Just re-reading the "comments" from the FOS and it does appear to be cut and pasted from something AESEL sent them! - contains irrelvent details about phone calls they made prior to issueance of the default notice... would love to know if that's all they've done

Amex claim that their CCA was in order, as was their action to terminate the account... so surely their response to the letter asking why they haven't afforded me my lawful rights, will be that they have! Shouldn;t the FoS be able to say to Amex "this is wrong".. although that does of course require FoS to acknowledge Amex's actions were indeed wrong!

Hi All Thanks for your replies - and CitizenB for the Harrison-v-Link case. I can't really understand why they are making such an obviously flawed statement, regardless of these cases posting and service cannot possibly be considered to be on the same day! Amex have terminated the account, and in my view in breach of CCA, so can I take any action to stop the DCA from pestering me - is the debt now unenforceable? Not trying to avoid paying it, I ran up the debt, just want to get the pillock of a DCA off my back and put Amex in their place! Thanks

Hi All Just want a bit of advice as to the FOS = I appreciate that they are not thought of in the best light here,but want to explore the option before admitting defeat. Brief history - Amex issed a Default notice, then14 days letter a termination notice I complained to FOS that this was in breach of the CCA, and quoted the appeal for Brandon-vs-AESEL They have responded saying that it wasn't in breach as "a default notice is served when it is posted"... which seems ludicrous, as "serving" is when it is deemed to have been received... So what I want to know is has the appeal in the Brandon case which confirmed that DNs should be deemed to be served 2 days after posting been superceded, and how do I deal with FOS - it's only an adjudicator dealing with it at the moment. Also, reading the stuff here, it seems the FOS isn't interested in the legal issues involved... in which case how do I go about confirming that the termination was in breach of CCA.... do I have to refuse to pay anything and wait for them to take me to court? Thanks! Jon

Hello Has anyone had letters forwarded by email by AIC issued by American Express, the originals of which have never been received? There is an thread on here by someone that starts with such a letter Will explain more to those that reply,,, don't want to jinx anything! Best J

Hello Can I grab a quick bit of advice- I had a call from Allied International (he called from a mobile which is why I answered) Anyway I mentioned that Amex hadn't advised that the debt had been passed to them, and he said a letter had been sent on 10th October. I told him I would only continue the conversation in writing once I'd received the letter. He emailed me attaching the letter Amex had, apparently sent me. I say "apparently" because it's obviously not a scan of a genuine letter as the registered office address at the bottom is one Amex moved out of 5+ years ago, has a different layout from their current headed paper, and doesn't include all the legal bumf they now have to include at the bottom of all their correspondence. The letter asks me to pay all monies to them. Nothing has come by post yet. So.. it' only a formality after all, do I call them on it - do I say "that's not genuine" or should I take it to the police on the basis that they are trying to obtain money by deception. I can't find any OFT guideline clause that mentions sending false documents..... Anyway I've advised them that I've paid some money to Amex and the response was "why have you paid Amex and us, and I sent you letter from Amex telling you to pay us". I am so tempted to reply "that letter wasn't genuine, it's currently with the Police, you will be hearing from them"... but would I have a leg to stand on? Thanks Jon

Hello Just an update for you people- and thanks guys for your help so far The email I sent was basically ignored, as he called and emailed again - the letter.. not sure if it has been ignored yet, I received another letter from them today that apparently has been in the post for 12 days. The calls have now stopped, and I ignored the last email stating that he was trying to contact me Meanwhile my complaint to Trading Standards resulted in a very nice phone call with RMA's own case officer at the local Trading Standards office, who confirmed that they do have to deal with me in writing if I request it, and offering to intervene and tell them that. She also confirmed that the emails sent were outside the guidelines issued by OFT, and she would be taking that up with the company. I also noticed, whilst talking to her, that their letters breach the Companies' Act (RMA is a trading name of NCO, but it doesn't say that, doesn't have registered office or registration numbers, or a proper contact address on the letter), and have therefore made a complaint to Companies' House about them as well. So - I am proposing to accept the offer to intervene, at the end of the day I will have to deal with them or someone like them eventually. The lack of a letter from Amex is a technicality, and whilst I can hide behind it, it doesn't take a lot to be rectified, and then I'm back dealing with RMA. Does anyone see a problem with this? Or should I continue to ignore these people? Thanks Jon

What worries me is that if you rattle their cage enough you'll unleash the beast within. Although i'n reality it probably doesn't matter what I do! Thanks for all your advice people, gladly received!

Also - one minor point. His email address is "Amex-Legal" but he's nothing to do with Amex, and has no legal powers. This is obviously designed to be intimidatory, but does it breach any OFT guidelines?

Update: So here's what I emailed RCA: (the first line is a reply to his comment that he's been "trying to establish contact for 12 days") ---------------- With the greatest respect, you established contact 13 days ago, and have declined the invitation to deal with this by email. To prevent any misinterpretations/misunderstandings I would expect all communication in regard to any financial matter to be conducted in writing I have yet to receive any communication from American Express to indicate that I should deal with anyone but themselves, and in view of the correspondence they commenced earlier this week, it would be counter productive to have two conversations occuring simultaneously. I trust this is satisfactory - I will be back in London at the weekend, and hopefully there will be a response from American Express, and will progress things from then. And the reply from them is... ================= Thank you for your e-mail. Unfortunately I'm unable to deal with matters via email, or take any instructions or requests. Please call me today on 01772 843028 --------------------- Is it me or has he basically ignored what I wrote? And surely if you are unable to take instructions or requests, then any telephone conversation by definition is going to be pointless

Should I mention anything about Amex having not contacted me?

Debt history, they stopped credit card use in december, missed a payment in march, they issued a default notice at end of April (8 days if the 14 allowed were covered by two long bank holiday weekends) they received payment i'n time but Didn't apply it till 10th may. Terminated account, issued a statement which I paid more than minimum payment on, same in July, they haven't banked or applied cheque, and now calls/letter from RCA. No advice from Amex about involving RCA. Thanks oh, and debt is stupidly large £37k

Hello New here, and although there is a wealth of information I have found, it would take some complex algorthim to put it all in one place so that I could answer my situation - and apologies to all as others have asked similar questions before, but as every situation is different. I owe Amex a lot of money... they cancelled the account, I continued to pay, they didn't credit one payment to my account and then I get a series of calls from a man at RCA - he didn't say that's who he was, but I googled the number.. .. he has asked me to contact him - he has left messages at home, office and on mobile, and by email. I responded by email stating that I was unable to contact him at the times specified due to practical circumstances (was on a train) - he (xxxxxxx) hasn't yet specified what he wants me to call him about, but I have asked if we can discuss it by email - everywhere on this forum it says "DON'T TALK TO DCA" so I'd rather not - I can't imagine it would be a particularly pleasant call! today he asks me to call him before 4 (by email) and says he's been trying to make contact with me for 12 days. I have received nothing from Amex (except a letter advising that they have breached the CCA since 2009) although there has been a letter from RCA asking me to pay. I have written to Amex asking them to apply the cheques they have received, and asking to deal with them directly . advice folks. What I'd like to do is say something like "Contact was established 12 days ago by email, however you have declined the invitiation to deal with this in writing, and due to working paterns I have been unable to call you at the appropriate time. I have received no notification by Amex of your involvement in any matters concerning them and myself, and therefore have contacted them for clarification". - some postings here would suggest they aren't nice people. Any advise/thoughts? Also, I want to stop them calling me - can I simply ask them not to? can I simply say "please deal by email or letter, in accordance with the OFT guidance" Thanks! Jon