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carteradam

Amex - Statutory Demand under Insolvency Act '86.

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Hi

Please can i have urgent advice.

 

I got home tonight to find a letter for me, the envelope was handwritten and the letter wasn't on headed paper. It was from a local Investigation company (who have no website).

 

it was signed by someone with an illegible signature, but had Process Server underneath.

 

It said they have been directed to serve me with a Statutory Demand under insolvency act '86, and they would be calling back on Sat 11th July at 9am for purpose of serving me personally. If i do not meet him, he will serve by advertisement or through my letterbox.

 

I've looked on google and come across this site.

 

There is a balance owing to Amex, however I had notification through Brachers that they had taken a Charge on my home.

 

I'm wondering why they are now trying ot make me Bankrupt, as the debt is secured on my house, and should i move, they will get paid.

 

Can i have advise on what to do, should i send a CCA request, or a SAR?

From what i've read i need to establish if the Agreement is unenforceable/Default Notice invalid..

 

Can anyone advise the best course of action?

 

i am so worried they will make me Bankrupt, I have a wife and a 1 year old baby and how me being made bankrupt would affect them. My Wife and i have no joint financial accounts, the mortgage is in my sole name.

 

Thanks

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Guest Old_andrew2018

Urgent Bump

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You say they got a charging order on your home, did you go to court?

This letter you got was it just hand written including the name of the Company?

Did you ever get informed that they were going after a charging order?

Who actually owns the debt?

Did Amex inform you that they were going to take you to court?

I know very little about statutory demands I'm afraid so I can't help you too much.

I am sure that you will get more help as the night goes on some of the Caggers don't log on till later.

If you can answer the questions it will help everyone.

DG

  • Haha 1

I have no legal training my knowledge comes from my personal life experiences

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Hi

It's in the region of £9k.It was 2 charge cards.

 

Background:

Several years ago the Business i co-own suffered a massive loss after one of our clients failed to pay for work we had done to our cost, and they then became Insolvent. We're still waiting to see if their OR will pay us anything, but it's looking extremely unlikely.

 

As a Director, I had to take a massive pay cut to keep our business afloat, and keep our staff on. Unfortunatly this had a massive effect on my personal finances, and my salary has never increased.

 

They threatened me with a Charging Order (I already just had one registered by HFC at that time, for £3k and HFC have never taken any further action). i didnt go to court.

 

My wife today did a Land Registry Title register search, the following appears:

(04.08.2006) Equitable charge created by Interim Charging order of

the Brighton County Court dated 5 June 2006 in favour of American

Express Services Europe Limited.

NOTE: Copy filed.

 

So it appears that they never got a Final Charging order as 'REGISTERED CHARGE' is not shown as it is for HFC.

 

I have had letters from Brachers - who i think are Amex's in-house solicitors and they advised re the charging order when it happened. As far as I am aware Amex own the debt still.

 

Generally properties where i live are selling less than my current outstanding mortgage, so i most likely in Negative Equity.

 

Admittedly I buried my head in the sand in the past, but after finding this site at gone midnight yesterday, i've spent several hours last night trawling through posts.

 

I've sent by next day delivery a CCA & Subject Access Request to Amex after having read the Amex board.

 

Any advice greatly received, as this Process Server's letter stated he'd be back at 9am to serve the Statutory Demand this Saturday. The title of his letter was mr XXXXX XXXXXXX & American Express. it was hand typed on a plain piece of paper, not headed paper of any kind.

 

Is a CCA/Subject Access Request considered a dispute? can they continue enforcement action if it is considered as such?

 

Many thanks

Edited by carteradam
Additional info added

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An update

 

I have sent CCA & SAR request to Amex.

 

Filled the Set Aside forms in & submitted to the Court.

 

Amex's CCA for my Gold card arrived 2 days afterwards. I have uploaded what they have sent to me here.

 

http://photobucket.com/Zosaphine_Amex

 

SAR still not arrived...

 

They have not responded to my Platinum Charge Card, which incorporated a Flex account. I know I never signed for the Flex Account, they just started transferring anything over £200 to it, which made me call them to query what was going on at the time, as i'd never heard of it.

 

Is the Agreement for my Gold Card enforceable?

 

Advise on where to go from here please?

Edited by carteradam
link not working

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hi carter, zos,

did u ever return the original claim forms with and admission of the debt or a defence, etc?

when were the CCJs entered?

what did u put as reasons for set aside on the N244?

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hi carter, zos,

did u ever return the original claim forms with and admission of the debt or a defence, etc?

when were the CCJs entered?

what did u put as reasons for set aside on the N244?

 

Hi

 

Again, he didnt return any forms with admission of debt or a defence. Head in the sand approach i'm afraid.

 

The 2 accounts show as defaulted on his credit file on 20/03/06 & 04/03/06. There is 1 CCJ for total of both amounts, & costs on his report as entered at The Brighton County Court on 09/05/06.

 

Land Registry Title register search, the following appears:

(04.08.2006) Equitable charge created by Interim Charging order of

the Brighton County Court dated 5 June 2006 in favour of American

Express Services Europe Limited.

NOTE: Copy filed.

 

 

 

As far as I am aware, he completed the N244 & affidavit & handed to the Court this Tuesday 28th July) with option 1) Do not admit the amount of the alleged debt, and reasons were They have failed to comply with CCA request in prescribed timescales, also SAR, and he mentioned the penalty charges as disputed.

 

Hope that makes some sense? As i said, i dont really understand this process myself :(

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have a look here it may explain it better. getting the judgment set aside means having it returned to the point of the original claim, including removal of the associated Charging Order:

Debt Factsheets - How to set aside a Judgment in the County Court

 

it may be wise to send off to the court and ask for acopy of the original claim form and any attached documents. send £5 with it which covers the cost of up to 10 sheets which will undoubtedly be ample. this could come in handy later as well as allowing u to reference the POC (points of claim) in any court proceedings. under the CPR any court other than Northampton Bulk Ctr, they are supposed to attach the relevant docs to the claim if its a regulated agreement.

 

CPR for setting aside:

PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT - Ministry of Justice

 

it may be worth having a search aroud the site for similar examples to see the process they have been thru here is a winner:

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/139232-hfc-restons-charging-order.html

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