AMEX admit NO agreement but assigned to Moorcroft to chase

[lochlisa]

I reckon this is a crock of nonsense and may even constitute an unlawful rescission of the account

 

any comments?

 

amex by ladypinkpenelope, on Flickr"]

amex by ladypinkpenelope, on Flickr[/url]

[silverfox1961]

That is a notice of termination not a default notice. If you have not received a default notice, I would get a SAR into Amex ASAP to find out what they have done. The account history should show something

[lochlisa]

sorry, too much wine last night !

 

here is the letter from January.

 

I should add that the account is in dispute and has been for a few months as Amex are unable to provide a copy of the original agreement.

 

 

http://www.flickr.com/photos/59427059@N03/5438584872/in/photostream/

Edited February 12, 2011 by lochlisa
additional information

[lochlisa]

hi all,

 

 

Amex have confirmed that they do not hold an original card agreement but they have assigned the debt to Moorcroft who, they say, have every right to chase the debt despite it being in dispute.

 

Am I correct that without the original agreement there is little chance of a court case and can I just ignore Moorcroft and tell them to get lost?

 

They are constantly phoning and writing, despite being instructed only to conduct communication in writing.

 

What exactly should I do?

 

thanks, Lisa

[SWLABR9]

Are you logging their calls? You might want to get Trucall to help with that. Also it can block their number so you won't be bothered by them. I can't offer you definitive advice as I'm not anyone legal but I'd suggest if there's no agreement then there's no debt. I understand there's no debt anyway in law until it's been to court, it's an alleged debt till then. Anyone happy to confirm that? Well, if there's no agreement been made then I doubt you'll be seeing a court which is why the frighteners are on you, they can't do much else.

[dpick]

Hi we need to know the date that the account was opened ie before or after April 2007 to then be able to give the correct advise.

 

dpick

[BRIGADIER2JCS]

Hi Lisa,

 

How old is this debt?

 

I suggest the following to the Compliance Manager at Moorcroft.

 

Dear Sir or Madam,

 

Ref: xxxxxxxxx xxxx

 

I write regarding you correspondence concerning the debt for xxxxx xxx

which you allege is owed by me,.

Take note I do not acknowledge any debt to you or any company you

may claim to represent.

 

I should remind you that this matter is in dispute with you client and

until that dispute is settled no further communication can be entered

into.

 

I now require you to cease all contact with me until the dispute is settled.

 

I will report any further contact to the OFT.

OFT Guidance Section 3.7 (o) States that: Ignoring and or disregarding

claims that a debt is disputed and continuing to make demands for payment

without providing clear justification and or evidence as to why the claim is

not valid..

 

Send it RD

[lochlisa]

hello all, thank you for the advice so far.

 

this account goes back almost 10 years and all they have sent me are the terms and conditions dated 2010.

 

thank you again !

 

Lisa

[BRIGADIER2JCS]

When did you cease payment Lisa?

[lochlisa]

payments ceased over 2 years ago now

[BRIGADIER2JCS]

payments ceased over 2 years ago now

 

Just wondered as there have been a number of Amex recon agreements

for old accounts, no sign of that here:-D