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    • The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   2. Paragraph 2 is denied. The claimant pleads that the defendant failed to maintain the required payment, arrears began to accrue. Given that the claimant has failed to comply with my CPR 31.14 request and failed to evidence such fact and would not be in a position as Assignee of debt to know the details of any alleged breach. The defendant has never received a Default Notice from the original creditor. As the claimants plead in their particulars precise knowledge of the default, they are put to strict proof to evidence such fact.   3. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • I will get my son to upload the video when he gets in. No down hill slope just a small  gradient and from the turning he came out of its maybe 15 shops until the traffic lights. Maybe it didn't get faster but he feels like it did (not clear on the video)  I'm picking him up from work tonight I'll pay attention to the gradient when I go back.   He'd only changed up to 2nd so he wasn't driving fast    Upside he knows now to always be prepared for ice  
    • Not sure why you keep changing your point 1 back to .....   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   We you the court the claimant already knows ......The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. its on the claim form.   Keep it as post #59 add post #66 renumber job done.
    • Hi all   Update, so they still have not provided any statements/documents etc regarding the account (I have the original SAR though) and since the beginning of October I have received a letter stating that they believe the debit is not SB because a payment of £340 was made April/May 2014 (this is credit and refund mentioned earlier in the thread). They have so far not received the statements etc from the bank but will forward them on due course, but if I should contact them to arrange a payment plan.   I have since had a offer of a 50% settlement and then last week a 75% settlement. My view is that they are just hoping I will bite and pay them something but that is not going to happen, I have not communicated to them since that single telephone conversation back in July.   The one thing I have noticed when I use Check My File is that the account status was changed November 7th to Query at Equifax, even though the default expired on November 4th so it should have disappeared by now. The original Satans Bank default was removed on time, but the Cabot account reference is still there albeit not negatively impacting my score it just has a status of 'Q' against November and the balance showing. There is no history showing before November it almost looks like a new account was setup with a Query status against it.   Does anybody have any idea of what is going on here? The cynical side of my is thinking they are forcing me to get in touch with them in writing about the account before their incorrectly perceived April/May SB date passes. I know Equifax does take longer for updates compared to the others agencies and in a few weeks it may be gone.   I'm just wondering what peoples views are, personally my credit score is almost in the excellent bracket and I'm not planning to get any credit soon so it makes no difference to me for now.
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Pandora_nini

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

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Hi BRW, have just noticed that you're online, and wondered if you could help me ?

 

I am just completing the letter to go to Brachers this afternoon (need to fax and post it today), and in my last para where I confirm that I will pursue my counterclaim, I was wondering if it would make more sense if I said:

 

Unless your client is able to revise their offer to reflect the above, I will pursue my counter claim through the Court for the full amount and the removal of any Default or Termination notices under Section 14(1) of the Data Protection Act 1998 from their records and additionally advise any third parties, such as credit reference agencies of this.

 

I realised when reading it through that I wasn't giving them option to come back to me with a more reasonable agreement, but not sure if I can/ should say this?

 

Sorry to ask you direct, and you may not be sure, but any other opinion would be most gratefully received! :)

Edited by Pandora_nini
highlighting what had changed in the letter

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Hello PN!

 

One last thing before I head off to my pit...

 

If you can, get a Copy of Patricia Pearl's book:

 

 

 

The link takes you to the CAG PayPal Screen where you can buy it on-line.

 

It's very good, and may fill in some of the blanks for you.

 

Cheers,

BRW

 

 

I have just ordered it..... thanks!

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Hello PN!

 

They did say that it should have automatically been transferred, so they can't see an issue with it!

 

Only issue could be if the Judge plays Golf with the Directors of Amex at the Brighton Golf Club and/or likes to roll up one trouser leg with the same people for a good spanking session at the Brighton Freemason's Lodge!

 

All being well the Judge is not influenced by Amex, and will agree to the Transfer without hesitation.

 

If not, then you will need to force the Court to move the case to your Home Court.

 

Let's see what gives after 16:00 today!

 

Cheers,

BRW

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Hello PN!

 

 

 

Only issue could be if the Judge plays Golf with the Directors of Amex at the Brighton Golf Club and/or likes to roll up one trouser leg with the same people for a good spanking session at the Brighton Freemason's Lodge!

 

All being well the Judge is not influenced by Amex, and will agree to the Transfer without hesitation.

 

If not, then you will need to force the Court to move the case to your Home Court.

 

Let's see what gives after 16:00 today!

 

Cheers,

BRW

 

 

:eek: #Shock horror, that doesn't happen does it? All honest and above board, surely ???:eek:

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Hi BRW, have just noticed that you're online, and wondered if you could help me ?

 

I am just completing the letter to go to Brachers this afternoon (need to fax and post it today), and in my last para where I confirm that I will pursue my counterclaim, I was wondering if it would make more sense if I said:

 

Unless your client is able to revise their offer to reflect the above, I will pursue my counter claim through the Court for the full amount and the removal of any Default or Termination notices under Section 14(1) of the Data Protection Act 1998 from their records and additionally advise any third parties, such as credit reference agencies of this.

 

I realised when reading it through that I wasn't giving them option to come back to me with a more reasonable agreement, but not sure if I can/ should say this?

 

Sorry to ask you direct, and you may not be sure, but any other opinion would be most gratefully received! :)

 

Any opinion on the addition to the letter? Thanks

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Can I email this letter to them as well as posting it recorded delivery - or should I just fax and post it?

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Hello PN!

 

How about this:

 

Further to your letter dated 20th January 2009, received 29th January 2009, please be advised that I would be more than happy to consider settling this matter out of Court.

 

However, whilst I have provisionally consented to the use of a mediation service, upon reflection, I cannot now see any benefit in doing so. The costs outweigh the advantages, and such mediation would work in the Claimant's favour by denying me the right to a full hearing where the fatal weaknesses in the Claimant's position can be seen and reviewed by a Judge.

 

I am unable to accept your settlement of £460 for the following reasons:

 

(1) I have yet to receive any evidence that an original properly executed Regulated Credit Card Agreement exists. Despite repeated requests, no such evidence has been provided, either by the Claimant or by their Agents or by yourselves.

 

(2) I have not received a true copy of the original Default Notice.

 

(3) The Claimant knowingly charged me Unlawful Penalties totalling £447.00. My counterclaim is for £447.00 and £141.16 interest under Section 69 of the County Courts Act 1984 resulting in a total counter claim for £588.16 as at 22 November 2008. I should also be entitled to Contractual Interest in addition, and may seek to amened my Counter-Claim accordingly to include this further sum to which I am entitled.

 

From the above, it is therefore clear that your client has chosen to pursue this course of action knowing that their Claim is without merit, as it is wholly made up of Unlawful Penalty Charges and interest that your Client has charged against these Penalty Charges.

 

Unless your Client is willing to be reasonable, I will have no alternative but to pursue my Counter-Claim through the Court for the full amounts above. In addition, I will seek the removal any Default or Termination notices under Section 14(1) of the Data Protection Act 1998. All adverse data must also be removed from third party records such as Credit Reference Agencies.

 

I look forward to your considered response, in due course.

 

The Mediation issue could, potentially, be why the Case has been stuck at Brighton...i.e. they may've booked that already...or should I say Amex have made sure it was booked at Brighton, knowing full well that would cause the Case to stay at Brighton too!

 

That's why I feel you may need to pull out of the Mediation issue pronto!

 

Cheers,

BRW

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Hello PN!

 

Can I email this letter to them as well as posting it recorded delivery - or should I just fax and post it?

 

I'm a great fan of email, but I think it should be avoided if possible when dealing with legal issues via slippery lawyers/bankers!

 

Do always remember that if they possibly can, then they will always use a means to communicate that is not accountable.

 

Like the Telephone.

 

Like email.

 

It may be OK to send them something via email, provided you make it clear it's a one-off. You will not otherwise communicate with them other than in writing and via Paper!

 

Anything they send you must be on a Letterhead, because then it is hard evidence. You get the original copy!

 

An email, on the other hand, could be classed as Hearsay Evidence. Proving what you get and what was sent, is much harder, not impossible, just a lot harder.

 

The best is always a nice fancy letterhead with the letter in the middle and their signature at the end. Then whatever they say in that letter, is evidence...even if they hide behind a Without Prejudice heading, it's still always better to have hard copy than a vague telephone conversation or a plain email that is hard to link back to them.

 

Rule Number One = Keep everything in writing.

 

Rule Number Two = see Rule Number One!

 

Cheers,

BRW

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Thank you BRW, you are such a star, it reads so much better than mine! I am going to email it and post it today recorded delivery. They have given me until 7th (tomorrow) 4pm to respond, so if they get it today then they can't complain.

 

I haven't actually agreed to the mediation thing yet.....

 

I am going to get this letter sent now.

 

Be in touch in a bit when I have spoken to the court

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Hello PN!

 

They have given me until 7th (tomorrow) 4pm to respond, so if they get it today then they can't complain.

 

That's a Deadline they appear to have set themselves!

 

Don't worry about ignoring that if so.

 

I make a point of always ignoring any such silly deadlines that the bankers or their lawyers try to impose.

 

If/when I do respond, it's always after their Deadline just to make a point that it had no validity.

 

Their aim is always to set the agenda and timescales. If you let them, they'll soon have you jumping through hoops for them, followed by a range of Circus tricks for them after that!

 

Cheers,

BRW

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Hi have emailed the letter to my other half and he is going to fax it off to them before 4.00pm. will post a hard copy to them by recorded delivery, good advice on the email.

Thank you again.

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Great news, BCC have just confirmed that the case will get transferred to my local court, and that the date of 25th Feb is no longer applicable, and that my local court will be in touch with a new date!! BCC also confirmed that they would be writing to me to confirm this.

 

And have faxed off the letter to Brachers, so will see what happens there!

 

I'll post an update as soon as I have any news.

 

Thanks to you all for responding so quickly in the last couple of days - you've been a huge help.

Have a good weekend.

x

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Great news, BCC have just confirmed that the case will get transferred to my local court, and that the date of 25th Feb is no longer applicable, and that my local court will be in touch with a new date!! BCC also confirmed that they would be writing to me to confirm this.

x

 

Well done Pandora, watching with interest... keep up the fight:)

 

PmW


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Hello PN!

 

Great news!

 

That was important, as getting it away from their Home Court was important.

 

I'm sure the Court is fair and the Judges don't all play Golf with Amex but, that potential exists, so you could not afford the risk.

 

The local Council down there is very pro-Amex...because of the revenue. If in doubt, just do some Googling and you'll soon see what I mean. There's Amex local football teams, sponsorship, advertising.

 

Amex are a large fat fish in a comparatively small pond.

 

Put another way, can you imagine an anti-Amex Judge lasting very long in Brighton?

 

I can't say you'll ever have a level playing field, but the steep slope against you has just tipped your way a little.

 

Cheers,

BRW

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Hello PN!

 

Great news!

 

That was important, as getting it away from their Home Court was important.

 

I'm sure the Court is fair and the Judges don't all play Golf with Amex but, that potential exists, so you could not afford the risk.

 

The local Council down there is very pro-Amex...because of the revenue. If in doubt, just do some Googling and you'll soon see what I mean. There's Amex local football teams, sponsorship, advertising.

 

Amex are a large fat fish in a comparatively small pond.

 

Put another way, can you imagine an anti-Amex Judge lasting very long in Brighton?

 

I can't say you'll ever have a level playing field, but the steep slope against you has just tipped your way a little.

 

Cheers,

BRW

 

I was a student in Brighton for 3 years, most of it is a haze but I do recall quite a few Amex buildings. Little did I know at the time how my associated with that Costal town would develop........... that's irony for you!

 

PS. EDITED

Edited by slick132
comments could cause offence

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I think Gordon (for F's sake) Ramsey did one of his Kitchens from Hell series down there!

 

Sounds like Amex is made for the place (or vice versa).

 

Cheers,

BRW

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I received the court order yesterday confirming the transfer of the case to my local court - and not a peep from Amex in response to my letter. Maybe they're peeved about the transfer :eek:

 

I'll update when and if I get a response from Brachers/Amex.

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Guest dvdriley

I'll bet they are!!

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At long last, some news:

 

Received a note from my local court a few days ago, with a date in a couple of weeks for a case management hearing, and then last night came home to a letter from Bracher's:

 

Offering to withdraw their claim if I withdrew my counterclaim given the economies of the case :lol::lol::lol:. They have included a consent form for me to sign and return as soon as possible...... the only thing is they have made no reference to my request to remove the default.

 

I really want this default removed, so will write back and agree to withdraw the claim provided the default is removed from all credit reference agencies in the next 14 days? Can I do this, does anyone have any thoughts on this? I feel like I am on a stronger footing given that they want to withdraw :grin:

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Looks like they are ready to back down.

 

And I don't think they are simply looking to compromise because of the economics - if they had a valid Credit Agreement they'd pursue this. If you want the default removed, now is the time to do it.

 

Letter to Amex:-

 

Dear sir or madam,

 

I have received your letter of xx March, the contents of which are noted.

 

I will not withdraw my counterclaim and confirm my intention to seek:-

 

1. Full refund of all unlawful penalty charges plus interest up to the date of settlement.

 

2. Removal of the Default registered for this account.

 

If your client will not agree to these terms, I am happy to let the matter be decided in court.

 

I assume that you are still unable to provide the executed credit agreement, as requested previously, but I now require your confirmation on this point. In the absence of this specific document, your client's claim against me is bound to fail.

 

I look forward to your prompt reply, bearing in mind the forthcoming hearing set for xx date.

 

Yours failthfully,

 

Pandora

:cool:


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Looks like they are ready to back down.

 

And I don't think they are simply looking to compromise because of the economics - if they had a valid Credit Agreement they'd pursue this. If you want the default removed, now is the time to do it.

 

Letter to Amex:-

 

Dear sir or madam,

 

I have received your letter of xx March, the contents of which are noted.

 

I will not withdraw my counterclaim and confirm my intention to seek:-

 

1. Full refund of all unlawful penalty charges plus interest up to the date of settlement.

 

2. Removal of the Default registered for this account.

 

If your client will not agree to these terms, I am happy to let the matter be decided in court.

 

I assume that you are still unable to provide the executed credit agreement, as requested previously, but I now require your confirmation on this point. In the absence of this specific document, your client's claim against me is bound to fail.

 

I look forward to your prompt reply, bearing in mind the forthcoming hearing set for xx date.

 

Yours failthfully,

 

Pandora

 

:cool:

 

Thank you Slick for your prompt reply. I am probably being a bit dense, but I don't want to continue the counterclaim as it almost exactly balances out the amount they claim is outstanding on the account bar £9.00 (incl statutory interest), but I do want the default removed..... so should I really be saying that I won't drop the counter claim for the unlawful charges, etc?

 

Sorry, it is probably me not quite "getting it".

 

Thanks

Pandora

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Hi Pandora,

 

See what others think, but my opinion is you should not back down at all.

 

Without the Credit Agreement, they have no basis to proceed with the claim against you - end of story.

 

But you still have the right to reclaim penalty charges and interest AND to have those charges repaid to you direct. As opposed to them being off-set to reduce the account balance.

 

If you choose to settle the account with them, that is your prerogative, but they cannot have this enforced by a court.

 

This strategy keeps you in control and you're better palced to seek the Default removal, either before, or in, court.


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Hello PN!

 

Just a flying visit as a little busy at the moment.

 

See what others think, but my opinion is you should not back down at all.

 

I agree with Slick132, don't back down!

 

Cheers,

BRW

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Hi Pandora

 

I also agree with BRW and Slick. Amex/Brachers have undertaken litigation against you and in the process trashed your credit ratings. There are many cases on CAG where this will be removed by the court given that, in your case, they had imposed unfair charges on your account.

 

Amex have now realised that their bluff and hot air has not worked on you and they are now seriously heading for the brown stuff. Hence they are having Brachers try to come to a settlement with you. If is unlikely that they will conform to your CRA corrections, hence you should continue with this action.

 

You will get all the support and help you need on here, stick with it!

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