Jump to content



  • Tweets

  • Posts

    • I am going to try and explaine in full details from start to present and see if you have any advice for me on what i can do.   on 15/1/2021 16:25pm i was traveling along hazlebarrow Road wich is on my estate at around 30mph, its a tight road with cars parked along the left hand side, as i proceeded through, a van ( which was parked on my left hand side, facing towards me) pulled out from the side of the road, he stopped the van wich resulted in the van being at an angled stationary position on the road. I breaked immediately but the ice and snow skidded my tyers, i skidded into the drivers side of his van, my car bounced off his van and sent my vehicle head first into the back of a parked car ( wich was originally parked at the back of the van before he set off from the side of the road. I will refer to the van driver as MR S. ( im going to attatch a street view picture and diagram which will be more helpful in understanding how the accident accured ect) .    The owner of the parked car, which i will refer to as Mr T came out of his house. Myself, mr S and mr T exchanged details and took photos, then i left the scene as my first concern, understandably was to contact my midwife and the hospital. I live just round the corner from the scene of the accident so i slowly drove my car to my property.   I contacted Go skippy the next day 16/1/21 and informed them of the accident and gave them all the details ect.   by the following monday 18/1/21 i had a call from AX who said they was dealing with my claim as go skippy will not deal with it as i am third party insured. Over the next few days, i complied with their requests ( gave them a written statment of what happened, sent them pictures of the damage to my vehicle and MR S van ect).   Then on the 19/1/21 AX contacted me again and asked if i need a curtesy vehicle, my first response was ' how much will that cost me?' Of which she replied ' nothing because your insurance covers the cost'. I agreed to the curtesy vehicle and the vehicle was delivered to me on the 20/1/21.    Over the coming weeks, AX and i had regular contact about my claim and updated me in regards to my own vehicle. At one point she said it could be deemed a 50/50 liability.   An engineer had collected my car, deemed in a total loss as the damage was more than 66% of its total value and written my car off . i had a call from a lady from AX and she said they have valued the car and i will be payed out £2200 . i asked when and she said ' we will send you a cheque out for £358 in the post, and the remaining balance will be payed out by Admirel but this may take a few weeks more' .    I didnt hear nothing for around 2 weeks so i contacted AX again for an update, she told me that admirel are refusing liability and there now in dispute. Every time i contacted them they said the same thing ' admirel are refusing liability'.   i asked them why admirel consider them not liable and she read from the notes ' MR S said he was driving along the road, the corsa ( my vehicle) was at high speed coming towards me , i beeped my horn and tried moving out of the way but i couldnt because of the ice and the snow and the corsa hit my van' ( complete lie!!)   The lady at AX said the problem is that the damage to both our vehicles is consistant with both our stories and due to there being no witnesses, no cctv or dash cam footage- no one can prove who is at fault.   I then questioned why i had been told i was being paid out £2200 and she said 'well we have to advice you the estimated value' of which i replied 'no, there was no 'advice' - i was told it was a done deal i was getting paid £2200 and she told me i had a cheque arriving in the post!!!.    The lady then told me she had requested a ' none prejudice payment' from admirel and waiting for a response.     Shortly after this phone call, AX contacted me again and asked if i had the funds to repair my own vehicle or buy another one, ( im.assuming admirel refused to pay the  none prejudice payment).   I told them No i do not as i have a baby due and even if i did have the funds, why on earth would i fork out to repair my own vehicle when i wasnt at fault ?! . she said ok im going to pass this to managment and see what we can do .     I contacted AX again and asked for an update and expressed how unhappy i was with their service as i felt like they hadnt fought my corner, bowed down to admirel and then had the cheek to ask me to repair my own vehicle . Again she said ' its still in dispute, admirel are not budging i have to pass this on to management.   She then asked me for 3 months bank statements to 'prove' i dont have the funds to repair my vehicle myself. I thought this was ridiculous and stated that even if i had the funds, why would i repair my own vehicle when im.not at fault!?   Obviously this has been on going since middle of january, pretty fed up. My brother come to this forum last night to seek advice And had a couple of replies that i may be liable to pay for the hire car costs.   I contacted AX first thing this morning regarding this. I made it clear that they can collect the vehicle to stop the daily charges as i do not want to be in thousands of pounds worth of debt when i am a lone parent with a new born baby. the lady told me ' we will try every avenue to recover the cost from Admirel for the hire car charges, if this means taking them to court, even if this is unsuccessful, considering you comply with your hire vehicle contract and you work with us with your claim ( which you have been doing) you will not be liable for this debt and if worst comes to worst and admirel will not pay, we will just wipe the debt off' .   i made her repeat several times that i will not be liable for this debt and she said i have told you my name, and these calls are recordered and i am telling you that this debt will not be on you to pay . She then said that if i was to give AX the hire car back now, then it would jepordise everything. And she said ' we gave you that hire vehicle because we beleive your not at fault so you can keep using it as we know you need transport'   I then questioned the need for bank statements again and she told me the reason they need bank statements is so if it goes to court - AX can justify why i needed the hire car for so long ( because i dont have the funds to repair my vehicle or buy another one) and also so they can prove they have tried every root possible.      After the phonecall it got me thinking about how she said ' aslong as you comply with your hire car contract your not liable for any charges for the hire car' .   Will they find any fault with the contract just to try and lumber me with the debt? As it seems pretty fishy how they would just ' wipe off' thousands of pounds if admirel refuse to pay.    And also, she said if i gave the hire car back it would jepodise the case . so when the lady rang me the other week asking if i had funds to repair or buy myself a new vehicle , if i had said yes, ill buy a car tomorrow and come collect the curtesy one. Then what? Wouldnt that ' jepodise' the case?      As you can imagaine, my heads spinning. Stressed and dont know what to do. I dont even care about a pay out , i just want to give the hire car back and be completely done with AX . but now im scared if i give the car back i will be lumbered with thousand of pounds worth of debt from the hire car charges.    What can/should i do?    Thank you Gemma
    • Hi Ade,   Stop speaking to them by phone and keep contact in writing only, which you've said you prefer.   Send TT a SAR by post immediately. The data you get back should enable you to see what they think you owe, and how it's made up.   Also write to BW Legal confirming you dispute the alleged debt owed to TT and have written to TT seeking data, so BWL must stop demands until TT have replied to the SAR you've sent them.
    • Please do although obviously I don’t know the facts from your side but at least I can tell you how much of a cut and paste job it is.
    • Please check back for a full reply tomorrow. However, it would help if you would introduce pergo spaces into a story full stop it's very long and especially for people with small screens it's very difficult to follow when it is so compacted.   I think this straight has become rather confused because of the third party account which we received at the outset. I think it will probably be helpful if you could repost your story but on a new thread and more openly spaced please.   Then we can start to have a closer look at it. However, as I've already suggested, I think there are two issues. The question of your liability in the accident and the problem of how you have been persuaded to take a rental car at such a high rate.    I would suggest that you hold off telephoneing anyone until we have had a closer look.before you do anything on the telephone. You have obviously had some very important conversations but you don't have any evidence of them. Although the other side may say that they have recorded them, you you may find it difficult to get hold of those recordings if in fact those recordings incriminate them in any way. for instance if they have promised you that you don't have to pay anything for the hire car, that would be an extremely useful conversation to have but you may find that it is difficult to get hold of.   please start a new thread it will be much easier to continue from there                                
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies
  • Recommended Topics

IM vs AMEX - Help with defence


Please note that this topic has not had any new posts for the last 3980 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

  • Replies 92
  • Created
  • Last Reply

Top Posters In This Topic

look here...they tried the same trick...apparently they do this all the time...

 

Shakespeare62 - v - a NastyBank - The Consumer Forums

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

Hi im4347, did they serve a copy of either of the American Express Services Europe Limited cases they intend to rely upon?

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

Link to post
Share on other sites

Thanks guys for the links, will defo check it out.

 

Hi im4347, did they serve a copy of either of the American Express Services Europe Limited cases they intend to rely upon?

 

Nope, they didn't give me a copy of any of the cases they have referred to.

 

Thanks,

 

IM

Link to post
Share on other sites

Hi all

 

I've had a read through;

 

Shakespeare62 - v - a NastyBank - The Consumer Forums

 

It's very complex and I am quite confused now.... I have missed my deadline for my witness Statement and the court has advised me to file it asap. I really could do with some help with constructing a witness statement as I have never done one before and not too confident about copying and pasting one from this forum as it needs to reflect my defence. :???:

 

Any help would be highly appreciated.

 

Regards,

 

IM

Link to post
Share on other sites

What have you come up with so far?

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

Link to post
Share on other sites

Hi Guys,

 

Starting to panic a bit now, as I've missed my witness statement deadline and need to get it filed asap. :Cry:

 

Steven4064 helped to construct my defence, if he has a moment, his help would be much appreciated.

 

Thanks,

 

IM

Link to post
Share on other sites

Hello im4347!

 

Starting to panic a bit now, as I've missed my witness statement deadline and need to get it filed asap.

 

Don't panic, let's just get it done properly, and submitted to the Court (with a copy to the enemy), in sufficient time to get there before Court.

 

I say that assuming Court is a little way off?

 

When was the Deadline, and when is the Hearing?

 

Cheers,

BRW

Link to post
Share on other sites

Hi BRW

 

Thanks for replying. :)

 

The Court Hearing date is early April and I missed my deadline a couple of days ago. I went into Court who have advised me to get my Witness Statement in as soon asd possible.

 

Thanks,

 

IM

Link to post
Share on other sites

Hello im4347!

 

The Court Hearing date is early April and I missed my deadline a couple of days ago. I went into Court who have advised me to get my Witness Statement in as soon asd possible.

 

That's great. Bags of time then!

 

The banks like to dump Witness Statements on people at the last minute, and Amex are one of the worst. Indeed, they seem to like handing things to people as they walk in to Court, so they are the very last Claimant who is in a position to complain if your Witness Statement is a few days late.

 

Tell them to bog off if they hassle you.

 

Right, the best plan is to outline everything they have dumped on you recently, because your Witness Statement needs to nail theirs point by point.

 

Being a few days late with a strong and well crafted Witness Statement, is far, far, far better than submitting a weak Witness Statement on time.

 

Let's work on this, and make sure you get it right.

 

Cheers,

BRW

Link to post
Share on other sites

BRW is right. First off in my view, you will need to be specific when countering their arguments. Any chance you can post up a scanned copy of their reply to your defence (id removed of course) ?

 

Alternatively could you type it out and post it up ?

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege

 

Please see the following copyright statement

Link to post
Share on other sites

Thanks BRM, really appreciate your help.

 

I've attached the witness statement from Amex (Mishcon De Reya).

 

The letters they refer to in the statement are as follows:

 

Pages 1-4 = The signed application Form is page 1, the rest are T&Cs not associated with the application form. Biggest give away is that there is no date on the T&Cs, the agreement box is not signed, and the registered Amex addresses are different for the application form and the T&Cs!!

 

Pages 5-39 = Statements

 

Pages 40-41 = Default Notice

 

Pages 42-47 = T&Cs May 2002

 

Page 48-49 = Brachers letter acting upon Amex

 

Pages 51-53 = Please see Post #50

 

Hope this helps.

 

Many thanks again.

 

Regards,

 

IM

Amex Witness Statement.pdf

Edited by im4347
Link to post
Share on other sites

IM, I'd be inclined to remove the chaps name on their witness statment and repost it.

 

I don't think much of their Witness Statement. I'm thinking of a reply (I might not get back to you till tomorrow sometime), In the meantime may I suggest you get your layout prepared i.e. you could copy my WS layout here , remove the words Appeal, as well as Appellant and Respondent, set the heading so it has American Express Service on top and your name underneath. Delete everything else. except the numbers and the statement of truth at the end.

 

Then we have a starting point.

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege

 

Please see the following copyright statement

Link to post
Share on other sites

Hi Shakespeare

 

Thanks for replying. :)

 

I've removed the chap's name.

 

Thank you so much for the WS, much appreciated. I will get onto your WS.

 

They messed up with the default dates and are basically using 'termination' clauses to back themselves when clearly there were no termination or cancellation rights on the application form.

 

Once again many thanks.

 

IM

Link to post
Share on other sites

Hello im4347!

 

That Witness Statement is the usual arrogant rubbish, dressed up to sound as if they are in charge of events and have a pile of case history to support this nonsense.

 

The arguments are deeply flawed, and the case history amounts to two County Court Judgments where they won the bent/biased/duffer Judge Lottery, and one case that is only relevant if they roll up one trouser leg, stuff a banana up where the sun don't shine, and keep their fingers crossed.

 

However, there is method to their madness, and their aim is to add you to the very slowly growing list of cases where they have managed to slip this argument through without anyone noticing, or wanting to notice, that it's just a blatant disregard of the Act, backed up by some very half-baked reasoning.

 

About 2 weeks later I received another letter from Mishcon de Reya stating that they do not intend to file and serve amended Particulars of Claim.
Are they still planning on demanding that you pay s69 County Courts Act 1984 interest?

 

They could have something of a problem with that for a start.

 

OK, your Defence was fine, it did cover all the issues, so there is little wrong with that.

 

Brachers are known to field the easy cases, but Arsemex soon push them out of the way to bring in their star performers when faced with a credible Defence, as yours indeed was.

 

The Mishcon bunch are like Brachers, but it costs Arsemex more to use them, so they are expected to shout louder for being paid the extra.

 

At the moment, Arsemex have a huge face plant waiting for them in Court. It's a matter of when, not if. The way they have been conducting things is destined to fail, but until then, many people will suffer until this errant nonsense is thwarted.

 

They want you to be a victim, and I regret to say that there remains a real possibility that might happen. The issue will rest on the quality of the Judge you get on the day. If they are decent and astute, and read your Defence, and your Witness Statement and listen to what you have to say, then you will win and they will lose.

 

However, if you get a biased or easily led Judge, then they will win, and you will lose. The facts won't matter, so my advice is to play the game and work like a dog to win first time out, but do so on the assumption that you will immediately Appeal and take this up a notch if they manage to twist things around on the day.

 

IOW, plan your Appeal now, and work back from that.

 

Then, when in Court, you will be watching and waiting for all of your key Appeal points to crop up, and when they do, you kick up a big fuss and fight them hard on every issue, if only for the benefit of the Tape.

 

Should you lose, then be ready to finish the day off with a pre-prepared summary of the key Appeal points (without saying Appeal at that stage), and ask the Judge if he/she would like to comment on each one, just so that you understand why you have lost.

 

Then tell the Judge you would like to Appeal, and say why, listing out the key reasons.

 

Then smile at the opposition, and look ahead to getting your own back one step up when you may be the one that nails this shower, if Shakespeare62 does not beat you to it.

 

HTH

 

Cheers,

BRW

Edited by banker_rhymes_with
Typooo
Link to post
Share on other sites

** IMPORTANT **

 

The following advice is courtesy of Cagger dad - and is an alternative option.

 

1) As you are dealing in your case with the same points that I am taking to appeal then a suitable approach for you is to apply for a stay in your proceedings pending the outcome of my appeal.

 

2) The first stage would be for you to write to the Respondent's solicitors stating that you know about my appeal and ask them to consent to a stay. That way you line up the Respondent for the costs of an opposed application (i.e. if they refuse to agree and you have to formally apply to the Court for a stay)

 

3) Obviously you will need my specific details. I can supply these on the STRICT UNDERSTANDING that you keep my ID (claim number, real name etc.) off the forums, until as such time as it is fully in the public domain - e.g. following my Appeal / High Court Decision.

 

Suggestion.

 

If you want to go this route, may I suggest you first post up a draft letter for comments. For the draft version - just refer to my username, and use X's for my claim no etc.

 

Comments please folks.

 

'shakey

 

ps. Remember - permission has been given for me to Appeal, by a circuit judge, His Honour Judge [X] on the grounds that my appeal has a real prospect of success.

Edited by shakespeare62

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege

 

Please see the following copyright statement

Link to post
Share on other sites

IMHO that is a very generous offer from Shakey and could be a *very* 'smart' way of dealing with the current 'situation' i.e. the late WS

 

It would also give you proper breathing space to get up to speed with the case and also give a big clue as to the arguments used and to which way it is likely to go.

Edited by gh2008
added 2nd para

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

Link to post
Share on other sites
IMHO that is a very generous offer from Shakey and could be a *very* 'smart' way of dealing with the current 'situation' i.e. the late WS

 

It would also give you proper breathing space to get up to speed with the case and also give a big clue as to the arguments used and to which way it is likely to go.

 

Seconded, it would seem the smart option. It alerts the judge in your case to a similarity in how the other side behave also.

 

Have to say pretty disgusted with Mishcon's ws and their attempt to negate the CCA1974... how many times in letters do amex clearly state you are bound to the agreement due to the text above the signature stating "sign only if you wish to be bound by the CCA1974", works both ways Mischon/amex :-D

 

If they want the benefits of the CCA then they have to take correct steps to exit, no matter of the cases they have mentioned they have won that arent case law and imo could possibly be overturned by an appeal... and as for the square peg of a loan case attempting to fit into a round hole I wont even go there.

 

S.

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

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

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.

Link to post
Share on other sites
** IMPORTANT **

 

The following advice is courtesy of Cagger dad - and is an alternative option.

 

1) As you are dealing in your case with the same points that I am taking to appeal then a suitable approach for you is to apply for a stay in your proceedings pending the outcome of my appeal.

 

 

 

In which case your win will be a win for im4347 as well.

Link to post
Share on other sites

Hi guys,

 

Thank you so much for all the replies, and most importantly, thank you Shakespeare62 for such a generous offer, I would be mad not to accept it. :D

 

I will definately construct a draft for the stay and post it up later today, and I can assure you Shakey that your personal details will remain private and confidential.

 

Once again thanks guys for all your help.

 

Regards,

 

IM

Link to post
Share on other sites

'IM - post up your draft when you're ready. I'll pm you my case details tomorrow.

 

Cheers

 

Shakey.

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege

 

Please see the following copyright statement

Link to post
Share on other sites

Hi Shakey

 

Thanks for your help, much appreciated.

 

This is my draft request for a stay, any amendments/additions, would be most welcome, as this is my first time at doing this;

 

Mishcon de Reya Solicitors

12 Red Lion Square

London

WC1R 4QD

 

XX March 2010

 

 

Dear Sir/Madam

 

American Express Services Europe Ltd – V – IM4347

 

Claim Number: XXXXXXXX

 

 

I am writing to request a stay on my case, as I am fully aware of case xxxxxxxx, Shakespeare – v – American Express Services Europe Ltd, who has made an appeal which has been granted by circuit Judge, His Honour Judge xxxxx.

 

Shakespeare has raised the same points that have been raised in my defence. I therefore request your consent to a stay pending the outcome of case xxxxxxxx, Shakespeare – v – Amex.

 

 

Yours faithfully

 

IM4347

 

Thanks.

 

IM

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...