Alexskord Vs Aic! Can You Please Help Me?

[PriorityOne]

If AMEX is now in default of your CCA request, then they cannot legally pursue you for any further payments until they are able to find your CCA and have it re-enforced in court.

 

If they have defaulted you, you can now write and advise them (rec. delivery) that you want the default entry removed, followed by their written confirmation within the next 14 days.

[TANZARELLI]

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

 

Have a look in my thread for some useful letters/wording:

 

http://www.consumeractiongroup.co.uk/forum/capital-one/51318-tanzarelli-cap-one-default.html

 

Tanz

[alexskord]

Thanks everyone here!!!!!

[alexskord]

this is the letter that I am thinking to send to AMEX. Can someone with experience please suggest any corrections that need to be done??

I wrote to you on the 25 May 2007 requesting a true, signed copy of any credit agreement that exists in relation to the above account (see above).This is my right under Sections 78 of the Consumer Credit Act 1974 on payment of the statutory fee of £1.00. This payment was included with my original request.

 

Under the terms of the above Act, you have failed to comply with my request within 12 working days. As you now understand now you are in default.

 

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable, even in a court of law.

I also understand you have entered a default notice against my credit record and sold my account to AIC debt collection agency. This default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniosity’s caused directly from the taking by you of penalty charges which you had applied unlawfully to my account or was the result of unlawful interest charges which you had applied to my account while the debt had been passed to a collection company and had been closed. Therefore, I require that you remove the default entry from the register. Please note that a mere correction or amendment to the entry will not be acceptable.

 

You have 14 days in which to comply.

 

[alanfromderby]

Personally, I would wait until they have passed the 12 working days + one month deadline before doing anything. Should they issue a default whist they are in default of the CCA request, you could then follow the process for a formal complaint to the Financial Ombudsman Service.

 

I would expect them to remove any default as soon as they were aware that you were going down that route - and if they don't, it is very likely that the FOS would instruct them to remove it.

 

Of course, that is just my opinion.

[alexskord]

Thanks a lot. But i think they ve issued the default before I requested the CCA.....Any suggestions?

I mean I just saw my credit report on April 2007 say and I ve sent the CCA on 30 th of May.Should they remove it?

[alexskord]

That is what I have sent today recorded delivery.ANY SUGGESTIONS????

 

xxxx

Liverpool

Merseyside

U.K

American Express Services LTD

Amex House, Department 871

Edward Street

Brighton

BN88 1AH

U.K

20/06/2007

Dear Sir/Madam,

CARD NUMBER: xxxx-xxxxx-xxxx

The 4-digit number printed on the card just above the account number: xxxx

Card active through: xxxxx

I wrote to you on the 25 May 2007 requesting a true, signed copy of any credit agreement that exists in relation to the above account (see above).This is my right under Sections 78 of the Consumer Credit Act 1974 on payment of the statutory fee of £1.00. This payment was included with my original request.

Under the terms of the above Act, you have failed to comply with my request within 12 working days. As you now understand now you are in default.

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable, even in a court of law.

I also understand you have entered a default notice against my credit record and sold/passed my account to AIC debt collection agency. This default occurred merely in respect of unlawful charges levied by you, was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account or was the result of unlawful interest charges which you had applied to my account while the debt had been passed to a collection agency and had been closed.

I calculate that you have taken £57 in late payments charges and £184.58 for interest charges while my account was cancelled and with a collection agency totaling £241.58. I am enclosing a copy of the schedule of the charges for which I am claiming.

In addition to full payment of the sum mentioned above by form of cheque I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit license under the 1974 Act.

You have 14 days in which to comply.

Yours faithfully,

 

xxxx

[alexskord]

Anyone?

[ODC]

Well if you claim the charges back you will be admitting the debt. This is only beneficial if the charges make up a substantial amount of the debt . Reclaiming them would lessen the debt and put you in a better bargaining position. AIC havent proved you owe any debt so its ulikely that AMex will have sent the required documentation.. So if AMex havent got it then they cannot enforce it either. You say the charges as far as you know amount to only 57 quid. Hardly worth admitting to a 3 grand debt over.

[alexskord]

F*** Hell..Now what is hapenning????

I sent it......

????????????????????????????????

[alexskord]

At least I wnat the default to be removed and to make American an full and final Settlement offer.

Do you think that this is now possible ODC?

[alexskord]

I ve got to go in a meeting.I ll be back in an hour....

[alexskord]

Any suggestions ODC??

[PriorityOne]

.... but without them producing a CCA.... they wouldn't be able to enforce it because there would be nothing to enforce. They have already passed the 12 day default.... wait and see if they come up with the CCA within the next calendar month.

[alexskord]

unfortunately though I ve already sent the letter for the charges and to remove the default. the letter is on the 3rd page.If you have a look at it and tell me what you think i ll be grateful.

I think I did wrong that i ve sent it.anyway i cant change it now...

[alexskord]

Today I have received a standard letter thats says:

 

Thank you for your recent communication and for allowing us the opportunity to deal with your complaint.

We are currently in the process of investigating the issues you have raised. Please be assured that you will receive a response within 28 days from receipt of your contact.

Gary Wares

Credit Relation Manager

Though, in My letter I asked them to comply within 14 days.

[alexskord]

see what happens.....

[PriorityOne]

Try not to worry...

 

Either they have the CCA.... which means you can go ahead and re-claim the charges. Or, they don't have a CCA.... in which case, you are within your rights to withhold any further payments unless they can produce one and have it re-enforced in court.

 

In theory, it's no different to paying a debt for years (as I have done) and then ceasing all payments when no CCA can be produced (as I have also done). Without a CCA... there's not much they can do about it.

 

[ODC]

Today I have received a standard letter thats says:

 

Thank you for your recent communication and for allowing us the opportunity to deal with your complaint.

We are currently in the process of investigating the issues you have raised. Please be assured that you will receive a response within 28 days from receipt of your contact.

Gary Wares

Credit Relation Manager

Though, in My letter I asked them to comply within 14 days.

They are allowed longer than 14 days to resolve your complaint. No doubt they wont resolve it and you will the be able to report them to the FOS

[alexskord]

thanks for the comments guys....

Your r the best....

[alexskord]

That is what I have received today...

 

Dear Alexskord

 

Iam

[ODC]

That is what I have received today...

 

Dear Alexskord

 

Iam

??????????????? Is that it

[alexskord]

That is what I have received today...

 

 

Dear Alexskord

 

Iam sorry that you are dissapointed with the recent cancellation of your account. Please allow me to explain the rationale behind this action.

We contacted you as your account was overdue for payment, and you advised that you would forward payments to us to bring your account up to date (Yes, but I had to go back to Greece cause I had family problems). Unfortunately, due to these promises of payment not being adhered to a default was issue to you on 2nd of October 2006. As we did not receive a payment in relation to this default your account was cancelled. Due to this default not being satisfied (so if it was satisfied would they remove it????)we are unable to remove this from your credit file.

Upon cancellation your account was then referred to a third party for collection of the outstanding balance. The balance has changed since cancellation due to interest still accruing on the account (Is that lawfull????).No late payment fees have been charged since the cancellation date.(How about the previous charges which was £57)

I have enclosed a copy of your agreement and Terms and Conditions as requested. (I don t know how can i put them in here in order for someone to tell me if it is the real CCA)I regret that Iam unable to assist you further with this outstanding balance and hope that you will deal directly with ALLIED to reach a mutually acceptable payment proposal.

Yours sincerely

S J H Tucknott

 

 

CAN YOU PLEASE HELP ME AS I DON T KNOW WHAT TO DO AND IAM REALLY WORRIED????

[alexskord]

Any Help?

[ODC]

Bide your time we will help