Chalkitup v American Express and various DCA's

[Chalkitup]

Hello All,

Starting a thread for my dealings regarding American Express Credit Card so will give the background info as might be relevant and I need advice at the end!

2006 - Ran into financial difficulties - started Debt Management Plan with CCCS - Paid monthly way over what I could really afford as was scared by all the threats etc that I received from creditors / DCA's

2007 - started CCA requests to a few "difficult" creditors

2007 to Feb 2010 - got some creditors removed from my CCCS DMP because they did not comply to CCA requests

Feb 2010 - Big bust up with CCCS as they refused to remove creditors from DMP any more even if they sent nothing in response to CCA request - I went through annual CCCS review and as it happens I did not have enough cash left over each month to pay creditors even £5 each (CCCS told me the minimum they allow) - CCCS stopped my DMP because of this!

Now dealing with "lots" of original creditors and DCA's.


-- American Express Credit Card ....

Amex have already sent me some years ago an invalid DN and they added what they called a collection fee of over £500 to the account a few years back also.

Been paying them in my CCCS DMP which finished Feb 2010 ...

Received lots of phone calls and letters from RMA Resolve DCA ....

May 2010 - I sent CCA request to RMA

More phone calls from RMA Resolve in which they never mention the CCA request

02/06/10 - I receive letter from RMA saying ""In order to allow us to prepare the information requested we would be grateful if you allow 12 days from the date of this letter" plus they kept my postal order payment and told me they will provide me with a signed credit agreement as requested.

The CCA request 12 + 2 days was up on 09/06/10

HOWEVER ...... on 07/06/10 ....... I receive the usual "even if it is not actually read by you" letter from Moorcroft dated 04/06/10 giving me until 11/06/10 to arrange payment for the same AMEX account that they (Moorcroft) have NOW been instructed to collect!!!!!!!!

Moorcroft start their phone calls to me

10/06/10 - I send in dispute letter to RMA as no response to CCA request and Formal Complaint "what is going on" letter to Moorcroft as RMA are meant to be dealing with account (as the RMA letters I have received show) - Both letters have been signed for as delivered

Not heard a thing from RMA re my letter they received on 11/06/10

Did not get a reply from Moorcroft re my complaint letter that they received also on 11/06/10 about why they are collecting the same account ......... but they still churned out the threatograms to me hence I resent complaint letter to Moorcroft at the end of July regarding some issues with what they have done ........ had a reply from them explaining that "in line with their Terms of agreement with American Express they have forwarded my complaints letter to American Express to investigate and I will have a reply from Amex in due course"??? .......... Ha Ha .... when did they ever bother about terms of agreement!!

How the hell can Amex answer my questions put to Moorcroft regarding what Moorcroft have done????


This week I received direct from American Express a response to CCA ...

A copy of Application Form from over twenty years ago that (surprise, surprise) has all prescribed terms and would pass as enforceable

Two generic sets of T&Cs ..... 2003 and 2005 ????? - none from when I applied and got the card??? - and neither set of T&Cs has my name or address printed anywhere!

**** BUT they have goofed ..... the Application Form is for a different credit card that I had with them and that was closed two years after opening ..... (and as such the interest figures are all incorrect anyway) plus the credit card they are chasing me on derives from a Pre-approved Application Form approx 9 years ago and I have a copy of it ... front and rear ....... no prescribed terms and only their address on the rear as it was a fold in two and send back to them type of mailer ....

So ...... what is my best move? ..... Keep quiet .... SAR them ..... ?????? .... your advice appreciated please.

[Amethyst]

Re: Chalkitup v American Express and various DCA's

Personally, I'd respond to them saying that that's the wrong one and asking for the right one.

[Chalkitup]

Re: Chalkitup v American Express and various DCA's

Personally, I'd respond to them saying that that's the wrong one and asking for the right one.

Hello Amethyst,

Thanks for that ...... I take it your reason being that I already have a copy and so it will be interesting to see what (if anything) they then send. Plus if it goes to court it will show that I am being more than helpful?

I will await Amex reply to my complaint and then depending on what that says I will reply saying exactly what you suggest and depending on what they then do I might SAR at that point.

How does that sound to you?

[Chalkitup]

Re: Chalkitup v American Express and various DCA's

Hello,

Has anyone recently sent a Subject Access Request to American Express (re - credit cards).

I have found two addresses (one from LB and one from CAG) and not sure which one to use:-

American Express Services LTD
PO Box 68
Brighton
BN2 1YL

American Services Europe Ltd
Data Protection Office
Dept 2007
Amex House
Edward Street
Brighton East Sussex
BN88 1AH

Anyone know which is the current address for their Data Controller?

[TUTTSI]

Re: Chalkitup v American Express and various DCA's

I have a feeling the ICO should have the names and addresses for the Data Controller.

Here -

Registration Number: Z9506892
Date Registered: 19 June 2006 Registration Expires: 18 June 2011

Data Controller: AMERICAN EXPRESS EUROPE LIMITED

Address:

AMEX HOUSE
EDWARD STREET
BRIGHTON
BN88 1AH

Hello,

Has anyone recently sent a Subject Access Request to American Express (re - credit cards).

I have found two addresses (one from LB and one from CAG) and not sure which one to use:-

American Express Services LTD
PO Box 68
Brighton
BN2 1YL

American Services Europe Ltd
Data Protection Office
Dept 2007
Amex House
Edward Street
Brighton East Sussex
BN88 1AH

Anyone know which is the current address for their Data Controller?

[Chalkitup]

Re: Chalkitup v American Express and various DCA's

Hello Tuttsi,

Yes, in the end that is the address I used.

I actually received my SAR response yesterday from American Express ....... a nice large package by special delivery ....... and thankfully they have not let me down ....... it actually includes documents that show that the application form and T&Cs they sent me in reply to my CCA request are most definitely for another card that I had with them that was closed by them over six years ago. And I now have the documents from them which backs that up!! Absolutely nothing in the SAR response for the card this thread is all about .... no application form / agreement / T&CS etc!

Should be interesting if / when this gets to court.