Urgent advice needed

[Amethyst]

Re: Urgent advice needed

They become unenforceable while they remain in default of your request. They can correct it at any time though, but it will give you some breathing space to make F&F offers if you wanted/were able.

The debts remain, and they can take court action, but they can't obtain judgment without complying with your requests. You can stop paying, or make F&F offers on them, but they can still chase you for payment.

If they supply the agreements you can then check them over to see if they are compliant. If they aren't you could argue the agreement is iredeemably unenforceable - ie that at the time you signed it it didn't comply with the regulations ( missing prescribed terms etc ) and stop paying. There are also other documents they would have to produce and evidence if they went to court - such as notice of assignment/ deed of assignment - to show they have the legal right to the debt - also any default notices - which need to comply with regulations as well. You can also look at unfair terms, misselling etc.

Are all of the debts credit cards and loans , or do you have things like overdrafts / mobile phone contracts in there?

Did Di already ask you about any PPI on anything?

[73061]

Re: Urgent advice needed

They are all credit cards.

[73061]

Re: Urgent advice needed

If they were to accept f and f surely they canot chase me for the outstanding balance can they.

[MIKE770]

Re: Urgent advice needed

that would be incorporated within the final F/F that not sell on

[Amethyst]

Re: Urgent advice needed

If they were to accept f and f surely they canot chase me for the outstanding balance can they.

No if they accept F&F that's the end of it.

[73061]

Re: Urgent advice needed

Many thanks for your time and advice.

[73061]

Re: Urgent advice needed

I have decided to write to the creditors and explain my situation with an offer of 10p in the pound.
If i do not anywhere with this i will just carry on with my dmp with Paylan unti i die.

[73061]

I sent all my creditors a cca request and the result is only one have supplied the paperwork AMEX.
Ten creditors have stated they cannot supply the paperwork and are unenforceable.
Lowell have written off the debt.
I have sent an SAR to amex and they have not replied after 6 weeks.
The paperwork received from AMEX....how do i know it is genuine?

[Amethyst]

Post a copy ( suitably redacted ) ?

Not bad going if Amex are the only one to comply with your CCA requests - is the debt still with Amex it has it been assigned to a debt company ? Still being paid in your DMP ?

[73061]

The Amex debt is with NCO EUROPE but the cca was sent direct to Amex who sent me a pile of photocopies.
I have had no contact with NCO and i stopped payments to all creditors 6 weeks ago.
All creditors apart from Amex have stated they do not have the paperwork and is unenforceable.
Lowell have written off the debt in full.
I informed Payplan that i was making cca requests and they have removed the Lowell debt.e
I am not sure what to do about Payplan.
Since sending in the cca requests the creditors have been very quiete apart from informing me that they are unenforceable.

I have tried to upload the Amex documentation but it tells me i am exceeding the limit? It is about 30 pages.

[Amethyst]

So it's not just the front sheet then.... feel free to email it to me - admin@legalbeagles.info - if it's on a PDF = otherwise only really need the main page titled Credit Agreement ....

NCO will be acting for Amex I think, as opposed to having purchased the debt off of Amex.

[73061]

Many thanks for your help.

I have sent the credit agreement to your email address.

[Amethyst]

Thank you - did you blank out signature ?
It doesn't contain your name / address just says 'card member '. Otherwise it looks fine.
Did Amex send statements at all ( did this come from a SAR or the CCA request ? If CCA might be worth doing the SAR to check amounts / dates etc )
As you've got payplsn to remove creditors from the dmp have they adjusted the pro rata amounts paid to those remaining ( so you're still paying 120 but it's shared between, well, just Amex now ?)

[73061]

I have sent an SAR to amex and they have not replied after 6 weeks.ould

I was thinking of just sending monthly payments direct to Amex and getting rid of Payplan?

Do you think it would be a good idea to offer a full and final to Amex and how much should i offer.

Thanks.