Amex & Allied International Credit

[MrBig]

Hi everyone!

 

I hope that you can help!

 

I have read through many of the threads with regard to AIC, and like many people are receiveing the many, many phone calls threatening me with being shot unless I pay £9000 in the next 24 hours.

 

I am going to send in to them 2 recorded delivery letters, one requesting my CCA, and another requesting written correspondence only.

 

My query is: I have some funds to make a part settlement, but as we know AIC won't accept any offers. How do I stand if they do actually manage to produce the CCA?

 

Do I then have to pay them everything (which I can't), or what?

 

If they don't ever produce it, do it never have to settle the debt?

 

I want to try to settle this, but don't know how to proceed.

 

Please advise!

[sequenci]

Hi everyone!

 

I hope that you can help!

 

I have read through many of the threads with regard to AIC, and like many people are receiveing the many, many phone calls threatening me with being shot unless I pay £9000 in the next 24 hours.

 

I am going to send in to them 2 recorded delivery letters, one requesting my CCA, and another requesting written correspondence only.

My query is: I have some funds to make a part settlement, but as we know AIC won't accept any offers. How do I stand if they do actually manage to produce the CCA?

 

they need to consider reasonable offers. send them a budget sheet with a reasonable offer of payment (this will need to pro-rata with any other creditors you may have). if they do not consider your reasonable payments they will be breaching s2.6f for the OFT guidance of debt collection.

 

are you in mortgaged or rented accom?

 

If they don't ever produce it, do it never have to settle the debt?

if they have no cca, all they can do is ask you to pay, they couldn't enforce the debt via the courts. i guess it would be up to you if and how you pay them.

[MrBig]

Hi!

 

Thanks for your help.

 

I am in mortgaged property, but it has negative equity.

 

if they have no cca, all they can do is ask you to pay, they couldn't enforce the debt via the courts. i guess it would be up to you if and how you pay them

 

: - Does this mean that if they don't have the CCA, and don't come up with it, that I don't have to pay them anything? - And if so, will this mark stay against me forever or will it get scrubbed off with time?

[lookinforinfo]

The first thing is not to speak to them on the phone-just totally ignore them-

put trhe phone down on them every time-do not attempt to speak to them.

They will get the message eventually. Or if you have whistle, blow that down the phone to deter them.

 

The CCA request you sent them requires tha they send you a copy of the

original agreement that you signed with Amex. If that cannot be produced,

then not even a Judge can force you to pay the debt if you don't want.

And this is a rare instance where the company will not be able to register it

on your credit report as without proof that you ever had a contract, they

cannot process any of your data.

[MrBig]

Thanks for that!

 

Lets see what happens as thoses days tick by!

 

Thanks for everyones help/advice! - I will keep you updated as developments occur.

[MrBig]

Well, here we are in August, many weeks after the CCA, and still no formal response re the CCA from Allied.

 

They have sent the Mickey Mouse solicitor letter, and despite me sending two Telephone Harrasment letters, they are still phoning up to three times per day.

 

Things brings me problems, as they are phoning me at work, the receptionist always refuses to put them through (as no personal calls are allowed etc), and the get abusive with her. She has now officially complained to my boss about this, and he wants me to "sort it out".

 

Has anyone got any ideas, as the last Anti Harrasment Letter was sent only 10 days ago, and if this goes, I may loose my job, as my boss is not happy......

 

Help anyone?

[sequenci]

complained to my boss about this, and he wants me to "sort it out".

 

have you considered speaking to trading standards?

 

you could also try writing to these folks?

 

Allied International Credit (UK) Ltd

 

The Clock Tower

Office No. 5

Chineham

Basingstoke

RG24 8BQ

 

Contact: Mrs M Wadsworth

Phone: 01256 416 406

Fax: 01256 355155

Email: [email protected]

Link: www.aiccorp.com

Service: ABCEIKLMOQTUZ

Area: UK, EIRE & NORTH AMERICA

Region: SE

Type: Full

 

 

 

Allied International Credit (UK) Ltd

 

Anderston House

389 Argyle Street

 

Glasgow

G2 8LR

 

Contact: Mr K Johnston

Phone: 0141 228 3014

Fax: 0141 221 2541

Email: [email protected]

Link: www.aiccorp.com

Service: ABCEIKLMOQTUZ

Area: UK, EIRE, NORTH AMERICA

Region: SC

Type: Branch-Location

[MrBig]

Thanks for that, I will phone Glasgow trraing standards and let you know what is said.

 

Another thought: - If AIC (and now another DCA also) don't mange to come up with a copy of my requested CCA, what should I do about the money owed to the original creditor? - Do I ignore it?

 

I have written to all, offering each creditor a full and final settlement amount, one has not responded, the wrote back to advise that this was not enough, and passed the account on to the new DCA.

 

I am a bit stuck as what to do next, as I don't want to have a bad credit rating, with my record showing £000's owed here and there still? Alas, I still am unable to settle in full, or make reg payments. Just have the money on one side as previously offered for full and final.

 

Any thoughts?

[speedtrip]

Mr Big I am in a similar position so would like to know how you are getting on on and what advice you are getting.

 

Please see following link:

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/112178-allied-international-credit.html

[rory32]

Your link doesn't work speedtrip.

[MrBig]

It now appears that Allied have given up!!

 

I have received a letter from Newman DCA from Leeds, saying that they are now acting on behalf of Amex, as despite that previous attempts from another DCA, they have been unable to resolve the matter.

 

What does anoyone know about Newman DCA?

[linz2011]

Mr Big - do not worry they ring constantly but just refuse to discuss on phone even better just hang up or do not answer- they should not pass it on if the account is in dispute so AIC are very naughty indeed - but it is looking good for you as noone seems to be coming up with the goods

 

Good luck

[MrBig]

That's great! - Thank you!

 

So, does anyone reckon that I will be able to sort out a sensible FFP agreement with Newman, or should I just CCA them like I did with AIC?

 

I am keen to get some form of closure on this, so that my Credit History can start to repair itself. - However, I am not keen enough to pay them all the monies reqeusted (as I do have the money, otherwise would have done).

 

Any thoughts of how to proceed?

[lookinforinfo]

Write to newmans pointing out that the previous DCA are seriously in breach

of your CCA request and whoever passed on your details to Newmans are now

also in trouble, as noone is allowed to pursue the debt while the CCA request

is in default. AIC have already committed a summary offence which carries a

maximum penalty of 3 months in jail or a £2500 fine.

Suggest that unless Newmans want their name added to the list in breach of the Act they hand the debt back.

Do not waste another £1 on a CCA request to them.

 

PS if you are after offering F&F to them all, thus leaving an amount outstanding it will be difficult to repair

your credit rating.

[MrBig]

Thanks!

 

So, do you reckon it would be better to wait for the outcome of the CCA then, as opposed to trying to sort a F&F then? - Bearing in mind that a true copy may never be provided?

 

If no-one can provide a true copy of my CCA, what will happen to the money owed then?

 

Please let me know your thoughts.

[lookinforinfo]

As it stands, because they are unable to supply a copy of your original agreement with them, they cannot force you to pay any more-even a Court

could not force you. So it is up to you. You can carry on paying it all off, come to an agreement and offer a f&f or pay nothing at all. Or offer a payment that would not only be the final one, but one that also left your

credit file clear as well. Worth a try.

[MrBig]

Thanks!

 

OK, so I have sent through the letter as advised, telling them that AIC have not complied with the CCA and that they are naughty for chasing, and that the whole case is in dispute etc

 

I wonder what will come back?

 

Incidetally, they (Newmans) have sent through a Post Card today, saying that they are going to visit, and giving a specific date and time.

 

Anything to worry about or not?

[rory32]

Anything to worry about or not?

Nothing to worry about. In 99% of cases no one will turn up. I they do just tell them to leave and if they don't phone the police. You may also wish to send Newmans the following:

 

Dear Sirs,

Please be advised that I am only prepared to communicate with you in writing. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending “doorstep callers” to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

 

Should it be necessary, I will obtain an injunction.

 

Yours sincerely,

[MrBig]

Well, things have moved on!

 

Just to recap, Amex debit, passed to Allied International, then CCA them, no response.

 

They kept chasing and eventually gave up, and passed it to Newmans. Advised Newmans of the CCA to AIC, they wrote back saying that I was using avoiding tactics and kept chasing.

 

It now appears that they too have given up.

 

Today however, a Solicitors letter has arrived chasing the full payment of the debit, or repayment plan, or a first amount and monthly payment proposal.

 

Further more, the letter states that if payment is received within the next seven days, that legal proceedings will be issued to recover the full amount.

 

To note: I have still not received ANY response to my CCA request and subesquent chase to newmans.

 

What should I do now? - Starting to worry somewhat.....

[MrBig]

Actualy meant that court proceedings where to be issued unless payment was made, not if payment was made!

 

Help Anyone!!

[Monty2007]

They are in breach of your CCA request, I would suggest you send them a copy of your letter to AIC and inform them that this request remains outstanding with their client.

 

I am in the same situation with Amex, had lots of threats from various DCA's and solicitors but no CCA so have refused to offer any payment.

[MrBig]

Oh I see!

 

That is reassuring!

 

How long has this been going on now then? - And no court proceedings either?

 

I will write to the solicitors and advise them of the history with AIC and Newmans.

 

After you wrote to the solicitors, did they have the coutesy of coming back to you or not?

[speedtrip]

Dont worry, they would be very stupid to go to court as they would to produce a CCA to legally enforce the debt.

 

How stupid would they look if they turned up with a legit CCA months after you asked for it thats assuming it did actually meet all the prescibed terms.

 

If this did happen the judge could take a very dim view and he has the power to find the up to £2.5k it feels they are wasting court time.

 

It is more likely that they dont have it and are using scare tactics in the hope you will concede.

 

If they do produce it you negotiate a settlement/payplan based upon your ablity to pay, in court if necessary.

 

Someone with more knowledge than me will be along shortly with a suitable letter i am sure.

[speedtrip]

I used this letter from this site with AIC and Moorcroft and both have admitted no CCA. Impasse!!!

 

Amend to suit.

 

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); received by Allied International Credit on ************. I can only assume therefore that they failed to inform you.

 

Should your client now persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by Allied International Credit under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

 

I would also point out that I currently have an outstanding claim for bank charges and it is patently obvious that your client has failed to inform you of this also.

 

I am very disappointed with this continued dialogue which frankly should be a very simple request. Accordingly I will be writing to your client requesting a copy of their complaints procedure as I intend to make a formal complaint about the handling of my request.

 

[Monty2007]

Oh I see!

 

That is reassuring!

 

How long has this been going on now then? - And no court proceedings either?

 

I will write to the solicitors and advise them of the history with AIC and Newmans.

 

After you wrote to the solicitors, did they have the coutesy of coming back to you or not?

 

Mr Big

 

My alleged debt with Amex was passed to RMA/NCO who (along with Amex) were unable to produce a CCA, so I stopped paying them about a year ago. The debt was passed back to Amex and then Brachers who dropped it quickly, another DCA now involved but they have gone quiet and I am meeting with TS tomorrow to hand over my files for them to investigate. They seem amenable to taking action against Amex if I can substantiate my claims, which I can since Amex have admitted in written communication that they don't have the documentation (CCA).