Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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  1. #1
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    Default SLH542000 v American Express (Platinum Credit Card)

    Hi

    Just started proceedings with Amex yesterday, begining with S.A.R - (Subject access requesticon) request, sent with a tenner via recorded delivery.

    Now, my history with Amex wasn't good. Basically ended up with them serving me with a default notice on my credit record, and debt collectorsicon being involved. (only ever by telephone)

    Firstly a firm called Newman and Co, and now a firm called RMA. (both of whom hassle you to death!)

    I've got questions with this one though. The fees involved with Newman and Co, and also RMA seem to be extortionate. I have entered into a repayment process (300 a month), and the balance for the account has come down from almost 8 grand, to about 4k to date (still paying off every month)

    I suspect the reason I defaulted in the first place was due to the excessive charges placed on my account by American Expressicon.

    1st Question: If (when I receive my statments) it appears Amex charges were the reason for the default, can I get it removed?

    2nd Queston: It's one thing getting a refund on charges from Amex (big firm), but what about dealing with DCA's like RMA and Newman and Co? Anyone have any experience? Should I send S.A.R - (Subject access requesticon)'s to both these firms to see where I stand? (have lost track of how much I paid to either of them - never received any statements from either firm!)

    Any views or experience appreciated!

    Cheers

    Steve.

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  2. #2
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    Default Re: SLH542000 v American Express (Platinum Credit Card)

    1st Question: If (when I receive my statments) it appears Amexicon charges were the reason for the default, can I get it removed?

    Yes




    2nd Queston: It's one thing getting a refund on charges from Amex (big firm), but what about dealing with DCAicon's like RMA and Newman and Co? Anyone have any experience? Should I send S.A.R - (Subject access requesticon)'s to both these firms to see where I stand? (have lost track of how much I paid to either of them - never received any statements from either firm!)

    This should help
    http://www.consumeractiongroup.co.uk...iliffs-advice/






    I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

  3. #3
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    Default Re: SLH542000 v American Express (Platinum Credit Card)

    Livelylad

    You're a helpful fella, aren't ya!

    Cheers

    Steve.

    Lloyds
    19-10-06- S.A.R Letter
    Prelim 20-11-06 £10,492
    LBA - 2/12/06
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    19-10-06 - S.A.R Letter
    Prelim 20-11-06 £1,467
    LBA 2/12/06
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    AMEX
    19-10-06 -S.A.R Letter.
    Prelim - 20-11-06 £697
    LBA - 2/12/06
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    19-10-06 - S.A.R Letter
    Prelm 20-11-06 £1580
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    19-10-06 - S.A.R Letter
    20-11-06 Prelim
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  4. #4
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    Default Re: SLH542000 v American Express (Platinum Credit Card)

    Hi do you have the Contact address to send SARicon for Amexicon - can't seem to find it through the forums.

    Thanks

    Thanks Foaf26907

    Claim filed 30/01/07
    2nd Request £1500 nov 06
    Prelim Request £1500 16/10
    Lloyds Data Protection Act 07/08

    ------------------------------------
    Abbey Credit card settled £266 11/06
    NatWest paid in full £3770 04/08/06
    Hurray Halifax Paid in full £1820.00 28/05/06

  5. #5
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    Default Re: SLH542000 v American Express (Platinum Credit Card)

    Revieved All statments and transaction on account info this morning! (27th October 2006). - Which was pretty quick (first ones to come back to me!)

    Am working out charges right now!!

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    Prelm 20-11-06 £1580
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    MBNA
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    20-11-06 Prelim
    WON-£4010

  6. #6
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    Default BIT OF ADVICE NEEDED Help!!

    Need a bit of help here...

    My monthly statements state a "Monthly interesticon rate" of 1.46%

    Now, I know people have claimed for 8% interest, but I want to claim the contractual interest rate, as that's what they charged me on their £20 charges (as it was always added onto my balance!)

    To get the annual rate (which i need to input into Vampiress' Spreadsheets) do I simply mulitply the 1.46% by 12? or is it more complicated than that?

    Anyone?

    Hellooooooooo? (quiet in here!!)

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    20-11-06 Prelim
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  7. #7
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    Default Re: SLH542000 v American Express (Platinum Credit Card)

    Sent off Prelim Letter 30th October. Total amount requested £572.76 including Contractual interesticon @ 1.46% per month, and S69 Interest @ 8%.

    Hope I've done this right!!

    Will keep everyone updated as and when it happens.

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    19-10-06- S.A.R Letter
    Prelim 20-11-06 £10,492
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    Prelim 20-11-06 £1,467
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    19-10-06 - S.A.R Letter
    Prelm 20-11-06 £1580
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  8. #8
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    Default Re: SLH542000 v American Express (Platinum Credit Card)

    Quote Originally Posted by foaf26907
    Hi do you have the Contact address to send S.A.R - (Subject access requesticon) for AMex - can't seem to find it through the forums.

    Thanks
    yup....

    American Expressicon Services Europe Ltd
    Data Protection Office
    Dept 2007 Amex House
    Edward Street
    Brighton
    East Sussex
    BN88 1AH



    Lloyds
    19-10-06- S.A.R Letter
    Prelim 20-11-06 £10,492
    LBA - 2/12/06
    Cap 1
    19-10-06 - S.A.R Letter
    Prelim 20-11-06 £1,467
    LBA 2/12/06
    WON-Settled in Full
    AMEX
    19-10-06 -S.A.R Letter.
    Prelim - 20-11-06 £697
    LBA - 2/12/06
    Morgan Stanley
    19-10-06 - S.A.R Letter
    Prelm 20-11-06 £1580
    23-11-06. £1076 offered.
    4-12-06 - LBA
    Won-£1580 14-12-06
    MBNA
    19-10-06 - S.A.R Letter
    20-11-06 Prelim
    WON-£4010

  9. #9
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    Default Re: SLH542000 v American Express (Platinum Credit Card)

    Recieved reply today from Amexicon

    Mr Ian Hayward acknowledged reciept of my plreliminary letter, and assured my I will have a response within 28 days.

    Should I carry on with the lbaicon 14 days from now if I haven't received a reply? or should I wait and see what they come back with? - Don't want to seem to be too unreasonable incase we see the inside of a court room!

    Anyone?

    Lloyds
    19-10-06- S.A.R Letter
    Prelim 20-11-06 £10,492
    LBA - 2/12/06
    Cap 1
    19-10-06 - S.A.R Letter
    Prelim 20-11-06 £1,467
    LBA 2/12/06
    WON-Settled in Full
    AMEX
    19-10-06 -S.A.R Letter.
    Prelim - 20-11-06 £697
    LBA - 2/12/06
    Morgan Stanley
    19-10-06 - S.A.R Letter
    Prelm 20-11-06 £1580
    23-11-06. £1076 offered.
    4-12-06 - LBA
    Won-£1580 14-12-06
    MBNA
    19-10-06 - S.A.R Letter
    20-11-06 Prelim
    WON-£4010

  10. #10
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    Default Re: SLH542000 v American Express (Platinum Credit Card)

    had a reply from Amexicon saying their charges stand and are in line with .. blah blah blah....

    also said they won't be reviewing my default, as it's their obligation to provide a factual record to the credit agencies...

    lbaicon coming up.... gits!!

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    19-10-06- S.A.R Letter
    Prelim 20-11-06 £10,492
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    19-10-06 - S.A.R Letter
    Prelim 20-11-06 £1,467
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    19-10-06 -S.A.R Letter.
    Prelim - 20-11-06 £697
    LBA - 2/12/06
    Morgan Stanley
    19-10-06 - S.A.R Letter
    Prelm 20-11-06 £1580
    23-11-06. £1076 offered.
    4-12-06 - LBA
    Won-£1580 14-12-06
    MBNA
    19-10-06 - S.A.R Letter
    20-11-06 Prelim
    WON-£4010

  11. #11
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    Default Re: SLH542000 v American Express (Platinum Credit Card)

    No reply from these guys - guess I better start drafting my letter before actionicon. They didn't come across as a company who wanted to settle, so I guess I expected it!!


    Hey Ho!

    Lloyds
    19-10-06- S.A.R Letter
    Prelim 20-11-06 £10,492
    LBA - 2/12/06
    Cap 1
    19-10-06 - S.A.R Letter
    Prelim 20-11-06 £1,467
    LBA 2/12/06
    WON-Settled in Full
    AMEX
    19-10-06 -S.A.R Letter.
    Prelim - 20-11-06 £697
    LBA - 2/12/06
    Morgan Stanley
    19-10-06 - S.A.R Letter
    Prelm 20-11-06 £1580
    23-11-06. £1076 offered.
    4-12-06 - LBA
    Won-£1580 14-12-06
    MBNA
    19-10-06 - S.A.R Letter
    20-11-06 Prelim
    WON-£4010

  12. #12
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    Default Re: SLH542000 v American Express (Platinum Credit Card)

    lbaicon now sent, recorded. I'm counting the days......

    Lloyds
    19-10-06- S.A.R Letter
    Prelim 20-11-06 £10,492
    LBA - 2/12/06
    Cap 1
    19-10-06 - S.A.R Letter
    Prelim 20-11-06 £1,467
    LBA 2/12/06
    WON-Settled in Full
    AMEX
    19-10-06 -S.A.R Letter.
    Prelim - 20-11-06 £697
    LBA - 2/12/06
    Morgan Stanley
    19-10-06 - S.A.R Letter
    Prelm 20-11-06 £1580
    23-11-06. £1076 offered.
    4-12-06 - LBA
    Won-£1580 14-12-06
    MBNA
    19-10-06 - S.A.R Letter
    20-11-06 Prelim
    WON-£4010

  13. #13
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    Default Re: SLH542000 v American Express (Platinum Credit Card)

    had any response to your lbaicon?

    You might also wish to follow the CCA route as I have done.

    Search my posts looking for Amexicon.

    The CCA request obliges them to provide you with a true copy of the Agreement. There are deadlines and if missed they are liable to hefty fines AND the debt is unenforeceable.

    There is an interesting extension to this in Section 85. Credit-Tokens: had your card renewed ever??? then the CC company are obliged under the legislation to provide you with a true (your signatureicon) copy of the agreement with T&Cs EVERY TIME it renews......

    Check them out, you might find you can suspend payment or even demand all the interesticon and charges returned!!!



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