AMEX credit card

[jon1965]

Well I had and amex nectar credit card and it went into my DMP. Defaulted in 2007 with a DN that cloggy said only a colonial could write:tinysmile_twink_t2:
When I started the UE journey I did a CCA request to UCA and finally got this back
Amex agreement edited.pdf

I sent a few letters off saying what is this etc , had one back from Amex saying it was an online application form and therefore enforceable and then another one saying that where I had signed it said "this is regulated by the CCA1974 sign only if you want to be bound "etc.

All went quiet for a year until now. They have asked moorcrap to collect and moorcrap wrote to me saying pay up blah blah and that Amex had registered a default which could damage my credit rating boohoo.

I have written back (not posted yet) saying that it S78 wasn't fulfilled and that even if it had been what they sent didn't satisfy S61 . I also added that a default was added in 2007 so if they even entertained adding a new one the ICO would be knocked off their feet by the speed of the complaint.

Is there owt else I could/should/shouldn't do?

[FlamingParrot]

Re: AMEX credit card

I sent a few letters off saying what is this etc , had one back from Amex saying it was an online application form and therefore enforceable and then another one saying that where I had signed it said "this is regulated by the CCA1974 sign only if you want to be bound "etc.

From what you have attached, it was an internet application from November 2005, when a tick box would have been as good as a signature, starting in January 2005.

All went quiet for a year until now. They have asked moorcrap to collect and moorcrap wrote to me saying pay up blah blah and that Amex had registered a default which could damage my credit rating boohoo.

I have written back (not posted yet) saying that it S78 wasn't fulfilled and that even if it had been what they sent didn't satisfy S61 . I also added that a default was added in 2007 so if they even entertained adding a new one the ICO would be knocked off their feet by the speed of the complaint.

Is there owt else I could/should/shouldn't do?

Unless Cloggy comes up with one of his gems, I'd say, in view of the above, not that much, since you would have ticked the infamous box agreeing to the terms in 2005. I think I'd seen this before, still intrigued by the Canadian connection. :noidea:

[jon1965]

Re: AMEX credit card

Yes you have seen it before. That was a response to a s78 request . One set of T&C's no statement of account. That is probably a copy of my details as it does include accurate info . I have no idea where the Canadian intranet came from

[jon1965]

Re: AMEX credit card

What a surprise
Today I had my first AMEX credit card statement in , well I don't know how long. All a bit odd, credit limit 0 but still an interest rate, all other letters say the account is cancelled.
Seems they are crawling out of the woodwork now.

[jon1965]

Re: AMEX credit card

Well now had a letter off Amex saying they take complaints very seriously and will fully investigate.....watch this space

[jon1965]

Re: AMEX credit card

Well had a final response from Amex, full of the usual crap saying it can not be disputed.
I did drop a bit of a bollock when I sent my letter , I gave the right dates for sending my CCA request and receiving something back but I put the wrong year lol

Anyway they maintain that they have complied with my data request and I need to pay and they havn't upheld my complaint (wasn't a complaint really just a letter to moorcrap saying they did not fulfill my S78 request)

Anyway as I have had no proper default notice ..I mean not even a bad S87 DN just a letter saying that this was a default notice and no real reply to my CCA request I am just going to ignore and see what they do.

As Cloggy would say...they are colonials

[jon1965]

Re: AMEX credit card

Well they have now passed it to UCA who have had it before. I am not sure I can be bothered with them anymore

Bring it on if you think you can win...that might be my next and last letter and use cloggys favourite quote of Arkell v Pressdram

[CleverClogs]

Re: AMEX credit card

Did they send any more Terms and Conditions, or was that single sheet all they sent?

[jon1965]

Re: AMEX credit card

Yes here they are.
In further communication they refer to the online application form and the box that says this is a credit agreement blah blah that I would have signed.
There is no DN, you have seen that in the defaults section OTR
What is in post 1 and these two attachments are all they have sent in relation to the CCA request which they insist on calling a data request although they have just recently started sending statements

1.pdf2..pdf

[jon1965]

Re: AMEX credit card

Well I await with interest as it seems UCA no longer appear on the CCL of NCO Europe who are also RMA resolve.

Is it any wonder that people get confused when so many trading names appear under one CCL

[CleverClogs]

Re: AMEX credit card

RMA resolve.

They sound like a cure for constipation. :grin:

[jon1965]

Re: AMEX credit card

They sound like a cure for constipation. :grin:

Not something that you will ever need eh Cloggy

[jon1965]

Re: AMEX credit card

Well this raises it's ugly head again.

After being told that UCA were dealing with it I have had a letter from RMA demanding full payment
A couple of questions I have are
Is it fair for a DCA to swap and change their letter head without explanation in order to give their claim more weight?

The document that they call an application form is in reality just a digital record of the info that I may have supplied (but could have been found from other sources such as info held by Nectar) and even though it is on line application there is zero evidence of me having signed it in any way (tick box, writing my name etc etc)

The rate of interest is a PT , is that the flat rate or the APR? Also where in mentions cash advances the APR varies depending on the credit limit which at that time no one would have known

It all seems the most confusing S78 response I have ever seen

[jon1965]

Re: AMEX credit card

Well I have had a final response (sans the FOS leaflet)
They claim it is enforceable and that if I write again they will read and file but not reply.
They also sent me another "copy" of my terms but from May 2005 and not Nov 2005

My issues are
1) It is a list of data that yes is mine but there is nothing to demonstrate that I signed anything, no tick box, no IP address , in fact bugger all
2) The T&C's they sent are obviously not the ones I could have seen online as there is a bloody big box for my signature , there is also their name and address but nothing of mine
3) There are default fees of Ł20 and as I did not default until 2007 there should be some T&C's that are Ł12 , so no default T&C's
4) No statement saying how much I owe
5) In their final response there is no FOS leaflet

They have basically said it is pointless writing back.
Now I do like causing trouble (hard as that is to believe) but my gut says keep quiet on this one because if I make a complaint to the FOS they could just get their act together and send everything although the FCA book says they should be admitting it is UE due to a failure of S78

It seems they just do not understand S78

Anyone got any thoughts?

[Mr $quandaŁot]

Re: AMEX credit card

Complaining to FOS is pretty pointless and you won't be doing yourself any favours. They will probably say that you should pay or something like that!