AMEX sent in debt collectors! Help

putty71

DarkConvict wrote: »

Full and Final actually, It is an offer to cover the debt in full (even if you are offer part of the amount) as you do not want them to return and try for the remaining amount later.

I'm not sure what a notice of assignment is, but going on what never-in-doubt has said it is what they should have been sent when they brought the debt.

If you can only afford token payments this is an option, but as you are awaiting a CCA request i would hold off until this request has been satisfied.

Great stuff thanks Dark

never-in-doubt

Putty71 - i've already answered and shown you the thread (see link in my last post) - there are loads of unenforceable agreements. You should be sending a copy of this letter, edit to suit, for any F&F offers: Default Removal - Offer of F&F Settlement

I'd not make token payments, this will serve no purpose and they will not take you serious if they know you'll pay. You need to decide if you're happy with the default they'll give you, if so then fight for unenforceability - link here: Unenforceability & Template Letters II

never-in-doubt

DarkConvict wrote: »

I'm not sure what a notice of assignment is, but going on what never-in-doubt has said it is what they should have been sent when they brought the debt.

Exactly mate. Its the legal handover of the debt from one owner to the other and there are rules and documents that must be completed with the T's crossed and the i's dotted! Failure could mean removal of default (if placed) due to the inaccurate and unlawful handover of the debt.

For example. Barclays sell your debt to Debitas, and after the point of sale you get a late NOD (Notice of Default) arrive from Barclays, but Debitas decide to add a default. As the NOC procedure wasn't followed - because only Debitas can add the default - it would be removed. Similar errors include: Debitas added a default without sending you a NOD, Debitas added a default but Barclays sent the NOD...

Get the idea?

DarkConvict

Got it, thanks N-I-D

putty71

Hi All

An update on my situation with Amex. As Never in Doubt confirmed elsewhere it looks as though amex have a valid CCA - bummer and likewise they have now confirmed this.
In between times however, I received a text saying mr x please call Allied International Credit urgently.
I was curious so I called them. They asked for my date of birth so I said no as I did not know who they were. They said they were calling for amex and not to worry I'd get a letter anyway. End of call.
I have seen elsewhere that these guys are all that is wrong with DCA's including the tactics they use. Any time now I expect to receive the letter from them.

What can I do please?

Can I write back saying give me a valid CCA knowing they may not have this?
Do I make an offer to pay a certain amount as I certainly cannot afford to pay them in full or do I offer a final settlement figure?

Any help please?

Thanks
Putty

Arfhurdaly

You said you believe that amex have a valid cca, does it have prescribed terms etc?

putty71

Arfhurdaly wrote: »

You said you believe that amex have a valid cca, does it have prescribed terms etc?

Unfortunately yes it does.

Arfhurdaly

Offer them 50%. If they reject, increase by 5%, until you find a common ground.

woody01

do I write to the DC agency, advising i am in dispute with amex

What are you in dispute with them about?
They want their money......
You can't/won't pay.....
They have sent someone to collect it........

CCA being a straw grabbing exercise to dissolve yourself from your bills.

Is there anyone out there at the moment that can actually control their finances to any extent? :mad:

Never-In-Doubt
Although your advice is good, and very useful to those with problems, does it never grate on your mind that so many people are doing their best to circumvent liability? There are people without money worries trying it on now and it just seems wrong.
This isn't a pop........i just cannot understand the thinking behind it and would like a good discussion.

WRINKLES

you got this slightly wrong woody this site is all about helping people who are at their witts end also it gives good advice to those being harassed and chased for debts they do not owe or are statute barred etc