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About user56565

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  1. Hi All Need some advice. Amex do not have an enforceable agreement for an account I hold/held (it is signed by me but without the prescribed terms. s61(1)(a) and s127(3) apply). Morality aside, I would like to: • Get the debt written off • Get all information relating to the account removed from my credit reference files (e.g. defaults) How can I achieve this? I have a reasonable understanding of some of the legal issues but very little experience in applying it or going to court. I've asked my DMP provider to cease payments and I guess my starting point is to draft
  2. I recently submitted a CCA and Subject Access Request to American Express. I got back an application form which is signed by me but without the prescribed terms. The agreement is unenforceable under s61(1)(a) and s127(3). Morality aside, I would like to: • Get the debt written off • Get all information relating to the account removed from my credit reference files (e.g. defaults) The outstanding amount includes unlawful charges and interest. There is also an ongoing FOS complaint. I'm currently on a DMP (however it's going to take a very, very long time for me to clear
  3. Anyone? Should we be applying for the case to be struck out / dismissed etc? What about civil restraint orders, etc? I have very little experience regarding court processes so I I'd be grateful for any tips you can give. Thanks
  4. Thanks. Called the court. They said that Asset Link had 33 days to respond following our defence and they hadn't (this was a year ago-ish). Therefore the claim has been stayed. I don't think it has been transferred to our local court. Does this make sense? Not sure what our next steps should be. We just want to get rid of the claim and prevent them from making future claims.
  5. This thread has somehow ended up in the Capital One section. Please could a moderator move this into the 'Debt Collection Industry ' forum?
  6. Thanks As a brief summary for those reading this, Asset Link purchased a debt off GE Money and took court action within days. We sent a CCA request and information request to Asset Link. We also filed a defence (see above) on time in Sept 2007. Since then, we have heard nothing from the court and Asset Link still haven't sent the requested information. Within the past few days however, we have received a letter from Asset Link stating some basic information about the debt and asking for repayment proposals. Need some help: 1. What's the likely situation with the court cl
  7. All I know there hasn't exactly been much interest in this but I thought I'd post an update nonetheless. It's gone to the FOS and an adjudicator, in his inital response, indicated in favour of the company. As I think his judgement was flawed, I have written back and am currently awaiting a response. The OFT guidance seems to strongly suggest the term is unfair and so I will be pursuing this. If anyone has had success on a similar issue, please let me know.
  8. Thanks guys. Relieved and it was a good experience to see how the whole process works. To be honest, I wasn't expecting the other side to turn up and so I felt reasonably confident that we would win. If anyone reading has to go through this, make sure you ask for costs at the hearing! We wouldn't have got anything if we hadn't asked.
  9. Well it seems they've used the right form etc. Its entirely up to you bout the default notice - IMO its not necessary but if you word it right, no harm in putting it in the application. Good luck, let us know how it goes.
  10. Santos I've read the post you left on my thread at: http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/86067-getting-statutory-demand-set.html As you know, I successfully set an SD aside with the help of others in this forum. My advice to you would be: 1. Don't panic - you have 18 days from service as Tomterm said. 2. Despite the creditor saying things are on hold, they won't be for this SD as it has already been issued. Set it aside now. 3. You need to use forms 6.4 and 6.5 to set the SD aside. 4. You can get word documents to fill in if you like.
  11. IT IS ORDERED THAT: 1) The applicant attending but no attendance by the Respondent 2) The Statutory Demand be set aside 3) The costs of today be assessed at £50.00 and payable by the Respondent to the Applicant by the xxth xxx 2007. Thank you all for your help, especially Tomterm who provided draft documents etc. Now to wait for the money to arrive!!
  12. Tomterm - you're brillliant. Thanks so much for helping me out so much in both my threads. Questions for you/anyone: 1. How do you attach documents to an online defence? Do the documents need to be in a particular file format? 2. When could I expect to receive an allocation questionnaire and how long do I have to submit a reply? (Going on holiday in near future) 3. Do I need to send the claimant a copy of my defence by post? I refer to CPR 15.6. DRAFT DEFENCE 1. The defendant does not admit or deny the debt or any of the other allegations contained within the Particular
  13. Thanks all for your input. Josie 8: I'm now thinking that I should not bother writing back - they waited two whole weeks just to say they're not going to send the agreement. The 4 weeks (excluding the extra for postage) is about to expire. The Fraud Act is going to take a while for me to go through but certainly seems worth the time. Nailpost: They are claiming the entire amount. It's stupid because the OH is now on a DMP with CCCS. Prior to the DMP, she has been paying a pro-rata amount every month. These guys have initiated court proceedings within two weeks of purchasing the accou
  14. Asset Link have replied to our CCA request stating: 'we are unable to send you a copy of the signed credit agreement as your letter indicates you deny knowledge of the debt and could possibly have been subject to fraudulent use of your details' They provide some other information relating to the agreement and then state: 'if this information does not clarify matters we will require from you a copy of an official document showing your signature eg passport, we would also ask for 6 specimen signatures on a blank sheet of paper to enable us to investigate further' They have al
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