Help Please! - Amex – No Cca / Account Terminated Incorrectly

[nodefaults2010]

I have received a DN and TN from Amex in relation to a credit card that I was making reduced payments on and need advice on how to proceed.

For background, I have been making reduced payments (which Amex never agreed to despite my request and they refused to stop interest accruing as well) for about 6 months and they sent me a DN after about 2 months. I was then sent a termination notice that stated the full balance due and said account was terminated.

I also sent a CCA request although this was sent after the DN and TN. Their response to the CCA request was not adequate and did not supply a signed agreement. Further, they were very defensive in their response when I had only asked for the agreement so seemed like they may well not have a true copy (although who knows at this early stage).

They eventually replied to two further complaints from meby stating that they had sent a copy of an online application with the box ticked, however, I am certain that I did not receive this. Saying that I would be very surprised if they would actually state they had sent it but had not (maybe I am being slightly naïve in thinking this?)

Yet their letter was written very strangely in that it kept saying “you would have signed…”, “we would have sent….”, etc. If they were certain they had sent me it and had a true copy, then why on earth did they not just state that they had sent me a copy instead of speaking in a different tense?? So now I am not sure what to believe.

In the meantime, I have been chased by several firms, including Brachers and Allied, both of whom were kicked in to touch when I pointed out that Amex had not complied with my CCA request. I now have SRJ sending me letters (including the latest one from about 2 weeks ago that threatens actual or at least likely court action (see attached docs).

Anyway, my questions are as follows:

(1) is the DN (which does not give a specific date to remedy the breach by but instead states “14 days from date of service..”) valid? If it is not valid, is this enough on its own to successfully claim that they defaulted incorrectly and therefore is unlawful rescission of contract?

(2) should I pursue the incorrect DN & terminated account strategy or continue to request the CCA?

(3) If I take the route of incorrect DN and terminated account, as I continued making payments for 3 more months, can I count this as arrears? I could quite validly argue, I believe, that I continued to pay at a rate I could afford but to reduce the arrears instead of counting as payments towards an outstanding balance. Sure they could then argue that if that is the case, how could I have possibly breached the remedy even if given sufficient time but I could plausibly have obtained a one off loan from a relative to do this.

Or would it work better to claim that as a consumer without expert knowledge, I continued to pay but upon realising that the account had been terminated incorrectly (recission) I immediately accepted in writing that the contract was ended and arrears were due?

I appreciate that ideally I should have ceased payments immediately upon receipt of the DN and/or TN but as I wish to proceed on basis that account is now terminated and accept this with payment of arrears vs claim for unlawful recission of contract, which strategy has best chance of success?

(4) Is there a template letter I should send to confirm I accept contract is terminated and to conclude matters (if indeed I have a case here)?

(5) re: SRJ’s threats of legal action and letters, should I respond to them? How should I respond? Just to state that Amex have not complied with CCA, or that account is terminated and only arrears are owing, or to send a CPR request so that they send any CCA that will be used in such action if it comes to pass?

Any thoughts on these points would be much appreciated.

Amex letter 1.pdf

Amex letter 2.pdf

Amex letter 3.pdf

SRJ 2.doc