MadKit v American Express (Charges & PPI)

MadKit · 12th June 2007, 16:31

I received this yesterday regarding a charges/PPI claim from Amex/Glovers Solicitors. I have not received an AQ as this is being dispensed with and no court date yet. I filled in a claim online with MCOL with the obvious restrictions on claim details. I've been asking for a detail POC for PPI with no responses, could someone please tell me what I need to respond to the below:

1. Please provide a schedule of the charges that form the basis of your claim, specifying the date that they were applied to the account and the precise nature of each charge.

2. You state that these charges exceed the Defendant's losses caused by such breaches. Please identify the breaches to which you refer.

3. You state that: "The Term permitting the Defendant to levy such charges is unenforceable...". Please identify the Term(s) to which you refer and explain the basis you allege the Term is unenforceable.

4. You state that: "If charges are a fee for a service they must be reasonable under S.15 Supply of Goods and Services Act 1982." Please identify the services to which you refer, and explain and what basis you allege that the charges (if a fee for such a service) is unreasonable.

5. Please clarify your position in relation to the Repayment Protection Policy. For the avoidance of any doubt, you stated that your that claim relates to the fact that as a self employed person you were not entitled to claim on this policy. Please confirm whether this is correct and if so provide full details of the factual and legal basis of your claim.

6. Please set out any other material facts upon which you would seek to rely in support of your claim.

7. Please provide proper particulars of your interest calculation including the date from which interest is claimed .... even in the knowledge that you are claiming the contractual rate of interest compounded annually, our accounts department is not able to reach the figure you provided.

Please note that should you fail to respond to these requests, it is open to us to make a formal request for further information to CPR Part 18 of the Civil Procedure Rules, and our client is entitled to apply to the court for an order requiring you to provide the information requested if it is still not forthcoming. In the event that we are forced to make such an application, we will ask the Court to order that you pay our client's legal costs.

We look forward to hearing from you prior to 22 June 2007.

Now I know some of the responses match with what has been posted already but I'm not so sure what to write for some of the other paragraphs. The solicitor keeps phoning my mobile and leaving threatening messages regarding costs and this is the same woman who asked me not to enter judgment as they were sending me a settlement letter! A complete lie as all they did was enter a defence that is muddled, complex and completely incorrect in reporting what I said.

Help!!

MadKit · 18th July 2007, 10:13

Update - I had a hearing for the first claim for PPI charges to which they sent a barrister. I asked for assistance on the site and had no response so had to go it alone!

I am now waiting for the court date and they have modified their defence. I really need help now so please could one of the Mods or Plats assist me as they are bound to send another barrister and fight me all the way. I do have a case as I was self employed on short term contracts for the entire time the PPI was deducted, they say this must have been a verbal agreement and they don't keep tapes of these conversations for more than 6 years (it was under this when the claim started) and therefore I must have agreed to it. This PPI was not in place from the beginning of the card agreements and there are no signed agreements or documents relating to this and I know from their terms and conditions that I could not have claimed and obviously didn't.

Please can I have some advice and help as I need to respond to their letter and new defence.

:o

hellhasnofury · 18th July 2007, 20:49

Quote:

Originally Posted by MadKit

Update - I had a hearing for the first claim for PPI charges to which they sent a barrister. I asked for assistance on the site and had no response so had to go it alone!

I am now waiting for the court date and they have modified their defence. I really need help now so please could one of the Mods or Plats assist me as they are bound to send another barrister and fight me all the way. I do have a case as I was self employed on short term contracts for the entire time the PPI was deducted, they say this must have been a verbal agreement and they don't keep tapes of these conversations for more than 6 years (it was under this when the claim started) and therefore I must have agreed to it. This PPI was not in place from the beginning of the card agreements and there are no signed agreements or documents relating to this and I know from their terms and conditions that I could not have claimed and obviously didn't.

Please can I have some advice and help as I need to respond to their letter and new defence.

:o

Hello Madkit,

I am so sorry that you have had to go it alone, Unfortunately I have not had to file a claim against a company. Please pm Reidnet to help you. he is excellent and very helpful.

Another person who is at the court stage is itsmeandonlyme. I do know that she had to amend her poc and she got some really good help.

I wish you luck.

itsmeandonlyme · 18th July 2007, 21:48

Hello Madkit,

I see...., i wouldn't mind to know who did you ask for help? can you PM me?
You should also PM BF if they submited defence.... I also haven't seen anybody here fighting with Amex and not aware about their legal support.
How do you know they are sending barrister? Have you got a copy of your POC?

Regards,

Itsme

MadKit · 23rd July 2007, 18:01

Hi Itsme, they sent a barrister to the first hearing! I have now received a full and amended formal defence. The court case is 3 September but the DJ (

love that) has asked for all documents by the end of July. They are relying mainly on the fact that they sent a letter saying congratulations you now have PPI! They say it must have been a verbal agreement but as it is now over 6 years (it wasn't when I started this) they must have deleted the conversation. I cannot ever remember having this conversation and I am 100% sure that I wouldn't have asked for this either as it was just after my Mum died and I was struggling financially and definitely would NOT have asked for more money to be taken off!

Thanks once again for your response and I will be PMing you as well.

:o

MadKit · 14th August 2007, 14:36

Update on this. Amex have sent a signed application form, there is no credit or PPI agreement! I have received their amended defence and they are saying two things on the PPI side, it must have been an oral agreement and that the insurance agreement (oral or otherwise) cannot be contested as it is not part of the CCA and therefore not regulated.

Any ideas? Court case is beginning of October and I've asked for help on the reply to defence but I wonder if I should also pursue the CCA side at the same time as they have passed the 12 days plus 30 days and produced no signed agreement as there isn't one.

Blossomandebony · 14th August 2007, 16:28

Hi Madkit,

Don't know how relevant this is, but I went to a hearing recently where I claimed a refund for Mortgage Payments Insurance, which I could not remember signing for.

Unfortunately, the Building Society produced a mortgage agreement, with the MPI included, and signed by me. Therefore, I lost the case, which is fair enough.

The point is, the Judge really stressed the importance of the signature - this is the sole reason why they won the case. In your case there is no signed agreement and I think that this puts you in a strong position. As for their claims about phone call agreements, it sounds like they're clutching at straws. Hang in there and fight this case all the way.

MadKit · 14th August 2007, 16:53

Thanks Blossomandebony, sometimes it feels like the whole world of nasty knowledgeable people against poor little me! I actually can't believe that they are arguing this and not just paying back the charges and the PPI when they clearly have no documentation. Never mind, I will have my day in court again, let's see if they send the baby faced assasin of a barrister again!

:o

hellhasnofury · 14th August 2007, 20:41

Quote:

Originally Posted by MadKit

Thanks Blossomandebony, sometimes it feels like the whole world of nasty knowledgeable people against poor little me! I actually can't believe that they are arguing this and not just paying back the charges and the PPI when they clearly have no documentation. Never mind, I will have my day in court again, let's see if they send the baby faced assasin of a barrister again!

:o

Hello Madkit,

Live is never easy is it. If they say it was an oral agreement, they have to prove it

. Yes they have no documentation.but they will still argue. Keep all of your documentation for the court as I am sure you know this.

Regarding the ca issue, if they have defaulted , have you reported them to the Information Commisioners Office, This will help you in court

MadKit · 14th August 2007, 20:45

I am about to report them as I started the PPI claim and then sent the letters and they are over the 12 + 30 day limit. They had to produce the agreements for the court case as I asked the judge to make this part of the order. They have only produced a letter they sent apparently to me saying welcome to the PPI, a copy of the application form and the amended defence.

Oh and I have SO much documentation for court.

hellhasnofury · 14th August 2007, 21:03

Quote:

Originally Posted by MadKit

I am about to report them as I started the PPI claim and then sent the letters and they are over the 12 + 30 day limit. They had to produce the agreements for the court case as I asked the judge to make this part of the order. They have only produced a letter they sent apparently to me saying welcome to the PPI, a copy of the application form and the amended defence.

Oh and I have SO much documentation for court.

And what about the oft

MadKit · 16th August 2007, 10:28

Oh yes! I'm sending out the non-compliance letter today, they are not the only ones who have not supplied an agreement but I figure if I can hit American Express from both sides, I will get them. I desperately need to respond to their defence and have sent you both a PM in the hope that I can get some help on this.

Thank you again for your responses!

MadKit · 21st August 2007, 11:06

Ah well, a few PMs but no help on my reply to their defence. I know everyone is busy but I now have only 2 days to reply. If there is anyone on the site who has some legal knowledge, PLEASE help me!

hellhasnofury · 21st August 2007, 19:13

Quote:

Originally Posted by MadKit

Ah well, a few PMs but no help on my reply to their defence. I know everyone is busy but I now have only 2 days to reply. If there is anyone on the site who has some legal knowledge, PLEASE help me!

Hello Madkit,

Sorry you have no responses,:o who have you pm'd. Maybe try Laiste, Sequenci, Rory32 and tomterm8, they I feel would be you best bet.

Fingers crossed.

What did you put into your poc and what have they said in their defence.

MadKit · 21st August 2007, 19:14

Thanks but have tried 3 of the 4! I will ask Rory32 now, otherwise am not sure how to do this!

hellhasnofury · 21st August 2007, 19:35

Quote:

Originally Posted by MadKit

Thanks but have tried 3 of the 4! I will ask Rory32 now, otherwise am not sure how to do this!

Hello Madkit,

Come one its not over till its over. Sometimes its the time of day that caggers come on the site, it appears that it is late eveing, so there is time yet

I have posted a thread on the general debt section, that is where most of the legally minded experts hang out. I have asked for them to look at your thread. I hope you don't mind

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