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Amex sold debt to Capquest - Oh no they didn't


toddle2u
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In December started getting threatening letters from Capquest regarding an Amex credit card. It quite clearly stated on the letter that they had bought the debt of Amex. Then started getting letter of H L Legal threatening legal action. So then CCA'd both Capquest and Amex. Amex replied that nothing to do with them as they sold the debt to Capquest in Dec 06 and all further enquiries should be made to them. Fair enough - did not get anything back from Capquest and they were in Default.

Then this week received a letter from Amex saying they had made a terrible mistake and that the debt should not have been referred to Capquest and please accept their apologies for this oversight. They also enclsoed a copy of the original agreement with my signature on without any terms and conditions. Also enclsoed a was a copy of the Default Notice they had issued which was unsigned by them. They then went on to say could I please call them to arrange payment.

Now as they passed on my details to Capquest and they in turn passed them on to H L Legal and this all now turns out to be an unfortunate mistake have they not broken some DPA laws? And also does the fact that the Default Notice was not signed make it invalid?

Any advice or comments appreciated.

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Unfortunately they don't need to sign the default notice, however I think you should definately pursue them over the "mistake" they've on passing your details to capquest. Not sure if the original agreement would stand up either but maybe someone else could advise on this as I know there's alot of debate on it. Either way I think their mistake has put you in a strong position.

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Hi...

Before we start dealing with the default notice, is the agreement VALID, ie does it adhere to the prescribed terms laid out in the cca 1974 and cca (agreements) terms 1983.

 

Most dont

 

Ive just had a go at

 

Welcome finance ***(won) *** Agreement invalid, debt cleared

 

Morgan stanley in the process (they are in default) for only supplying an agreement and not the executed doc

 

monument in default at the moment

 

Check your docs PROPERLY.

 

you should try to resolve it through proper negotiations, but if they are being A**holes then its gloves off and go for them

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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I would say that the agreement is not valid as it does not contain any of the prescribed terms on the agreement they have sent me. However, as this is for a credit card debt rather than a loan I would have thought that they don't have to show APR and amount of credit etc. offered. What terms should it show as a minimum?

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Ok first off......

 

It has to contain both signatures.....if it doesnt then you are in with a chance

 

read or have a look at

http://www.crw.gov.uk/resources/consumercreditact1974.pdf

 

especially s60-61 s78

 

also http://www.oft.gov.uk/shared_oft/reports/consumer_credit/oft786a.pdf

 

especially section 2

 

and then have a look at this thread

 

http://www.consumeractiongroup.co.uk/forum/general-debt/74733-credit-agreement-application-post700290.html#post700290 and if you have ANY time left :-) have a look at http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements.html

 

you'll need a sleeping bag and a weeks supply of coffee for that last one

 

but basically the agreement is not valid or cannot be enforced without a court order if any of the terms are missing.

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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