Amex threatened me with bankrupcy!

Arfhurdaly

I got a letter from Amex's DCA, that they intend to take legal action, recommending a "statutory demand for bankrupcy".

I have previously CCA'd them, and they sent me a computer printout, a pseudo-application form with no prescribed terms on it. I sent them an "Account in dispute letter". Then got this back.

Any ideas whatletter i should send back?

How likely is it they bankrupt me, on an unsecured credit card?

Arfhur

DGJsaver

If the CCA is unenforcable , they cant.....go over to the unenforcablilty thread to ask for confirmation

DarkConvict

For them to make you bankcrupt,

You need to owe them £1500 or more,
They will have to pay £1500+ to make you bankrupt
They would only consider it if you have assets otherwise it wastes their money
They need an enforceable CCA to make you bankrupt, if they had one they would have gone for a CCJ first.

datcat

Amex are one of the few companies that will make you bankrupt. It may serve you to pop over to the http://www.consumeractiongroup.co.uk/forum/debt-collection-industry
as they helped me when I had a SD served on me.

GeorgeUK

It might be worth sending them a subject access request (SAR - cost £10) to get a copy of all the data they hold on you. This should include a copy of the original signed credit agreement and you can then see if it is properly executed and enforcable.

Arfhurdaly

DarkConvict wrote: »

For them to make you bankcrupt,

You need to owe them £1500 or more,
They will have to pay £1500+ to make you bankrupt
They would only consider it if you have assets otherwise it wastes their money
They need an enforceable CCA to make you bankrupt, if they had one they would have gone for a CCJ first.

Thats what I thought, esp the last point.

Any idea what letter i should send? Or should I offer F&F to them?

DarkConvict

If they have started rather than threatened SB, you definatly need more advice, as above CAG forums maybe more suited to helping write your defence that the CCA presented is not enforceable as such they cannot make you bankrupt.

Arfhurdaly

They have threatened it so far, but not commenced proceedings. But they havent sent me a compliant CCA. Can they do anything legally, until they have done this?

DarkConvict

They can attempt court action, but your defence can be on the grounds that they have not supplied a legally complaint CCA the money cannot be recovered by court action.