Amex and AIC

[pete16]

It's all getting too serious now. They phoned my wife and insisted on her giving them my mobile number. They then phoned me and told me if I didn't pay the full amount in 24 hours they would arrest my wages.

 

I know they can't do that but they shouldn't be allowed to threaten that, or my wife. My mobile is a works mobile and they shouldn't have the number. I complained about them getting my mbile number from my wife and they denied it. This Mr. Brown also denied I had asked for only written communication in future, but every time I hung up, he phoned right back. He called my work 5 times in less than a minute, until I had to speak to him.

 

I sent the letter requesting a CCA on 2nd April with no response. I mentioned this to him and he laughed, saying I was 'pathetic' to think that it made a difference, and that CCA requests are not legal obligations.

 

I told him he was in default and he laughed again. I get a call every other day now, threatening me with further action. Does this mean that he can't actually do anything, because if he could would he not have done it?

 

Thanks for all your help, but I have now got to let a solicitor deal with this. How do I do a SARs request: Is there a letter somewhere? I have looked on the site but can't find one.

 

Cheers and thanks,

 

Peter

 

 

 

I have decided now to put the matter into the hands of a solicitor.

[surprise]

Did you send your CCA Recorded Delivery? if you did you should use track and trace on Royal Mail that should be able to tell you if they have had it. I CCA'd them and they have defaulted. Just grit your teeth and just tell the family not to speak to them. You can also send them an Harassment by Phone letter that's in the templates. I doubt very much that they've got an agreement and this is all part of their bullying tactics. If you have got BT you can have a service called "choose to refuse" blocks all the numbers you don't want to receive. If you didn't send recorded delivery you may have to do another one so that you can prove that they've received it. Also, when they phone just say sorry I don't discuss financial matters on the phone, write to me. Hang up. I did that they haven't phoned back since.

[pete16]

Yes, it was sent Special delivery to get it there next day. It was received and signed for on the 3rd.

 

Hanging up is no good since this guy called Brown just rings back again - and again, and again. He phoned my work last week 5 times in less than a minute till I had to speak to him. He told me I was lying when I said I had requested to be contacted only by letter.

 

He said he had replied to my CCA request, and laughed when I told him he was in default for not replying. He said I was talking rubbish and that next time he would inform my employer that he was taking a stop on my wages. That's what decided me to contact a solicitor. It's either that or a hit man, and the solicitor is the cheaper of the two!

 

What's a SAR, and is there a template for a request for one on the site?

 

Thanks for your hlep. I really do appreciate evrybody who is helping me, and I will try to do the same for others once I have got through this. I just wish it would get sorted soon, but it helps being able to write to this forum because otherwise I might break up. I've not had a proper night's sleep for over 6 weeks.

 

It's not easy, especially when I want to pay, but they won't let me. But you guys all know that, so thanks.

 

Cheers,

 

Peter

[surprise]

You don't need a SAR. It would be no good because it sounds as if they have bought the debt, the only way a SAR would be any good is to the original creditor. If you just sit tight and wait 12+2+30 days they will have committed a criminal default, you can get your own back then. Also, until such time that they produce the agreement they cannot enforce the debt, therefore, you won't have to pay any money. In the meantime, I think you would be justified in complaining to Trading Standards at Glasgow regard him threatening to talk to your boss. You can do it on line

[bluecat0208]

Dear Peter,

 

A very easy way of dealing with AIC and these sort of calls, is to say would you mind repeating that while I record the call as I wish to go to Citizen's Advice about what you are saying you can do and get their advice about your comments.

 

They tend to end the call very quickly at that point and if every time they ring you say the same thing, they tend to get the message.

 

AIC has just pass on my debt to another collector after failing to provide a CCA - they are 6 months overdue and despite their calls telling me that they didn't have to provide anything, if you stick to your guns, they will go away.

 

Always remember that you don't have to speak to them if you don't want to and if it is stressing you then don't.

[TideTurner]

Peter,

 

Many mobile phones have the facility to record calls, and give a 'beep' every 20 seconds or so whilst recording.

 

It is a criminal offence to do what they are doing, and if this continues, you should register every call with your local Police.

 

Who is the original creditor?

 

In the absence of a CCA, you have no need to deal with these people - and can ignore them. You need to get to the root of the problem. Report AIC whenever they call, and let them know you are doing so. Then focus on the original creditor, their ability or rights to instruct a third party to pursue you or forward your information (have you given your authority)?

 

Phone the original creditor, and tell them that agents they have instructed are breaking the Law. Then insist on a copy of your original contract.

 

Phone them 3 times a minute until you get it, and insist that you speak to somebody high up each time.

 

Make notes of all telephone calls - date, exact time, person you spoke to, what was said. In particular any incoming calls.

 

This will give you the necessary evidence should you need to prove harassment.

 

Also look at S40 of the Protection From Harassment Act 1970, and write to them quoting it. Tell AIC you will no longer deal with them until they can prove they have a legal right to process or store your personal or financial information. Also ask them for their registration number with the Information Commissioners Office.

 

A letter of complaint to the ICO wouldn't go a miss.

 

Tide

[alexskord]

PLEASE CAN YOU HELP ME?? Allied International called me two times in my mobile weeks ago and I hung up as I have read some other threads in here.Today they called me in work but I do not know how they found my work's number. I could not do anything because i was in work. I have asked them loads of times to send me everything in writing. They want the full amount which is £3070 but they add another 600 pounds. they said that they will be sending that information by post. they also didn t give me a choice of paying off the amount monthly and they were bullying me. COULD YOU PLEASE SUGGEST ME WHAT SHOULD I DO STEP BY STEP BECAUSE IAM CONFUSED? Do I need to send them a CCJ or what? they are also called me at work which I think is unlawful.I haven t got a clue.please help.

[surprise]

You need to send a CCA letter, with a £1.00 postal order/cheque, recorded delivery. Letter is in General Debt, letter templates, letter N. They have 12+2 days to produce the agreement, then 30 days to commit a criminal offence. Don't let them bully you, don't speak to them, basically ignore them. Make sure you start your letter I DO NOT ACKNOWLEDGE THIS DEBT

Regards telephone read Tide's post #22. above

[alexskord]

thanks very much surprise! I am gonna send that first thing on Monday. I also want to inform you that I have done my own thread with title. Alexskord vs. Aic Could you please help?

Thanks again.

P.S Could you please explain me in my own thread if you dont mind what do you mean 12+2 days and also if they commit a criminal offence then I wont own any debt???

Thanks again

[out of cash]

hi,

 

when they really start to hassle you they phone 30 times a day i put a stop to this by changing land line number and mobile no calls anymore just everything in writing.

 

regards

 

glenn

[alexskord]

thing is that they found my jobs number...

[out of cash]

hi everyone,

 

could someone please advise me if i can still request a cca if i have been paying reduced payments towards visa card debts does this not make me liable?

 

regards

 

glenn:confused:

[out of cash]

hi alexskord,

 

that is a real pain but there are things to protect you from this they are not entitled to harrass you at your job if you lost your job because of this they would put themselfs in a position to be sued someone with more info

would be able to explain the tech side of things but its all about unfair practice when collecting a debt have a read around the forums there are lots of cases to do with this you can complain to oft and they get fined £400 even if they are seen to be acting fairly sounds crazy but i think thats correct.

 

regards

 

glenn

[alexskord]

hi everyone,

 

could someone please advise me if i can still request a cca if i have been paying reduced payments towards visa card debts does this not make me liable?

 

regards

 

glenn:confused:

 

Iam sorry but I am new in the site so I can t tell you for sure.The logical thing is of course you can send them a CCA but this is purely my opinion.

[pete16]

Hi Guys,

 

This thread is getting interesting and I am glad that I started it since it raises some interesting questions. I also have some advice that I think I can give, having asked a few people online where we stand with companies such as AIS.

 

I apologise for not replying to those of you who have been so kind as to give me so much good advice. I have done everything suggested other than record the calls because AIS stopped calling me on my mobile after I informed them that I was recording the calls.

 

Here is where I am at now: AIS called me at work again when I was in a meeting, and when I informed them of the fact they continued to phone every 30 secs till I had to come of the meeting and speak to them

 

I informed a Mr Brown that they were in breach of the law for not replying to my CCA request of 6th April and he laughed at me, telling me I was talking rubbish. I told him one again to contact me by post only. He called a colleague over and he also laughed at me when I mention the CCA letter. It has been confirmed by the Post Office that this letter was delivered.

 

Two days later I received a letter from their solicitor, asking me to contact them. The number I was to call was the AIS number. I have until Wednesday to contact them to make full payment.

 

They stated that they were taking the case to Wakefield County Court :o - I live in South Wales about four hours drive from Wakefield, though I cannot drive since I recently had a knee replacement. The interesting thing, however, is that they gave details of what they were taking me to court for.

 

My debt is just over £4000 with Amex, but they stated a debt for just over £2000 with NatWest Card Services. I have a Natwest credit card that is in good order, and not the same card number as AIS quoted.

 

I looks like they got the details wrong!

 

The reason I am in this situation is that I overspent on Google Adwords without realizing it -they charge for ads after the event and it's easy to overspend by a few grand. I phoned Amex and offered to make up my overdue payments in two months, but they refused. Anyway, that's irrelevant.

 

I am now faced with a possible court case if they go through with it, and I am looking forward to it due to them getting the details wrong. I now have the card number of somebody who owes Natwest over £2000! What can I do with that - I have not informed AIS of this - why should I.

 

That's where we are now: facing a court case for a debt I don't owe, failure to reply to a CCA request for a debt I do owe, and am willing to pay at £200 monthly, and Amex refusing to discuss the debt with me because it has been passed on to a collector that they wil not name to me.

 

This has been a long post, and I will make sure to respond quicker if anybody replies to it. To Alexlord, yes, you are still liable if they do not send you the CCA, but if they cannot provide it in court, or other definite evidence with your signature that you owe the debt, they cannot force payment. Refuse to acknowledge the debt.

 

As far as I know, though I am not an expert on this but have been informed by others who profess to be, if they don't have the CCA you signed with the original creditor nor any other positive evidence that you acknowledeg the debt, then they can do nothing.

 

I have also found this site that might be able to help. If you provide them with details of income and expenditure, they negotiate with creditors free of charge, and help you come to agreements that suit you.

 

Moneybubble.co.uk - I haven't provided the full URL because it seems to default to an advert, but in spite of that they seem quite good, and their legal advice on this sort of debt problem is free.

 

I have just contacted them and am awaiting a reply, but they look OK. If anybody has dealt with them plese let us all know!

 

Thanks everybody for your support, and I apologise that this thread is so long. I use smilies instead of screaming at my wife!

 

Regards,

 

Peter

[surprise]

Whatever account they are dealing with the they need to send you an agreement for the account they are collecting on. I would be inclined to report them to Trading Standards. I know they adopt a different stance once the 12+2+30 days are up and they do write to you to try and get you to come to a payment plan. I don't know the company you are on about but If I was going for a payment plan I would use either CCCS, National Debtline or CAB. If you don't know anything about a company its best to leave them alone, unless anyone else comes along and knows differently.

[out of cash]

hi pete16,

 

if debt has been sold to a dca and they cant produce copy of orig cca with terms ,conditions both sigs and dates to agreement let them whistle if the total debt is below 2500 or just under report them to oft/ts as they face a fine up to that for non compliance with the cca request if they have now past th orig 12+2+30 i think these days are correct in total?

 

regards

 

out of cash. but getting better

[pete16]

Thanks for that.

 

I haven't heard anything since 20th May since I received the wrong court letter, and I requested the CCA 2 months ago. The debt is 4200 and I am prepared to pay £200 monthly but they seem not intertested. I don't know why they are being so stupid.

 

Pete

[pete16]

Thanks to everybody for the great advice. I followed it all and AIC have finally agreed to my repayment proposals after I wrote to them threatening legal action and to report them to the OFT for CCA request default after the 42 days unless they accepted my offer.

 

Great result! I was very worried and depressed but I followed all the advice given in this thread and it worked! Thanks guys - you are a great bunch.

 

I will now keep an eye on the forum and do whetever I can to help anybody else in the same position as I was.

[clutchingatstraws]

Have they supplied the CCA to you yet

[Monty2007]

I spoke to TS today about Amex's agreements and interest applied following default. Apparently they don't have to produce an original agreement since they send one when you open the account?! I asked how could this be verified, the response was by the CCC records, I then asked about having an executed CCA and they said it did not need to be signed by both parties since by using the card you had agreed to their T&C's.

 

I then asked about the collection of interest following default and they said that it would be in the original agreement/T&C's?! I said I did not have one and that by serving a default notice they had terminated any alleged agreement and any T&C's. The person I spoke to got upset and told me I should send a letter to the CEO of Amex or the FOS.

 

Conclusion; TS are USELESS!

[buffyoo7]

hi sorry to jump on this thread but aci have been hassling me for some time now phoning work and home for a debt i didn't know i had i have asked them to stop phoning me at work i am not allowed to take calls at work don't know how they got my work no my manager even spoke to them this still didn't stop them i am now on maternity leave so the can not get me there but it all got a bit out of hand tonight i asked him not to phone but to write to me he said no i told him i was not going to talk to him on the phone anymore and put down the phone he kept calling back and i just put the phone down each time after 15 yes 15 times of doing this i left the phone off the hook for about half an hour when i put it back on it rang straight away i piked it up and it was him again i told him again to stop phoning me i then said that he could tell me what he wanted but i wasn't going to answer him he started to shout at me and was really nasty i just said have you finished and he shouted some more i told him i was going to send a letter asking to see the cca and he said don't forget to send 15 pounds with it i then put the phone down i have found the letter to ask for the cca but has any one got a copy of a letter asking them not to phone and do i have to send 15 or is it 1pound (sorry pound sign not working) and should i send it to the Glasgow office which has been sending me letters any advice would be great thanks

buffy x

oh by the way i got all my bank charges back of the halifax today i won !

[surprise]

Its £1 - letter N in the general templates diary. make sure you send it recorded delivery and put I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY. I would also send the Harassment by phone letter. This company are real low life.

 

good luck.

[buffyoo7]

thanks for that

buffy