I received a letter today from ACI acting on behalf of Capquest,

original debtor Amex,

chasing a debt from over 20 years ago,

last correspondence around 15 years ago,

I am pretty confident it is SB.

I feel like I should send the SB letter as they're threatening a doorstep visit,

but I am unsure if I send it to Amex, Capquest or ACI, would anyone be able to clarify please?

Letter is attached (and redacted).

Thank you so much for your help.

AG

2025-09-19 ACI Verify for Capquest old Amex Card DEbt.pdf

It seems a few hundred people did the same.

After six months, nobody has heard from the company and nobody has received their product.

Clearly Amex and other card companies will have received many dozens of Chargeback or Section 75 claims by now

Amex have refused my claim as Kickstarter have stated I only paid to support a project and did not actually order a product. 

Is there a route to take this further?

It is clear that Kickstarter must have this happen on hundreds of occasions yet do not make it clear to first time users that payment for goods is not actually a payment for goods.

many 'projects' might well be fraudulent with no expectation from the seller to ever supply a project.

It must happen all the time and Kickstarter appear to be the means of enabling such frauds.

Short of closing my account with Amex, might it be worth threatening to sue Amex for failing to refund a section 75 and Kickstarter for failing to refund, or  just contact the Ombudsman. 

Any ideas on my next move?

I have being an Amex loyal card holder since 2015.

However due mental health issues and redundancy , I could not cope in paying the minimum amount.

Today the amount outstanding is 16k and they transferred the case to NCO.

I am up to date with other Natwest Credit Card and Loan  but as the minimum payment on my Amex was so high I could not pay it.

I am living on disability benefits and I cant keep paying all forever as still have two children, and my health might not improve and it is getting worse after 10 years with serious  Mental problems.

Strangely enough, last Christmas weekend I was contacted by a company named Marston Enforcement by text message on my phone and I dont have any CCJ/Court or other debits apart from the ones above.

Maybe is a scary tactic by NCO to scar me?

Questions :

1. Do you think a CCA will help my case 

2.I dont own anything car/property but my husband bought the property we live in before we got married and I never contributed to anything and he has a car (2015) that he is still paying but only on his name.

Do they can try to make make us sell any of the above?

3.Which advice you can give to me overall?

They state that she owes £3476.00p on the 20/10/22.

The letter also states the debt is being handled by Resolvecall and managed by them.

Resolvecall sent an early payment offer of £2085.84p on the 31/10/22.

And the Capquest sent another demand for £5596.76p on the 9/11/22.

In the meantime I sent both companies a request under the Consumer credit act which was ignored as they stated it is online fake news?

So I then applied for a SAR to both companies.

Resolvecall replied stating it was being referred back to Capquest as they held the original debt.

Capquest in return replied today asking for full details of

Full Name

1st Line of of current address

Postcode

Date of Birth

Last address provided to the credit card company.

The first 3 questions were already supplied as they addressed the letter to the above.

I am reluctant to provide any such information and refuse to sign anything.

Has anyone had dealings with these companies as another name of Arrow Global has appeared as well.

And do we have to give anymore information as we requested the SAR.

Thank you.   

1) I got locked out of my online banking due to roaming on Three for too long

2) Someone took a direct debit that I wasn't expecting from my current account in December 2021, so my direct debit to Amex bounced (bill was £261, but increased to £360 before being frozen).

3) I noticed a couple of months later and offered to pay the £261. However, i didn't actually get around to doing this.

4) Amex passed to Zinc, who emailed me various settlement offers over the last year and a half such as half price (£180). In July 2022 the account was put in default.

I also have an O2 default for £28 from July 2018 (now under the name of Lowell Portfolio).

I'm not sure if I can get my Amex card back, or what the best way to deal with the situation is ?

Does paying off the money either in full or part make any difference to my credit record? 

I currently have 2 credit cards with Amex with one card with a balance of £5500 and the other a balance of £8500.

It has now been passed over to a debt collection agency to recover the debt as I can no longer pay the amounts as my mortgage has gone up by 50% and so have all of my other bills. 
 

however, I was sent an email from Amex after I was given the two credit cards to say they did not perform the correct checks when they gave me the cards and said they would retrospectively check. 
 

I would like to know if because they didn’t do the necessary checks if there is anything I can do to lower the balance as I might not have been able to borrow the amount I did if they had checked properly. 

 

thank you. - I have the email. 

Resolve Call & A Statue Barred Debt! - Debt Collection Agencies - Consumer Action Group

I have just had exactly the same situation occur,  I got home on friday to my wife telling me a man with a ID badge on a string around his neck banged on our front door and after she told him I was not home and closed the door, he proceeded to write a paper out and post through our front door,,  

I had a letter from a debt company about 2 weeks ago telling me they have either passed on the debt or have instructed resolve? 

I cant remeber the company as I threw it straight in the bin, I am sure they are referring to a debt from 2006 which has well gone past any kind of hope they can expect to get anything from myself ,, 

could anyone please direct me in the direction of which letter i send them , ie statuary barred ,, also when i do the letter should i put my name on it or just the ref number and also do i sign it or just leave it, 

I really am pretty disgusted these people (who seemed to be bully boy according to my wife) have the cheek to visit me for a debt from 16 years ago,, well 10 years stature barred,,

Any advise most welcome

thank you !

Just to add after reading another post I remember the original debt was for a credit card from american express that capquest had obtained, 

I never had any kind of CC and no communication with anyone for 16 years ,, any letters which have come to me have gone straight into the bin, I guess i should send a letter and get it finished with ,, 

Most are now 6+ years and off my credit record, but Amex is still there.

First missed payment was May 2016 but default was not registered until August 2017.

this is the only default now showing.

Is there any scope to query the date of default and have it removed sooner?

I have been making £2 payments, and they diligently send me statements every month so it's very much a live debt...

Wonder if a SAR is worth it at all, and is the way out really just a full and final settlement?

Thanks in advance for your time and consideration!!!

Amex BA Card (Firstsource Advantage LLC India) £3,994
Last Payment: £2 on Aug 22 to Firstsource Advantage LLC India
Dropped off Credit Report
Lender – American Express Services Europe LTD
Account Type – Credit Card
Status – Dropped off credit report, never defaulted
Account Start Date – May 2008

Bit of a long post, may want to get a cuppa before starting reading... 

after being a lurker for many years and trying never to get into a mess with credit cards like i did 20 years ago, i've got myself into a mess with Amex... I've tried being open and honest with them, but now getting the feeling they are messing me around. 

Its not a chargecard, but a Nectar Credit Card with them.

TAKEN out 2016.

Balance is just under £15k as of today, was almost at £17k. 

Debt still owed by Amex, not been sent to NCO/Arrow etc - YET... 

Background (short version):

Was all fine with more than min. payment (£500 or so), being made until April 2020 when a number of things reduced my monthly salary from work (mainly, take a pay cut or be made redundant), so I soon quickly realised i needed to tighten my belt quickly. Phoned Amex, advisor said nothing they could do except Payment Holiday. Was put onto that for 3 months, told that Amex will be in touch at the end to restart payments. I asked about interest being stopped/frozen/reduced - not possible. So agreed to payment holiday to give me breathing space. 3 months came and went, no contact from Amex... No payments made, interest still racking up at around £300 a month... 

Rang Amex back (July 2020), we cant do anything today because your in the middle of the statement cycle call back next week. Called back week after, no solution yet (i asked about things i seen on Amex US website = Regain program - basically freeze card, lower interest rate and pay a set amount for 12 months - more about this later) > Not available in UK yet.

Want to stay on payment holiday Mister B? I asked if there was any way interest could be stopped as this is making the balance increase and increase. No. Do you want to stay on Payment Holiday? Ok. (Bear in mind, if i came off Payment holiday. Minimum Payment was around £570 per month. 

So, stayed on payment holiday... Didnt hear anything from Amex again. Called back up in September 2020. Please call back in October after 10th and we can assist.

Called back after October 10, went through loads of stuff, different options etc, was warned that Payment Holiday might not be extended much longer, but now have a program. Worked out with Amex woman that i could pay around £200 per month. But please stop interest - no we cant but we can reduce this down to 9.9APR instead of 23%... . Amex woman said she needed to submit details to 'Seniors' at Amex, please call back next week for update.

Called back week after, advised that first Amex woman was wrong and had made mistakes, shouldn't have told me what she had told me, £200 is too low, minimum would be £389 per month for 12 months or account will default. Told Amex woman 2 that couldn't afford it, went through this last time, etc etc. Amex woman 2 went off, came back, £329.74 is minimum they can possibly accept, 12 months at that amount per month and interest would be lowered, but not stopped. If you dont take out this 'Program' then account will default and will be passed to NCO or Arrow (I hate them both). 

Went off, tried to get loans etc, all refused. Rang Amex back, reluctantly agreed so i can keep credit rating at 'good'. 

So, been paying since Nov 2021 @ £329.74. 

Letter arrived in December - due to out mess up with moving accounts around whilst on payment holiday, we are going to give you £3074 back. Logged into account, only £30.74 refunded, not £3074. Phoned Amex cos thought it was a joke/mistake - Spoke to some bloke - Oh dont worry, the rest will be applied to account automatically in 7 days. he advised was genuine but then got cut off during call. Called back, spoke to some other bloke, yes, looks genuine but please hold... Came back 10 minutes later. Oh, its a mis-print, you are not the only customer to receive one of these. Each should have been £30.74 not £3074. Me = Gutted. 

Wrote a letter to Amex saying how dissatisfied i was with general customer service and felt they were incompetent, blah blah etc. Final response received, Complaint partially upheld, heres £150 credit because we were a bit silly, but thats it. IF your still not happy, go to FOS. Opened a case with FOS... Have sent them the complaint letter to them and have had a call from them about this... FOS are backlogged though and will take another 3 months for complaint to be looked at by them.

Let me make this 100% clear, fully admit to owning the debt, yep, ive spent this money (wish I knew what on, cos having got much to show from it - just general stuff and holidays)... Not trying to shirk out of it, trying my best to keep up with re-payments but im really struggling. After I got paid on 1st April, after paying all outgoings i had £9.83 left in current account so am having to go into overdraft each month which is just a vicious circle. 

I would really like to NOT have to down the default route and trash my credit rating and then have to deal with the morons at NCO / Arrow etc. 

Meanwhile, this is where I need the advice of the CAG experts...

- Credit Limit increases... These were coming every few months and it was just being upped and upped and upped. Credit limit eventually was stopped at £15,400. Some of the increases I never even received letter for, just noticed when I logged into account. >>>> Would this be a case for irresponsible lending?

- Stopping interest - I've read something on FCA site that they recommend (not policy) that if a customer is put onto a payment holiday then they recommend freezing interest for customer so the debt doesn't continue to build. I've asked time and time again, Amex just refuse.  >>>> Any tips on how to get Amex to play ball? 

- Full & Final/Short settlement I've rung Amex today, told them I might be able to pay it off. Initially they said full balance, i then pushed, they then said they would accept 80% of balance, pushed them a bit more, got it down to 70%. >>> Surprised, and then very surprised they would accept 70%, anyone else think this is a bit odd? Normally they wont budge, or they wont budge from their first offer... Could their be something wrong on account (missing CCA etc?), or do they want rid of me and account as much as I do with them?

- Cant really keep going at these £329.74 repayments. Something is going to have to give somewhere. I believe they wont go any lower and they will just default it i send £100 instead of £329 and send it out to NCO/Arrow. This might not be a too bad thing though because this would stop the interest right? Anyone thoughts on this? 

Anyone think of anything else I could try with them? Again, its still with Amex, not defaulted or anything yet, yep, its all my own fault, i've spent the money, dont deny that, just feel Amex have took advantage etc.

Many thanks for reading. Any advice is greatly appreciated.

Kr, Mista B. 

I have an Amex credit card with a £5k credit limit and yesterday I was £200 over that limit.

I have been in India for a few months and have been in dispute with a Hotel since I checked out on the 5th October.

They had my Amex details from my reservation, but I had used an HSBC card to settle part of the bill during my stay.

The Hotel have finally got fedup dealing with me and have charged £2700 to my Amex card, which Amex have approved.

So, my current balance is now £7900 against a £5000 credit limit.

In my T&C's Amex say that they may allow transactions above the credit limit to go through without it being regarded as a credit limit increase.

I am awaiting a response from Amex, but I am arguing that they should never just allow a transaction through that was 54% of my existing credit limit, when I was already over my limit, and in doing so they are effectively extending £2700 of credit to me that I have not asked for.

Also, of course, as my actual limit is still £5000, my minimum payment required in December is now close to £3000 in order to bring my account back under the limit!!!

I'd appreciate any advice anyone has in how to deal with this.

Scanned_20190131-2054_(1).pdf

I have been making regular monthly payments to a number of creditors since June 2007.

The anounts were worked out with the help of a "debt assistance" organisation.

I have not missed any payments, and I get the "usual" (as others have on this excellent site) ocassional letters

and chasing up which I have been able to deal with OK.

On checking a free credit report today,

I note that a debit card company has just last month recorded a default on my file, whereas previously late payments were indicated.

I have never recieved any default from them.

I have received letters from a DCA, but no mention of default.

The last correspondence, dated after the default entry, was a settlement offer, which I cannot afford.

Should I be concerned?

Do you think they will now ratchet up correspondence and chasing?

Any thoughts and advice would be welcome.

Thanks

t

The offer is 50%.

I've still not received back the CCA, can they still pursue the debt while awaiting the CCA?

Thanks

AIC offer 12220.pdf

I have a thread running in the debt management section about my overall situation. 

I now need some advice about my Amex situation.

I defaulted on my Amex about a month ago after a couple of months of non payment.

Amex opened in 2014

£9500 debt on it 

First I had AIC chasing me. I ignored all communication.

Today I had an email from Brachers solicitors.

I’ve immediately been googling and it seems these are legitimately solicitors that work for Amex not some dca.

Every mention of them in a forum seems to be about an actual court case and I read something (although it was from 2005) saying that they are very litigious and known for doing statuary demands!

So I’m pretty nervous about this development.

i guess this is not something to be ignore unlike AIC.

So questions-

Are Brachers solicitors something serious  I need to worry about? Unlike DCAs 

Does it seem like Amex are preparing to take legal action against me? (Everything I read said Amex rarely do this so wondering why they have picked me?!)

Is a Statuary Demand likely to come? (I read all about ccjs before but had no idea this was even a possibility until I googled Brachers)

What should I do now? They asked for a phone call but I know not to do that.

What letter should I send and should I send it to them or Amex?

should I try and setup a payment plan?

I guess there is not much sense in a CCA request as it’s only from 2014

I have a 3 month old baby.

My personal income is 0 and my partner is currently out of work with mental health issues.

I do own a property (with a mortgage).

I can’t afford much but could scrape together something for a monthly payment to them.

Any advice appreciated.

I need help dealing with Brachers LLP regarding a Corporate Amex Debt.

With regards to debt on a corporate card, long story short

- I work as a travelling consultant during the week,

I was based on a client for 6 months paying my expenses within the rules on my corporate amex card...

after my 2nd month, my manager refused to sign off on my travel expenses,

i took the matter with HR who said the manager was the budget owner for that project and it was her choice.

In order to keep my job, i still showed up on client site and did my work as I was new to the company.

Eventually £7.5k was racked up on my corporate card, Amex came chasing and essentially I was brought into a disciplinary meeting where I was told off on record that I would be sacked if I didnt take ownership of the debt...This in itself had a whole legal chase behind it, however would still have ended with me losing my job...and I like my job so I gave in to the corporate machine and their legal poweress.

now that I have taken on this debt, I agreed to pay £200 a month to Brachers,

I stuck with this for a few months, then I split from my ex and moved to london where my expenses increased to £860 p/m.

I have now missed the last two payments on my debt to Amex, because I couldnt afford it after restarting in London.

As of this week, I have said to Brachers that I can afford £100 p/m for the next two months and then I will increase my repayment to the £250 mark if not higher depending on circumstances. Reason for this, is that I am getting a significant salary increase in November, so will be affordable.

However they wrote back and said that £100 was unacceptable and that they will now proceed with legal action to recover the debt owed along with all legal costs and expenses.

Any advice on how I should appraoch this, is there anything I can do to protect myself from this crap?

I will make it absolutely cleared I am more than willing to pay off this debt,

however I do not want to put myself in a position that I am struggling to make ends meet by repaying more than I can afford.

Any help and/or advice would be massively appreciated

To give a little insight - While I was abroad in Thailand last year I was the unfortunate victim of an elaborate s cam which saw me having to max out my 2 Amex credit cards in order to pay the money the Thai people said I owed or they would not give back my Passport (police there were no help because I had signed a botched contract to rent out a boat for a few hours from these people).  Not looking for sympathy just want to make it clear I had good reason to max out these cards (although i know Amex and the DCA will not give a flying f**k).

this saw me max out almost £6,500 in total (they had said I owed nearly £9000) but were quick to release the debt after I paid the initial £6.5k.

since August, I have been paying back this amount in small installments to Amex (usually the minimum payment required each month)

- with both cards it usually comes to £300-400 (with the intention of having it all fully paid in around 24 months).

I fell behind for the last few months (with about £4k of the debt remaining from £6.5k)

I received an email from Amex about my missed payment last week asking for the FULL amounts to be paid on both cards or it would be transferred to a DCA - which would have been impossible for me to do.

Nevertheless I began budgeting for Aug to make sure I could pay the minimum required each month as I was positive they would take it rather than nothing at all as there is no way I could pay in full however, just a few days later I received an email from Allied International regarding the Amex debt.

I called Amex to ask about this but before I could, they simply asked for my CC details then put me on hold to then pass me to their 'collections team' who turned out to be Allied, so it seems Amex themselves will not give me the time of day anymore. When I was passed onto Allied I put the phone down after the agent got increasingly aggressive in wanting me to 'confirm my details' which I wouldn't do in order to proceed with the call.

I have all intentions of paying back this debt in full but I do not want to deal with any DCA's

- can people recommend my next steps as I do not know where to go from here.

Does Allied now own the debt?

Can I contact Amex to continue paying directly to them?

Any help will be much appreciated!

I’m currently in a payment plan to repay 2 Amex debts. Whilst Amex still own the debt, and send monthly statements, the payments are collected by a 3rd party - “NCO Europe” ( a DCA )

As Amex still legally own the debt, can I refuse to pay the DCA and instead resume paying Amex directly? 

I just don’t like dealing with DCAs which is why I’d rather pay direct. If I were to write to the DCA to tell them that this is what I want to do, could they take any further action? 

She had been struggling to pay each month due to recent redundancy. 

 She arranged a payment plan with them for £27.00 a month from April.   

She had to ring in to pay them, there was no option to pay online.   

Unfortunately she forgot to pay June's instalment due to illness and other issues.     

She has received a communication from them stating unless she pays the full amount of £1,200 by 19 July they will transfer the debt to NCO debt collectors.

She has phoned them earlier this morning and offered to pay £150 but they didn't want to know.   

They say there is a plan called Regain that means their agents would deal with.   

it is this NCO who are a DCA.   

Amex have emailed a Financial Information statement and she has until next Friday to return it.

She is naturally keen to avoid being Defaulted as Amex say when this is passed to NCO they will default her.

Any advice would be very welcome - thanks.

Sent Amex an LBA... they have now completed their review of my complaint and claim that I had signed the agreement so agreed to the terms in them.

so ... I have prepared the following POC... I have added to POC others have used ... first by reference to the exception to the statute of limitations ... and then later .. to the claim for restitutional interest... can you please sanity check it and if necessary suggest any change.

Particulars of Claim

1. The Claimant entered into an agreement (“The Agreement”) with the Defendant on or around xx/xx/xxxx, whereby the Defendant was to advance credit facilities to the Claimant under a running credit account, Account no xxxxxxx ("The Account").

2.The Agreement essentially consisted of the Defendant providing the Claimant with a credit card (“The Card”) which would allow the Claimant to make purchases and receive cash advances on credit. In return the Defendant was entitled to charge interest at the published rate.

3.The Agreement was a Regulated Agreement for the purposes of the Consumer Credit Act 1974.

4.At all material times the contract was subject to the Defendant’s standard terms and conditions which could be varied from time to time.


Summary

5. Throughout the course of the Agreement, the Defendant has added numerous default charges to the Account for the Claimant’s failure to make the minimum payment on the due date and or for exceeding the credit limit and or if a payment is returned. (Full particulars are set out in schedule 2).

6.The default charges were applied in accordance with the standard terms of The Agreement which were:
a). A penalty payable on breach of contract and thus unenforceable:and
b) An unfair term under the Unfair Terms in Consumer Contracts Regulations 1999 (“The Regulations”) and therefore not binding on the Claimant.


7. The Claimant is accordingly entitled to repayment of the sums wrongly added to the Account.

The Charges


8. The standard Terms of the Agreement in substance provided as follows:
(a) The Defendant would provide the Claimant with the Card. The Claimant was entitled to use the Card to make purchases and receive cash advances up to a credit limit (“the Limit”) set by the Defendant. The Defendant could unilaterally change the Limit by giving the Claimant notice in writing.
(b) The Defendant was entitled to charge interest on the purchases and cash advances at the published rate.
(c) The Claimant was to pay the minimum payment of 3% of the amount owed or £5 (whichever was the greatest) by the due date as notified in the monthly statements.
(d) In addition the Defendant was entitled to charge default fees (“the Charges”) where the Claimant exceeded the Limit, did not pay on the due date or had a payment returned.

Penalty

9. The Charges were payable on breach of contract by the Claimant.

10.The amount of the Charges exceeded any genuine pre-estimate of the damage which would have been suffered by the Bank in relation to the Claimant’s transgressions.

11. In the premises the Charges were punitive and a penalty and thus unenforceable at common law.

The Regulations


12.At all material times the Claimant was a consumer within the Regulations.

13. At all material times the terms of the Agreement providing for the Charges were unfair within regulation 5 of the Regulations in that contrary to the requirement of good faith they caused a significant imbalance in the parties' rights and obligations to the detriment of the Claimant.

14. without prejudice to the burden of proof, the Claimant will refer to the following matters in support of the contention that the terms are to be assessed as unfair as at the time of the conclusion of the Agreement, and of each revision to the Standard Terms.
(1)The terms relating to Charges were standard terms; they would not be individually negotiated.
(2)The Charges were a penalty for breach of contract.
(3)The Charges exceeded the costs which the Bank could have expected to incur in dealing with the exceeding of the credit limit, late payment or returned payment.
(4) Accordingly the Charges were a disproportionate charge incurred by the Claimant for their failure to meet their contractual obligation and thus within the ambit of Schedule 2 (1) (e) of the Regulations and indicative of an unfair term.
(5) As the Bank knew, the Charges were of subsidiary importance to the customer in the context of the Agreement as a whole and would not influence the making of the Agreement.
(6) As the Defendant knew, the Claimant had no means of assessing the fairness of the Charges.
(7) In the premises, the effect of the Charges would be prejudicial to the customer who incurred them, and cause an imbalance in the relations of the parties to the Agreement by subordinating the customer’s interests to those of the Defendant in a way which was inequitable.

15.without prejudice to the burden of proof, the Claimant will contend that the terms imposing the Charges are not core terms under regulation 6 of the Regulations and relies on the following matters.
(1) The assessment of fairness does not relate to terms which define the main or core subject matter of the Agreement.
(2) The assessment of fairness does not relate to the adequacy of the price or remuneration as against the goods or services supplied in exchange (in other words, whether or not the relevant services were value for money).
(3) The Charges are correctly described as default charges by the Defendant in the key information provided to new customers.

16. By reason of the said matters the terms were not binding under regulation 8 of the Regulations.

17.The Defendant wrongly applied Charges to the Account totaling some £105.00 between 24/06/2004 and 05/01/2007. Particulars appear from Schedule 2.

18. On 6^th March 2018 the Claimant demanded repayment of the sums wrongly applied, having only recently becoming aware of the mistake which the Defendant had made in applying these charges.

19. The claimant relies on the precedent set between KLEINWORT BENSON -v- LINCOLN CITY COUNCIL under section 32 1.(c) of the Limitation Act 1980 in regards to this claim.
 

20. The Defendant has not repaid them or any of them.

And the Claimant claims

(1) A declaration that the sums totaling £105.00 have wrongly been applied to the Account

(2) Payment of the said sum of £105.00.

(3) Interest in restitution based on interest applied by the Defendant at the rate of 14.98% per annum from the date of payment of the Charge to date in the sum of £621.04, and at the daily rate of 14.98% until judgment or sooner payment.

(4) Court costs of £60.00.

I believe that the facts stated in these particulars are true.

Dated
 

I have been on a DMP since 2011 with a number of credit card debts, which all defaulted at the time. All are with external DCA’s now. I’m paying £80 per month, on an outstanding total debt of £20k.

I have recently been offered some money to clear them (not enough for the full balance), so have been investigating how I could best achieve this. I understand if a debt is deemed unenforceable, then I’ve got a better chance of a lower F&F settlement. I’ve submitted CCA requests (I did not do this prior to going into the DMP) recently and have begun to get the replies back.

I have had a reply from American Express (directly, rather than through the DCA, Allied International, which is who I wrote to). They have provided me with the data from the online application form, which was completed in 2005. This included an “e-signature”, which amounted to a “Y” that I agreed to the T&C’s. I understand that the absence of a ink signature after 2004 is not cause for making the agreement unenforceable.

They also sent a series of credit agreement text’s through to the point at which the default occurred. However, the first one is dated after when the card was taken out in 2005, so wasn’t the set of text that I would have agreed to at the time the application was taken out. Is this an issue?

Also, this text has a set of different interest rates for the various different card types. There was no indication within the online application data which card I had been offered and which interest rate I was on. Later versions of the agreements do have a single APR, although it isn’t consistently the same. Do these issues make the debt unenforceable? Should I SAR them as well so I can check the actual interest rates applied?

In terms of the offer for the F&F, do DCA's take into account the amount paid off the debt already through a DMP? I've paid between 35-50% off most of the original debts already - so I'm not minded to offer a great deal.

Finally, I also want to claim for the fees applied to the account when I was in financial difficulty - would it be better to do this before the F&F, or after?

Thanks,

Badger

American Express

Services Europe Ltd

Department 871

Brighton

BN88 1AH

Is there another addrss I could use, or another way to get the request there as without proof they have got it I dont think I can use the 12+2 time limit.

Recently received a reply from Amex in reference to BA Amex card from 2005.

Attached is what they sent.

Can you please advise if this is enforceable in court of law?

Thank you.

Amx.pdf

I have applied direct to the credit reference agency and my credit score is 98% and there are no negatives on the credit file.

Has anyone come across this before?

(apologies if this is posted in the wrong place but I couldnt see an American Express sub forum in the Banks, finance and credit forum. )

I thought it might be linked to my partner so we applied for her credit report and it is a 100% score so I cannot see why Amex would use this as a reason to decline the application.

I do not have any information or account details.

Amex wrote back and said they cannot find any details, and unless I can confirm the card number, they will not review this further.

The card was held in around 1997-99 I think.

Is there anything I can do?