zhanzhibar vs Amex/AIC/Newman/ Brachers Solicitors

[zhanzhibar]

HI Steven

 

Just to make sure I have understood everything - post #65 gives details of correspondence.

 

AIC have started proceedings and you sent in a pt2537 defence.

 

AIC or someone has provided you with a valid DN (nope... they didn't send me any copy of DN folloiwng my request after receiving the POC- the one you see in post 65 is the one i received in March 2007which in any case does not comply to the 14days rule)but not an executable agreement (you mention screen dump - is this of an application form after 2004?) (they refer it as print screen of my collated information provided by me when applying for the card & in regards to the application date, i honestly can't remember when but according to them i applied in 2006)

 

You are querying the amount because they have added over £1k in fees yes that's right

 

Are you claiming unlawful charges (late payment fees, etc)?I suppose i should but I am not.

 

You ask about an amended defence - is that just because of the DN they sent or are there other changes? The amended defense will be about 1) them not giving me a copy of default notice

2) excessive referral charge under UTCCR 1999

3) charging interest in the account when the account is in dispute (not sure what law thiis is but this is when they didn't comply to my CCA request in June 2007, only reply with the print screen e-app in Mar 08)

4) (maybe) strict proof the IP address is me(?)

 

Hope you can give me a bit advice whether i shld do amended def or wait for an order from the court. thanks

 

Hope that clears

[steven4064]

If the screen dump has a 'signture box' with a box to tick rather than sign and has the prescribed terms on it, it could well be a properly executed agreement (subject to the IP proviso, that is)

[zhanzhibar]

Hiya

 

If the screen dump has a 'signture box' with a box to tick rather than sign and has the prescribed terms on it, it could well be a properly executed agreement (subject to the IP proviso, that is)

 

This is where i got confused. On the screen dump, it didn't show any signature box with a box to tick. However in their details POC, they stated in para 6 & 7:

 

6. Under such regulations an electronic signature can be used instead of a written signature & the claimant can confirm the defendant's IP address & track ID as follows: IP address: 86.20.33.169;track ID: 62.255.32.16-153609655826.

 

7. The defendant accessed the Claimant's website when applying for the creditcard. The conditions of the accounty were displayed on such website to the defendant. By the defendant "clicking" to confirm her acceptance of the T&Cs, this is effectively the defendant's electronic signature. The executed agreement was then forwarded to the defendant at the same time as the actual credit card.

 

question then,as highlighted in red above, are they correct in saying that by ticking the T&Cs, i therefore have signed it?

[steven4064]

7. is correct but you may be able to challemge the IP address if it doesn't tie up with youir present one - put them to strict proof that it was yourrs at the time.

 

The IP address they qupte belonds to Virgin Media in Coventry - does that sound right?

[zhanzhibar]

yep that's right but the last 5 digit of my IP address 86.20.xx.xxx is different than wht they stated in the POC.

 

So, if i may ask for your opinion or anybody else who is willing to give theirs, should i send an amended defense or wait for an Order from the court?

[steven4064]

Looking back to post 101, an amended defence may be a good idea

[bazaar]

I tried to ping the addresses and they timed out, so those IP's are probably allocated elsewhere now due to DCHP. You could always ask Virgin if they can give the locations for the addresses, seeing that this is a legal issue now. You may wish to go to command prompt and print off the screen results. It'll say failed, so might help a little

[kevins]

Want to jump on your thread and find out if mine is similar case, I am in dispute with Amex and had nasty dealings with Newman (horrible people) who have now referred it to Copes solicitors. Copes saying they have written and phoned me (they havnt) I rang Newmans they said pay up or they will enforce bankrupcy ( I dont have the money) Long story short the business credit card is for a company I left 18 months ago, the business acknmowledge its their debt not mine, but have stopped paying bill - as they are in America the easiest person to chase is me in the Uk. I ahve employed a solicitor I can ill afford, and neither Amex nor Newmans will respond to them, at wits end

[zhanzhibar]

Hi all, my children & I have been ill in the past week & just about have our strength back hence my writing here.

 

Want to jump on your thread and find out if mine is similar case, I am in dispute with Amex and had nasty dealings with Newman (horrible people) who have now referred it to Copes solicitors. Copes saying they have written and phoned me (they havnt) I rang Newmans they said pay up or they will enforce bankrupcy ( I dont have the money) Long story short the business credit card is for a company I left 18 months ago, the business acknmowledge its their debt not mine, but have stopped paying bill - as they are in America the easiest person to chase is me in the Uk. I ahve employed a solicitor I can ill afford, and neither Amex nor Newmans will respond to them, at wits end

 

Kevins, Newmans are nasty bunch of people as I have dealt with them myself. Plus by the sound of it the debt is not yours so why should you pay? Not sure whether you've done it or not but if i were you, I'd request for a copy of credit agreement & go from there.

 

I tried to ping the addresses and they timed out, so those IP's are probably allocated elsewhere now due to DCHP. You could always ask Virgin if they can give the locations for the addresses, seeing that this is a legal issue now. You may wish to go to command prompt and print off the screen results. It'll say failed, so might help a little

 

I just did as suggested & copy & paste all the ip config on word so I can print off as part of my amended defense. Thanks for the tip Bazaar

 

Looking back to post 101, an amended defence may be a good idea

 

Hi Steven, how does one do an amended defense? Can you or anybody give me any example please? Do I write a whole new defense letter to the court with the all the points I want to raised as in post 101.

 

Thanks

 

zhan

[steven4064]

I think you have to make an application using a form N244 but it might be worth asking the court how is the best way to do it

[zhanzhibar]

Thanks Steven. I'll do that then. Will ring the court tomorrow

[upto the eyeballs]

subscribing

[zhanzhibar]

Hi All,

 

I am in need of desperate help now. I didn't submit an amended defense of the things discuss above thinking that I could put them in "Other Information" should an AQ materialised. Haven't heard from the judge since he asked Amex to come up with certain info by 6th October 2008. Suddenly today received "Notice of Hearing of Application" from the court. Together with it were an application notice N244 for order of Summary Judgement & a witness statement from Brachers. I will put all these docs up later in this forum but at the moment I am a bit stumped about the way this case has gone. I was expecting an AQ through the door but not this.

Do I not get the chance to say my points in a witness statement?

 

For info my hearing is on the 25th of March. I am a bit worried now as this is a first for me.

[Cunning Plan]

Hi Zhanzhibar,

 

The first thing to do is 'don't panic' I've been going through the same thing with AMEX and I'm a few weeks further down the line than you.

I can't post anymore details than are already on my thread as we're at a delicate stage but should have a result soon.

I'll have more time later this week to offer support and others on the site will be along shortly too. You aren't alone in this and you have a month until the hearing to get things clear in your mind and paperwork sorted.

 

CP

[zhanzhibar]

Hi Zhanzhibar,

 

The first thing to do is 'don't panic' I've been going through the same thing with AMEX and I'm a few weeks further down the line than you.

I can't post anymore details than are already on my thread as we're at a delicate stage but should have a result soon.

I'll have more time later this week to offer support and others on the site will be along shortly too. You aren't alone in this and you have a month until the hearing to get things clear in your mind and paperwork sorted.

 

CP

 

Hi CP

 

Thanks for replying. Your reply does give me some comfort feeling that I am not alone in this battle with them, if you know what I mean. I've subscribed to your thread but have to admit haven't been following for awhile as I was concentrating on my other case. Will definitely read ur thread in more detail.

 

Zhan

[zhanzhibar]

All,

 

here are the documents the court sent me today;

 

 

 

There is also a witness statement which i will upload later & its exhibit.

Edited February 23, 2009 by zhanzhibar

[bazaar]

Did you file a defence?

[zhanzhibar]

Hi Bazaar,

 

I did file defense based on one of Pt's defense i.e the POC was submitted but i have no information in order to file my defense. I think i sent this back in August last year. The judge then order Brachers to submit some infos i.e particlarised claim with info provided by the 6th Oct 2008 ( it's all in previous posts in this thread) & since then I haven't heard anything from the court. I think that's why they are pursuing it on this road.

[Monty2007]

I think this is now the standard Amex tactic, go for an N244 strikeout and if the judge disagrees then discontinue, this is supported by the Amex threads updated this week.

 

I am in Scotland and have an options hearing soon which is the first case review.

[zhanzhibar]

Hi All,

 

I am in need of desperate help now. I didn't submit an amended defense of the things discuss above thinking that I could put them in "Other Information" should an AQ materialised. Haven't heard from the judge since he asked Amex to come up with certain info by 6th October 2008. Suddenly today received "Notice of Hearing of Application" from the court. Together with it were an application notice N244 for order of Summary Judgement & a witness statement from Brachers. I will put all these docs up later in this forum but at the moment I am a bit stumped about the way this case has gone. I was expecting an AQ through the door but not this.

Do I not get the chance to say my points in a witness statement?

 

For info my hearing is on the 25th of March. I am a bit worried now as this is a first for me.

 

Hi all,

 

Back to my original query, what do i do now? Do I now submit a witness statement as well or do i submit an amended defense w/out using the N244 form?

[zhanzhibar]

Here it is, the witness statement from Brachers legal executive

 

 

 

Having read the above a couple of times here is another dilemma;

there is a copy of the default notice included in their exhibit together with their witness statement. This is the first time i have seen it since asking for it in my defense back on 24th June 2008. My dilemma is the copy they submitted has not got the same date as the one i got. Can this mean anything? Can I use this info? & again what I should I do now?

 

Many thanks in advanced everyone

 

Zhan

[bazaar]

I'm not fully up to speed on the court side here, but you should be able to rebuke this, by demanding that they send the documents you requested back last year and indeed what the court ordered them to do. you'll need to highlight that this is clearly an attempt to confuse the honourable Judge and court and is possibly a n abuse of process, (Let the Judge decide) Make sure you press the fact that they have ignored the Judge ( contempt, maybe).

We need to see how to do this officially,

[zhanzhibar]

I'm not fully up to speed on the court side here, but you should be able to rebuke this, by demanding that they send the documents you requested back last year and indeed what the court ordered them to do. you'll need to highlight that this is clearly an attempt to confuse the honourable Judge and court and is possibly a n abuse of process, (Let the Judge decide) Make sure you press the fact that they have ignored the Judge ( contempt, maybe).

We need to see how to do this officially,

 

Hi Bazaar,

 

Brachers did actually reply to the judge request before the 6th Oct date as stipulated in the order. (post #55 & #56 in this thread) It was the court that has gone quiet. Not quite sure why.. Was expecting an AQ to materialise but nothing happened . Not sure whether the court is waiting for me to do an amended defense which I didn't as I thought I include it in my AQ. Suppose that's why Brachers pursuing me on this road.

 

WHat do you all think I should do now? Send an amended defense or a witness statement to the court?

[creditcardmug]

This is a long thread, it might be helpful to post up again the agreement, the default notice, the POC, and your defence, as these are the only things that matter at this point, if you are going to object to their SJ application

[humbleman]

You could say to the Judge, that when you requested a copy of DN you were given a different one to the one show with their statement of truth, thus there is clearly a triable issue and the application for summary judgement should be dismissed, and also make sure that the Legal Executive is told off for lying.