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Liz Southern

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

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Hi

 

I sent my partner to post the letter to Amex because we were running out of time. He tells me that he put the two postal orders (for £1 and £10) inside the envelope but didn't sign them. Does that matter?

Regards

Liz


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Most important thing is, did he keep the counterfoil so you can trace when they are cashed if necessary?


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hi,

 

There should not be a problem with the CCA as they do not require a signature, the Subject Access Request is a different matter and they can insist on a signature.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Hi

 

I think he put the whole thing in, but he came back with two receipts from the Post Office and a receipt for the recorded delivery letter to Amex. The receipts for both postal orders are very clear and have the date, time of purchase, plus the amount, who it was made out to, and the specific number of the postal order, so on reflection I think I'm covered.

Thanks,

Liz.


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Think Liz is referring to signatures on the POs not the letter, marondevo.


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hi

 

I think he put the whole thing in, but he came back with two receipts from the Post Office and a receipt for the recorded delivery letter to Amex. The receipts for both postal orders are very clear and have the date, time of purchase, plus the amount, who it was made out to, and the specific number of the postal order, so on reflection I think I'm covered.

 

 

I think you are too. :)


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Ah, change my name to morondevo ;)

 

Your right :D

 

Ignore me for now.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi

Indeed. I printed out my name on the letter to Amex and put two big crosses through it in biro. Perhaps I should have put lots of little crosses through it. Never do anything in a hurry!

Regards

Liz


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Thats what happens when I don't read the whole thread ;)


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi all,

 

The County Court clerk swore my affidavit (3 copies plus 3 copies of all enclosures) and said he didn't think there would be a problem about it being out of time. (I included a letter to the Judge with my reasons for being out of time.)

 

Will keep you posted.

 

Best wishes

Liz


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Hi

 

I have been reading a thread "American Express and Newman DCA, help needed", and a reply by Banker Rhymes With on 5th December 08.

 

"Hello Debbage!

 

Great, so they've issued an invalid Default Notice asking for £187.00 in Arrears, and then they've confirmed the Agreement is Terminated.

 

Excellent.

 

At most, you now owe them £187.00!

 

The Default Notice does not allow you the Statutory 14 Clear Days.

 

It is dated 08/10/2008, and they say you have 14 Calendar Days from the Date of this Notice. They have therefore stated that your Deadline is 22/10/2008, that being 14 Calendar Days from 08/10/2008.

 

They have not allowed for Postage.

 

The Legal Date of Service, assuming they Posted the Default Notice on Wednesday 08/10/2008 via 1st Class Post, would be two Working Days thereafter, making the Data of Service Friday 10/10/2008.

 

The Statutory Deadline based on 10/10/2008 would be 24/10/2008...that being two Days later than the Deadline of 22/10/2008 Amex were trying to impose unlawfully.

 

On 27/10/2008, they then dropped you a line to say the Agreement was Cancelled (Terminated, same difference). But then they go on to say the Full Balance is now Payable, because by then they are clearly deluded in assuming they are entitled to the benefits of s87.

 

Main problem for them is they are not now entitled to the benefits of s87, because they have Terminated the Agreement without a valid Default Notice. Without a valid and lawful Default Notice, they do not become entitled to enjoy s87.

 

How very silly of them.

 

They've blown any prospect of being able to ask for early Payment of what was, until Termination, only Payable in the future, i.e. the main Balance.

 

They cannot now go back in time to issue a new Default Notice, because they themselves elected to Terminate the Agreement on 27/10/2008.

 

They cannot now re-activate the Agreement unilaterally (i.e. without your Consent). They'd need your Consent to do so, and I doubt you will be keen to agree, if all it will achieve is to let them fix their Default Notice mistake!

 

I'm not sure what they are thinking about adding a further default Charge on 31/10/2008, because the Agreement ended on 27/10/2008.

 

Finally, you now need to have a good look at the £187.00 of Arrears they say you owe, to see if they levied any Charges before that sum was requested. It may not be a lot, but it could knock of £12 from that Balance.

 

As always, get a 2nd and 3rd opinion from other Caggers before doing anything, but the above is how I think things have panned out.

 

Amex will get hostile, they always do, but you should now have a robust defence against any demand for Payment of a sum that is greater than £187.00.

 

Cheers,

BRW"

 

Debbage posted her default notice and cancellation of agreement letter. I have exactly the same default notice (even on the same date) and stating, "£422.00 must be received within fourteen calendar days from the date of this notice".

 

The cancellation letter is dated 14th November 08. I can try to post these up (minus personal details) if it would help to look at them. (Not sure of how.) Amex are saying I owe them circa £18,000.

 

I found out today that the Judge wants my Set Aside hearing listed.

 

Regards

Liz


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Liz, yes all info will help.

 

BRW is spot on with his advice.

 

Scan the Default Notice, mask your personal details and post it on Photobucket and you will get some links under your "picture" that you just copy and paste in to where you type your messages.

 

We will then be able to see the image you have posted up to photobucket. Your photobucket username will be visible doing it like this, so don't use your real name as your username on photobucket.

 

I used Alphageek_CAG as mine for example.


The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Hi Alphageek

 

I will post the docs. I have just realised. I paid Amex £500 (to Newmans) in early 2009 so they might owe me money.

 

Regards

Liz


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Hi

 

I found out today that the Judge wants my Set Aside hearing listed.

 

 

This sounds promising - let's hope you receive (or don't!) at least your CCA before the date of hearing, but don't worry if you don't, you can ask the court to get Amex to comply.

 

 

Hi Alphageek

 

I will post the docs. I have just realised. I paid Amex £500 (to Newmans) in early 2009 so they might owe me money.

 

 

They may well do! :D Post your docs as soon as you can, including the CCA when you get them so CAGers can help with your set aside hearing statement.


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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14th November was a Friday. They have to allow two working days (1st Class post) for you to receive DN. That means that you would have received it on Tuesday 18th November, your 14 days start from 19th November, so the date for breach to be rectified would be 3rd December. They gave you until 28th November, therefor, DN is invalid.

 

Alan

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Hi everyone

 

I must say, the photobucket site is a strange one! Here goes nothing.

 

Liz1.jpg


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Sorry, link didn't work.

Edited by Liz Southern

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Hi everyone,

 

Six pages of Amex letters. Enjoy.

 

Regards

Liz


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Hi everyone,

 

I realised that when writing out the address on the envelope to these creditors they could lift individual letters, so I write the address in red pen and press lightly, which doesn't scan very well, and in a different way to my usual handwriting.

 

I also now take a scan of my letter after I've signed it.

 

I checked over my SD. The solicitor who signed it (she was only admitted to the bar last year) didn't cross out a sentence she should have, so she's claiming that Amex are a "Minister of the Crown (Cabinet Minister) or a Government Department", and nothing was attached to the SD - no copy of the CCA.

 

Regards

Liz


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Make that, "IF I sign it". I only signed the SAR.

Liz


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