Court case looming- Amex

[stan5131]

I have successfully defended other similar cases for other members. Some of them came to me at the very last minue when interim order had been granted and they hadnt done CCA or SAR.

 

It can still be done.

[Tawnyowl]

CCA request sent.The district judge will be considering the application on 27th Dec in Brighton.It also states if any person objects to the court making a final charging order he must (a) file

(b)serve on the applicant written evidence stating the grounds of the objection not less than 10 days before the hearing.

 

I have noticed what Amex call the file refferal fee the solicitors now call collection costs pursuant to your credit agreement.Bit of a mix up surely.

 

Due to my defence arriving late the original judgement did not allow for instalments if i lose this can i still vary the payments.If i object will the case be transferred to my local court.

[stan5131]

You need to send a letter to the court outlining your reasons for objecting and advising that you are contesting the amount claimed and awaiting compliance of your CCA request.

 

You need to explain that as a litigant in person you were until recently unaware of your rights etc.

 

If you need any help with this give me a shout.

[Tawnyowl]

Will try to work out a letter in next few days to send.

Am also going to write to Amex accepting their offer but giving them further 10 days to cough up all the 8 pound charges they have held back plus their file refferal charge which is ridiculous. Then i will take them to court.

Will post letter when scribed- going to copy a few ideas from GRAD98s letter

when he went through similar situation.Will look at any ideas to put in letter but surely the account is in dispute will be a good start. It is well past the LBA stage having received offer. Dont understand them going for charging order when all this is going on.

[stan5131]

Remember that not only is the account in dispute but also that the amount claimed is invalid as it contains unlawful charges and unexplained amounts. There is also the argument that this loan was charged at a higher rate of interest being an unsecured loan etc.

 

Stan

[Tawnyowl]

Am working on letter.Not easy.I work with my hands not my brain. I am sure something will appear on paper shortly-hopefully.Thanks for help Tawnyowl.Ah-well back to it.Do not think it is going to be a masterpiece.

[stan5131]

I really think it is worth expanding on the whole unlawful charges argument by stating the case of Woodchester v Swain [COA 1998] which states that a default notice is defective if it is for the incorrect amount. So, by this token, if the default is defective the creditor should not have been able to take any further action UNTIL they have served a default notice for the correct amount AND it wasn't remedied within the prescribed time period.

[stan5131]

http://www.bailii.org/cgi-bin/markup...method=boolean

 

print this out

[stan5131]

you have binding precedant from the House of Lords & Court of Appeal that says the creditor acted unlawfully, so you shouldn't be bound by your agreement with them and the Court can't enforce the debt - not only that, but you can claim against them for £1,000 as they have effected your credit reputation and caused you damage.

 

You would need to prove that the original Default amount included collection and default charges/fees, but that should be easy.

[Tawnyowl]

Letter arriving shortly. THANKS FOR ADVICE.Fingers moving rapidly over keys.

Please correct if available.Time is going fast .The objection has to be sent shortly.Cant believe i am doing this- feel like solicitor- LOL.

[Tawnyowl]

Dear Sir Madam

I write with reference to the above mentioned claim for a charging order.

 

The letter is to object to the application of a final charging order.My reasons are set out forthwith.

 

Up until recently i was unaware of my rights but feel i am now ready to object to this order.

 

1- I am contesting amount claimed-and awaiting compliance of CCA request.

 

2- The account is in dispute and the amount claimed is invalid as it contains unlawful charges and unexplained amounts.

 

3-One offer has allready been made by Amex and the case is still ongoing.

 

4-I feel i must state the case of Woodchester vSwain( COA1998) which states that a default notice is defective if it is for the incorrect amount.So by this token if the default is defective fhe creditor should not have been able to take any further action until they have served adefault notice for the correct amount and it was not remedied within the prescribed time period.

 

5-The claiment wishes to make a unsecured debt a secured debt.Surely with the amount of interest charged on these unsecured products consideration has allready been taken that some people might get into difficulties.

 

6-I have other creditors who do not know about this hearing.A charging is not fairest on everyone as it would favour the claiment over all other creditors.

 

7-The defendant requests that these points are taken into account and the charging order is not applied.

 

Yours faithfully

Tawnyowl

[stan5131]

Just seen you post. is it too late to comment? Sorry Tawn x

[Tawnyowl]

Not to late at all thinking of posting tommorow.Any help really appreciated.

[stan5131]

Dear Sir Madam

I write with reference to the above mentioned claim for a charging order.

 

The letter is to object to the application of a final charging order.My reasons are set out forthwith.

 

As a litigant in person, I was previously unaware of my rights. I have recently been made aware that penalty charges are unlawful and unenforceable in a court of law. I believe the sum claimed by the claimant contains such charges and I am awaiting further requested documentation from the claimant.

 

1- I am contesting amount claimed-and awaiting compliance of my CCA request made under the Consumer Credit Act 1974. Under the terms of the Act, the claimant is required by law to provide a true copy of the original agreement on request. I am awaiting the claimants compliance of my request.

 

2- The account is in dispute and the amount claimed is invalid as it contains unlawful charges and unexplained amounts.

 

3- The original creditor has already made an offer of partial reimbursement of unlawful charges applied to the account. However, the defendant has not accepted this offer and believes he/she is entitled to full reimbursement of such unlawful charges.

 

4-The defendant refers to the case of Woodchester v Swain( COA1998) which states that a default notice is defective if it is for the incorrect amount.So by this token if the default is defective fhe creditor should not have been able to take any further action until they have served adefault notice for the correct amount and it was not remedied within the prescribed time period.

 

5-The defendant wishes to draw attention to the fact that the loan was charged at a much higher rate of interest taking into consideration that it was an unsecured loan.

 

6-I have other creditors who do not know about this hearing.A charging order would severely prejudice all other creditors.

 

7-The defendant requests that these points are taken into account and the charging order is not applied.

 

Yours faithfully

Tawnyowl

 

Just a few amendments

[Tawnyowl]

Stan 5131

Thankyou very much for the tremendous help you have given me.

The account i had with Amex was a blue card.

I will now finalise the letter and send tommorow recorded.

Dont know how things got this far but am glad you had finished moving

and started back on the forums.

I have noticed this thread is being read by quite a few people perhaps they are heading in the same direction.If this is the case this will be a tremendous help to them.Thanks again will keep posting with any developments.

[Tawnyowl]

Received B136(co) Notice of an application to register a restriction against the land.Have got till 12noon to object 28TH December. Think i will wait till outcome of hearing.When won will phone on direct line to Land Registry.

[Tawnyowl]

Do i send objection letter to court manager as when i have sent documents to claiments solicitors elsewhere they have gone AWOL.Court manager would be my preffered route.

[Tawnyowl]

The letter of objection has gone .It is now a waiting game.Thanks to all for help and advice.Hope you all have a happy Christmas. May all your dealings with Banks and DCAs be winning ones.

Off to nest- thanks once again-Tawnyowl.

[Tawnyowl]

Have just rung Brighton County Court to find out result of objection to the charging order.

Even with incorrect figures etc Charging order will continue.

Am waiting for letter from court but have lost.

Charging order is granted.

Asked lady on phone if i can now apply for variation to forthwith judgement to

make payments i can afford - token payments.She said yes.

Bit down at moment but thanks for help -Tawnyowl

[steven4064]

Sorry to hear that Tawnyowl. How disappointing.

[Tawnyowl]

Find it hard to understand how it went against me.

Incorrect amount on charge.

CCA not sent to me.

Case still on going with Amex- even though they have made one offer.

Wonder how much costs are going to be.

Bet all the work with charging orders costs some money.

Anybody know how long it takes to receive papers from courts-hearing was on 27th DEC.

I need to get variation form off as soon as possible.

[out of cash]

hi tawnyowl

 

how on earth did they get a charging order if they did not produce a cca as this is total proof of debt no cca no debt i am worried about this for others please keep us all posted.

 

out of cash

[Tawnyowl]

Reply to CCA request just received.

(I have enclosed a copy of terms and conditions of your account as requested).

Should you have any questions regarding them please do not hesitate to contact us on the telephone no below.

Claire Crawford

Credit relations.

08706004127.

Surely this does not comply with a request for a CCA .

No signature -nothing but a copy of terms and conditions.

Should i have a copy of the original including signature.

This was a blue card.

[Tawnyowl]

Find it hard to understand how it went against me.

Incorrect amount on charge.

CCA not sent to me.

Case still on going with Amex- even though they have made one offer.

Wonder how much costs are going to be.

Bet all the work with charging orders costs some money.

Anybody know how long it takes to receive papers from courts-hearing was on 27th DEC.

I need to get variation form off as soon as possible.

 

Papers have come back extra 208 in costs.

Just about to ring court for variation form to be sent to me.

Gutted but will still try to come up with something.

Did not even knock any money off for offer allready made .

Suppose it is turn offer down and proceed to court.

But feel like i have had enough of this shambles.

[steven4064]

Tawny

 

I have asked someone with more specialist knowledge to have alook at this