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Amex taking me to court - any advice - *** WON ***


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Its not always the case,but if a request is made then it does get moved there.Sometimes there are ongoing issues such as DCAs and defaults etc so they can stay in those forums.

Will move this to legal now.

Thanks for the notification.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Aha, I see. Thanks Martin. :)

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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No response received so far....

 

Presuming of course that they do respond at all.

 

Can anyone tell me what I need to prepare for the case management hearing? I am not really sure that I am sure about this.

 

Thanks you all.

Pandora

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Hi PN,

 

When you attend the hearing, just take a file containing all letters and other relevant documents, properly arranged so you can find anything quickly if the judge asks for it. Update your SOC and print off a copy to take showing your charges and interest to date.

 

Go through it all carefully beforehand so you are clear on:-

 

1. What has happened to date.

 

2. What items they have failed to supply.

 

3. Why the doc'ts they've supplied leave the a/c unenforceable in your view.

 

4. How you want this all resolved.

 

It really should be a formality but will be good preparation in case you have to attend any further hearing. :)

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Well tomorrow is the case management hearing - thanks, Slick for your advice. I am busying double checking everything, but feeling completely uneasy about it. Have had no word from Brachers at all since my letter at the beginning of next week.

 

Just hope I don't completely fall apart tomorrow :smile:

 

Just a quick (okay two) questions:

The papers from the court say that the case could be transferred to another court - would this happen, can I still request it be held at my local court?

 

And, is this really just to decide next steps, ie if Brachers haven't supplied the correct information, etc, that they are asked to do so, etc, or could he actually decide the case has no merit and put a stop to it, etc. Just trying to figure out what could happen so I am prepared and not caught out?

 

Thanks,

Pandora

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Pandora,

 

I just wanted to wish you all the luck in the world tomorrow.

 

Forgive me for not going back to the beginning of your thread to remind myself where your case is being heard. If it is Brighton, home of Amex, you really do need to get it moved, and as a litigant in person you have every right to do that. You really don't want to be on their home ground.

 

I suppose the judge could throw it out, but unfortunately I have read so many threads here where the judges appear to fall over backwards to give the banks more time to find their 'evidence' which of course stresses out anyone going up against them.

 

You are being very brave to stand up to them.

 

Love,

Daniella xxx

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Thanks Daniella - am shaking in my boots!!

 

It has been transferred to my local court - so will have to see what happens.... trying to get my head around exactly what I am saying tomorrow - all sense seems to have disappeared tonight!

 

Thanks for your wishes.

 

I will post tomorrow to let you know what happened.

 

Pandora

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Hi PandoraN,

 

Everyone reading this who has been to court (me included) will know how your nerves feel but that's normal. :cool:

 

The case is unlikely to be transferred but most listings mention the possibility. It would still be relatively local anyway.

 

Stick to the advice in post #104 above so you know where you are at with this, and what you want.

 

The judge should recognise that, as a Litigant in Person, you will be nervous and allow for this.

 

Do well tomorrow and let us know how it goes. :)

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Oh, and read this post from a court First Timer - http://www.consumeractiongroup.co.uk/forum/barclaycard/166141-providian-then-monument-then-4.html#post2042535

 

She did fine, and so will you. :cool:

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Hi PandoraN,

 

Everyone reading this who has been to court (me included) will know how your nerves feel but that's normal. :cool:

 

The case is unlikely to be transferred but most listings mention the possibility. It would still be relatively local anyway.

 

Stick to the advice in post #104 above so you know where you are at with this, and what you want.

 

The judge should recognise that, as a Litigant in Person, you will be nervous and allow for this.

 

Do well tomorrow and let us know how it goes. :)

 

Thank you - I have to say I feel so anxious that I am not sure that I can talk straight! It's at 12.00 tomorrow, so will post up news after that. Thanks for your help Slick, you've all been tremendous.

Pandora

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I WON, I WON, I WON!! :D:D:D:D:D:D

 

Got to court 15 mins before the hearing, and the court usher mentioned that Amex's solicitors were already there and would like a word....

 

The solicitor said that they wanted to settle, and presented a consent order confirming that Amex will pay me the full amount of my counter claim (which includes statutory interest) by mid April and that both their claim and my counter claim would be withdrawn.

 

My response was (and I have to say I was dead nervous about saying it), that I would be more than willing to settle, however I insist on any defaults being removed as part of the agreement. He made some calls, and advised that Amex agreed to that. He tried saying that the agreement on the consent order would mean that there are no negatives on my credit record. I then said that they would already have been applied and therefore it must include the specific removal of the defaults/negative information on my credit record on the consent order.

 

We went into the judge, and for a minute I thought it would go completely pear shaped.

 

His first question to me was - have I not had any dealings with Amex before and therefore where were the documents that I was requesting?..... he was a bit grumpy with me.

 

Fortunately Bracher's solicitor mentioned that we had an agreement, and that he had a consent order, so the judge requested to see this, and immediately had a go at the solicitor - asking him if he knew what a Tomlin order was, and why he was being presented with a consent order... the judge went off and got copies of the consent order for me, and a copy of the Tomlin order details for both of us, and then proceeded to write up what the consent/Tomlin order should say, passed me his notes and asked if I was happy with that - I agreed I was.

 

And that was that!!!

 

When we left, the solicitor said he learned something new today :lol:

 

I cannot say thank you enough to all of you for helping me and supporting me on this - I absolutely could not have done it without your help and this brilliant site.

 

As soon as I get the payment through, I shall be making a very fat donation to CAG.

 

PS. One thing I can't get my head around - Amex were claiming £580, my counter claim was for $450 plus interest at 8%, they are zeroing the balance on my card, plus paying me the £450 plus 8% and removing the defaults?????

 

I am not arguing it, but I think someone has got their sums wrong? A big thanks to Monty and Slick for keeping in the refund of charges in the suggested letters - otherwise I would have just put zero account balance and default removal!!!!!!

 

I am so pleased with myself that I feel almost sick:-)

 

Pandora

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I WON, I WON, I WON!! :D:D:D:D:D:D

 

Got to court 15 mins before the hearing, and the court usher mentioned that Amex's solicitors were already there and would like a word....

 

The solicitor said that they wanted to settle, and presented a consent order confirming that Amex will pay me the full amount of my counter claim (which includes statutory interest) by mid April and that both their claim and my counter claim would be withdrawn.

 

My response was (and I have to say I was dead nervous about saying it), that I would be more than willing to settle, however I insist on any defaults being removed as part of the agreement. He made some calls, and advised that Amex agreed to that. He tried saying that the agreement on the consent order would mean that there are no negatives on my credit record. I then said that they would already have been applied and therefore it must include the specific removal of the defaults/negative information on my credit record on the consent order.

 

We went into the judge, and for a minute I thought it would go completely pear shaped.

 

His first question to me was - have I not had any dealings with Amex before and therefore where were the documents that I was requesting?..... he was a bit grumpy with me.

 

Fortunately Bracher's solicitor mentioned that we had an agreement, and that he had a consent order, so the judge requested to see this, and immediately had a go at the solicitor - asking him if he knew what a Tomlin order was, and why he was being presented with a consent order... the judge went off and got copies of the consent order for me, and a copy of the Tomlin order details for both of us, and then proceeded to write up what the consent/Tomlin order should say, passed me his notes and asked if I was happy with that - I agreed I was.

 

And that was that!!!

 

When we left, the solicitor said he learned something new today :lol:

 

I cannot say thank you enough to all of you for helping me and supporting me on this - I absolutely could not have done it without your help and this brilliant site.

 

As soon as I get the payment through, I shall be making a very fat donation to CAG.

 

PS. One thing I can't get my head around - Amex were claiming £580, my counter claim was for $450 plus interest at 8%, they are zeroing the balance on my card, plus paying me the £450 plus 8% and removing the defaults?????

 

I am not arguing it, but I think someone has got their sums wrong? A big thanks to Monty and Slick for keeping in the refund of charges in the suggested letters - otherwise I would have just put zero account balance and default removal!!!!!!

 

I am so pleased with myself that I feel almost sick:-)

 

Pandora

 

:lol: Oh well done you. Grumpy he might have been, but it does appear as though the DJ was looking out for your interests. The very fact that he has written it up for you as well means there can be no "messing" around. I am so very pleased for you.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi PN,

 

Well done for keeping going with this - delighted for you.

 

CONGRATULATIONS :D

We could do with some help from you

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Well done :D

 

asking him if he knew what a Tomlin order was, and why he was being presented with a consent order...
PMSL :D

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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