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    • if you have YOUR bank statements totalling who you paid and when regarding this debt.... and you have proof that unlawful fees/sums have been added to the sum adjudged in court from the HFC SD that you've now paid.... i would be putting all that evidence together and demanding cabot refund said figure in 14 days else you'll raise a court claim...but don't bluff. dx  
    • have you proved at what house was it left outside of & stolen from ...yours or the neighbours? the fact it was for a warranty return means nothing. neither does it that the repairer/retailer have special instructions with DPD for them not to leave a parcel outside unless specified by a customer ..you might have overruled them with your instructions on the DPD website, you stated, neighbour/safe space?? if it was left outside your door, which you appear to indicate RE: i can't see you winning this...you created your own problem with what you put on the DPD website?    
    • oh well i wonder what new fake documents they have made up then...for them to try this.... just to check nothing funky like Link have filed an n244 to lift the stay and strike out her defence....she hasnt moved since last court comms has she?   is this an n24? bit unusual for a 13mts stay to just be lifted... has she not received anything from link/kearns in the last fw weeks like a docs bundle? bit like this thread... https://www.consumeractiongroup.co.uk/topic/466576-lc-assetlinkkearns-claim-form-2-mbna-cc/?do=findComment&comment=5256397  
    • if the agreement was taken out jan 23, then she has not reached the 1/3rd mark so the car has not become protected goods under the consumer credit act.  this puts her in a very very vulnerable position regarding ever keeping the car....whereby once they have issued a default notice they can legally send a guy with a flatbed (though they are NOT BAILIFFS and have ZERO legal powers) to collect the car.  if the car is kept on the public highway then they can simply take it away and she will legally owe the whole stated amount on the agreement AND lose the car. if it's on private property i'e like a driveway, ok they shouldn't take it without her agreeing, but if they do, it's not really on but its better than a court case and an inevitable loss with the granting a return of goods order. are these 'health reasons' likely to resolve themselves in the very short term (like a couple of months?) and can she immediately begin working again ? i'e has she got a job or would have to find one?  answer the above and we'll try and help. but she looks to be between rock and a hard place . whatever happens she will still have to pay the loan off...car or no car....unless you can appeal to the finance company's better nature using health reasons to back off for xxx months.
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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AMEX(Newman) Debt


LarissaJ
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If a female answers our telephone they insist that its me, i have two daughters and a lodger, (who is getting very annoyed). If my husband answers, they ask him questions about me, and they try to wind him up.

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  • 2 months later...

I have now received another letter, this time from HL Legal & collections, threatening court action in 7 days. However, I have to rply to AIC, and not HL Legal..........strange!!!!

 

Is this just another scare tactic?

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I would appreciate any help on this, i want to be ready in case they do issue court proceedings next week and I don't want to end up on the last minute, i have tried reading though other posts on here to get some background, but there are so many differnet cases and I am finding it all very confusing.....HELP!!!

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Sooner or later Amex will start legal proceedings, You need to stay calm and not meet trouble half way.

You can win the case on the default notice alone.

The worst scenario You loose the case and a judge will ONLY MAKE YOU PAY WHAT YOU CAN AFFORD.

When they start you will be talked through what to do and given a defence to use by one of the more legal minded guys on here.

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  • 5 months later...
  • 4 months later...

another update, still being passed around, it went from moorcroft toHome Collections Services, who offered a "substantial discount" and an "interest free repayment plan", they got the bemused letter and now I've got vilecollections (they are about to get the bemused letter too).

 

I've just had a quick read through this thread and I can't believe how much I used to stress about all this! I have been reading many of the other threads and have a much better grasp of everything now and I am not scared of court anymore!

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  • 3 years later...

Hi guys, another update! Not heard much from these for ages, but have now just had a letter from Amex offering me to pay just 40% but unfortunately, I still cant afford this. They have also sent (separately) a statement of account and on it, it says:- "Your account is cancelled and has been referred to a collections agency. The full balance is now due, so to avoid any further action please pay the closing balance reflected on the statement immediately" Is the faulty DN still making it unenforceable, or have things changed now?

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Larissa, can you let me know in what way the DN was faulty. Nothing has changed in that respect if the DN was invalid, then it certainly hurts any claim they wish to make - you just shouldn't rely on this alone though, so you would need other "problems" to back it up.

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Is this account still with Amex ? I am surprised they haven't offloaded it to a Debt purchaser ?

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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Hiya, thanks for you reply! They have passed it around to many different dca's but until now, I've not heard anything for ages and this is from Amex. The DN didn't have a date on it, it just said "14 days from the date of this letter"

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yes, I have just read that they blew it on the date. I am surprised they haven't reissued the default notice - which they can indeed do. So they obviously haven't realised there was a cock up :)

 

I was also interested to see that they had threatened to issue a statutory demand - then never did. Obviously they were using that as a debt collection tool which they are not permitted to do.

 

It would appear there are also some unlawful charges on the account - might it be a good idea to pop those charges onto a spread sheet to see how much the debt will reduce by as there will also be a wadge of interest on that as well.

 

Do you know if they are still adding interest and charges to the account ?

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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they stopped putting interest and charges on and yes, that might be a good idea to do that with the charges, do you happen to know off hand where the link to a spreadsheet is?

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