Amex Threatening Bankruptcy With This

GeorgeUK

No idea about distance selling i'm afraid.
I doubt where the document was signed will have any bearing though. It will be more to do with where your friend was living at that time and what office sent the forms - so that it is regulated under a certain legal system.

I take it the debt is not statute barred - 6 years since last payment made towards the debt (5 in Scotland).

If she has supplied the £1 fee, after 12(+2) working days, the debt would have been in dispute and unenforcable. Has she sent any other letters or just the initial request?

FightingBack_2

George she had sent the request with her £1. When they sent her the application form etc in response, she sent them the letter stating the agreement was unenforceable as the agreement did not contain the prescribed terms. Things went back and forward until she got the letter from the Executive department saying that as far as they were concerned, what they sent would suffice in a court of law and they no longer believe the account to be in dispute and would continue their collection efforts accordingly.

It isn't statute barred
Cheers,

FB

stapeley

Of coarse they will say it complies . They will also keep saying it will go to court , they want you to cave in . Stick to your guns .

FightingBack_2

Thanks Stapely,

That's what I have told her but you know what it's like when they get you at a week moment and then you poop yourself before finding your fight again!

By the way, did you see the advert in the Daily Mirror (my husband is the reader not me!) from a guy called Tim Meagher?

He apparently spent 30 years helping banks manage their debt and has now switched sides offering a CD-Book for free showing how to get out of debt for free.

I had a bit of a chuckle especially if it is all legit and above board - the banks must love him!:D

GeorgeUK

Is the debt still with Amex or a DCA?

I would send the 12+2+30 day letter (take out the part about the 30 day period being a criminal offence as it no longer is). This letter states that as they have not complied with your CCA request, you are removing any authority for them to pass your details on to a 3rd party (incase they have not yet issued a default).

You may also wish to list for them exactly what they have not yet supplied and that it is to be part of the signed document.

FightingBack_2

The debt is with the DCA now but I don't know if a default has been issued or not. I didn't ask her that and I can't get her now on the phone but I'm pretty sure one hasn't.

Should I get her to send the letter to both Amex and the DCA?

FB

RAS

Hi

The scan refers to paragraphs overleaf. What matters is probably in those paragraphs.

if they contain the presecribed terms it is a valid CCA, if not, then no.

Unless she sees them she cannot tell.

FightingBack_2

Hi RAS,

All they sent her was the scan, the current T&C's, a copy of a phone bill and the amount owing. Surely, if they have what is 'overleaf' should they not have sent that too when she sent her CCA request?

In addition, I thought that all the prescribed terms had to be within the signature box so that there is no doubt whatsoever about what she was signing for

FightingBack_2

Hi,

She has just bought this over - does it help with your opinions?

FightingBack_2

Hi,

Sorry about that.

We have just had another look at this and both of us have picked up on the same thing. They have made comment that should she look at the rear of her application form she will see the prescribed items however, they have not supplied a copy of the reverse of the application form.

Isn't the whole idea of a CCA request is to supply a copy of the legal document with the prescribed terms?

It makes us think that they don't have it.

What do you all think and have you picked up on anything else that she can use as an argument against the enforcability?

http://i47.photobucket.com/albums/f1...mex20001-1.gif

http://i47.photobucket.com/albums/f1.../Amex20002.gif

many thanks,

FB