Amex/AIC - How far will this go?

[TUTTSI]

Re: Amex/AIC - How far will this go?

Hi Crispy

My oh has been passed backwards and forwards from Newmans and AIC and none of them know what they are doing. Sapphy is right, ignore them long enough and they will pass it back to Amex. He does not even engage in telephone conversation with them. They do not have a clue tbvh.

Tutts

[Crispybacon]

Re: Amex/AIC - How far will this go?

Thanks CB and TUTTSI

I thought it was normal, I know that Newmans are one of AMEX's usual DCA's from other posts I've seen.

I think I need to get hold of bank details for AMEX so I can pay them direct and then I don't need to engage with these goons at all other than 'I am paying AMEX directly all I can afford'.

I'm sure I saw these details on a recent statement they sent so I will dig it out. That'll thwart them as they won't even then be processing payments!

Thanks
Crispy

Fairly normal I'm afraid.

I would wait to see if Newmans contact you again, then fire off a Prove It.
Until they stick with what you are currently doing.

[Caspar]

Re: Amex/AIC - How far will this go?

I wold definitely stick to your guns. They are being unreasonable in my opinion as all the others have agreed to your DMP. Eventually they will pass it back to Amex - what else can they do if you just totally ignore them. They can't as I understand things take you to court as they don't own the debt.

[Crispybacon]

Re: Amex/AIC - How far will this go?

I wold definitely stick to your guns. They are being unreasonable in my opinion as all the others have agreed to your DMP. Eventually they will pass it back to Amex - what else can they do if you just totally ignore them. They can't as I understand things take you to court as they don't own the debt.

Thanks Casper

I just need to keep an eye on AIC that they actually transfer the payment that came out today (was too late to stop it) to AMEX.

It would not be the first time that they haven't passed on a payment.............

AMEX are being totally unreasonable. They are also my biggest creditor by a mile which may explain why. Not that this excuses the record 19 phone calls I received from them in a day (and averaged between 11-14 calls).

I am keeping making payments to them though in line with my DMP, it will be interesting to see what happens.

Best

Crispy

[paulb2905]

Re: Amex/AIC - How far will this go?

Think you may get some traction with the DMP if they are members of the Bankers Code - there was a case where MBNA refused to let a debtor enter into an IVA and insisted they enter a DMP.

The insolvency practitioner actually took MBNA to court - good on him!!! - on the basis that they are members of the voluntary code - unfortunately he didnt win but i think they tightened up the code after that.

Will rack my brains for the case and the code (may not be the Banking Code but something like this)

[Crispybacon]

Re: Amex/AIC - How far will this go?

Think you may get some traction with the DMP if they are members of the Bankers Code - there was a case where MBNA refused to let a debtor enter into an IVA and insisted they enter a DMP.

The insolvency practitioner actually took MBNA to court - good on him!!! - on the basis that they are members of the voluntary code - unfortunately he didnt win but i think they tightened up the code after that.

Will rack my brains for the case and the code (may not be the Banking Code but something like this)

Thanks Paul

That MBNA case - is it on a forum anywhere or on the web? I'd be interested to have a read as to what the circumstances were around that.

I'm banging heads with MBNA too (more to the point my OH is). They have admitted though to having an unenforceable agreement so I'm hoping to get some leverage over them with that.

They are getting their payments at the moment. TBH the behaviour of their DCA's (and some of the things I actually have in writing, e.g. refusing to inform AMEX that I was entering a DMP and passing on my offer of payment) would be enough to make them look very bad in court should things ever get to a CCJ point.

Best

Crispy

[paulb2905]

Re: Amex/AIC - How far will this go?

Its on the web, in baili too http://www.bailii.org/cgi-bin/markup...method=boolean here 8)

Didnt take long to get my brain working 8/

Its the British Bankers Association - they have guidelines - attached is their Voluntary Lending Code and Printed Advice for customers dealing with debt

[Crispybacon]

Re: Amex/AIC - How far will this go?

Its on the web, in baili too http://www.bailii.org/cgi-bin/markup...method=boolean here 8)

Didnt take long to get my brain working 8/

Its the British Bankers Association - they have guidelines - attached is their Voluntary Lending Code and Printed Advice for customers dealing with debt

Thanks Paul

I particularly like this section:

"Where a not-for-profit debt advice agency has formally notified a subscriber that the customer is in serious discussion with them on a draft debt repayment plan then the subscriber should suspend collections activity related to the customer’s current account, credit card and/or unsecured personal loan while these discussions continue, provided that they are concluded within 30 days."

I am sure that many of their members are confusing 'suspension of collection activity" with "escalation of collection activity".

LOL

Crispy

[Caspar]

Re: Amex/AIC - How far will this go?

I just need to keep an eye on AIC that they actually transfer the payment that came out today (was too late to stop it) to AMEX.

It would not be the first time that they haven't passed on a payment.............

Isn't this called theft?

[Crispybacon]

Re: Amex/AIC - How far will this go?

Isn't this called theft?

Thanks Casper

Its most definately a breach of OFT guidelines, for which they were reported, and from then they promptly paid AMEX.

Using multiple DCA's so that a debtor doesn't know who they should be dealing with is also against OFT guidelines. This never stops DCA's though it would seem.

Newmans are not going to get anything out of me as a result of this. AMEX can accept payments from me directly now. There is nothing to stop me paying directly into their account once I get their bank details (and I have these on one of my statements which allows me to make payments over the counter in my bank)

This will pretty much render Newmans impotent, other than sending out threatening letters, which will be ignored, save for my stock response of 'your client is receiving payments in line with my DMP'.

AMEX are going to either have to accept my DMP, or, take me to court and obtain a CCJ. Considering their agents completely unreasonable behaviour they are not going to come across very well if they choose to do that.........................

Best

Crispy

[The Debt Star]

Re: Amex/AIC - How far will this go?

Crisp, I like ya thinking dude. I reckon that tactic could be used anyway, even if a DCA are legitimately involved?

[The Debt Star]

Re: Amex/AIC - How far will this go?

anything to circumvent those scum I say.

amex are hardcore barstewards though aint they. in happier days i fired them and tried to pay my card off and it was almost impossible! they kept claimining none of my letters had arrived! seems credit card companies can just do what they like.

[Crispybacon]

Re: Amex/AIC - How far will this go?

anything to circumvent those scum I say.

amex are hardcore barstewards though aint they. in happier days i fired them and tried to pay my card off and it was almost impossible! they kept claimining none of my letters had arrived! seems credit card companies can just do what they like.

Thanks DS

I absolutely think it could be used regardless of the capacity of the DCA (unless I guess the debt has been 'sold') but in that case I would not give the DCA anything and would push hard for a F&F settlement figure.

I am nowhere near that stage with any of my creditors though.

As far as I'm concerned DCA's are an unnecessary link in the chain, and if Newmans behave like AIC, then its very likely that AMEX aren't even aware I am on a DMP.

All communication will be with AMEX direct to their customer services department (or complaints) now and they will get their payments directly. I am not going through their lapdogs any more.

If everyone did this, and refused to allow the DCA's to process payments they would be out of business pretty quick.

You're right though, AMEX have been complete pains.

They almost halved my credit limit a couple of years ago without informing me, the constant harrassment, the threats and intimidation, I have seen it all from AMEX.

I suspect that the aggression came from the fact they were almost going under themselves and were under orders to reduce the bad debt on their books.

I have had the 'we did not receive your letters too'. Funny how quickly they can backtrack when you tell them the letters were sent special delivery, and you have a copy of the signature of the person who signed for it in their post room.

Lies seem to come too easily unfortunately for them, as each one of these instances is documented and would add weight to their lack of integrity if things went to court.

All the best

Crispy