Help and Advice Please

[Dave1919]

Hello I'm new on here so be gentle with me.

I am being hounded by a DCA called AIC. Phone calls day and night, sometimes up to four per day.

I had two accounts with AMEX. A Charge Card and a Credit Card.

I had a dispute with AMEX over the Charge Card (an account which I had already closed with them) and the Credit Card had never been in default.

It now seems that AMEX have passed both accounts over to AIC and they are chasing the full amounts on both. The ironic thing is that I was going to settle the charge card with AMEX prior to them being passed over - However I cannot afford to settle both accounts in full.

The initial course of action I intend to take is to write to them asking to them to provide copies of the original credit agreements so as to identify if the debts are actually enforcable by them.

As there are two A/Cs will I need to include £2.00 or £1.00 to cover the CCA's?

I would also appreciate any advice as to what (if anything) I can do to stop these damn phone calls.

Any key points I should include in the letter and weather I should sign it or not would be greatly appreciated also.

The othe question I have is - Is the CCA request a "Prove It" letter or should I be sending one of those first?

I'm lost to be honest!!

Thanks in advance.

[Amethyst]

Re: Help and Advice Please

We had AIC not so long ago, have just completed a F&F settlement of 35% with them, although I think it was for a MINT card rather than Amex and we had been on £20 a month for about a year before they accepted the 35%.

Prior to that we had entered our IE and were paying something like £20 a month off a £10k debt.

I know that's probably not the way you want to go but might be helpful to know later on.

For CCA requests on two accounts you will need £2.00 - one per account.

Have a look at the telephone harrassment letter - ask for all contact in writing. I agree the phone calls are a pain in the butt, and they text you as well which is annoying.

I'd send the CCA request to Amex personally if you actually want the agreements to check through. The prove it letter can go to AIC to check they have the right to collect on the debt etc - it may end up they pass it back to Amex to deal with.

I think rather than going down the CCA route you might be better served whilst waiting for the documents looking at the disputes you have with Amex. The charge card was a closed account ? if so did it have a balance on it and where were you with regards paying it off ? And if there were no arrears on the credit card how have they defaulted you ? That dispute/complaint will get it sent back to Amex and you can go through Amex's complaints procedure to resolve those issues and get the account back on track if that is what you want to do. I do think we need a bit more info what has actually happened to be able to help properly.

[Dave1919]

Re: Help and Advice Please

Hi and thanks for your prompt reply.

I have tried to speak with AMEX Directly, however every time I enter my A/C no on their system I get directed to someone in Malaysia who just says the accounts have been passed to AIC for collection.

I have discovered that the Credit Card a/c which was not in default has been sent to AIC simply because the charge card was in default. It seems if you are in disagreement with them over one account then they send all of them to AIC regardless of history. I would have thought I may have a comback there.

I phoned AMEX to close my Charge card A/C in March to avoid paying the annual fee as I hardly used the account. At the time there was a balance on the account which I offered to pay off. They said they had already recieved ful payment by DD. so I left it at that. The next thing I have AMEX on the phone demanding payment for the Charge Card balance.

I am at fault for not sorting this out promptly - however it now looks like I am stuck with dealing with AIC. I'm just wondering what would be the best course of action from my point.

Thanks again

[Caspar]

Re: Help and Advice Please

Have a read of this:

Dealing with DCA's - Legal Beagles Consumer Forum

It should give you a big help!

[Dave1919]

Re: Help and Advice Please

Just an update on the above situation.

I sent a recorded letter to AIC 6 weeks ago requesting a full CCA for both accounts. Until yesterday I heard absolutely nothing.

Had a phone call this morning from a Leeds based company called Newman. It either appears that AIC have passed / sold the accounts over to Newman or Amex and they have re-assigned the debts.

I told the guy from Newman that I would not enter into any conversation over the phone with his company and to put everything in writing to me.

This morning I received a letter from Newman demanding payment of the accounts.

As far as I am aware the accouts are in dispute as AIC have not complied with my original CCA request and therefore Newman are unable to pursue the accounts. Can anyone advise me that my assumptions are correct? Also what steps to take next.

Thanks in advance.

[Caspar]

Re: Help and Advice Please

Unfortunately I think you'll find they're within their rights to do this. I say this on the basis of another poster on this site who had a similar situation, it went to the FOS who basically said they do not like DCA's or other organisations doing this, but it is not illegal to do so.

[CleverClogs]

Re: Help and Advice Please

As far as I am aware the accouts are in dispute as AIC have not complied with my original CCA request and therefore Newman are unable to pursue the accounts. Can anyone advise me that my assumptions are correct? Also what steps to take next.

Sue AIC for your £2 back.

[Dave1919]

Re: Help and Advice Please

Cheers CC

So would the best option be to request CCA'S from Newman then? Or send the "Bewildered letter" a copy of which I have posted below. Thanks again in advance


[FONT='Verdana','sans-serif']ACCOUNTS IN DISPUTE[/FONT]
[FONT='Verdana','sans-serif']
Dear Sir or Madam,

I must admit that I am rather bemused as to why these accounts have been passed to yourselves, as they are in dispute with AIC DCA and have been since 6th July 2011.
Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.[/FONT]
[FONT='Verdana','sans-serif']I requested a copy of the original CCA for each account on 6th July 2011 from AIC and I am still awaiting their compliance with this request.

As AIC are now in default of my Consumer Credit Act request, and have also breached section 10 of the Data Protection Act , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under section 127, this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that these accounts are returned to AIC for resolution of these defaults and breaches, as Newman cannot lawfully pursue any enforcement activities.

If Newman chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.[/FONT]
[FONT='Verdana','sans-serif']
I look forward to hearing from you in writing.[/FONT]
[FONT='Verdana','sans-serif']

Yours faithfully[/FONT]

[Dave1919]

Re: Help and Advice Please

Just received two more letters from NEWMAN this morning. Both are the same as listed below:

Dear Mr XXXXXX

We regret to note the absence of a reply to our previous letter.

YOU HAVE 48 HOURS TO RESPOND AND AVOID ANY FURTHER ACTION.

Please note this matter could be passed to a field agent who will call at your home personally requesting payment. To avoid this telephone us today.

Yours Sincerely

Newman & Co.





Anyone give me some advice please???

[SpringerSpaniel]

Re: Help and Advice Please

I would send a letter reiterating that you only accept communication in writing and a Notice Revoking Implied Permission to call at your home - there is an excellent example on another thread.

[Dave1919]

Re: Help and Advice Please

Thanks for your reply

Would I be correct in assuming that since AIC have failed to comply with my previous CCA request - then the account is officially "In Dispute" ?

If so do Newman have the right to chase this account?

[Caspar]

Re: Help and Advice Please

I think what you have received above is a standard threatogram. I would not worry too much. They can only visit you if they have made a prior appointment and are highly unlikely to in any case.

If they have not complied with your CCA request they are not in dispute in the eyes of a court, but most DCA's accept that if they do not comply with the request you are likely to claim it is in dispute and withold payment until such time as they do comply.

Going back to the above letter, the giveaway it is a threat is the phrase, "Please note this matter could be passed........"

Words such as could, might, may etc... are pretty innocuous. When they start saying we will do x,y, and z then you would be more inclined to respond.

In the link I provided above there is a letter for placing the account in dispute which you may wish to send.

[mr.ton]

Re: Help and Advice Please

Just received two more letters from NEWMAN this morning. Both are the same as listed below:

Dear Mr XXXXXX

We regret to note the absence of a reply to our previous letter.

YOU HAVE 48 HOURS TO RESPOND AND AVOID ANY FURTHER ACTION.

Please note this matter could be passed to a field agent who will call at your home personally requesting payment. To avoid this telephone us today.

Yours Sincerely

Newman & Co.





Anyone give me some advice please???

Yes - don't be putting the kettle on just yet.
In the unlikely event anyone knocks, tell them to go away and shut door in their face.

[CleverClogs]

Re: Help and Advice Please

Just received two more letters from NEWMAN this morning. Both are the same as listed below:

Dear Mr XXXXXX

We regret to note the absence of a reply to our previous letter.

YOU HAVE 48 HOURS TO RESPOND AND AVOID ANY FURTHER ACTION.

Please note this matter could be passed to a field agent who will call at your home personally requesting payment. To avoid this telephone us today.

Yours Sincerely

Newman & Co.

Could.

One might be tempted to reply, in writing, stating that any field agent they send could suffer loss of limb or worse, if they were to fall into a piranha-filled moat surrounding your property and that, should they suffer such a fate, you could not be held responsible.

Of course, that rather assumes that your moat is not stocked with ravenous piranha fish. It's not, is it?