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    • Okay, let me start again. In terms of planning, is it not enough to say they don't have it since it's not shown on the council site? If not, if I ring Stockport planning would they put in writing that there's no planning?   I could contact the land registry to find out who the land owner is. If I contact them directly maybe they'll tell me if they have a contract in place. If they ignore my request too then should I be doing other things to find this out?
    • I think you will find that the time limit is 30 days – not 31 days. I wouldn't bother about the solicitor stuff. You don't need a solicitor. You simply need us because we don't charge any money and we are much more aggressive than the solicitors you will find anywhere. Also, you are offering the possibility of a repair instead of a refund. I would suggest that you don't do this. Simply assert your rights under the 2015 Act that you want to return the car and receive a refund plus any expenses you have incurred. This doesn't mean that you can't then negotiate a repair that it means that you have reserved your maximum rights under the act. Also, I understand that you have not had the work carried out. Unless you have actually had the work carried out and parted with the money, you will not be able to claim these costs. This means that the only thing you can do at present is to insist on a refund. Of course what could happen next is that the garage asked for the return of the car and they then carry out the work. The trouble with this is that I would not have confidence that the work would be carried out properly using new parts or good quality parts. Frankly I think that when I find myself dealing with this kind of garage, I would want to cut all ties with them completely. You may have further problems in the future and you will find that their attitude to you is even more difficult – especially if you force them into a corner to pay you your costs if you get the work done or if you force them to do the work. You have to realise that you aren't only depending on the garage to respect your consumer rights now, but also to support you in your ownership of the vehicle that they have sold you for at least the next two or three years. Having gone into conflict with them so early on in your relationship, I think it would have poisoned all of your dealings with them now and in the future and so I think that your best interests are served by getting your money back on going somewhere else. I think should consider this very seriously. Imagine that they repair the clutch and then a few months down the line something goes wrong with the gears, or the braking system or the suspension and you have to go back to them again. I think it's going to get very nasty. I see that you have been asked to identify the garage and you haven't done so. Are you trying to protect them? I suggest that you consider the comments that I have made here and draft another letter and posted up for our comments. However the letter should certainly be in the form of a letter before action rather than simply saying that you will huff and then you will puff and at the end of 14 days you will then get some help from somewhere. You need to be assertive and to take control. I appreciate you may not be able to do this on your own but we are here to help you and we will support you all the way. Start reading up a bit on this forum about bringing a small claim in the County Court. In addition to the lack of information about the dealer, I also notice that you haven't told us anything about the car – particularly make, model, year, mileage and the value  
    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – you are the owners of the house. This was in 1999. We talking about 30 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the store you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I would supply this to their solicitor that if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me that we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
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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


Are You as Anonymous on CAG as You Think You Are? *Link*

 

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Deal with your debts:

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IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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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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