cupcake68 Vs Amex

[cupcake68]

"loosen the meat on their bones"

 

I love that phrase!!

[the_shadow]

Personally I'd send them the account in dispute letter.

 

If you want a little fun you could try phoning and go through security... tell them you wish to make a payment with your credit card (against OFT regs but its on THEIR letter) and attempt to pay with your amex card

 

S.

[Undercover-Elsa]

Could Shadow confirm on the arrears point, I'm coming to the opinion that more precisely all they can claim are the arrears due and payable up to the point of termination of the contract, as opposed to the arrears stated on the DN. Sometimes there's several months between the two so clarification is needed.

Elsa x

[cupcake68]

Hi

 

Thanks for all the posts!

 

I have already sent the account in dispute letter once the 12 +2 days were up. Should I send again?

 

CC68

[the_shadow]

Could Shadow confirm on the arrears point, I'm coming to the opinion that more precisely all they can claim are the arrears due and payable up to the point of termination of the contract, as opposed to the arrears stated on the DN. Sometimes there's several months between the two so clarification is needed.

Elsa x

 

TBH I'm not sure..

 

Termination means that they are only able to claim the amounts rightly due to them at termination point which will mean if they terminate straight after the default notice, only the arrears amounts are outstanding.

 

If they wait months and months then more monies would be due but I think the new regulations (CCA2006) come into play here, they have a duty to advise you regularly by a statement of arrears showing how much is outstanding in arrears and how much has been paid back in a set period. If they do not produce this then I believe they lose the rights to some of the monies (namely interest and charges)

 

S.

[cupcake68]

Just read through the Allied letter and realised they have charged referral fee of £1353.12 on arrears of less than £500 !!!!!!!!!!!!!!!!!

 

They are asking for the full outstanding amount on the Allied letter so it seems like they definitely have closed the account. Am I right?

 

Cheers

 

CC68

[smouk]

Yup, don't think they could claim otherwise. Time for a SAR methinks!

[cupcake68]

Thanks Smouk

 

I think I will hold off for a bit to see what they do next before I splash out on SAR.

 

If they have closed with defective DN and have an illegible CCA I don't think I have too much to worry about do I?

 

CC68

[smouk]

Bear in mind the belligerent and bloody minded nature of the OC. I have all of those plus proof that default would have been rectified had the DN complied with the CCA.

 

Update.

[the_shadow]

Bear in mind the belligerent and bloody minded nature of the OC. I have all of those plus proof that default would have been rectified had the DN complied with the CCA.

 

Update.

 

If you have evidence of the fact that the default could have been rectified as I see it you have a number of options.

 

1) Complain to the FOS (long wait ), OFT & TS

 

2) Wait for Newmans to get heavy and initiate proceedings whereby your defence is strengthened not only by them not giving you enough days to rectify the default under the CCA but also that if they had conformed your payments would have cleared the breach.

 

Amex have set there stall and I dont see them changing now, its a case of either getting each DCA to send the account back to amex and the merry-go-round or/and the complaints as I see it

 

Sorry cant think of anything else, others may give better suggestions

 

S.

[cupcake68]

Hi

 

I have sent Newman DCA the bemused letter in Sept and not heard anything until now!

 

They have so kindly sent me another copy of the application form which I already received from Amex months ago.

 

What do I do now?

 

The copy they sent does contain necessary terms. Should I ignore and await their next move?

 

Thanks

 

Cupcake

[smouk]

A pint says it's Moorcroft next!

[smouk]

See what they do next IMHO. You could write to Amex to remind them of their failings - the papertrail shows any potential beak that you cannot be accused of ignoring or evading the issue.

[Desperate Daniella]

Just found your thread. Subbing.

[cupcake68]

Ok

 

So

 

I have received a copy of what they call my CCA... A very bad copy of an application form without necessary terms.

 

I have also received a DN stating I have 14 days from the date of their letter.... So not enough time allowed for payment therefore defective.

 

Today I have recieved a letter from Newmans headed COURT PROCEEDINGS. If I don't pay within 72 hours.......

 

So do I still sit back and wait? When exactly do I pull the defective DN from up my sleeve? I haven't actually had notice of termination yet, could they try to back track if I tell them now?

 

Thanks

 

Cupcake

[Undercover-Elsa]

What else does the letter say Cupcake?

If you don't pay within 72 hours we MAY initiate Court proceedings?

Or anything more definite?

Elsa x

[cupcake68]

Hi Elsa

 

No just the normal MAYs !!!

 

Cupcake

[Undercover-Elsa]

Ahhh that's OK then

Carry on....wait for termination, ideally.

You could ignore them or thank them for their efforts but remind them that the account is still in dispute due to not providing an enforceable CCA with the prescribed terms.

Elsa x

[Undercover-Elsa]

Here's one I prepared earlier

 

Re: Account Number xxxxxxx

Thankyou for responding to my formal request under the Consumer Credit Act 1974 for a copy of the compliant executed agreement relating to the above account.

However, unfortunately the document you provided does not satisfy this request, in that it is an application form and does not contain the prescribed terms and conditions necessary to make it an agreement enforceable by the Courts. I am sure you must be aware, in the current climate, of what the prescribed terms are, but if you are in any doubt I will be pleased to elaborate.

 

Consequently, until a valid executed agreement is supplied, the account remains in dispute and as such further enforcement action cannot be taken.

I am fully aware of the recent test case of RBS vs McGuffick, however to pre-empt any attempt at confusion on your part I would point out that this referred to an agreement which was compliant but temporarily unavailable, therefore does not apply in my case.

With regard to the definition of "enforcement", I would remind you also that you are still required to comply with OFT debt collecting guidelines in order to retain your Consumer Credit Licence.

 

I am anxious to be reasonable in this matter, therefore I am allowing you a further 14 days until (xxdate) in which to comply with the requirements of my request and supply a valid agreement.

[cupcake68]

Cheers Elsa!

 

I'll get that in the post!

 

Cupcake

[Undercover-Elsa]

No probs Cupcake. Good luck with them and thanks for the green blob

[cupcake68]

Great advice deserves reward!!

 

Can you please tell me should we still tickle the scales of site team members ?

 

Thanks

 

Cupcake

[Undercover-Elsa]

Yep

[Undercover-Elsa]

Any updates on this, Cupcake?

 

Hope it kept them at bay over Christmas for you

 

Elsa x

[cupcake68]

Hi Elsa

 

It did thank you!

 

We have since had letter from Amex (not Newmans!) saying they haven't heard from us but would be happy to accept 21% discount to which we did not reply!

 

Nothing since.

 

I think I may use this letter on my monument acct who keep sending me a copy of an a5 sheet with my signature and no room for and prescribed terms.....

 

Cupcake