Amex and AIC

[pmhcfc]

I defaulted on an Amex credit card debt for £4,000 and got a call from AIC (Allied International Credit) requesting immediate payment. They refused to accept any payment terms, and suggest I get a friend or family member to pay it for me. That is not possible.

 

I phoned them on Friday offering £200 a month, though I could go to £250 at a push. They were not interested and stated that if I did not get the £4000 to them by noon Tuesday they would take legal action and that I could lose my house if the contents did not raise the £4,000 plus costs.

 

I asked a bit more time to find what I could do, but they refused and confirmed that my deadline was noon on Tuesday.

 

What are my rights on this? It is very, very worrying.

 

Pete

 

You should never speak to them on the phone- that's the first thing..Have everything in writing....First thing Monday morning, send them the following letter with a £1.00 postal order and send recorded...THis will buy you some time...Once they have produced the Original Agreement you're asking them to, then you can write to them with an offer.. THere's no court in the land that will rule that £200 per month is not an acceptable payment...You have to remember that the parasites that work at the DCA's, work on commision. They'll say anything to get payment and boost their wage packet...Send the letter and have a good read around this site for knowledge and advice whilst you wait for them to produce the original agreement...

 

Your Ref: xxxxxxxxxxxx

 

 

To Whom It May Concern

 

I do not acknowledge ANY debt to your company.

 

I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

 

Yours Faithfully

 

 

[pmhcfc]

I've had one Recorded Delivery not recieved by them, makes me wonder if they know what it's likely to be and refuse to sign for it, but that could be me being paranoid?

 

THats why when you send a CCA request you should write on the evelope 'Payment Enclosed' - THey'll sign for it then.... Well, there is a payment enclosed isn't there? a £1.00 payment for the CCA

 

 

 

 

 

 

[pmhcfc]

Hi

I have AIC pestering me for two accounts, one's an old Lloyds account and the other is capitol one. They never responded to a CCA request on the capitol one account but keep phoning about Lloyds. I sent them another CCA request on this a couple of days ago, I also sent a CCA request on the Lloyds account back in Sept 06 to Lloyds solicitors, nothing back?

 

Good advice above, never speak to them on the phone, I just say "Sorry, I don't speak to you people, write to me instead". They usually hang up.

 

keep copies of all the letters you send them, if it's just a standard letter I'm sending I just get Proof of Posting from the post office, otherwise it's Recorded Delivery. I've had one Recorded Delivery not recieved by them, makes me wonder if they know what it's likely to be and refuse to sign for it, but that could be me being paranoid?

 

Thanks everybody.

 

I already sent the letter without 'Payment Enclosed' but I will remember that for the next time, or if it comes back unsigned for. I think I will contact Amex with a registered letter in any case. It might not please them if they know that I can write them down on my websites.

 

I'm probably wroong oin saying that you don't know how important your advice was to me, since you have been through it yourselves, so you know how I feel. No need to say more except thanks.

 

Regards,

 

Pete

 

No problems Pete, keep us informed of what's going on.