Amex CCA received - is it enforceable please

[steven4064]

Once they take any action based on the Dn, the account is effectively terminated

[diddydicky]

rules of heresay don't apply strictly in civil courts- much evidence- especially when submitted concerning who provided what where and we=hen is often clasified as heresay and due weight is s given to it

[steven4064]

The use of hearsay evidence in civil courts is covered in s2 of the Civil Evidence Act 1995

2 Notice of proposal to adduce hearsay evidence

 

(1) A party proposing to adduce hearsay evidence in civil proceedings shall, subject to the following provisions of this section, give to the other party or parties to the proceedings—

(a) such notice (if any) of that fact, and

(b) on request, such particulars of or relating to the evidence,

as is reasonable and practicable in the circumstances for the purpose of enabling him or them to deal with any matters arising from its being hearsay

[the_shadow]

The use of hearsay evidence in civil courts is covered in s2 of the Civil Evidence Act 1995

 

Perhaps these posts should be moved out of the OPs original thread? I didnt ask if the balance would mean it running in small claims/fast track and just assumed small track in my replies/comments.

 

I would counter that with CPR 27.8(3), Do they still have to declare it formally?

 

S.

[vint1954]

Vint

 

No, no SARS or CPR yet but presumably as they have provided a signed document i would (probably) just get the same back. My position is I need to decide fairly quickly whether to pay or not and that would depend on how strong a probable case I have based on an incorrect date in the Default Notice and any defects in the CCA.

 

 

Sorry Cadwaller, Had to go out this afternoon.

 

You have some heavyweights in here now, so back to the sidelines for me. ( Not ment to be a sizeist remark Steven - Shadow - Pinky )

 

Follow their advice, you seem to have them on the DN.

 

Vint

[cadwallader]

Vint

 

Thanks for your input - much appreciated. Same to everyone else.

 

Cadwallader

[cadwallader]

One more question please.

 

Given an invalid DN but a probable enforceable CCA does this mean I need to pay the arrears amount on the DN and tell them I have paid all I lawfully need to?

 

Thanks

[the_shadow]

One more question please.

 

Given an invalid DN but a probable enforceable CCA does this mean I need to pay the arrears amount on the DN and tell them I have paid all I lawfully need to?

 

Thanks

 

NO!

 

The DN will only come into play when they terminate the account or do something that is in keeping with ending the contract i.e. demanding the full repayment of the balance, until then they can issue another correct DN and thus make you liable for the full amount.

 

So... you'll need to keep the fact about the DN quiet and just wait for the termination for it to have any bearing on events.

 

S.

[cadwallader]

Thanks shadow

[cadwallader]

Have now received a cancellation notice from Amex.

 

 

As it is demanding payment of all monies outstanding is this effectively a termination notice, even if it does not use the word termination?

 

Thanks

 

C

[smouk]

Same as mine - you have been TERMINATED Now you write and tell 'em "I'll be back"

[the_shadow]

Yep... they've terminated on the back of a dodgy DN

 

S.

[cadwallader]

Sorry for delay in responding - been off line for a while.

 

So, I have a dodgy DN, an unlawful termination but an apparently enforceable CCA.

 

Is my next step to pay the arrears stated on the DN and then inform them I have paid what I am lawfully required to pay under the agreement?

 

Also, should I pay it direct to OC as I have now heard from AIC demanding full payment of the total balance plus Referral fee of £1400+?

 

Thanks

 

C

[the_shadow]

Sorry for delay in responding - been off line for a while.

 

So, I have a dodgy DN, an unlawful termination but an apparently enforceable CCA.

 

Is my next step to pay the arrears stated on the DN and then inform them I have paid what I am lawfully required to pay under the agreement?

 

Also, should I pay it direct to OC as I have now heard from AIC demanding full payment of the total balance plus Referral fee of £1400+?

 

Thanks

 

C

 

I'm afraid they will not agree to anything you suggest and will continue their normal process for recovery.

 

If/when a court claim gets delivered is the time to bring up the DN imho.

 

S.

S.

[cadwallader]

Yes, but if I accept that the CCA is enforceable should I not at least pay what I concede is due, i.e. the arrears amount?

 

C

[the_shadow]

Yes, but if I accept that the CCA is enforceable should I not at least pay what I concede is due, i.e. the arrears amount?

 

C

 

I'm not sure if it'll have any affect, they will still not concede the point and if court proceedings are brought it will be for the full outstanding balance less the arrears.

 

I suppose you could put in the defense that you have paid all monies you believe are due thanks to the invalid DN served upon you.

 

S.

[cadwallader]

OK, I accept that they will still proceed on their usual course but if I pay what is lawfully due isn't this a stronger position than having to say in court that I knew I was liable to pay the arrears but didn't? I don't pretend to know the answer but seems better if I meet what I accept as my obligation?

 

C

[cadwallader]

You've just got to love the convoluted logic in this reply from Amex:D

 

 

[the_shadow]

You've just got to love the convoluted logic in this reply from Amex:D

 

 

 

hahaha "date of service is date we send it to you" err fraid not Amex

 

"legally obliged to charge this" by what law/statute is this...

 

These people live in cloud cuckoo land, why do they tie themselves up in so many knots.

 

S.

[ScarletPimpernel]

That's a cracker from Amex.

 

Alas, their statements are (as they like to put it), without substance or merit. Their DNs are invalid, despite their drivel. Their 'file referral fees' are contrary to the OFT Guidance, and they even quote the paragraph in the agreement that plainly does not comply. I'd say that their letter, which is clearly designed to mislead and to misrepresent fact, is contrary to CPUTR.

 

Every Amex case we see is another demonstration that Amex will not face the reality of their situation - they merely spout increasing amounts of boolsheet to attempt to mislead.

[cadwallader]

HAve now received threat letter from Westminsters. Any suggestions on how to reply - usual 'matter in dispute' or something a bit more positive?

 

Just to summarise, Amex default notice did not give correct time to remedy and they terminated on the back of it. I have already paid arrears stated on DN.

 

 

Thanks

 

Cadwallader

[diddydicky]

bankruptcy- as an enforcement tool of a ccj - news to me

[cadwallader]

I've read elsewhere on the forum that Westminsters may be in-house with RMA - does anyone know if this is correct?

 

Thanks

 

C

[cadwallader]

Hi

 

Anyone with any suggestions on the response to Westminsters?

 

Thanks

 

C

[Monty2007]

Hi

 

Anyone with any suggestions on the response to Westminsters?

 

Thanks

 

C

 

Ignore them until they litigate. They will not respond to you anyway unless you send lots of £'s..............