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Help! - AMEX No CCA and they've started court action. **DISCONTINUED**
I've been browsing the site for many months and it has allowed me to fight a few battles with a couple of card companies. Battles won but not yet the war!
So to my post and another battle that is hotting up.
I CCA'd Brachers regards a debt they are dealing with for Amex. They returned two application forms and the covering letter said they where enclosing the information I had requested. The T&C's were missing and certainly no sign of any agreement.
I was waiting for the 30 days to expire then was ready to send the next letter regards compliance. Instead of me writing to them they have written to me via Maidstone Court
They are looking to take me for £8K of which around £1K is their referal fee.
So my questions:
Is my defence simply a lack of agreement?
Referal fee excessive and not within guidelines.
The figure also includes unlawful charges.
How do I transfer this to my local court? I know Maidstone is a wonderful place but its not too convenient for me to get to.
I need to bounce this paperwork back to the court by next Friday 16th. To get the time for response extended to 28 days.
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Re: Help! - AMEX No CCA and they've started court action.
Hi 42man & creditcardmug,
This is a credit card and is quoted as such in the claim. I was until Feb 2008 paying £10 per month until they failed to produce a CCA.
I will scan the paperwork once my replacement scanner arrives but for now here are the deatils of the claim. Copied word for word.
_____________________
The particulars of Claim:
Money due for Creditcard services supplied (account number) to and at the Defendant's request as detailed in monthly statements rendered culminating 25 May 2007
Sum due at 25 May 2007
7253.74
Add file referral charge 1160.60
Less credit 81.00
Statutory interest from
25 May 2007 to date at 8% per annum 336 x 1.84 per day currently 616.20
Add subsequent debits 0.00
The Claimant claims 8949.54
Plus continuing Statutory Interest at 1.84 per day until Judgement or sooner payment to section 69 of the County
_____________________
Thats how the claim ends on 'County'
Amount claimed including court fee and solicitor's costs 9239.54
Re: Help! - AMEX No CCA and they've started court action.
When you file your defence it should get automatically transfered to your local court
Remember you only have 14 days to acknowledge service.
You need to send claimant a request for info under the CPR asap, this will help with preparing your defence (if they bother to comply, most don't).
Otherwise you will have to file a holding defence based on vague particulars of claim/no reply to CPR.
Did they send you a Default Notice if so scan this up as well
Re: Help! - AMEX No CCA and they've started court action.
Get this off to the claimant ASAP - send via SD
In the XXXX county court
Claimant -v- (YOUR NAME)
Claim Number: (CLAIM NUMBER)
Dear XXX
PART 18 REQUEST FOR INFORMATION
I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.
The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.
1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
2. All records you hold on me relevant to this case, including but not limited to:
a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor
b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)
c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
i. Copies of statements for the entire duration of the credit agreement.
3. Any other documents you seek to rely on in court.
I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.
Re: Help! - AMEX No CCA and they've started court action.
You need a very clear timeline of the account and very clear for the recent activity.
Include when opened, major events default notice(s) etc.
You need to scan recent docs from them, any default notice(s) and the claim form.
The defence, if they fail to send anything in response to the CCA request, is actually quite straightforward so don't worry.
Once all the info is in the thread you'll be given/helped with a defence to modify to suit your exact situation. (hence why all the info is needed)
Hunt down some recent defences, there have been a few recent success stories with similar situations. The defences on there will give you a very good idea of what is to come
Good luck
gh
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Re: Help! - AMEX No CCA and they've started court action.
Hi Again,
Scanner now fixed so here I go...
Advice required to build my defence.
Amex card account opened 1997
Account upgraded from Greencard to Goldcard 2002
Account passed to RMA in March 2006.
Account passed to AIC October 2006.
Account passed to Brachers June 2007. They sent a letter including the balance and collection costs and a copy of terms and conditions from 2003! No signatures names or address etc.
During this time I was paying token amount each month.
February 2008 ask Brachers to prove they have CCA and associated paperwork and therefore rights.
Then the court papers arrive. As previously quoted:
The particulars of Claim:
Money due for Creditcard services supplied (account number) to and at the Defendant's request as detailed in monthly statements rendered culminating 25 May 2007
Sum due at 25 May 2007
7253.74 Add file referral charge 1160.60 Less credit 81.00
Statutory interest from 25 May 2007 to date at 8% per annum 336 x 1.84 per day currently 616.20
Add subsequent debits 0.00
The Claimant claims 8949.54
Plus continuing Statutory Interest at 1.84 per day until Judgement or sooner payment to section 69 of the County _____________________
Thats how the claim ends on 'County'
Amount claimed including court fee and solicitor's costs 9239.54
_____________________
The less credit figure (£80) is the £10 per month paid since Brachers took over the file. The £1 is, I'm guessing, my payment for the CCA request that they have tagged onto the credit column grand total £81
Your advice please and do you need anymore information.
Re: Help! - AMEX No CCA and they've started court action.
Hi GH,
Certainly not had a default notice in the last 12 months. I can't remember ever getting one before that either. I'll have to delve into my files to see if I'm mistaken. Will get back to you on this one.
How important a piece of paper is a default notice in this case?
Re: Help! - AMEX No CCA and they've started court action.
well, without a compliant default notice issued to you they are not allowed to terminate the account or demand payment or seek enforcement
so you could say it was sort of important
If you find my advice helpful - please click on my scales
<<<<<< - they're over there!
Well, it's a funny black star now ...
The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.
Re: Help! - AMEX No CCA and they've started court action.
Hi again,
I have checked through my paperwork and can only find a 'Notice of Cancellation' from Amex. The account was then passed to AIC.
I sent my CPR request to AMEX, copy to Brachers, and today have received a letter from AMEX asking me to fill in a form and send ID to comply with my Subject access request under Data Protection and £10 payment.
Am I correct in thinking they are mistaken and delaying here? Under CPR don't they have to supply what I have requested?
Re: Help! - AMEX No CCA and they've started court action.
Quick Update:
I sent a second letter asking for the information under Civil Procedure Rules to Amex on Thursday, also pointing out the error in their first reply.
Nothing back as yet (Monday) so perhaps now the penny has dropped with them that I'm serious about this.
Meanwhile on Saturday a letter from Brachers saying thanks for the request to them and as I've asked AMEX already for the info they have forwarded the necessary information and documentation to our client (AMEX), and they shall be in contact with me directly.
The letter ends 'we can confirm we have placed our file in abeyance for a temporary period of 10 days from the date of this letter'
Which, to me, seems a pointless thing to write as court proceedings are under way. So what are they 'holding' ?
Will sit tight for the next few days, see what appears from AMEX. Then will update the thread and ask for assistance for my defence.
Re: Help! - AMEX No CCA and they've started court action.
Hi Nicklea,
Thanks for the advice I'm certainly not going to miss the deadline. I'm waiting until Friday to see if they send any of the information requested. Depending on what happens I'll then start compiling my defence . That will give me four days before I need to send it off.
Note that Brachers obviously didn't read the copy I sent them of my CPR request to AMEX. It appears AMEX have told them what I was asking for.
Can anyone explain the last two paragraphs?
Phrases like 'forward to you as soon as possible'
Surely under CPR's they should be with me within 12 days of my request?
'Any further documentation or information you require shall be provided at the appropriate point during proceedings, if the court makes an Order for disclosure'
Again shouldn't this be sent within the 12 days?
Re: Help! - AMEX No CCA and they've started court action.
No it doesn't have to be within 12 days. You can request it, but they can also come back and say they need more time or that it isn't reasonably necessary to prepare your case, or it's too expensive to get etc etc.
If they don't provide anything by the date you need it you'll need to put in a holding defence that basically says they haven't replied to your cpr 18 request and requesting that they do comply and you will provide a fuller defence after that date. See posts by pt2537 - he's really good at his job (or is it a hobby at the moment? - or perhaps a vocation)
Help! - AMEX No CCA and they've started court action. **DISCONTINUED**
. They returned two application forms and the covering letter said they where enclosing the information I had requested. The T&C's were missing and certainly no sign of any agreement.
'ers
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