Welcome to Chalkitup

[diddlydee]

Re: Welcome to Chalkitup

Shucks Chalkitup, I missed out on saying "welcome" to you, so WELCOME!
Apologies for my lateness - I'll try to be more timely next time!

I've heard Niddy say it before, so I know it's correct - the only people to whom you NEED to supply an I&E list to are the courts - anyone else can go shove their heads up their arses (well I think that's what Niddy said!)

All the best for fighting your corner, Chalky

Regards,

Diddly

[Chalkitup]

Re: Welcome to Chalkitup

Hi diddlydee,

Thank you for the welcome .....

And thank you for the info ..... I will write and tell the nice DCA lady what to do with her head.

[Chalkitup]

Hello All,
Not posted for ages but log in most days!
Probably not the correct place but a quick question.
Not received any DCA letters for years and suddenly American Express sent a letter asking me to contact them if I would like a 70% reduction to settle debt.
Last contact I made to them was a complaint letter in April 2013 and last payment I made was in February 2010.
Shall I just file and wait for next letter from them or shall I send them the Statute Barred letter?
Thank you,

Onwards and Upwards

Chalkitup

[Joanna Connolly Solicitors]

suddenly American Express sent a letter asking me to contact them if I would like a 70% reduction to settle debt.
Last contact I made to them was a complaint letter in April 2013 and last payment I made was in February 2010.
Shall I just file and wait for next letter from them or shall I send them the Statute Barred letter?

Hello

When was the account defaulted?

What was the complaint about in 2013, and when was it finally resolved (or not) in case that exchange of correspondence counts as acknowledging the debt for Statute Barred purposes?

Di

[Chalkitup]

Hello Di,
Thank you for reply.
February 2007 I received letter from Amex saying account cancelled and they will register the fact I am in default 28 days later with CRAs.
Two letters I sent in April 2013 --- address change letter to Amex ----- and complaint letter to Transcom (who were then dealing with the debt) regarding address change, account in dispute as incorrect docs sent to me after a CCA request, awaiting docs from SAR and in writing only request to them. Transcom took no notice of letter and just passed it to AMEX who sent a final reply to me in June 2013 saying all issues not upheld and not aware of any dispute with account. Their usual response at the time basically.

[Joanna Connolly Solicitors]

Hello Di,
Thank you for reply.
February 2007 I received letter from Amex saying account cancelled and they will register the fact I am in default 28 days later with CRAs.
Two letters I sent in April 2013 --- address change letter to Amex ----- and complaint letter to Transcom (who were then dealing with the debt) regarding address change, account in dispute as incorrect docs sent to me after a CCA request, awaiting docs from SAR and in writing only request to them. Transcom took no notice of letter and just passed it to AMEX who sent a final reply to me in June 2013 saying all issues not upheld and not aware of any dispute with account.

From what you say this debt was last acknowledged by you in writing in April 2013 (change of address) so is probably Statute Barred now (assuming you live in England or Wales not Scotland).

I'm surprised to see American Express did not assign the account to a debt purchaser, but are writing to you over six years later.

What happened between 2007 (account cancellation) and 2013 (your complaint)?

I wouldn't send them anything in response to their letter just to be safe.

Di

[Chalkitup]

Hi Di,
Answers to your questions are:
Live in England.
2007 Amex cancelled card
RMA Resolve (Amex inhouse DCA) I paid for approx four months
11/06 Started CCCS DMP and CCCS shut it in 03/10 because I had lack of funds
05/10 I sent CCA request
06/10 Moorcroft threat letters arrive daily
08/10 CCA answer from AMEX - They sent application for completely wrong card - it was another Amex card I use to have years previous
01/11 SRJ Debt Recoveries letters start
11/11 Vilcollections letters start
10/12 Transcom letters start
04/13 My address change and complaints letter sent
From 03/14 to 07/16 Amex send monthly statements and the occasional settlement offer letter plus lots of phone calls from their Indian call center but I refused to answer security questions and said everything in writing

**** 10/14 I received a weird letter from Amex thanking me for my phone call on ??/09/14 and sorry I have to make a complaint?? This is rubbish as I have a recording by Truecall of a phone call received on that date which shows the lady phoned me and I refused security questions and said everything in writing plus remove my phone number from your database and call ended. But a following letter from Amex then says they have agreed with me and given me a £50 credit to account by way of apology. Being the way I am I immediately thought they are paying £50 in to the account and later they might say I paid it hence acknowledging the account. Then I thought they want me to contact them hence acknowledging account so I did not phone or write to them over the matter. My last written contact with Amex is still April 2013!! ****

03/19 Amex sent a statement to me for some reason
05/19 to 11/19 Amex Indian call center phone many times but I refuse to answer security and say all in writing
01/20 The latest settlement offer letter arrives

[Joanna Connolly Solicitors]

I’ll take a look at that tomorrow, but Amex was a charge card not a credit card.

I note you said earlier that you had two cards with Amex, so was this one of their dual card memberships?

Was anyone an Additional Cardholder on either?

Di

[Chalkitup]

The card in question was a credit card
I did have two charge cards as well but no debt involved obviously so just handed them back
No additional cardholder on any

[Joanna Connolly Solicitors]

Hi Di,
Answers to your questions are:
Live in England.
2007 Amex cancelled card
RMA Resolve (Amex inhouse DCA) I paid for approx four months
11/06 Started CCCS DMP and CCCS shut it in 03/10 because I had lack of funds
05/10 I sent CCA request
06/10 Moorcroft threat letters arrive daily
08/10 CCA answer from AMEX - They sent application for completely wrong card - it was another Amex card I use to have years previous
01/11 SRJ Debt Recoveries letters start
11/11 Vilcollections letters start
10/12 Transcom letters start
04/13 My address change and complaints letter sent
From 03/14 to 07/16 Amex send monthly statements and the occasional settlement offer letter plus lots of phone calls from their Indian call center but I refused to answer security questions and said everything in writing

**** 10/14 I received a weird letter from Amex thanking me for my phone call on ??/09/14 and sorry I have to make a complaint?? This is rubbish as I have a recording by Truecall of a phone call received on that date which shows the lady phoned me and I refused security questions and said everything in writing plus remove my phone number from your database and call ended. But a following letter from Amex then says they have agreed with me and given me a £50 credit to account by way of apology. Being the way I am I immediately thought they are paying £50 in to the account and later they might say I paid it hence acknowledging the account. Then I thought they want me to contact them hence acknowledging account so I did not phone or write to them over the matter. My last written contact with Amex is still April 2013!! ****

03/19 Amex sent a statement to me for some reason
05/19 to 11/19 Amex Indian call center phone many times but I refuse to answer security and say all in writing
01/20 The latest settlement offer letter arrives

I've now read all that

It does seem that your last interaction with Amex was your complaint and change of address in April 2013 meaning the account should now be Statute Barred.

However, I'm curious about the statement which Amex sent you in March 2019. Does it show the account terminated or live even if the card was cancelled and the facility removed in 2007?

Did you ever receive a Default Notice along the line. This account isn't on your CRA file (have I got that right?) so that suggests any Default was registered more than six years ago so the entry has now vanished.

You say they didn't comply with your s77-79 CCA Request in 2010 (because they sent you the wrong credit agreement) so it should be unenforceable even if it isn't SB!

Whatever the situation, there's no need to respond to their settlement offer letter.

Di

[Chalkitup]

Hello Di,

March 2019 statement (as all statements sent after cancellation letter from them) says on it "Your account is cancelled and been referred to a collections agency".

Letter headed "Default Notice Served Under Section 87(1) Of The Consumer Credit Act 1974" received Jan 07.

Account not on CRA file.

Thank you very much for all your help and I will sit back and await their next move!