Jump to content


  • Tweets

  • Posts

    • Plenty of success stories, also bear in mind not everyone updates the forum.  Overdale's want you to roll over and pay, without using your enshrined legal right to defend. make you wet yourself in fear that a solicitor will Take you to court, so you will pay up without question. Most people do just that,  but you are lucky that you have found this place and can help you put together a good defence. You should get reading on some other Capital One and Overdale's cases on the forum to get an idea of how it works.  
    • In both versions the three references to "your clients" near the end need to be changed to "you" or "your" as Alliance are not using solicitors, they have sent the LoC themselves. Personally I'd change "Dear ALLIANCE PARKING Litigation Dept" to "Dear Kev".  It would show you'd done your homework, looked up the company, and seen it's a pathetic one-man band rather than having any departments.  The PPCs love to pretend they have some official power and so you should be scared of them - showing you've sussed their sordid games and you're confident about fighting them undermines all this.  In fact that's the whole point of a snotty letter - to show you'd be big trouble for them if they did do court so better to drop you like a hot potato and go and pursue mugs who just give in instead. In the very, very, very, very unlikely case of Kev doing court, it'd be better that he didn't know in advance all the legal arguments you'd be using, so I'd heavily reduce the number of cards being played.
    • Thanx Londoneill get on to it this evening having a read around these forums I can’t seem to find many success stories using your methods. So how successful are these methods or am I just buying time for him  and a ccj will be inevitable in the end. Thanks another question is, will he have to appear at court..? I am not sure he has got it in him
    • Here's a suggested modified version for consideration by the team. (Not sure whether it still gives too much away?)   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you added. Shall we raise the related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding parking periods. Especially with no consideration of section 13 in your own trade association's code of practice and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked, unmanaged over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the above issues and more, with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture a couple of useless ANPR photos. If you insist on continuing this stupid, money grabbing quest, after having all of the above pointed out, we will of course show this letter to the Judge and request “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Signed, "Spot". (Vehicle Keeper's pet Dalmation).
    • Paying DCA's one penny, never mind £50 per month is a mugs game, they have really been milking him as a cash cow   See where received a claim form is underlined in your post, you need to click, on that and read carefully, then answer the questions, then copy and paste into a post on this thread Forget the CAB ,  their advice is sometimes weird. Is it worth defending? Lowell brought these debts for 10 p in the pound , years ago, because they are flawed. Think about it! if it was such an easy win, Capital one could have taken it to court and crushed him.  It could be an invalid agreement, default notice, or many other things. In a nutshell , yes, and we can help you.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

AMEX & AIC & Newman


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5321 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Me too. I started with RMA, but they went away after a formal complaint about them breaching the Data Protection Act. I now have Newmans and AIC chasing - each have two accounts. RMA did respond to a CCA by providing application forms which are patently unenforceable. I have now raised a formal dispute with Amex, both for penalty charges and lack of an enforceable agreement.

 

Nothing heard from Newman's or the sweaties at AIC. I suspect that Amex realise the reality of the situation as they have tried the old moral argument - always a good combat indicator that they know their case is hopeless.

Link to post
Share on other sites

  • Replies 239
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

  • 1 month later...

As a further update to this long running saga:

Having only received a copy of the original CCA from Newmans I kept pushing them with standard letters as previously prescribed in this thread. Now I have received a threatening letter from stevensdrake solicitors demanding full payment - which includes 3 grand in charges and interest on top of the original 10.3k debt otherwise they will issue legal proceedings.

Having read certain threads regarding these clowns and some of their previous antics I am concerned as to what they a) can do and b) will do in an attempt to recover this debt.

I would appreciate some further advice, bearing in mind all of the original comments regarding the fact that this was an unenforceable agreement.

The bottom line is that I would gladly reach an agreement with Amex to pay off the original debt but at a reduced amount and without interest AND subject to the default being removed - does anybody think that this is a) workable and b) actually needed - or do I just resist and fight them in court as this is the route it seems to be going.

I know that many people have had many similar experiences - but there appears to be conflicting results. I just want the default removed and to begin repayment really - but if they continue to be asses - where do I stand.

 

PLEASE HELP!

Link to post
Share on other sites

I've posted scans of the 'agreements' they've sent me on my thread; if yours are anything like these I can't see any solicitor trying to take them to court. However, in many law firms doing this sort of work it may be that no-one qualified will actually deal with the papers - so it's possible that they will issue a claim. However, they are so clearly unenforceable the defence should be easy.

Link to post
Share on other sites

  • 4 months later...

Hi - to anybody that can help me.

 

After this long-running saga I have now been issued with a Court Claim Form (from Brighton County Court) - is this the same as the old Court Summons?

As you can see from earlier posts in this threat - I have been told by numerous people on the forum that my case would be enitirely unenforceable through the courts - owing to the fact that I originally signed a Credit Application Form.

Despite repeated requests and having followed the guides/letters in this string - i have only ever received copies of this one original document.

 

It would appear though that Stevensdrake solicitors/ Amex are confident enough to ignore all that and come after me through the courts for the original debt of just over £10 grand PLUS a further 4 and a half grand in charges/interest etc since the original default - which was just over 12 months ago.

Can somebody please give me advice on what to do now - I cant afford expensive solicitors and am I just wasting more time and money trying to defend this. They must be confident by going to court - but how true have the staements so far been on here that the original agreement is truly enenforceable.

Has anybody had similar experience with this and come unstuck when going to court.

My gut feel is to fight it all the way as it seems so unfair when I have made payment offers since day one which have been rejected by AIC then Newmans and now the third one hasnt even offered me that facility and insist on taking me to court.

 

HELP PLEASE - this is sending me over the edge. I simply cannot afford to have a judgement registered against me but Nor can I pay them anywhere near what they are claiming.

 

All help will be greatly appreciated.

Thanks

Blue.

Link to post
Share on other sites

Yes, that's the new version of the old summons.

 

You should lodge a defence stating that the claim cannot succeed because the claimant is unable to prove they have an agreement that complies with the Consumer Credit Act 1974.

The case should therefore be struck out.

 

You should gather up all your paperwork on the matter and ensure it is safe. Don't send it with the defence - that will come later.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

Link to post
Share on other sites

Thanks for the response palomino.

I am just worried and sorry for doubting people who obviously know better than me - Is it a cast iron certainty that it will be struck out. Is there a case that can be referred to in any of these forums where Joe Public has actually won against any of these DCA's/Solicitors on the basis of such an application for Credit form being un-defendable???

I just dont understand why these solicitors would pursue through the courts after all I have threatened them with if they thought they had no chance - or am I just being too logical??

Link to post
Share on other sites

I am just worried and sorry for doubting people who obviously know better than me - Is it a cast iron certainty that it will be struck out. Is there a case that can be referred to in any of these forums where Joe Public has actually won against any of these DCA's/Solicitors on the basis of such an application for Credit form being un-defendable???

 

Nothing is cast-iron in the courts (it depends on the judge) but let's just say you have an excellent case. As to any specific cases I believe there are but I'll have to let more knowledgable people comment.

 

I just dont understand why these solicitors would pursue through the courts after all I have threatened them with if they thought they had no chance - or am I just being too logical??

 

They do it because they can. And also in the expectation that you won't defend the case and it will go through on the nod. Undefended cases are dealt with by a clerk and the details of the claim are never put before a judge. There are hundreds of undefended cases every day.

 

Don't even bother thinking about a utopia where solicitors are universally honest and judges perfectly impartial. Judges are subject to the vagaries of human nature. I won't say anything about solicitors.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

Link to post
Share on other sites

I won't say anything about solicitors.

 

I will. In my experience, solicitors are like prostitutes - they will do anything for their clients, providing the money is right.

 

Amex seem to be becoming increasingly aggressive these days with regard to issuing claims. I agree with Palomino's analysis that they do it in the expectation of a default judgment because the defendant is unaware of their rights.

 

I also suspect that there is increasing pressure upon the collections drones to be seen to be taking action, so that the shareholders may be comforted that no matter how irresponsible the lending, how poor the paperwork, and how hopeless the legal case, Amex are doing all they can to claw in as much as possible.

Link to post
Share on other sites

Thanks guys.

One final question - in terms of defence would you, in your opinion, recommend me taking professional legal advice or trying to do this myself - cant afford to make mistakes - but can't afford the cost of my own solicitor???

Link to post
Share on other sites

If it were me (and I suspect my turn will come soon - I am), I'd do it myself with help from CAG. Because Amex's agreements don't meet the legal requirements, it should be relatively easy. If they've added 'file referral fees' they don't meet OFT requirements and can be challenged too.

 

PT2537 has some excellent defences that will meet the case - send him a pm (but note that he's not available until 06 Aug).

Link to post
Share on other sites

I did send PT2537 a PM with details but as yet have not had a response. Can anybody else help - I tried to forward the PM again to PT but the site keeps bucking it.

 

PT2537 - if you can read this and are available to help can you let me know please?

I have to respond TODAY to the court claim.

Link to post
Share on other sites

Without pt's help we'll go with what you have.

 

You have to say in your defence the basis of the claim is a properly executed agreement that is compliant with the provisions of the Consumer Credit Act 1974. The claimant has provided an application form as a purported agreement but that it isn't compliant because .

Because there is no properly and compliant agreement there is no basis for a claim and therefore it should be struck out.

Alternatively if the claimant is able to produce the agreement in Court it must be the original and not a copy.

 

Curious : why have you left it to the very last minute? I gave you the general drift a week ago - if you had drafted something up at the time then we could have checked it through but it's too late now.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

Link to post
Share on other sites

One more thing - you should also add to your defence that, in the event that the claimants can produce a properly and compliant agreement then you are disputing the significant charges added by the claimants which they have failed to itemise or explain. You believe these charges are unlawful or wholely unreasonable and that you are denying that part of the claim.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

Link to post
Share on other sites

Thank you again Palomino.

I do appreciate what you are saying about waiting until the last minute - but I need to post something out tomorrow latest and had waited to see if PT would respond with a standard template. Obviously he is otherwise engaged -so please do not be offended as it is plain to see you know what you are talking about.

I am going to post a draft on here and see what you (or anybody else) thinks. Please feel free to make comments as necessary

Best regards

Blue

Link to post
Share on other sites

Ok here is my draft proposal:

 

Dear Sirs,

 

I refer to the Court Claim Reference No. xxxxxxxxxxx dated xxxxx

 

I ask for this Claim to be struck out owing to the following:

 

The basis of this claim relies upon the claimant being able to produce a properly executed Agreement that is compliant with the provisions of the Consumer Credit Act 1974. To date the Claimant has only been able to provide a copy of an Application Form as a purported Agreement. The said Application does not meet the requirements of the Consumer Credit Act 1974 as this act clearly states the following:

 

This is the bit I need help with........................so what needs to go here?...................

I must add that should the Claimant be able to produce a compliant and properly executed Agreement, then I am disputing the significant amount of charges that the Claimant has added and have failed to either itemise or explain. I believe these to be unlawful and wholely unreasonable and I deny that part of the claim.

 

On the basis of the above I again ask for this claim to be struck out.

 

Your faithfully,

 

(not particularly eloquent and legal sounding I agree - so if anybody can add better prose then please do)

Link to post
Share on other sites

Perhaps I misunderstood about the time frame. I have discovered that I can send the Acknowledgement of service today which gives me 14 days to submit a defence - so anything you guys would like to add towards my defence would be appreciated

Link to post
Share on other sites

  • 2 weeks later...

Hi Blue Thunder.

 

Stick with it. I'm a little bit further down the road with Amex and Co. Allocation Questionnaires and Court Directions have been dealt with and Amex has failed to supply paperwork as directed by the court, naughty bunnies, so my day in court opposite them is only a few weeks away. As they've ignored court directions the judge should begin with a rollicking of their representative. That's if it gets that far, here's hoping.

 

CP

Link to post
Share on other sites

HI CP,

 

Thanks for your message - I have trouble posting on here some days as it keeps bucking me out - so apologies for the delay in responding. Are you able to share some details of how your has progressed. I have received a letter back from their solicitors giving me grief about disclosure. I did try and post it on here for comments.

BUT I need to submit my defence tomorrow and having tried to load stuff on here for 4 days now without success and in the hope of getting some decent responses - I am in danger of becoming unstuck

 

So HELP please.

I am send ing this then another one with an attachment and see how this works.

Best regards

Blue

Link to post
Share on other sites

Hi Blue Thunder,

 

Assuming you made a request under Civil Procedure Rules to Amex and their representatives and they are not forthcoming with the information make sure you bring this to the attention of the court in your defence. Write it in simple terms - you asked the claimant for information - they failed to provided it within a reasonable time - therefore you can't compile a comprehensive defence.

Its likely the court will instruct Amex to provide the information by a certain date. The case will be stayed for, possibly, a month while they do this.

 

CP

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...