amex cca

[CONFUSED45]

Hi Sunflower

 

Thanks, Good luck with MBNA.

 

I'm going to change the letter slightly again and send it back requesting sight of the original document, I know it's going to become a game of ping pong, but as you say at least I'll have a paper trail when and if I get to court.

I'll keep you informed, same with you let me know how you get on, I'm having hassle with MBNA business at present threatening to pass me over to DCA yesterday if I didn't pay up by close business yesterday, sending text messages & phoning me at work. I said to the woman yesterday you do know this is a form of harrassement, her reply was no it's not we just want the money that is owed to us! says it all.

I sent harrassement letter and cca request today and wait and see what happens.

confused

[CONFUSED45]

Hi Pedross & sunflower

 

got this notice today in post before legal action, not sure what todo next whether it's real or just a tactic rma!

[http://i863.photobucket.com/albums/ab199/confused44/img035-1.jpg

would really appreciate anybodies help, letter dated 24th July, which is the date RMA were due to call. If it was posted on 24th July, it's taken 7days to arrive and I have to pay within 7days, give me alot time!!!!

regards

confused

Edited July 30, 2009 by CONFUSED45
date/image

[sunflower99]

Hi confused

I not come across that soliiters before called westminster ones the only thing is they do not use the word MAY and are saying they actually instructed to commence proceedings though it could be a bluff but best to take it seriosly.I am just going to hunt out some letters i used and check for you what you should write back,

[sunflower99]

Hi Confused

 

I just asked the advice of someonwe who helped me with my crapital one and MBNA issiues> i could show you the letter i wrote Restons but not sure if it suitable to use for your case now.so hope this person will be able to come back with a suitable letter to write .

Edited July 30, 2009 by sunflower99

[pedross]

Hi Confused

 

I had the exact same letter 6 months ago. Word for word.

 

I just ignored it but we all do things in different ways. You might feel more comfortable writing and telling them that you are waiting for information from Amex.

 

See what letter Sunflower comes up with.

 

Pedross

[sunflower99]

RMA were set on me by MBNA for a while ,They were terrible telpehone pests and once tried to phone me ten times in the space of one day at my work place,I sent them a telphone harrasement lettter and so did my boss! and they dropped me like a hot potatoe after that!

[sunflower99]

Hi Confused

 

I had the exact same letter 6 months ago. Word for word.

 

I just ignored it but we all do things in different ways. You might feel more comfortable writing and telling them that you are waiting for information from Amex.

 

See what letter Sunflower comes up with.

 

Pedross

Hi Pedross!and confused

Thats comforting so sounds like it may be an empty threat

[CONFUSED45]

Hi Sunflower

Thankyou, that would be great.

confused

[CONFUSED45]

Hi Pedros

 

Thankyou, I think it's a dummy letter as the seven days were up today and I only received it today.

I'll wait to see if sunflower will come up with a letter

regards

confused

[pedross]

Hi Pedross!and confused

Thats comforting so sounds like it may be an empty threat

 

 

It was in my case thats for sure Sunflower.

 

I don't have any letters to recommend because I think each situation is individual. I try and help as much as possible but I do not want to push people down the route that I may take because it may not be right for them.

 

If you have got a letter explaining that Confused believes she is in a good legal position and she is waiting for further info off Amex that should get them thinking, based on the letter that she has just sent.

 

Pedross

[citizenB]

Hi Pedross & sunflower

 

got this notice today in post before legal action, not sure what todo next whether it's real or just a tactic rma!

[http://i863.photobucket.com/albums/ab199/confused44/img035-1.jpg

would really appreciate anybodies help, letter dated 24th July, which is the date RMA were due to call. If it was posted on 24th July, it's taken 7days to arrive and I have to pay within 7days, give me alot time!!!!

regards

confused

 

 

Hi confused,

 

SF has asked me to look in on you:)

 

I cant comment on the agreement/application form as I have no knowledge of AMEX paperwork.

 

However, the Default notice is defective in that it states (within 14 days). The regulations say a date must be specified, apart from which, they havent allowed any time for posting which should be 2 days for 1st class or 4 for 2nd.

 

As regards the letter from the solicitors. They have been rather presumptious, they detail a list of things they are intending to happen when judgement is obtained:confused: Surely that should read "IF".

 

I would suggest you write to the solicitors, thus..

 

 

Dear Sirs,

 

Any references they use

 

ACCOUNT IN DISPUTE

 

 

I am in receipt of your letter dated 24th July 2009 and received by me today, 30th July 2009. No debt to your client is acknowledged.

 

I am very surprised that this account has been passed to you in that this account is in dispute with the original creditor.

 

In the circumstances, your clients threat of legal action would appear to be a breach of the Consumer Protection from Unfair Trading Regulations 2008 and the Office of Fair Trading Guidance on Debt Collection. Should you or your client bring proceedings, they will be robustly defended, and the Court's attention drawn to the above statutory breaches .

Furthermore, I reserve the right to bring the conduct of your client to the Court when the issue of costs is being considered.

Yours faithfully

[citizenB]

Have you looked around other Amex threads and compared the document (agreement) with those. Look in both the success forums and those threads where people have lost. See how their cases compare to yours.

[CONFUSED45]

Hi CitizenB & Sunflower

 

Thankyou for your letter, will send tomorrow, I have today sent another letter to amex requesting to view the original document.

I really appreciate you taking time to look at my documents and replying thankyou to you to Sunflower for your help.

Will read through all amex threads as advised.

regards

confused

[Monty2007]

Hi CONFUSED

 

Please take a step back and understand where your case is relative to the process that Amex and others follow. There is nothing you can write that will stop what they are doing, so you need to relax.

 

They have complied with their S78 CCA 1974 obligations following your request, you also need to undertake a SAR since there may be some additional items that emerge. It really is a time for you to collect information in anticipation of litigation by Amex.

 

You will be passed to a few DCA's and then end up with Brachers, a second rate legal firm based in Maidstone. They will issue a claim and that is when you have your defence prepared and defend what is now a typical case based on the application that they will try to enforce as an agreement. You also need to build a defence on the default notice, but until they litigate it really is a waiting game.

 

Read all the Amex threads and you will notice a common theme of events, yours will be similar, or identical. Whatever you send now will generate a standard response so don't expect anything else and don't be disappointed.

 

There is no magic letter at this stage, it will come down to your defense and hopefully a fair judge who will get you present your case.

 

Be under no doubt though that Amex are beatable..........

Edited July 30, 2009 by Monty2007

[sunflower99]

Hi CitizenB & Sunflower

 

Thankyou for your letter, will send tomorrow, I have today sent another letter to amex requesting to view the original document.

I really appreciate you taking time to look at my documents and replying thankyou to you to Sunflower for your help.

Will read through all amex threads as advised.

regards

confused

Hi confused!

Thats ok! im glad to have been of help and that CitB was able to give you a few pointers about dodgy DN and a suitable letter to write back in response .Also thanks for you wishing me luck in my own fight against MBNA/Restons,

[CONFUSED45]

Hi Monty

 

Thankyou for your reply, I will read all the other threads and send a SAR request to amex tomorrow, I will send citizenB's letter to RMA and Westminser solicitors just for my own peace of mind and hopefully it will help in the future if it goes further.

regards

confused

[sunflower99]

It was in my case thats for sure Sunflower.

 

I don't have any letters to recommend because I think each situation is individual. I try and help as much as possible but I do not want to push people down the route that I may take because it may not be right for them.

 

If you have got a letter explaining that Confused believes she is in a good legal position and she is waiting for further info off Amex that should get them thinking, based on the letter that she has just sent.

 

Pedross

Hi Pedross ! and confused

;As you say every case is indvidual and everyone has different opinions! but i dont think it does any harm to leave a bit of a paper trail and saying that you have doubts about cca being correctly executed and show any future judge that you made efforts to see original and get conformation about it!and i am so glad CITB was able to find a suitable letter for those soliciters ,

[CONFUSED45]

Hi Sunflower

 

I'll keep you updated, as what's going on when it happens, like wise with yourself

good luck!

confused

[Monty2007]

Hi Monty

 

Thankyou for your reply, I will read all the other threads and send a SAR request to amex tomorrow, I will send citizenB's letter to RMA and Westminser solicitors just for my own peace of mind and hopefully it will help in the future if it goes further.

regards

confused

 

I can guarantee it will go further, Westminster are instructed by RMA (Amex in reality) and are part of their pre-litigation game.

 

Personally I would not respond until you get a summons.

[sunflower99]

Hi Monty

 

Thankyou for your reply, I will read all the other threads and send a SAR request to amex tomorrow, I will send citizenB's letter to RMA and Westminser solicitors just for my own peace of mind and hopefully it will help in the future if it goes further.

regards

confused

Hi Confused!

I agree with you,As at least by calling their bluff and showing you know your rights will not do any harm and may make westmiister soliciters think twice about their threats

[sunflower99]

Hi Sunflower

 

I'll keep you updated, as what's going on when it happens, like wise with yourself

good luck!

confused

Thanks confused! Hope all goies well with you too! ive got a nice couple of letters in my court bundle similaer to what you sending and i will be asking why MBNA did not reply to them in court!

[sunflower99]

Have you looked around other Amex threads and compared the document (agreement) with those. Look in both the success forums and those threads where people have lost. See how their cases compare to yours.

Thanks CitB for comeing to resue and helping me and confused with query!about letter! and giving advice to confused!

[CONFUSED45]

Hi sunflower,

Hopefully!

regards

confused

[CONFUSED45]

Thanks CitB for comeing to resue and helping me and confused with query!about letter! and giving advice to confused!

Hi Sunflower

 

Got reply to my SAR from AMEX, copy of application form but no t/c's on reverse like cca request. Looking at the original again it is a microfiche copy and t/c's have been copied on the reverse.

Also, they have sent through a schedule of letters sent since 12/05/09

I have quoted two entries from the log,

1) Enquiry response sent with application/t&C's with newest T/C's

2) Account cancelled

3) Application on filing system, placed infolder to be worked.

unquote

Now what do you think they mean by worked!!!!

regards

confused

 

 

unquote

[sunflower99]

Hi Confused

Worked!Thats strange ! Makes you wonder what they up too!":confused:sounds a bit dodgy!i got hearing for a summary judgement next months! :eek:So lets hope its not debters prison for me as MBNA want an arm and a leg off me! still i am getting lots of help and i hope to cause Restons some grief!