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MadKit

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Everything posted by MadKit

  1. I haven't been here long (only a year) but regarding RUC, I disagree with the above comment and agree with everyone else here. RUC looks like a good site, friendly and easy to use and it seems it may stay open. Why not encourage this as the members and admin people seem to want to stay open?
  2. I think that both sites compliment each other as they always have done. it seems that this news has brought about some very good comments about both sites and working together is always a good thing. We need all our energy to fight banks as has been posted already.
  3. Thanks for your message, I guess I am feeling a bit sorry for myself! And I really appreciate your help and certainly don't mind. Here is the defence along with my comments in red:
  4. Thanks but have tried 3 of the 4! I will ask Rory32 now, otherwise am not sure how to do this!
  5. 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!
  6. 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! :grin:
  7. 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.
  8. Oh I wouldn't try and do that, I just want back what they took i.e. the interest and charges on the agreement that I don't have that they wanted to insure me for!
  9. 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
  10. Thanks Steven, I still want my PPI and penalty charges back though and I am pursuing these at the moment. I read somewhere that you should be able to claim more back i.e. interest charges if the agreement in unenforceable, is this not the case?
  11. I read a post today that said American Express were prompt, polite and professional. I could think of a lot of things they are and they are none of the above!
  12. I have the same thing, I asked them for a signed copy of the credit agreement and all they have sent me is a signed copy (by me) of my application form and that is all! There does not appear to be and I definitely don't have a copy of any agreement be it CC or PPI agreement with Amex at all. They are outside the 12 + 30 days so what exactly can I get back from Amex?
  13. 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.
  14. 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
  15. 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
  16. Matrah, I have been in the opposite situation. I moved back here and left a fair amount of debt in another country - not Australia! Although I worried myself sick that they would find me, they can't and even though if they phone and try to contact you through family you leave behind, by law and the equivalent data protection acts, they have to be very careful. I would have a friend or family post off letters to them a week or so after you've left with cheques in (minimal amount) and have agreement/loan details on the back of the cheques with ACCEPTED IN FULL AND FINAL SETTLEMENT in legible writing. Take a copy of the cheque, front and back and if they bank it, they don't have a leg to stand on. I did this and it worked for me. And you have a good life, don't look back or worry and enjoy every second. It is a fabulous country and way of life.
  17. Letter from court: It is ordered that, the court of its own motion is considering striking out the defence in this action as an abuse of process. The basis for this is the fact that the defendant is settling all claims of this nature where claimants are seeking the reimbursment of bank charges, with no claims proceeding to a contested hearing. The court considers the authority of Mullen v Hackney London Borough Council 1997 relevant. If the defendant objects to the proposed strike out it is ordered to file, by no later than xx June 2007 a schedule setting out all claims of this type in England and Wales which have proceeded to a final contested hearing and the outcome of such hearings, together with a schedule of all such claims which is has compromised before the final hearing after proceedings have been issued. Upon receipt of such objections the court will consider listing the claim for a notice hearing of the strike out issue. In the absence of any such objections being filed in time, the defence herein will be struck out and a judgement entered for the amount claimed by the claimant, together with the appropriate costs claimable on the small claims track. And throught the post, a cheque for the full amount claimed, charges plus CI of unauthorised interest rate for HSBC, plus court fees. Don't you just wish all courts could be this excellent! Will scan the full letter once I get a chance.
  18. Should we be doing this? When I write my letter should I mention "in light of the precedent ...(details) ... I am willing to accept an offer based on 8% statutory interest this being £xxxx" Or should I just not mention the precedent and quietly drop the CI claim and just state I will accept an offer for £xxx (which will be lower that what I have previously been claiming)? I for one will not be helping them by pointing out precedents and offering to accept a lower offer if they have not pointed it out themselves. I have a couple of claims that have hearing dates for charges and PPI in the next 2 weeks and I have applied CI to the charges but not 8% compounded as well. I won't be changing my claim so will see what the judge has to say rather than trying to pre-empt. I figure the worst that can happen is the claim is struck out or settled before court. Do I have this wrong?
  19. Been following this thread with interest, has veilside been silenced, paid or removed? Un1boy, can you update when you find out please?
  20. Nobody except Steve talks to me when you're not here Gooders!
  21. Gooders, no I haven't received any POC for PPI yet. Luckily case was delayed as solicitor couldn't make it, now need it by 20 June. :o
  22. I did try that but there is a note on the Other Institutions saying No New Posts! However, I think I've done it somehow ?? And thank you yet again for replying to me!
  23. 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!!
  24. Thanks Steven, am still struggling with this and have now received a letter from Glovers Solicitors and a couple of threatening voice messages. I'm also trying to start my own thread Me v American Express but not having any luck finding where to do this.
  25. Steven, I checked both of the posts and still can't find the wording for a POC for PPI. Need this urgently, can anyone help please? :o
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