you through the courts.

 

Regards.

[PRINT NAME]

 

It's an absolute liberty!!!

Talk about behind the times!? Threats and intimidation using the phone went out with square wheels....how utterly utterly puerile.

 

Any how, clearly this is the last push before they can do anything with it and they end up with a lemon on their books.

 

What does your credit file look like?

Are they still reporting on it?

[Desperate Daniella]

BB has told you exactly the right thing to do.

 

They had no right whatsoever to speak to your employer about your personal "alleged" debts, and they know that very well. Please do put in all the complaints.

 

DD

[dx100uk]

typical trick of advantis

 

they pull all the stunts they can to spoof you into

paying or contacting them.

 

DONT!!

[citizenB]

BB, the OFT is no longer Trading standards and FCA/FOS are now the bodies to complain to.

[Bazooka Boo]

Thank you CB, noted, and an attempt at storing it will be made!

 

Just a habit of listing the usual bodies to complain to for so many years....

[dori2o]

Hello.....

 

Unfortunately I'm still having trouble with this account.

 

Everything is summarised in post #116 onwards.

 

Earlier this week my parents again received post regarding this account at their address.

 

I have not lived at my parents address since 2002.

 

Amex and all their DCA's know my address as I wrote to them using my current address when dealing with the whole CCA request issues and they responded to my letters at my home address.

 

So, my parents received a letter last week which turns out to be a statement demanding the full balance.

 

The last payment on this account was in August 2008.

 

Default 1 issued 12 October 2008

 

Default 2 issued 31 October 2008

 

Sent CCA request at beginning of November 2008.

 

I have never received anything that complies with the CCA. I got a copy of my application form from 2001, and much later after the accoount had been passed to several other DCA's I got an A4 piece of paper with T&C on from 2005 with anther copy of my application form dated June 2001.

 

I did receive other documents such as a copy of someone elses application form for a Platinum Credit card and also details of someone elses CCJ, but nthing that complied with the CCA request that I made.

 

It's getting a little tedious now as I believe that as of December 2014 (6 years since the deadline to provide the necessary documents as requested under the CCA) this account in now statute barred.

 

The last payment I made to the account was August 2008.

 

Last correspondence I sent to DCA's was April 2009 but as from October 2008 when I sent the CCA request I had advised in the correspondence that I denied any knowledge of any debt.

 

So, can anyone advise?

 

Am I right, this account is now statute barred?

 

Thanks in advance.