Credit solutions cca

[bluedannyw]

Thanks again for all your reassurances.

These are american express's real solicitors not a dca's. I'm not sure if that makes any difference. They were dealing with my account when i tried to set up an iva 4 years ago. But they refused. This is why i stopped paying originally, i was in a very tight spot but all my creditors refused to help.

[pt2537]

no difference at all, the only thing is, being solicitors they will not be viewed in the same light as you, judges normally cut some slack for litigants in persons, they dont do the same for qualified solicitors;)

 

also, the law is the law. in these cases its fairly clear and unambiguous so what difference do it make that they are solicitors?

[ODC]

Go into Court with this motto in your mind.

 

I AM NO BETTER THAN ANYONE ELSE

AND THERE IS NOBODY ANY BETTER THAN ME

[bluedannyw]

I have just noticed why my Account balance has increased.

 

You will not believe this?

 

They have charged me £81.76p for supplying me a credit agreement.

 

Well I should say a useless application form.

 

This is unbelievable!!!

 

Do I still send the above letter ODC has given me. I just can't resist questioning £81.76p for a credit agreement.

Wow they are really taking the Michael!!

[Curlyben]

Yep go for it.

[Maurice1977]

Well today I have recieved a letter from Brachers Solicitors. These are american express's own solicitors.

I have 7 days to pay in full or they will issue legal proceedings. The amount owed has gone up about £100. Which is a lot as this debt is minimal.

Time to send them a letter saying bring it on!

No enforcable agreement and also £200 of unlawful charges to counterclaim. I will offer £100 full and final settlement again on a ex-gratia basis. I will point out that this is my last offer, otherwise take me to court.

Any ideas?

 

Hi, I have been dealing with Brachers - they will send a lot of threats, then offer 50% to settle (before adding their chrages etc). If you CCA/SAR Amex and see if your agreement is valid then this will buy some time to explore/define your options. I challenged Brachers on the validity of my agreement and they send their file back to Amex and closed their books. Mine is for a substantial sum (well it is now with all the charges and interest).

[bluedannyw]

Hi maurice.

Mine was only for £450. And £200. They have offered me 50% full and final settlement through credit solutions in the passed. I did offer settlement of £100 in the past due to the unlawful charges and the fact that there is no executed credit agreement, but american express chose to write back to me and say that i have exhausted their complaints procedures and it would be the final letter i will recieve from them on the matter.

I exhausted there complaints procedures, i only sent them 1 letter. Well 2 if you count the cca to credit solutions. They must have only 1 person working there with no computer, that would explain how comes a normal cca has a statatory price of £1. But £81 for them.

[bluedannyw]

That was meant to say £450 with £200 of unlawful charges. Plus the £81 they have just added.

[Maurice1977]

Hi, if they do not have the agreement (as in my case) you should use one of CurleyBen or Tom's letters; I do not acknowledge this debt etc and push the a/c into dispute. Then remind them of their obligations under the Consumer Credit Act. Seemed to work for me. Brachers ran away.

[bluedannyw]

I sent the letter Odc and Curly Ben posted on here yesterday.

So will now wait and see what they do.

[ODC]

Its a waiting game now. DCAs and solicitors do not like to get CCA requests. They rely on bluff and bullying to try to get you to pay

[outofpocketagain]

This site gives you a free online assessment as the whether your CA is legal or not

 

https://www.financialagreementsolutions.co.uk/usr/basicchecker.aspx

Has this address been changed???? I cant open it

[bluedannyw]

I've had a phonecall for me at work from a company called VIL.

These are another debt collection agency.

I then had a call from my mum who has told me I have a letter that has been delivered at her address. I asked her to read it and it's also from VIL.

I don't know who these are? and have never seen them mentioned on this site.

I am so fed up with these companies not updating my address, when I wrote back to Brachers solicitors i told them my address and have had previous letters from American Express and Credit Solutions at my new address also. I have moved three times since living at my mothers address.

URGGGH!

[bluedannyw]

The letter from vil just says i must make immediate settlement now.

Just had another call at work from vil. The secretary said i couldn't answer personal calls at work.

They told her i must call them immediately re: county court judgement.

Surely them to tell the secretary at my job about county court judgements is totally against all debt collection guidelines.

Not sure what to write to them now? Any one got any ideas?

[ODC]

Write and demand a copy of their complaints procedure. In your complaint point out how they have breached OFT guidelines about debt collection by telling someone else about your debt. You could also inform them that you will not be dealing with them as this debt is in dispute with Amex and should not have been passed on whilst in dispute.

[bluedannyw]

Thanks ODC, will do.

 

I have roughly drafted a letter explaining how I have requested an executed agreement from Credit solutions and only recieved an application form which does not include all the necessary terms and conditions.

I have also pointed out how I had also explained the situation to Brachers solicitors how american Express and Credit solutions have neither been able to supply the agreement.

Surely when they can see that Brachers Solicitors, who are American express's solicitors have not gone any further with the court route, that it may be due to the fact thay can not possibly enforce this debt.

[ODC]

Here is a good letter to send the muppets.

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

[bluedannyw]

I have had a reply from american express, they have said that there position has not changed since the letter they sent me in august of last year. I have exhausted their internal complaints procedure and they have explained in the past that they are not in the wrong for unlawful charges and they have sent me all they need to concerning the cca.

So now all i can do is reply saying bring it on! Or take it to the financial ombudsman services? But they are pretty useless!

[bluedannyw]

I have decide I will write to either Vil or American Express offering them 50% of the balance as full and final settlement. On the understanding that this will be classed as settled in full. With all negative files on the credit reference agencies being removed. I will ask for this in writing before settling. If they refuse I will ask them to start legal proceedings against me.

[ODC]

I wouldnt offer as much as 50% considering a DCA probably only pays about 10-15%. If you offer them 50% they will assume you can go higher and press for more.

[bluedannyw]

Thanks odc.

The debt has not been sold, it is for less than £500. I have offered 25% in the past and they have rejected it. Not sure if they would bother with court action for such a little amount.

I have 4 other disputes at the moment and would like to draw a line under this one so that i can concentrate on the other larger ones.

[ODC]

Why dont you write to them and ask them to give you a figure for F&FS