Lemma v the Glorious Amex

[lemma1968]

I have been dealing with SRJ who had been instrucetd by Amex to collect a debt of about £700.

 

I CCA'd SRJ in July and this week we got a response saying:

 

" We thank you for your patience while we contacted our client.

Unfortunately we have been unable to locate a copy of the original agreement therefore, we confirm that we are no longer instructed in connection with this matter and have closed our file and returned the account to our client"

 

I'm am trying to chalk this up as a success but is it likely that Amex will flog this on to some other DCA?

 

The other thing is, we also SAR'd them. We have received a big envelope containing a number of statements going back to 2002 - not all i don't think - and a letter from a Data Protection Co-ordinator saying:

 

"I have been passed your letter by our correspindence department and understand you wish to exercise your right of Subject Access under s7 DPA.

 

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

 

Should you have queries regafding the charges on these statements please do not hesitate to contact us in writing and kindly attach the relevant statements.

 

However, should you require a full disclosure we require you to complete the enclosed form andreturn it to the address above with a fee of £10."

 

 

Ee did enclose a £10 cheque and they have retunred it to us.

 

The statements show about £140 in late payment charges and over limit fees from £15 - £20 each. There are also intermittent charges for Creditor Premium Insurance and Repayment Protection Plan - neither of which my other half can remember asking for, amd he is very ANTI PPI in any form.

 

What should be my next move?

 

Do we CCA amex directly now or let sleeping dogs lie?

 

If we go ahead with reclaiming what and how should we do? And the PPI?

 

Thanks folks

[Penfold92]

What should be my next move?

 

Do we CCA amex directly now or let sleeping dogs lie?

 

If we go ahead with reclaiming what and how should we do? And the PPI?

 

Thanks folks

 

Hi Lemma,

 

Well the answer is what do you want to do...You have documentary eveidence that they do not have the agreement and have written the debt off. So leave it be...

 

If you want to pursue them for a refund of all payments and interest you will open a hornets nest that you may or may not win...

 

Have you not answered your own question in a round about sort of way?

 

Good luck whatever you decide,

 

Penfold

[steven4064]

I would add to what Penfold has said the following:

 

They have sent you statements from 2002 because that is 6 years ago. They are assuming you are going to reclaim charges and are assuming that anything earlier is prevented by s5 of the Limitations Act 1980. This is not so - they should have sent everything and that is why you sent them £10. It's up to you as PF says, but I would write back and tell them you want "full dislosure" as they put it and pay the £10 again. There may be loads more charges before 2002.

 

Secondly, what has happened is that SRJ were collecting the debt on behalf of Amex. Quite properly, they went back to Amex for the agreement and stopped collecting in the meantime (At last, a DCA that abides by the rules ). When none was forthcoming, again quite properly, they returned the file to Amex.

 

What will happen next? I wouldn't be at all surprised if the whole thing started again with a different DCA - either collecting on behalf of Amex as SRJ were, or having bought the debt outright (more fool them ). Either way, a CCA request directly to Amex would not go amis at this point.