Amex Threatening Bankruptcy With This

FightingBack_2

Hi,

My friend is in the same position as me with Amex threatening bankruptcy.

I feel that the agreement is unenforceable. They sent the attached to her with a copy of her telephone bill which she had to supply as proof of address.

They are insisting that this is all they have to send together with a copy of the T&C's. She took the card out in 2003.

Can someone have a look at this and tell me what they think?

Cheers,

FightingBack

http://i47.photobucket.com/albums/f181/BelstarBomb/Amex0001-1.gif:santa2:

FightingBack_2

Apparently the link wasn't working,

This one is

http://i47.photobucket.com/albums/f181/BelstarBomb/Amex0001-1.gif

FightingBack_2

Does it also make any difference that the application form was filled out on an aeroplane?

beanielou

Why on earth would it make any difference where the application was filled in?

GeorgeUK

Can you tell us exactly what happened?
Did your friend request a copy of the credit agreement?

FightingBack_2

have you heard of distance selling regulations???

I've been lead to believe that it can make some difference if they haven't sent certain paperwork or given a cooling off period. I just wanted to see if that applied to this

GeorgeUK

If this was a CCA request, the document should have the amount of credit and the APR that was to be applied for starters. This on its own wouldn't be a true copy of a credit agreement.

FightingBack_2

Thanks George,

Specifically they are saying that this together with the T&C's and confirmation of what was owing (all on separate documents) is sufficient for them to make her insolvent if she doesn't pay.

I don't think that that is sufficient to enforce the agreement - would you agree?

many thanks,

FB

FightingBack_2

Oh and yes, it was a CCA request. When they intially sent her this, she sent the standard response that it did not meet etc as it did not have the prescribed terms etc, etc as per the CCA 1974. It went to complaints at Amex, who wrote back saying they had invetsigated the matter, disagreed with her as they believe they had fulfilled their obligations and that they were continuing with legal action. She then got letters from the DCA who have said they will start inslovency proceedings if she doesn't pay up

FB

GeorgeUK

From what you have shown here, this is an application form. While it is possible for some application forms to be considered compliant with the CCA74, this has no information other than the name and address so i cannot see how they can say this is all that is required.

Have you sent the template letters from this site?

You have requested a copy of the credit agreement - not the application form. There are a few letters you can send stating that they have not fulfilled their obligation to comply with the Consumer Credit Act.

These are the prescribed terms under the act that the CCA must have.
http://forums.moneysavingexpert.com/showthread.html?p=6815188&highlight=weller711#post615188

Some extra reading
http://forums.moneysavingexpert.com/showthread.html?t=891069
http://forums.moneysavingexpert.com/showthread.html?t=578486

FightingBack_2

Thanks again George,

Is there any mileage in the distance selling angle? I'd rather she have as many 'weapons' to back her up with as possible.

FB