Sorry I think I am confusing things

The Amex debt belongs to friends of mine and yes NCO are acting on AMex's behalf

They are quite elderly and I think have more or less decided now to just carry on paying the small monthly amounts to their various creditors - they were hoping to try and do f&f from a small inheritance but they have now realised that they would not be any better off and might still have some of the debts

Thanks for your advice esp re statute barred - I always just saw the last payment date as being the thing to be aware of Many Thanks!

Yes thanks

Can I ask a question which I realise I am not sure about

When is a debt statue barred

- does it date 6 years back to the last payment of the debt or the last written correspondence re the debt

I thought it was tied in to last payment

- but recently read somewhere that it can also date from last signed correspondence

Thanks for any help

Hi taken out in 2001

Still owned by amex - payments are being made to NCO who are acting for A Express

Reduced payments in 2006

Have had a rough calculation and it does not look as thought any interest/charges added since 2006

They are thinking of offering 25% f&f - any problems with enforceability might be helpful Thanks for any help

Hello sorry I think a bit of confusion on my part

A statement showing current balance was provided with CCA but otherwise they have not been getting statements - thought they are meant to be sent evey year/six months

Is this right and if so is it of any benefit to my friends that they have not been getting them?

Should Amex also have provided the 'enclosed leaflet' with the PPI t&c with the CCA

They have also been sent t&c at point of account cancellation which I will try and put on tomorrow

Any help thanks

Hi yes it was 2001

Just wondered whether anyone can see from whats posted if it looks enforceable?

They have not received any statements for about 4 years

Hi am trying to help some elderly friends with their debt problems

they have a Amex account and they have been paying £1 a month for quite a few years

They want to try and offer a full and final settlement but it would be very low - do AMEX do full & final?

Have said that first they should get CCA which they have now done

- have attached (hopefully) the priority application form for the blue card and original conditions

- both are difficult to read

- quite faint

The application form refers to PPI terms and conditions shown in enclosed leaflet plus balance transfer details on reverse of leaflet

but no leaflet provided only one page of conditions which does not as far as I can see mention PPI or balance transfers

AMEX have also sent terms and conditions applicable at point of cancellation

but as I have never had much success at doing attachments just thought I would do 2 pages and see how it goes

Any help would be great Thanks

am (2 files merged).pdf

Yes not such a simple solution as I first thought - thanks for all your help

Just as I am a long way from statute barred and I guess it's possible things could change like they comply with the CCA request - doubtful perhaps but who knows

Hi the 10% works out at just over £250 - does that make a difference

I must admit when I first read the single payment option I was ready to write the cheque and send off (even though PRA have told me this is unenforceable after a CCA request) but then I read the two settlement paragraphs together and felt unsure of whether the full and final settlement offer would only apply if I telephoned them

Any views of this please? Wonder if anyone else has received a similar offer Thanks!

Hi thanks - my first reaction was will I be opening a can of worms - then but how nice to say goodbye to one of my many debts

Appreciate your quick response - I have had so much good advice on this site so thank you again

Hi have had letter from PRA Group which says

Settlement Offer - call now - valid until .......

We would like to advise you we may be able to offer you a repayment solution which could represent a significant saving on your balance. To discuss this repayment option, please a call a member of our team who will review your current financial circumstances to help come to the most appropriate solution for your account

Single Payment option: Full and final settlement of £ (10%)

Should you make the discounted settlement payment; your credit file will be updated to show as 'partially settled'. In order for your credit file to be marked as 'satisfied', the full outstanding balance must be cleared

So this account is unenforceable and has fallen off my credit report and no payments have been made for a while but it is still some time to go before statutory barred and who knows whether things will change about its enforceability so I would like to go for the 10% payment but would like any advice - I am confused about the 2 paragraphs above - are they offering a full and final or does it depend on my contacting them

Any help please - Thank You

Hi just thought you might be interested to know there is some information on my M&S personal reserve thread from fletch70 about a recently defeated court case where it was claimed that M&S Personal Reserve was an overdraft

Regards

Thanks fletch70 for that information

I could not get my head round why in one paragraph M&S say they have complied with S78 and in the next that actually there is no duty for them to provide copies of agreements etc etc

but after reading your post and around a bit on the net perhaps they are trying to imply that account was an overdraft

Think I will just write back and say they need to provide legible T&Cs - any advice on this please Thanks!

Hi thanks for your reply - last time I got the same copy application/agreement form including terms and conditions which was almost illegible plus copy terms and conditions 'when account was opened' which I realised did not tie in with the actual application/agreement form terms and conditions

So yes the copy terms/conditions not the right ones but the illegible one I assume must be from the take-out date just can't read them

What I was just wondering is why don't they send a recon so there is not illegible problems? and also if it goes to court do they need to provide legible copy?

Realy appreciate your help and such a quick response - thanks!

Hi

been chased by M&S

wrote to them saying they had not complied with my CCA request as terms & conditions illegible

Have had letter back (have set out main part below)

which hopefully someone can give me some advice on ...

We have complied with the requirements of s77/78 of the CCA1974

in particular we have supplied copies compliant with Reg 3(2)(b) of the Consumer Credit

(Cancellation Notices and Copies of Documents) Regs 1983.....

There is no duty under the Act obliging a creditor to provide further copies of copy agreements

or notices already supplied under Sections 62, 63 and 64 of the Act.

These copies and notices are required to be provided to you when the agreement was made

and this was done at that time.

If it is your assertion that we did not comply with these sections at the time the agreement was made,

we will be obliged to put you to strict proof.

The agreement you have signed and a copy of which has been provided to you

has been photocopied in full from our records

this is a copy of the original document, front and back which carries the terms and conditions.

Enclosed is a further copy of the agreement with further copy of the original tems and conditions......

would really like some help - I just don't understand the paragraph about no duty under the Act etc

The copy agreement is the application form which I assume is meant to double up as the agreement

- you can read my application details on it but most of the rest is very difficult and/or impossible to read

- the majority of the terms and conditions are impossible to read

I assume that M&S are saying that they have complied because they have supplied copies of originals docs

even though mostly illegible

I would really like to doublecheck that these docs need to be legible

Is there something that actually makes that clear

- I have been trying to research that and have come up with s2 Consumer Credit (Cancellation Notices & Copies of Documents) Regs 1983 but not sure if that applies here

- any help please Thanks!

Yes you are spot on - not only paying but Cabot also added on loads of interest in one lump sum to the Providian account a few years ago which meant the debt was much more than when they bought it !

That got me thinking about my DMP etc and eventually found this site which has been brilliant at helping me sort things out - so glad I found it - thanks for everyone's help

Hi it was taken out with Providian and then went to Cabot when I got into financial problems - been with Cabot since about 2003 thanks

Hi thanks for your replies

The OC was Providian

Just thought I'd add that I have another unenforceable with Cabot (Barclays)

and in that case they have said they won't pursue collection but this does not count as a write-off

Thing is that letter is from Cabot Financial Europe but the Providian letters are from Cabot Financial Marlin - are they different ?

Yes thought I would not respond to their letters etc

- just wondered if there had been any rule changes about unenforceable that has kicked off the new contact attempts

Thanks for your help

Hi did a CCA request to Cabot and had a letter back from Cabot about 18 months ago saying credit card debt was unenforceable but still obliged to repay - stopped paying and did not hear anything further

They have just started ringing me and writing asking me to contact them re paying off debt - I have not contacted them

Any advice please - should I be doing anything - anyone know why the contact after such a long time Thanks!

Hi All have been reading around trying to get to understand enforceability a bit more but just getting more muddled - been looking at s127, s61, s65 etc now really confused

What I am trying to work out for pre 2007 agreements is whether if creditor can't provide true copy reconstituted agreement and if it goes to court can't provide original agreement then is it automatically unenforceable (provided you defend) or does it depend on the judge on the day

Grateful for any help on how this works Thanks!

Hi the account is with Barclays Recoveries - would they default to move it to recoveries? - always think it has been within Barclays

Got the date of demand in a letter after a CCA request but it did not actualy say it was a default demand Thanks

Hi Everyone thanks for your replies - sorry for the delay in replying

Had another look at the SAR stuff but can't find anything that specificially says default notice was issued but the information provided is a bit sketchy - there is a reference to 'write off' - not sure if that means anything?

I will write to Barclays and let you know how I get on - it's just weird that this account has not been on my credit file for quite a while and now is back on - is that normal? - wondered if moving from payplan to doing own DMP about a year ago might somehow have triggered it ?

Thanks for all your help

Hi got a thread going on Barclays defaulted loan back on credit file

Would be grateful for any advice on that thread Thanks!

http://www.consumeractiongroup.co.uk/forum/showthread.php?452065-Barclays-Defaulted-Loan-Back-On-Credit-File

Hi hoping someone can help me on this

Just found letter from Barclays in response to old CCA request which says

..... This figure represents the amount demanded of you in ...2003

I am assuming that this refers to a default notice and that I need to contact Barclays about this being back on my credit file but would appreciate any advice Thanks!

Hi thanks for your reply - I have been checking through papers but can't find anything in the Barclays subject access stuff

I thought this had been defaulted but can't find anything to confirm - there was so many defaults flying around at the tiime 'cos of health&financial problems but can't definitely remember whether this account was one of the defaulted ones

I assumed it had been defaulted and fallen off my credit file as I started checking my file two years ago and this is the first time it has showed up - just seems really weird that no account information posted for two years (possibly more) and then it suddenly appears and showing status O.K. - is that normal? Thanks for any help you can give.