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I have today received a Statutory Demand from Westminster re 2 Amex credit cards which they have combined into one balance. One was Amex Blue card the other Nectar credit card.
Background.
I CCA'd back in October, for the Blue card I've had my application from (signed by me not them) and a printed set of T&C, twice
For the Nectar card I have had a copy of an online application plus a printed set of T&C, also twice.
Both accounts had default notice in November after 1 month non payment.
Both been to RMA and back
Both cards have been cancelled by Amex
I am scanning copies of letters, default notices etc as I write, there's quite a lot!
The Statutory Demand came by ordinary post and I didnt sign for it. It was in a franked envelope with an indistinguishable stamp so can;t say if it was 1st or 2nd class, which also had a white barcode type sticker over it. I've copied this too so you can see what I mean.
Advice please!
Seems like I am hitting a similar stage with all my accounts at the moment! Guess I'll be an expert by the end!!
I will bring your thread to the attention of the site team. I personally know very little (strike that absolutely nothing) about Statutory Demands.
I do notice on page 2 though that there is a sentence that says
"The creditor making this demand is a Minister of the Crown or a Governmnent Department".. since when has Amex been a minister of the crown ?? Or have I missed something.
Dont panic just yet.
1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -HERE
2: Take back control of your finances -Debt Diaries
3: Feel Bullied by Creditors or Debt Collectors?Read Here
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
HI Seems similar to my complaint from Amex . My Company received a stat demand from Amex solicitor so as advised applied to set aside in our local Court citing lack of CCA and extortionate interest charges which have doubled the debt. and was told I had to wait for a hearing. Amex solicitor filed a response to our apllication in march and that was the last I heard until I received a letter from Court today 22nd April that the hearing had been on the 20th March and Amex had turned up and my application dismissed as I failed to turn up!
I phoned the Court and they said they sent out Court notice by first class post but could not tell date so no proof I said I had received no notice and of Hearing and as I had applied for the hearing why would I not turn up.
As I was not there The solicitor for Amex got his £600 expenses awarded to be paid by 14th April but they didnt send me the demand and judgement until 22nd the whole process is a shambles!
I am now told to pay £40 and appeal the judgement. The judgement actually says the Applicants solicitor (me )was heard but the respondant (Amex) failed to attend . This is factually incorrect as well as the reverse happened !!
I have also received a letter from Amex solicitor enjoying their Victory
that now they are applying for a winding up order.
You would need to substantially dispute the debt, whether it be due to an abuse of process, as for the bit about the 'crown' it seems their 'XXXXX' 's they use to delete DIDN'T cover this up properly, it could possibly be an abuse of process but I feel it is minor and could be up to how a judge feels on the day, you could certainly state that in any affadavit. The dispute could be a combination of non production of valid default notices, no notices of assignment (if the debt has been assigned), invalid agreements, excessive penalty charges etc....
IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU
I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU
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Also I have just noticed that the xxxxx through some of the words have crossed out the bit that says they intend to apply for a Bankruptcy petition.
So now my next question.
Does that mean they can't, or could they still do so even though they've crossed out those words?
Given this was sent by post so from what I can gather from reading other posts it isn't properly served so I "could" try ignoring it and claim I never received it should they actually take it further.
If I do nothing do I risk too much, or would i still get a chance to apply for set aside if they did take it further.
If they effect service by 1st class post, then they would have to provide an affadavit of service in the fact that they have tried many times to call and maybe left notes to state when somebody has called, if this is unsuccessful then an affadavit would have to go in front of a judge to say that service has been unsuccessful and can it be carried out by substitued service - 1st Class Post, I presume there is no court name on the papers.
PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.
IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU
I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU
IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.
Before you decide,consider the users here who have already offered help and support.
Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.
If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU
I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU
IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.
Before you decide,consider the users here who have already offered help and support.
Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.
If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.
IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU
I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU
IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.
Before you decide,consider the users here who have already offered help and support.
Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.
If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.
Hi JK, I am in similar situation to you - and have a similar thread going except I am a little bit further along than you.
From what I can gather, it is quite possible that the SD has not been properly served so you could chance it and wait and see but personally, I always think Offence is the best Defence (works in basketball!)
Have a read through my thread where you'll find the info about entering the info on your affidavit, very clearly described and shown.
Also, try calling the name on the SD - if it is Tony Sutton... he doesn't appear to exist! I have written to ask them when he left the firm.
Whatever, Good luck and I hope you get lots more info from the more knowledgeable guys on here.
I also notice on the covering letter it asks me to acknowledge receipt - which I haven't done. And they have called a couple of times since sending too, though i haven't taken the calls....
I need to act this week now, so having had a nice rest over the Bank holiday its back to action.
Any more thoughts on how to play this one please , it's become URGENT now!
Did you have a read through my thread because if you follow the advice I was given by 42Man, you'll be ok -
File your affidavit at your local county court, phone first to make sure they deal with bankruptcy hearings... then if your circumstances are similar to mine, use the same wording that I used or look around the other threads for SDs... you take the two forms to the court and they ask you to swear that it is truthful, then they stamp it and that's it. I later got a letter from the court saying my hearing will be in May.
Hope this helps, I'm certainly no expert as just started on this whole thing but am trying to learn as quickly as I can.
Good luck. Oh and I found that there is a editable word version of the two forms to be found on here, I'll try and find them and give you the link.
Hi JK36, I have just spent a good 30 minutes trying to locate the forms and have to admit I give up!
I know I found them on one of the threads as a link to Word Format - I'm going off to look on the internet but if anyone else knows where they are on the forums...
IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU
I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU
IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.
Before you decide,consider the users here who have already offered help and support.
Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.
If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.
Amex / Westminster Solicitors Statutory Demand - HELP!
credit cards which they have combined into one balance. One was Amex Blue card the other Nectar credit card.
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Originally Posted by JK36
