Amex Credit Card Application From Enforceable?

[shakespeare62]

Yeats - Pandora Nini - on whose defence yours is based, has won today against Amex. Their solicitors caved in outside the Court Room Door. see link below :-

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/165346-amex-taking-me-court-6.html#post2045001

[Yeats]

Update on this,

 

I received a "Notice of Case Management Conference" letter a while back from the local Court, for a telephone conference.

 

I have been busy lately, but thought I had better act as this is now only a couple of weeks away.

 

Could someone please explain what happens at this hearing and what I am supposed to do?

 

I am a bit wary about the Brighton thing and the passage at the bottom of the letter "this case may be released to another Judge, possibly at another court."

 

thanks,

 

yeats

[Yeats]

Bump

[Yeats]

Any takers?

I have only got about a week now!

yeats

[Yeats]

Help!

[Desperate Daniella]

Hi Yeats,

 

Press the emergency triangle on the left and leave a message for one of the site team to help you.

 

Sorry I don't know what to do here.

 

DDxx

[Yeats]

Thanks DD,

maybe this needs to be moved to Legal?

[blazer666_uk]

How's it going then?

[Desperate Daniella]

Possibly. Hopefully you'll get an answer from the site team soon.

[Desperate Daniella]

By the way, have you asked them about securitisation yet? They are avoiding answering that question. It could throw a last minute spanner in the works.

[Yeats]

Thanks for all your input.

 

I don't know what securitisation is DD. Could you explain it for me?

 

Coincidentally, I received the Case Summary and proposed deirections from Brachers today.

 

I shall post them up with the DN as soon as I remove the details.

 

Thanks again

 

yeats

[Yeats]

Thanks for that DD.

By the way, what is securitisation?

 

Meanwhile, I today received the Case Summary put forward by Brachers, regarding the impending Case Management Conference.

 

Should I put this up here, or just type what is in it?

 

I have also been provided with a copy of the DN...and it's faulty as they have given me 14 days from the date of letter!

I have been provided with a legible copy of the Application Form and there is absolutely no reference to any documents overleaf either.

 

Anyway, I shall post these up with the Brachers documents if advised by you trusty folk.

 

yeats

[Yeats]

Bump.

[mandyjayne]

bumping for you Yeats...did you red triangle for help??

 

all the best

 

MJ:)

[Desperate Daniella]

So sorry, Yeats. I was working until very late last night and didn't get back on the site until now.

 

I don't fully understand securitisation, but basically it appears that a lot of companies securitise their accounts - they sell them on as a job lot to a third party, so the argument is that they no longer own the debt and shouldn't be trying to collect it. The whole thing is covered in Well Amex declines to answer Securitisation Question

 

I asked them about securitisation in my last letter and they basically said it is none of my business. Haven't got round to writing back to them yet, but will probably follow angry cat's advice (as you'll see on that thread) to ask them for a notarised statement saying the account hasn't been securitised, which is why I am wondering if this could help you now. They won't answer, so the account is probably securised. Amex apparently is known for securitising their accounts.

 

Anyway, have a look at the thread. Hope it helps.

 

DDx

[Desperate Daniella]

I would post up the Brachers stuff, and hit the red triangle again.

 

Sorry for not going back to the beginning of your thread. I think you have already quoted the Tuckey judgment about everything being within the four corners of the agreement to them?

 

DD

[the_shadow]

Thanks for that DD.

By the way, what is securitisation?

 

DD has explained below with a pointer to the main thread on it, basically its selling the future revenues(card payments) and receiving a lump sum up front, your card payments are basically repaying the loan that Amex got from a securitisation trust vehicle(these are normally based in low or no tax countries, jersey/bahamas)

 

Meanwhile, I today received the Case Summary put forward by Brachers, regarding the impending Case Management Conference.

 

Should I put this up here, or just type what is in it?

 

If there are directions you are unsure of then yes, make sure you remove anything personal this includes barcodes/reference numbers etc. Yesterday in a court case a CAGGER had there default notice produced from the online copy posted up:eek:

 

I have also been provided with a copy of the DN...and it's faulty as they have given me 14 days from the date of letter!

Standard Amex rubbish then. Post it up as per above if you like.

 

I have been provided with a legible copy of the Application Form and there is absolutely no reference to any documents overleaf either.

 

As above.

 

S.

[Yeats]

Thanks for the info.

 

Here is the documentation:

 

 

 

 

 

 

 

 

[the_shadow]

Hi Yeats,

 

Ok,

 

I've not seen your defence but the application they have provided doesnt have the prescribed terms in as I'm sure you are aware.

 

Also in their Claim they are asking for s69 interest, they arent allowed to do this on a CCA regulated claim. I can find the section in CPR if you need it.

 

The Default notice does in deed only state 14 days from date of letter, who is to say when it was received.. have you read Zanzibaars (not very good at spelling, sorry) threads, its a biggy also vs amex but the judge stated the default notice was invalid due to this date mismatch, you MUST be given 14 calander days to rectify.

 

S.

[Yeats]

Thanks Shadow.

 

I am still uncertain as to what I have to do here.

 

I have until Monday afternoon to get my documents into the Court, but have obviously contested the CCA and the DN ( I did not have one at the time of their CCJ claim and only received after a CPR request) when I replied to the CCJ claim form.

 

But now, I can see the Application Form more clearly and now KNOW there is no reference to any T&C overleaf.

 

I now KNOW that the previously unseen DN is faulty.

 

I KNOW that they are claiming illegal charges on the account , if the CCJ is granted.

 

They are also claiming interest of 8% per annum from the date of termination of BOTH? accounts (thought I only had one!) persuant of section 64 of the County Courts Act 1984 and costs incurred. I thought (and Shadow has pointed out) that you could not claim interest on a terminated account.

 

I have not received a copy of the TN.

 

I also have a letter from AE, stating that the alleged debt includes over £1500 of agency fees!

 

Summing up:

 

They have

 

No CCA, a faulty DN, have added illegal charges and want more illegal charges added IF they get a CCJ against me!

 

Remembering this is a telephone case management conference, what do I need to do?

 

yeats

[Yeats]

Bump

[maroondevo52]

Thread moved to Legal Issues.

[Yeats]

Thanks for moving this maroon.

 

I am just reading through some other threads concerning Amex, but still need some questions answered, as I need to get any documentation into the Court by tomorrow, for a telephone conference on Tuesday!

 

Firstly, what is a telephone conference and what do I need to do?

 

Do I need to formulate a new defence for this, or will the defence on my claim form suffice (I have been provided with a copy of the DN since then and it is faulty)?

 

Do I have to partake in the telephone conference and if so, when should I call the number on the Court letter?

 

Should the new defence be a lengthy affair, or should it just be a brief explaination, considering I have gone into detail on the claim form?

 

Thanks,

 

yeats

[Yeats]

Can anyone help with this?

 

Need some advice asap.

 

yeats

[Desperate Daniella]

Hi Yeats,

 

I've just red triangled you. Sorry I personally haven't got a clue, but I hope a legal site person will come along soon.

 

I don't know how Brachers expect to go forward with this - no CCA, and a faulty DN, etc. They do of course sometimes pull out at the last minute and I am hoping this is what happens for you.

 

DD