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Hello, and help with CCA's please

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  • Hello, and help with CCA's please

    Hi - Just joined today, but I'll try not waffle too much before getting to the point. I will be very grateful for any replies and I will respond as soon as possible to any received. Please accept my apologies if this takes a few days as, like most of you no doubt, I have many commitments.

    Right - I have 11 credit card balances and one bank loan, all of them relating to agreements signed prior to 2007, which was the last time I madel payments to the original creditors as per their original terms.I've been on a DMP since then, making regular payments, but the DMP company was taken over by another one last year so I decided to go down the self managed route.After Christmas, knowing that this could go on for years,I did some serious internet searching and found some very helpful posts on the Debt Camel website.One of these directed me towards the template letters on the National Debtline website, so over a 3 week period in January I sent CCA letters in accordance with their directions to the people now running my debts.Since then I've re -read the Debt Cam posts and one of them mentioned your site, so hear I am.

    Having had a look round your site my idea was to have a look at the responses from the companies concerned as they came in and post any queries as soon as I had them, rather than waiting until I'd been overwhelmed by replies.As it turns out, of the first batch of 5 letters, which would have been received more than three weeks ago, I have not even received an acknowledgement in respect m two of them. Of the other three, two of them have advised that they have requested the information from the original creditor. I've now stopped payment, at least temporarily, on one of these, as they also advised that 'collection activity was on hold'.

    The fifth letter is the interesting one. It refers to an American Express credit card on which there is approximately 5000 outstanding. The debt is now owned by Allied International Credit and they duly acknowledged my request, which they advised had been passed to American Express. American Express themselves then wrote to me a fortnight later with a copy of the original agreement form, together with the following letter (obviously I've left out the personal bits)

    '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


    Obviously I'm hoping that this means that what they're really saying is that the agreement isn't enforceable but we're hoping you think it is, but I really would be grateful for any comments or advice.Thank you very much in advance.

  • #2
    start a diary for each alledged debt and up date each individual, have you got CCA for each one?

    next send copy of CCA to webmaster@all-about-debt.co.uk f& refer to your thread of each one for checking see if enforceable or not, we will need your diary as many different cases it seems then confusion can be kept to minimum , welcome by the way, look around and you will see others with similar problems or had,, each one give full details as to when took out / with whom/ last payment/ default date & any payments
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Hi Tech Clerk. No, I've only had one CCA back so far, but I only started asking for them less than a month ago. That CCA was from American Express, who sent a one page agreement form and the two letters which I copied in my previous post and which were the reason I started this thread.

      I'll start a diary thread as you suggest for American Express as soon as I can, and will also send a copy of the CCA to the above address.

      If you re-read the letter from American Express (it starts at paragraph 5 in my post above) you'll see they aren't able to provide the terms and conditions which applied at the time I opened the account - doesn't that in itself make the agreement unenforceable?

      Further down in that letter they do mention enclosing the Terms and Conditions of insurance, but that's not the same as The Terms and Conditions which applied when I opened my account (which they have already stated they can't provide), is it? I can send these terms and conditions of insurance if you wish, but they run to 20 pages and I thought that rather than being relevant, they were trying to muddy the waters with them.

      I'll start a diary thread for each of the others as and when their CCAs come in or, if they don't come in, when the threatening letters start arriving after I stop paying.

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      • #4
        they may have problems - keep diary and do not tell them any mistakes etc see how it pans out , get the CCa off soon to webmaster
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment

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