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  • Laidback's UE diary

    I posted originally on the Welcome Forum a couple of days ago and Tech Clark has suggested I start diaries as appropriate. First diary is for :

    AMERICAN EXPRESS
    Account opened: 2000
    Current balance: Approx 5500
    Current Status: Default
    Debt Currently owned b:y Allied International Credit, Glasgow
    Current position: Last contractual payment made to American Express June 2007.Started making regular payments via DMP August 2007. DMP company taken over in 2018 so decided to go self managed instead. Last payment sent via self managed DMP 25 Jan 2019. Unlikely to send next payment due to developments below.
    January 2019: Decided to get life back and sent CCA request to Allied Int. Reply received from American Express enclosing copy of application form, and two letters which I've copied below (less the personal details). These letters, together with Tech Clerk's and my responses, also appear on my Welcome thread posts of two days ago if anyone wishes to refer to them. Tech clerk has advised me to
    send the agreement form to the Webmaster address for examination and I will update this thread as soon as I have done that.
    I will start diaries for the other alleged debts as and when I receive responses to my CCA requests, or alternatively when payment demands come in.
    Copies of American Express letters
    'We write to inform you that, regrettably, we are no longer able to provide the original Terms and Conditions applicable at the point of application for the above account, which also prevents us from issuing any Notices of Variations applicable.
    Please find enclosed a copy of the application, Terms and Conditions of Insurance. we are also enclosing a signed statement of account showing: the state of the account; the amount currently payable by you; and the basis on which any subsequent payments would become payable.These documents form the executed agreement between you and American Express.
    Whilst we no longer hold the original Terms and Conditions for your American Express Credit Card on file, this does not prevent us from seeking any funds outstanding from you.There can be no argument that such a contract ever existed, as you have used your American Express Credit Card and incurred expenditure on it since the account was opened on
    When the original Card was sent to you, it would have been sent containing the Terms and Conditions of the account. .It would have clearly stated that you should only sign and use the Card if you have agreed to be bound y the Terms and Conditions of the account.Furthermore, you would have been sent updated Terms and Conditions with each renewal card and in addition if any amendment had been made a Notice of Variation would have been sent'
    A separate letter received in the same envelope states.(relevant bits only)
    We enclose a copy of the executed agreement, and the Terms and Conditions of insurance referred to within.
    We also enclose a copy of the latest notice of variation relating to each term of the agreement which has been varied.
    As at the date of this letter
    Your account is in debit to the amount of
    The amount currently payable by you is
    If you do not draw further on the account then you will have to pay us arrears due of




    Last edited by nightwatch; 13th February 2019, 20:01.

  • #2
    Originally posted by laidback View Post
    I posted originally on the Welcome Forum a couple of days ago and Tech Clark has suggested I start diaries as appropriate. First diary is for :

    AMERICAN EXPRESS
    Account opened: 2000
    Current balance: Approx 5500
    Current Status: Default
    Debt Currently owned b:y Allied International Credit, Glasgow
    Current position: Last contractual payment made to American Express June 2007.Started making regular payments via DMP August 2007. DMP company taken over in 2018 so decided to go self managed instead. Last payment sent via self managed DMP 25 Jan 2019. Unlikely to send next payment due to developments below.
    January 2019: Decided to get life back and sent CCA request to Allied Int. Reply received from American Express enclosing copy of application form, and two letters which I've copied below (less the personal details). These letters, together with Tech Clerk's and my responses, also appear on my Welcome thread posts of two days ago if anyone wishes to refer to them. Tech clerk has advised me to
    send the agreement form to the Webmaster address for examination and I will update this thread as soon as I have done that.
    I will start diaries for the other alleged debts as and when I receive responses to my CCA requests, or alternatively when payment demands come in.
    Copies of American Express letters
    'We write to inform you that, regrettably, we are no longer able to provide the original Terms and Conditions applicable at the point of application for the above account, which also prevents us from issuing any Notices of Variations applicable.
    Please find enclosed a copy of the application, Terms and Conditions of Insurance. we are also enclosing a signed statement of account showing: the state of the account; the amount currently payable by you; and the basis on which any subsequent payments would become payable.These documents form the executed agreement between you and American Express.
    Whilst we no longer hold the original Terms and Conditions for your American Express Credit Card on file, this does not prevent us from seeking any funds outstanding from you.There can be no argument that such a contract ever existed, as you have used your American Express Credit Card and incurred expenditure on it since the account was opened on
    When the original Card was sent to you, it would have been sent containing the Terms and Conditions of the account. .It would have clearly stated that you should only sign and use the Card if you have agreed to be bound y the Terms and Conditions of the account.Furthermore, you would have been sent updated Terms and Conditions with each renewal card and in addition if any amendment had been made a Notice of Variation would have been sent'
    A separate letter received in the same envelope states.(relevant bits only)
    We enclose a copy of the executed agreement, and the Terms and Conditions of insurance referred to within.
    We also enclose a copy of the latest notice of variation relating to each term of the agreement which has been varied.
    As at the date of this letter
    Your account is in debit to the amount of
    The amount currently payable by you is
    If you do not draw further on the account then you will have to pay us arrears due of



    Just a quick update: I've e mailed the agreement form to the Webmaster address and Niddy has said that, on the basis of what he's received from me, it's unenforceable. The reply came from a different address and I've sent enclosures from American Express, as requested by Niddy (to that address), so that, hopefully, he will be able to confirm that.

    Comment


    • #3
      Originally posted by laidback View Post

      Just a quick update: I've e mailed the agreement form to the Webmaster address and Niddy has said that, on the basis of what he's received from me, it's unenforceable. The reply came from a different address and I've sent enclosures from American Express, as requested by Niddy (to that address), so that, hopefully, he will be able to confirm that.

      Hello

      Good to see that your American Express account is looking unenforceable. Are you still paying them now that you've left your DMP to become self-managed, or have you stopped paying because the debt is unenforceable?

      You've spent eleven long years in a DMP so I can see how you now feel the need to move on with your life. This forum can help you with that.

      It'll be easier to give guidance if you list each of your debts in a separate post using this format (below) because then you'll get individual help based on the 'personalities' of the debt owners and collectors who behave in their own unique way >


      Please provide the following information for each account:
      • Type of account (credit card/loan/overdraft)
      • Date commenced (ideally before April 2007)
      • Approx balance
      • Date last paid (approximate date you last made a FULL payment)
      • Are you on arrangement or not paying
      • Status (default/in arrears/up-to-date)
      • Account owner (who is writing to you, a DCA or the lender or a debt purchaser)

      I look forward to helping you.

      Di
      Legal Disclaimer

      I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

      Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

      Comment

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