Amex Credit Card Application From Enforceable?

[Yeats]

Thanks for all your encouragement.

 

I have just received two letters, one from the Amex Solicitors and one from Brighton county Court.

 

Firstly the Solicitors letter:

 

"In accordance with the part 15.5 of the CPR may we confirm that we have extended the period for filing a defence for an additional period of 28 days from the date of this letter.

In the meantime we have ordered the supporting documentation from our client to prove our claim.

With reference to your fourth paragraph may we also refer you to the CPR Rules PD 7c 1.4 (4) as this claim was issued electronically we do not have to attach copies of the particulars of claim."

 

So they are giving me an extra 28 days! Surely my defence had to be in by 28 days after issue (+5) as stated on the Court form. It is in now anyway.

I have to wait for the information.

Is this correct that they do not have to supply me with the particulars of the claim as they have been raised electronically? Sounds very, very dodgy to me. How am I to know what the claim is about?

 

Secondly, the Court letter from Brighton County Court.

 

This is basically a confirmation of my Defence being filed.

The hearing has been moved to my Local Court (thanks DD).

And I have to fill out an Allocation questionnairre.

 

Any thoughts?

yeats

[Desperate Daniella]

Hi Yeats,

 

Firstly I thought it sounded dodgy as well, but I think they are referring to not sending another copy of their original particulars of claim.

 

Also if you as the Defendant didn't ask for the time extension they did, which would make me think they are not ready. Why haven't they got their supporting documents already.

 

Are you on Cunning Plan's thread? Amex just discontinued their claim prior to a scheduled directions hearing. No exact details yet, but do go on that thread if you aren't already.

 

DD

[MrMT]

Subbing

[Yeats]

I'll have a look at that thread DD, thanks.

The thing about the particulars of claim is that I don't know what they are. On the court form it just states the amount of money and interest rate, nothing else. I have another CCJ going and on that claim form it notes the Default Notice and other stuff (if I remember correctly). They have not issued me with a copy of the Default Notice or the Letter of Assignment, so I assume this is why they haven't put them on the Court claim form.

yeats

[shakespeare62]

I'd certainly verify with the Court any assertions Brachers make to you that you can submit your defence late ...(I mean you've submitted it now but - just for future ref)

 

subbing with interest ...

[Yeats]

Thanks Shakespear.

Being a bit nieve, how should I do this?

Send a letter to the Court pointing out their offer, with a copy of the letter?

yeats

[Yeats]

I have been scanning other threads for advice on filling out the Allocation Questionnaire and seem to have a bit of a problem.

The fee stated on the covering letter is £35, which, I understand is the amount required for small claims( up to £5000).

But the alleged debt far exceeds this amount (£8000), so is the fee £200 for fast track?

I'm slowly trudging through the form, but am not the best at filling out forms.

[the_shadow]

I have been scanning other threads for advice on filling out the Allocation Questionnaire and seem to have a bit of a problem.

The fee stated on the covering letter is £35, which, I understand is the amount required for small claims( up to £5000).

But the alleged debt far exceeds this amount (£8000), so is the fee £200 for fast track?

I'm slowly trudging through the form, but am not the best at filling out forms.

 

I thought if your the defendant you dont have to pay unless your counter claiming. Its the claimant that has to pay?

 

This should explain it click here

[Yeats]

Thanks for the link pmw.

Definitely states there that the Claimant has to pay the fee.

It strange why it states that I have to pay £35 when the claimant should be coughing up the £200!

Do you think I should ignore this, as it has come from Brighton CC (got the hearing moved locally)?

yeats

[the_shadow]

Thanks for the link pmw.

Definitely states there that the Claimant has to pay the fee.

It strange why it states that I have to pay £35 when the claimant should be coughing up the £200!

Do you think I should ignore this, as it has come from Brighton CC (got the hearing moved locally)?

yeats

 

If your not counter claiming then I'd give the Brighton court manager a ring on monday morning and seek advice, sounds like it might be a clerical error?

 

Its never wise to ignore something sent from the court, even if sent in error.

[Yeats]

Thanks pmw.

I am currently filling out the Pre-action protocols on the AQ and would like some advice on the response that was sent to my CPR 31 request:

 

"In accordance with the part 15.5 of the CPR may we confirm that we have extended the period for filing a defence for an additional period of 28 days from the date of this letter.

In the meantime we have ordered the supporting documentation from our client to prove our claim.

With reference to your fourth paragraph may we also refer you to the CPR Rules PD 7c 1.4 (4) as this claim was issued electronically we do not have to attach copies of the particulars of claim."

 

I have looked at CPR 7c 1.4 and am still none the wiser (sorry) as to wether they are correct.

 

Help!

 

yeats

[Yeats]

Apologies, here is the relevant section of the CPR:

 

(4) Paragraph 7.3 of the practice direction supplementing CPR Part 16 (statements of case), which

requires documentation to be attached to the particulars of contract claims, does not apply to

claims to be issued by the Centre.

[the_shadow]

Apologies, here is the relevant section of the CPR:

 

(4)

Paragraph 7.3 of the practice direction supplementing CPR Part 16 (statements of case), which

requires documentation to be attached to the particulars of contract claims, does not apply to

claims to be issued by the Centre.

 

Hi Yeats,

 

I'm afraid I dont know but if may be worth posting a message in the legal section for specific help with your case, you can find it here If you either post a full message or just one pointing back to your case here and hopefully you'll get more advice.

 

Sorry I cant be much more help.

 

PmW

[creditcardmug]

Hi, I assume the claim was issed in Northhampton? this is the only court where they are excused from serving documents with the claim, because its a bulk centre, (one of the reasons so many of them use it).

 

I assume you have form N150? you can use this for section C, amend to suit if necessary, let me know if you need any other help with the AQ

 

Section C

 

 

This case is not covered by any approved protocol, I have tried to act reasonably in exchanging information/documents relevant to the claim, however the claimant has been unco-operative.

On the DATE I wrote to the claimant requesting information pursuant to the CPR 31.14, in order that I could investigate their Particulars of Claim, and file a suitable defence. A copy is attached to this form.

 

The claimant has not replied

[Yeats]

Brilliant CCM.

 

The claim was not issued in Northampton, but in Brighton. Therefore the particulars of claim SHOULD have been attached to the claim form from Brighton County Court.

So I guess that this can be pointed out in the pre-action protocols (section C)?

yeats

[creditcardmug]

Its not really pre-action, so you could put it in the other information section, of course its a point which should have already been made in the defence, (not looked at that).

 

Since it was issued in Brighton, then pursuant to the CPR all the documents mentioned in the POC should have been served with the claim, so to that extent its an abuse of process.

[Yeats]

So the PoC should have been served with the claim form, as I thought.

They are trying to convince me otherwise, so it doesn't go in the defence.

I did put about the lack of PoC in the defence anyway, but I shall amend the other info. sheet (already done) to include their attempted hoodwink and use your advice for Section C (thanks again).

yeats

[shakespeare62]

The link below contains an excellent example in helping you to complete the Allocation Questionnaire (form N150) and Draft Order for directions following Embarrassed pleading for insufficient particulars of claim

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/175566-upto-eyeballs-cl-finance.html#post1896634

 

I believe section H is where you get an opportunity to give 'Brachers' a 'slagging off' for failing to send required docs with the POC.. (you'll see from Andy Orchs example in the above link)

 

I guess you could add a 'qualifying bit' (as mentioned by Credit Card Mug) emphasizing that the claim was issued out of Brighton County Court not the Bulk Centre, so pursuant to the CPR XX all the documents mentioned in the POC should have been served with the claim, and you believe to that extent, their failure to do so is an abuse of process...

Edited February 28, 2009 by shakespeare62
edited typos

[shakespeare62]

You can also omit from the Draft Order for directions, the bullet points for notice of assignment, and document / contract or deed of assignment.

 

This is because Amex is the original creditor and the debt has not been sold on to another Debt Collection Agency (probably because no one wants to buy it - as its basically worthless without the original agreement - unless of course Brachers can persuade you to enter into a new agreement under cover of accepting a 50% reduction etc...which you are unlikely to do )

 

So there will be no notice of assignment, or deed of assignment.

[Yeats]

Thanks again Shakespeare.

I'll check out the link and act accordingly.

Thanks for explaining about the Amex - no Notice of Assignment too.

I'll keep you informed.

yeats

[Yeats]

Checked out the recommended thread Shakey, and found it very useful and I am going to take CCM's advice given there.

Just one thing I need to clarify (and get right) is the date of the making of the case management directions. When does this occur?

yeats

[shakespeare62]

Checked out the recommended thread Shakey, and found it very useful and I am going to take CCM's advice given there.

Just one thing I need to clarify (and get right) is the date of the making of the case management directions. When does this occur?

yeats

 

I'm not sure offhand, you could phone the Court and ask. Alternatively you could ask a member of the site team e.g. 42Man who is 'up to speed' on these matters...(I'll pm him later for you).

[Yeats]

I would appreciate that Shakespeare.

yeats

[creditcardmug]

Hi if your using the directions i gave in post 13 of that thread, you dont fill in where it says (date), the judge does that, you just fill in where the xxxxs are.

 

Also check that everything there applies to your case, as they are all different

[Yeats]

Thanks CCM.

I think it all relates to the case, as they have not provided me with a CCA (App. form with a copy of apparently unrelated T&C), a DN, a Notice of Assignment or the statements requested under the CPR 31.14 I sent to Brachers!

yeats