Alexskord Vs Aic! Can You Please Help Me?

[alexskord]

Apologies everyone

I forgot to tell you that I ve send a SAR and a CCA to American Express last Friday....

[PriorityOne]

Today it would have been their last day i.e the 12th but on Monday it was bank holiday:)

Anyway one more day + another 2 for the postage.

Could anyone tell me what is the next step if they won t send anything?Should I reply to them or wait further 30 more business days?

 

After the 12 day default, you are within your rights to withhold all payments until a CCA can be produced and re-enforced..... After the additional calendar month has passed, report them to the OFT and TS. In the meantime, record all attempts to pursue you for payment (letters/'phone calls) whilst they are in default of your request.... as these can be reported as well.

 

No need to contact the DCA though....

 

[alexskord]

thanks you very much priority one

do DCA not deal with these types of reports??

[PriorityOne]

thanks you very much priority one

do DCA not deal with these types of reports??

 

DCAs are not in the habit of complying with the law.... so if they disregard it, then they need to be reported to the relevant authorities. There is no guarantee that anything will come from your complaint... but it will be on record, which is important.

 

If you were to complain to the FOS, I believe that you have to go through a DCAs internal complaints procedure first... before the FOS wil pick it up. However, this is not necessary for TS/OFT complaints.

 

[alexskord]

hi guys

On 30 th of May Amex has received a sar and a CCA. Today I ve received all the statements. Unfortunately I am very confused.

The letter says:

""""I ve been passed your letter by our Correspondence Dept and understand you wish to exercise your right to Subject Access under Section 7 of the 1998 Data Protection Act.

i have enclosed copy statements for you and am able to provide those free of charge as a goodwill gesture..............

However should you require a full disclosure we require you to complete the enclosed form and return it to the address above, together with your cheque (What does this means??????)

Should you have any queries regarding the charges on the statements please do not hesitate to contact us in writing and attach the relevant statements."""

 

Now the problem is that they only charged me once with £25.00. the other 4 times that they charged me was £8.00.Iam also not sure about Interest charges.Every month they charged me around £39.00 per month even if the statement was saying that my account has been closed and been passed to a collection agency. (Is that correct?????)

My charges are as follows.

24 May 2006 Late payment fee £25.00

24 July 2006 Late payment fee £8.00

23 Aug 2006 Late payment fee £8.00

24 Sep 2006 Late payment fee £8.00

24 oct 2006 Late payment fee £8.00

Unfortunately all of them are £57.00

But i Do not know how can i calculte them with interest.

Can someone experienced tell me how to do it??

[alexskord]

i also wnt o tell you that i haven t received the CCA yet. I think its soon though...

[PriorityOne]

hi guys

On 30 th of May Amex has received a S.A.R - (Subject Access Request) and a CCA. Today I ve received all the statements. Unfortunately I am very confused.

The letter says:

""""I ve been passed your letter by our Correspondence Dept and understand you wish to exercise your right to Subject Access under Section 7 of the 1998 Data Protection Act.

i have enclosed copy statements for you and am able to provide those free of charge as a goodwill gesture..............

However should you require a full disclosure we require you to complete the enclosed form and return it to the address above, together with your cheque (What does this means??????)

I would be very wary of signing anything that they send you. You have already made a legal request for information and therefore, they have to comply with this. Keep all correspondence that they send you however, in case it needs to be copied/forwarded on to the Information Commissioner at a later date. I am assuming that you already enclosed a cheque for £10 in with your SAR ?... If so, write back (rec. delivery) and say that.... further to their letter of xx/xx/2007, you have already made a request under The Data Protection Act, 1998 which was received by them on xx/xx/2007. Under the terms of this request, you require full disclosure and have already enclosed a cheque for the required fee. According to your records, they have xx remaining days within which to comply.

Should you have any queries regarding the charges on the statements please do not hesitate to contact us in writing and attach the relevant statements."""

 

No... you keep hold of your statements. I will try and find a spreadsheet link for you in a while... All of the unlawful charges are entered into the spreadsheet and a copy is then sent to them for a refund.

 

Now the problem is that they only charged me once with £25.00. the other 4 times that they charged me was £8.00.Iam also not sure about Interest charges.Every month they charged me around £39.00 per month even if the statement was saying that my account has been closed and been passed to a collection agency. (Is that correct?????)

I don't think they should still be charging you interest when an account is being handled by someone else, no.

My charges are as follows.

24 May 2006 Late payment fee £25.00

24 July 2006 Late payment fee £8.00

23 Aug 2006 Late payment fee £8.00

24 Sep 2006 Late payment fee £8.00

24 oct 2006 Late payment fee £8.00

Unfortunately all of them are £57.00

But i Do not know how can i calculte them with interest.

Can someone experienced tell me how to do it??

 

I will go and find the link for you....

 

[alexskord]

you r the best. Thanks for your reply.

I enclosed the fee and they returned it to me!!!!

 

From october until February 2007 inclding february they were charging me only the interest when the account was saying """"Account cancelled and with collection Department.

[PriorityOne]

you r the best. Thanks for your reply.

I enclosed the fee and they returned it to me!!!!

 

From october until February 2007 inclding february they were charging me only the interest when the account was saying """"Account cancelled and with collection Department.

 

Returning your fee seems to be some kind of cop-out.... the request still stands and you can remind them of the time remaining, as mentioned above. Keep hold of the returned cheque and their letter.

 

The link to the spreadsheets is here...

 

6. Interest calculation spreadsheets

 

The figures that you see are example figures only. You need to go over the top of these with your own and delete what's not needed. It may look confusing... but once you have the hang of it, you should be ok. Don't forget to include your own name and ref. at the top.

 

When you have completed the spreadsheet, have a read through the FAQS section, as I believe that your initial request for a refund does not include the 8% interest... I have never done this, but a friend of mine has and I'm sure that's what she did.

 

You need to get the interest frozen on this as well. I would also include the amounts that they have charged you for interest since the account was closed and passed to the DCA..... and included a paragraph at the bottom of the letter sent with the spreadsheet asking for confirmation that all interest on the account be frozen from now on.

 

Anybody else have any thoughts ?

 

[alexskord]

Thanks very much Priority.i will have a very good look around these and I will get back to you if I ve got any questions if you let me do that....

Thanks again

[PriorityOne]

No problem....

[ODC]

It dosent matter that they chose to refund your £10. You sent them a legal request for a SAR. That is what they should have supplied. They are bluffing for time. Send them a letter telling them that the statutory period to supply the information is 40 days from the date of your original request. Never sign anything using your normal signature (it can be scanned, sign in Block Capitals) Rather than sending them a cheque use a postal order it contains no information that some of the more unscrupulous types may be inclined to use such as your bank account and sort code numbers. You have been getting good advice on here.

 

As for AIC do NOT let them bully you. NEVER speak with them on the phone. If they ring you at work tell them you are someone else and that its company policy not to permit personal calls. If they actually get through to you do not complete the security questions. You have sent them the harrasment letters so they should NOT be phoning you anytime. Report them to TS. I see you have their complaints letter complain to them first and when they fail to resolve your complaint then report them to the FOS who will charge THEM £400 for the privelege of being investigated. They are in default so cannot now pursue you. They cannot pass it on to any other DCA.

 

You are now in control and make sure they know that. Keep a note of all calls from them date/time etc for your complaint.

[alexskord]

thanks ODC.

 

Anyone knows for sure if they (Amex) should still be charging interest when an account was being handled by someone else?

Any suggestions?

[ODC]

thanks ODC.

 

Anyone knows for sure if they (Amex) should still be charging interest when an account was being handled by someone else?

Any suggestions?

I think it would depend who actually owns the debt now. The SAR should say if Amex sold it to AIC

[alexskord]

So does anyone tells me that I should tell them that they haven t complied with my request without asking for the charges refund?

Or should I tell them that they haven t complied with my request and ask for the charges in the same letter?

ANY SUGGESTIONS?

[ODC]

here is the template letter adjust it to suit your circumstances

 

http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=29&Itemid=78

[alexskord]

thansk a lot ODC.You r so helpful.

[alexskord]

but i ve sent exactly the same letter.....

[alexskord]

what i am asking (sorry for my English) is should I send them ""You did not comply with my request.......and also claim the charges back or should I wait them to send me the full disclosure for my account and claim back the charges.

I ve never seen a complete a full disclosure of an account that why I do not know how it looks like and what it says. I mean should it say that my account at xxxxx date has been passed to that xxxxxcompany etc??

[PriorityOne]

It's not up to you to remind anyone that they have failed to comply with a CCA request.... it's just up to them to comply within the legal timeframe (or not).

 

In order to re-claim the charges on the account, you will need to wait for the info. to come back from your SAR to AmEx, unless you still have all your statements and are able to tot it up for yourself.

[alexskord]

thanks priority.

the thing is that amex has sent me my statemenyts with them but not the full disclosure of the account. Should i send a letter agian to ask them for a full disclosure or should i go ahead with claiming the charges.

another thing is that they were charging me interest when the statement fron Oct 2006 was saying that my account was cancelled and passed to a collection agency...

[PriorityOne]

What are you hoping to get from the full disclosure ? I'm assuming that you want details of whether it was sold or not ? The statements should give you all the info. that you need in order to re-claim the unlawful charges on the account.... so go ahead with that.

 

As for the interest being charged after the account was passed/sold on... I would re-claim that as well, since it's interest on a balance that contains unlawful charges. In your letter, I would also stipulate that you require all interest to be frozen on the account from now on.

[PriorityOne]

I have just re-read this thread...

 

Have you had a CCA back from anyone ?

What is the outstanding balance ?

How much of the outstanding balance is made up of unlawful charges/interest (approx.)

Do you owe them more then they owe you.... or do they owe you more in unlawful charges ?

 

In other words.... if no-one has a CCA for you, the account is unenforceable... which means that you can withhold all further payments until they can produce the CCA and have it re-enforced in court.

 

Or... you can re-claim unlawful charges and then repay them the remaining balance, if they can produce a CCA.

 

When a DCA is hounding you for payment, or has been collecting for some time... they are sent a CCA request in order to determine their right to collect. If they don't have one, then they can't collect. If it's been bought, this means that they are stuffed. If it's not been bought, the account is then passed back to the original creditor and a SAR goes to them in order to re-claim any unlawful charges to bring the account down to its true balance.

 

As you have sent a CCA to both the DCA and the original creditor, I would be inclined to hold off until someone produces a CCA for you.... because without it, there is nothing either of them can do. However, if you are owed more in charges than you owe to them.... you can go ahead with re-claiming these.

 

Hope this helps....

[alexskord]

Hi

I am sorry but i ve been away for a few days...

 

 

I have just re-read this thread...

 

Have you had a CCA back from anyone ? No I had not had anything

What is the outstanding balance ? Amex says that is is £3070 but AIC says it is £3670

How much of the outstanding balance is made up of unlawful charges/interest (approx.) It is £57

Do you owe them more then they owe you.... or do they owe you more in unlawful charges ? I owe them more

 

In other words.... if no-one has a CCA for you, the account is unenforceable... which means that you can withhold all further payments until they can produce the CCA and have it re-enforced in court.

 

Or... you can re-claim unlawful charges and then repay them the remaining balance, if they can produce a CCA. Can I claim back these charges from AMEX and wait and see what happens with AIC????

 

When a DCA is hounding you for payment, or has been collecting for some time... they are sent a CCA request in order to determine their right to collect. If they don't have one, then they can't collect. If it's been bought, this means that they are stuffed. If it's not been bought, the account is then passed back to the original creditor and a S.A.R - (Subject Access Request) goes to them in order to re-claim any unlawful charges to bring the account down to its true balance.

 

As you have sent a CCA to both the DCA and the original creditor, I would be inclined to hold off until someone produces a CCA for you.... because without it, there is nothing either of them can do. However, if you are owed more in charges than you owe to them.... you can go ahead with re-claiming these.

 

Hope this helps....

 

ANY HELP IS MUCH APPRECIATED

Regards

ALEX

 

P.S I want to pay off my balance but not £3670, only £3070

[alexskord]

Hi, one more question

AMEX now is in default because they didnt send me the CCA request.Is there any template letter which can send in order for them to remove the default??

Thanks in advance