Amex Threatening Bankruptcy With This

GeorgeUK

With reference to their letter, they agree that a true copy of a credit agreement must show the credit limit, interest and the other listed prescribed terms.

section 61 of the CCA74 states:
(1) A regulated agreement is not properly executed unless—
(a)a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and
(b)the document embodies all the terms of the agreement, other than implied terms, and
(c)the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

This means that the prescribed terms must be contained in the document you signed, doesn't it? (Still got flu so brain's a little foggy)

Does the T&C actually state what her credit limit is? I wouldn't have thought so. I'll have another look to morrow when i'm hopefully a little clearer, but i think you'll need to point out the aspects of the act which they are in conflict with to get your point across.

One thing i'm slightly puzzled about though, if the debt is now with a DCA, why are you dealing with Amex instead of the DCA? Did they tell you that you would need to contact Amex for a copy of the CCA? If so, you are basically doing their work for them.

FightingBack_2

Hi George,

Hope you're feeling better.

Amex wrote saying they had investigated the complaint and that was it, the matter was now closed and passed to their DCA for collection.

Both have now been SAR'ed and a complaint sent to the FOS.

The above section was quoted to them in writing but the funny thing is, we found a copy of a letter from Amex on another forum for someone else and it was almost an identical to the one shown here!

louloujs

Hi FB

I'm going to send you the link to a couple of threads regarding Amex on the CAG site. I too am being threatened with bankruptcy from Amex's DCA, Newman & Co. I am also being threatened with charging orders etc. Amex are the most agressive credit organisations around and will go a long way to secure their debtors.

I have today received my SAR and CCA as I am being charged £1500 in collection fees which, so far, the courts have deemed excessive. The important thing is to get the claim in which will hold off any collections agent in the interim

Forewarned is forearmed so read through this thread and then search the site for Amex -v- Newman & co etc

http://www.consumeractiongroup.co.uk/forum/legal-issues/137617-zhanzhibar-amex-aic-newman-new-post.html

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/166114-american-express-newman-co-new-post.html

I think the second one is a link to my own thread but take a look and do a search. These people are like rottweilers. They need muzzling.

Good luck...