AMEX / NEWMANS......Statutory demand, help please.

[foolishgirl]

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Anyone know if a Set Aside hearing is in chambers or open court?

 

 

AFAIK it is set out like a small court claim - private room, judge, claimant, defendant.

 

BTW Liz, I notice you were asking about securitization by Amex on another thread. This should be a line to pursue (particularly with Amex) as (if your debt was securitized) it looks as though they may well have had to pass the title of any debt over at the time of securitization in line with US requirements as they are a US company i.e. they are not now entitled to issue a claim in the name of Amex in this country as they don't own the debt, the company with whom securitization took place do.

[Liz Southern]

BTW Liz, I notice you were asking about securitization by Amex on another thread. This should be a line to pursue (particularly with Amex) as (if your debt was securitized) it looks as though they may well have had to pass the title of any debt over at the time of securitization in line with US requirements as they are a US company i.e. they are not now entitled to issue a claim in the name of Amex in this country as they don't own the debt, the company with whom securitization took place do.

 

Thanks for the info on the courtroom.

 

It's a question, though, isn't it, of whether Amex would tell the truth if simply asked if the debt was securitized? I think this should be passed higher up the chain - thinking MPs. I am in touch with David Cameron's office. Perhaps I ought to speak to them about it.

 

Do you know, Birmingham Midshires are trying to repossess my home, and I am resisting them, which I don't think they like, because I think they thought it was going to be easy, and it won't be. They have instructed Shoosmiths (arrogant idiots), and ARC (who appear to also be known as NCI), and for the last week I have had someone ringing my doorbell and banging (and I mean banging) on my front door, and just now while I was on the phone to someone, sticking his fat fingers through my letterbox and having a good look down my hall - invading my privacy.

 

Time for a letter to go out, I believe, and a phone call to the police after I've spoken to the man on the phone!

 

I just wonder - did these people have a childhood, or a homelife? What happened in their insignificant little lives to make them wake up one day and say, "that's what I want to do for a living - bully, harass and intimidate people".

 

Sorry for mixing up the threads, folks!

 

Regards

Liz

[banker_rhymes_with]

Hello Liz!

 

It's a question, though, isn't it, of whether Amex would tell the truth if simply asked if the debt was securitized?

 

It would be a dangerous game to play in Court if they started telling fibs...the banker concerned may find himself playing hide the soap with Bubba in the male toilets at one of HM Prisons!

 

I think this should be passed higher up the chain - thinking MPs. I am in touch with David Cameron's office. Perhaps I ought to speak to them about it.

 

Worth a punt as they say...but do remember how self-serving and greedy our useless politicians are, and what good friends many of them are to anyone who will give them money...like banks for example.

 

...for the last week I have had someone ringing my doorbell and banging (and I mean banging) on my front door, and just now while I was on the phone to someone, sticking his fat fingers through my letterbox and having a good look down my hall - invading my privacy.

 

You must call the Police, because that sort of behaviour is just not acceptable. Please do not hesitate to do so.

 

Indeed, if you have a Camera of some sort, take pictures of him doing this, plus one or two from the safety of a window, and show that to the Police when they call. Try to make a good description of the idiot, and see if you can see his Car and Registration.

 

No risks, just gather what evidence you can, and call the Police to come and sort that out for you.

 

Cheers,

BRW

[Liz Southern]

Hello Liz!

 

You must call the Police, because that sort of behaviour is just not acceptable. Please do not hesitate to do so.

 

Indeed, if you have a Camera of some sort, take pictures of him doing this, plus one or two from the safety of a window, and show that to the Police when they call. Try to make a good description of the idiot, and see if you can see his Car and Registration.

 

No risks, just gather what evidence you can, and call the Police to come and sort that out for you.

 

Hi BRW and thanks for your wonderful support!

I telephoned the number on the card dropped through my door. The man rang back. Explained he was working for BMidshires. I stopped him, told him the call was being recorded for use in legal proceedings. When asked, he said he hadn't called at my home today (after hesitating). It could have been a colleague. I then paraphrased Cerberusalert's para about no home visits, & I revoke the common law licence for you, etc, to come to my home. If you come again you'll be liable for damages, tort of trespass, and action will be taken, including but not limited to, my calling the police.

 

I am writing an official complaint now to Birmingham Midshires.

 

Very good advice about the camera. Work in progress.

 

Byee

Liz

[Liz Southern]

Oh yeh, he thanked me and said goodbye.

[foolishgirl]

 

You must call the Police, because that sort of behaviour is just not acceptable. Please do not hesitate to do so.

 

Indeed, if you have a Camera of some sort, take pictures of him doing this, plus one or two from the safety of a window, and show that to the Police when they call. Try to make a good description of the idiot, and see if you can see his Car and Registration.

 

No risks, just gather what evidence you can, and call the Police to come and sort that out for you.

 

 

Just a word of caution on calling the police Liz. Be very sure you know the law & your rights under it absolutely. It is not unknown for the police to side with the baliffs or debt collector as the individual bobby sent to sort out the problem is not always fully conversant with all aspects of the law relating to trespass & debt collecting & you may find that you have 2 people to fend off instead of just one ignorant doorstepper!

 

BRW's advice to take the photos, record the calls & then make complaint through the official channels is very sensible. You could then always bring a case for harassment in the county court & make them pay you.

[Liz Southern]

Hi All,

 

So, I turned up at the County Court half an hour early. I asked the concierge which DJ I had, and what was the DJ like. I checked in with the usher and checked the lists to see my case wasn't listed with two DJs. The other side hadn't arrived.

 

Chatted with the usher about any vacancies going and what was the gossip at the court. We went to the court office to see a man about vacancies!

 

Then I went in to see the DJ - on my own (in private chambers) as the other side hadn't turned up.

 

The DJ asked why I had filed a request to submit my application out of time, as I hadn't been out of time. I don't know what calendar the DJ was using, but I didn't argue.

 

I told the judge Amex's claim was totally disputed.

 

Speaking at the speed of light, the DJ rattled off a long, complicated speech, asking if I was disputing their SD because I was saying I didn't owe them any money, and I had never owed them any money, or if it was a technicality due to not having a proper default notice or if I was saying that they hadn't complied with the production of a Consumer Credit Agreement under current Consumer Credit law.

 

I said I didn't think it was a technicality and he said, "Well, yes it is a technicality because , blah blah blah." I must admit, I gave up listening to him because I was thinking that the DJ obviously just wanted to give me the benefit of his own thoughts on the subject, and that when he eventually stopped I would carry on with what I wanted to say next, which is what I did.

 

I said they hadn't produced a CCA and I showed the DJ the blank application form (just the form and two pages of terms & conditions) and I said my name wasn't on it, my address, date, other agreement details and no signature box for either a tick or a cross for electronic signature. The DJ looked at this and handed it back to me. Then he looked at me, and said, "I would have liked to ask Amex to explain why they haven't complied with the CCA but, (now looking at the empty chair where Amex should have been sitting), "as they haven't turned up, we can't ask them, can we?" as if asking the chair.

 

The DJ then looked back at me over his reading glasses and said without a hint of a smile, "It IS a very complex, technical Set Aside application that you have submited, isnt' it, ..." I didn't answer.

 

The DJ said, "I don't agree with all the points in your application but I'm going to grant your set aside application, as the matter is clearly very much in dispute."

 

I asked the DJ if I could apply for costs and he looked at me over those glasses again, and said, "Do you mind if I finish writing the order first?" Hint of a smile!!!

 

I said sorry. He looked over my costs. I had made a mistake on one column which he picked up and I said sorry. He asked why I thought I should have an indemnity award and I said I had taken advice from a solicitor on the phone and he told me to do that, and I hadn't had a bill from the solicitor yet. The DJ queried my asking for ..... hours (deleted for identification) and said it was too much. I said it was actually a lot more than that. I said I had never heard of a statutory demand before being served with it and I was just a layperson doing the best I could, and that I had spent hours and hours trawling through the net for advice and information. The DJ said if I had taken advice from a solicitor and then not used him at the hearing, that was my problem. Then he reduced the number of hours I had put down for research and gave me double what I had asked for on solicitor's costs at a Grade A rate and everything else!!!

 

So his bark was worse than his bite. His disapproval of me seemed outweighed by the fact that Amex couldn't be bothered to turn up, which is of course an incredible insult to the Court and a waste of the Court's time.

 

Now onto the next stage, but I won't put that here.

 

Regards

Liz

[Smarterchick]

Well done Liz.

[WelshMam2009]

Best of luck for round 2 Liz and congrats on your success today!!

 

Creditors' apathy when it comes to court hearings may well be the downfall of them yet!!

[foolishgirl]

Excellent news Liz - well done!

 

I can appreciate from reading your thread how much work you have put into the research on this & it is SO satisfying when it comes good isn't it.

 

You also have the plus that if they now attempt to go through the 'proper' channel of collection i.e. cc claim you have all the evidence to see them off.

[r&b]

well played liz..

[Liz Southern]

Thank you everybody, for all your kind wishes, and help and support.

 

Bye for now,

Liz.