Is this fair practice Amex

[Tawnyowl]

Opened account 6 yrs ago- ran into difficultys 2 yrs ago -account passed to outside agency Newmans. Had asked for help of CCCS who helped me work

out offers.Within one day after receiving offers -talk took place between Amex and Newmans and account was closed and recoded to RMA Resolve.There was an immediate file referral fee of 114 Pounds and accrual interest of approx 40 pounds over next 2 months.This information was on my S.A.R. forms just received back. Approx charges of 250.00 pounds made up of Over limit fees and Late payment fees.Was hoping to get reduction on account but they seem to have demolished that idea.I think i will now proceed to step 2 once ive worked it out. Hope this helps somebody- anybody any ideas.

[lookinforinfo]

You should ask Amex where your T&Cs allow for them to charge

referral fees, what exactly the charge is for and who it was paid to. I am

surprised that CCCS have not arranged for your interest to be frozen.

[Tawnyowl]

Have had a closer look at papers that arrived -after sending letter to American Exspress from the CCCS telling them of difficultys in paying and offer of payment ,Amex made call to Newmans - somebody called Martin-he closed the account- as DMC dealing- and recoded account to RMA-Resolve and forwarded letter from CCCS for them to deal with .They musnt deal with CCCS clients.It seems to be RMA who have added file refferal fee on first day of having account. Plus charges of interest.Account gone up by 134.00 since they have had account- they have sent me a letter saying they have been appointed by American Express to negotiate repayment on their behalf and that their services are paid for by Amex. Surely they have just bought the debt . Wonder if Amex owns any of these companys as they seem so close.Anyway going to add charges together and try for them- might see what i can do about file refferal fee. Thanks for reply you certainly are about early in morning.

[lookinforinfo]

RMA -Resolve are part of the NCO Europe group apparently. RMA -Resolve don't seem to be registered with the Information Commissioners Office-but NCO is.

NCO has changed its name from Risk Management Alternatives International ltd on the 13/01/2006 so you can see where the RMA comes from.

RMA tend not to buy debts, just collect on behalf of others-still doesn't give

them the right to charge a referral fee,especially as they are being paid by Amex. As I said in a previous post-write and ask where it says in your contract with Amex that a third party can charge you fees. And if they can't

do so, they must cancel the charge. And if they don't own the debt, they can't charge interest either, though I accept that Amex may still charge.

However you don't want to be paying RMA for something that may not be getting to Amex.

[Tawnyowl]

Thankyou for advice. Will work out a letter to send asking for charges back and asking about file refferal fee.If i hadnt taken advice on this site and sent SAR i would never have known about telephone calls and these extra charges wonder how many other people have had this happen to them. Slip a few charges in they will never know.

[zubo]

Tawny

 

Look at my thread re Amex.

 

There is an interesting angle using the law - similar to SAR - this one uses CCA - Consumer Credit Account 1974. All credit cards are subject to it. You may make a request under CCA regs for a true copy of your agreement - True means it MUST contain your signature and reference T&Cs. There are strict compliance timescales - so ensure you send this registered. IF they will fail to supply you, ie they have lost or destroyed it, then (a) they are committing an offence subject to £2500 fine and/or prison and (b) they cannot enforce the debt without going to court - and the court will not agree until they produce the docs you asked for. The debt remains but nobody can collect... also once they have passed the 12day? time limit to supply docs, then you can slap a default notice on Amex, refuse to pay a bean and they cannot lodge your name with any credit angencies nor add any further interestr and charges.

 

Go on the offensive - musch best form of defence.

 

look at the huuuuuuuuuge thread re CCA - worth reading and getting a feel for it.... there is a number of strategies being developed - go look

 

hope it helps

[Tawnyowl]

Thankyou for advice.Im learning more each day on this site. It seems to be coming more of a hobby. Will certainly be looking at thread CCA sounds an interesting area. thanks again.

Tawnyowl.