Jump to content

You can now change your notification sounds by going to this link https://www.consumeractiongroup.co.uk/index.php?/&app=soundboard&module=soundboard&controller=managesounds

 

You can find a library of free notification sounds in several places on the Internet. Here's one which has a very large selection https://notificationsounds.com/notification-sounds

 

 

BankFodder BankFodder

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Hi i have attachd photos and the letter also there are 18 questions   1.Do you uderstand the caution? "you do not have to say(or write), anything, but it may harm your defence if you do not mention, when questioned, something which you later rely on in court, anyrthing you do say may be given in evidence.   2. please sate your full name and address   what is your occupation and how long have you held this position.   what is the name of your employer the company you own?   3. please give your full account of how waste that contained correspondence addressed to you was found to be fly tipped material depositiied it then shows a map.   4. did you produce the controlled waste, shown in KM2 - KM6 below, deposited on the named road.   KM2 I have never seen before in my life KM3 is not a clear picture i cannot say i recognise or dont recognise these objects.   5. if not, do you no who produced the waste shown in photographs KM2 - KM6 depositied ---- if so please state there name and address.     6. did you deposit the waste, shown in photographs.   7. if the awnser is yes to question 6, please state why and the date you depositied the waste.   8.if the awnser was yes to question 6, did you ask permission to deposit the waste there? if so please give details of person or company.   9. if you did not depsoit the waste shown in photographs KM2 - KM6, depositied (name of road) do you know who did? please state name, address.   10. have you organised or paid to have any waste removed?   11. if the awnser to question 10 is yes, do you recognise any of this waste in photographs KM2 - KM6 pkease state photograph numbers.   12. if you asked or employed a third party to remove or organise and manage removal of waste, please state details name address etc. as well as a written agreement.   13. if you trannsgerred waste to a third party please state on what date, how i found the individuals and when i contacted them.   14. if you did employ or ask someone to remove the waste produced by you, did you check to see if they were a licensed waste carrier with the enviroment agency.   15. if you transferred waste to a third party describe the vechile used to transport the waste away.   16 uf you transferred waste to a third party please describe the persons involved.   17. did you do everything you now believe to be reasonable actions in the circumstances to make sure that any waste produced by you was transferred to a authorised person or registered waste carrier? please list actions taken, what else could you have done to check?   18. is there anything else you wish to add.     I have trid to upload files direct to this website but it said error 200   https://docdro.id/gnI3oBJ   https://docdro.id/BsMEPgn   https://docdro.id/i70Eu9U   https://docdro.id/gOhhUVe   Sorry i pressed something my keyboard and it sent
    • Thank you for that. I can't see any photos though, maybe you're working on that.   HB
    • The disadvantage to a creditor of a charging order or restriction is that they have to wait for their money.   The advantage to a creditor of a charging order or restriction is that it doesn’t become statute barred. It isn’t a “new cause of action”, and needs neither a new court claim nor a court’s permission to enforce, so they just sit back and wait (no six year limit).
    • Car parking investment companies shut down in court Aston Darby Group Limited and Drake Estates Property Company Limited     READ MORE HERE: https://www.gov.uk/government/news/car-parking-investment-companies-shut-down-in-court
  • Our picks

    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 5 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 7 replies
    • The courier industry – some basic points for customers. Read more at https://www.consumeractiongroup.co.uk/topic/421913-the-courier-industry-%E2%80%93-some-basic-points-for-customers/
      • 1 reply
    • The controversial sub-prime lender says the City watchdog is investigating its practices.
      View the full article
      • 0 replies
citizenB

AMEX - have issued claim papers-castella

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3833 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

Thread started for Castella:)

 

If you need moving to another forum or want a different title, just yell.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

Hi everyone

Amex have issued claim papers through the court recently.

Subsequently I have issued a CPR 31.14, requesting a true copy of the agreement , the default & termination notices. Amex have asked for 28 days to supply the documentation 'due to the methods of storage any further available documents could take up to 28 days to obtain'

I have sent back the court form stating I am defending the total sum.

I have also sent the court a copy of the CPR 31.14 I sent plus a copy of Amex's reply requesting 28 days & saying they would allow 14 days for me to file my defence after sending the paperwork ref the 31.14 request.

I will post up a copy of the application form which Amex purport is the agreement in a few days or so.

All help very much appreciated. Anyone got any thoughts?

Regards castella

Share this post


Link to post
Share on other sites
Hi everyone

Amex have issued claim papers through the court recently.

Subsequently I have issued a CPR 31.14, requesting a true copy of the agreement , the default & termination notices. Amex have asked for 28 days to supply the documentation 'due to the methods of storage any further available documents could take up to 28 days to obtain'

I have sent back the court form stating I am defending the total sum.

I have also sent the court a copy of the CPR 31.14 I sent plus a copy of Amex's reply requesting 28 days & saying they would allow 14 days for me to file my defence after sending the paperwork ref the 31.14 request.

I will post up a copy of the application form which Amex purport is the agreement in a few days or so.

All help very much appreciated. Anyone got any thoughts?

Regards castella

 

Dear Castella

 

Aproximately when was the account opened?

 

Have you received a Default Notice or a Termination Notice?

 

Can you post up the claim details minus any personal details?

 

You will probably need to submit a holding defence, I assume this is in an English court?

 

Was the calim issued through Brachers?

Share this post


Link to post
Share on other sites

Castella, can you please also post up the particulars of the claim.

 

When was the date of issue so we can keep on top of the time line, which is:

 

From date of issue to service = 5 days

from then you have 14 days to acknowledge service of claim

from then you have 14 days to enter a defence.

 

33 days from date of issue:)

 

BTW, I am moving you to legal issues forum

 

Oops, just read your post properly and discover you have the timeline in hand.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

Hi Monty 2007 thanks for the reply

Account was opened in 05

Default Notice was issued not allowing enough days 'ie :The payment due on your account must be received within fourteen calendar days from the date of this default notice'. -Yes it has been terminated.

Claim details are taken from Amex terms & conditions stating :

2.'the following are expressed terms of the Agreement

3. using the card. 8. Interest charges. 10. Statements & Payments.

11. Default & other charges. 17. Liability & Refunds. 18, Varying & transferring the agreement.

3. on ?? 07 the claimant served a D. N. on the defendant

4. The claimant subsequently terminated the agreement.

5.The defendant incurred charges on the card from 05 to 07.

6. The claimant is entitled to interest on the sum of£???

7. Alternatively the claimant claims interest on the total balance pursuant to s.69 of the County Courts Act1984.

8.And the claimant claims 1.£?? 2. Contractual Int. 3.Further Int. 4.Costs

Yes it is an English Court & No the claim was not via Brachers

I have asked the court to let me know on the filing of a defence.

All assistance greatly appreciated and welcomed

Regards castella

Share this post


Link to post
Share on other sites
Hi Monty 2007 thanks for the reply

Account was opened in 05

Default Notice was issued not allowing enough days 'ie :The payment due on your account must be received within fourteen calendar days from the date of this default notice'. -Yes it has been terminated.

Claim details are taken from Amex terms & conditions stating :

2.'the following are expressed terms of the Agreement

3. using the card. 8. Interest charges. 10. Statements & Payments.

11. Default & other charges. 17. Liability & Refunds. 18, Varying & transferring the agreement.

3. on ?? 07 the claimant served a D. N. on the defendant

4. The claimant subsequently terminated the agreement.

5.The defendant incurred charges on the card from 05 to 07.

6. The claimant is entitled to interest on the sum of£???

7. Alternatively the claimant claims interest on the total balance pursuant to s.69 of the County Courts Act1984.

8.And the claimant claims 1.£?? 2. Contractual Int. 3.Further Int. 4.Costs

Yes it is an English Court & No the claim was not via Brachers

I have asked the court to let me know on the filing of a defence.

All assistance greatly appreciated and welcomed

Regards castella

 

Getting visibility of the Application/Agreement would be useful, did you keep the envolope for the DN.

 

Who issued the Claim if it was not Brachers?

 

Westminster or Mishcon de Reya? They are the usual Amex sols.

Share this post


Link to post
Share on other sites

Hi Monty 2007--It wasn't any of those solicitors you have mentioned I will let you know by pm once I get a little further on if that's okay.

 

I will put on the application form, default notice, and particulars of claim on or before tuesday hopefully (it takes a long time to do it on the computer I have), once photobucket is in tandem with my computer if that's okay.

 

I have the original notice with an amex envelope

 

regards castella

Share this post


Link to post
Share on other sites

Hi citizen B

issue date was 07 July--date of franked mail posting was 14/07/09 from the court, date received was 16 July 09.

Regards castella

Share this post


Link to post
Share on other sites

030809_pg1.jpg

 

 

030809_pg2.jpg

 

 

030809_pg3.jpg

 

 

030809_pg4.jpg

 

 

030809_pg5.jpg

 

 

030809_pg6.jpg

 

 

030809_pg7.jpg

Share this post


Link to post
Share on other sites

I have posted above the application which Amex state is the agreement you can see it is stamped & signed 4th June 2005. In the statement of claim ,the claim states 'pursuant to an agreement dated 22 May 2005 between the claimant & defendant.You will see that the card was first used dated 1st June 2005.(the first statement states 27may to 26 June 2005) which is before the signature and date stamp of the Amex employee.

Has anyone got any thoughts about this and the dates please.

 

Also enclosed is the default notice dated 17 September 07 which gives 14 days from the date of the notice, and also the cancellation notice which is dated 5th October 07.

Also enclosed is the statement during the time of the cancellation which shows a balance of £4800plus.

Also the particulars of claim from amex

All thoughts very much welcomed

Regards castella

Share this post


Link to post
Share on other sites

Nice application....... no prescribed terms on it though :-D :-D :-D cant believe they have havent attempted to show any t&c that supposedly were on the back?

 

Default Notice, you've already spotted no 14 clear days to rectify

 

Sums... dont seem to add up, why the jump from the last statement to the amount on the claim form (before the interest) not their usual file referral fee or something like that?

 

They cant claim stat s69 interest on a regulated agreement claim and not sure if they can claim the contractual interest unless they warn you prior to court claim. Think thats governed in CCA2006 so I'll let someone more knowledgeable confirm that.

 

All in all Amex have cocked up, with a good judge that should get chucked out and you should receive a nice wad of costs.

 

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.

Share this post


Link to post
Share on other sites

Hi everyone

Can anyone please tell me when a credit card agreement actually commences please.(According to the regulations if appropriate).

 

At post 9 in the statement of claim Amex are stating that the purported agreement commenced with the signing of the application form.(22May05)

 

This was prior to acceptance for the card by Amex.

It is clearly on the application form a date stamp of 4 June 05 from Amex.

 

So what would the actual date be, it cannot be the 22 May 05 as is stated in the statement of claim (at post 9 above).

 

All help appreciated

Regards castella

Share this post


Link to post
Share on other sites
Hi everyone

Can anyone please tell me when a credit card agreement actually commences please.(According to the regulations if appropriate).

 

At post 9 in the statement of claim Amex are stating that the purported agreement commenced with the signing of the application form.(22May05)

 

This was prior to acceptance for the card by Amex.

It is clearly on the application form a date stamp of 4 June 05 from Amex.

 

So what would the actual date be, it cannot be the 22 May 05 as is stated in the statement of claim (at post 9 above).

 

All help appreciated

Regards castella

 

Dear Castella

 

The dates are not that important, they can always change their PoC. The key document is the Application form since they are claiming this is an enforcable Agreement, did they send a copy of the back portion?

 

Amex usually just copied the front section and discarded the original without also copying the reverse. BUT not always. The document that you posted does not contain the prescribed terms.

 

The DN also looks to be incorrect since, given service, they have not given you enough time to remedy the alleged default - did you keep the envolope?

 

Your defence should be a standard one, the enforcability of the "Agreement" and the DN. Have a look through the other Amex threads and their defence statements.

Edited by Monty2007

Share this post


Link to post
Share on other sites

Castella, looks to me as though you have a pretty good defence handed to you by Amex:)

 

When do you have to submit ?


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

Hi everyone

I think that there is some relevance with regards the dates -

the card was first used on the 1st June 05

the signature and date stamp on the application form /purported agreement is 4th June 05.

The card being used prior to the purported agreement being signed and date stamped/executed by Amex.

 

The application form had nothing on the back when sent from Amex.

 

A seperate booklet which stated this is a copy of your agreement for you to keep was sent.

 

This booklet does differ significantly from the Conditions sent by Amex's solicitor several months ago which in turn do differ significantly from the set of cut and paste formulated platinum conditions as included with the particulars of claim, which are illegible, in their attempts to put it all on an A4 sized one page document. (I will not put these on the thread at the moment until after receiving the response to the CPR 31.14)

 

I have requested under a CPR 31.14 details of the agreement, default notice and termination notice.

 

Amex through their solicitors have requested that they need upto 28 days rather than 7 days, to trace the documentation and will give 14 days from service by them of the documents for me to file a defence.

 

I have written to the court with copies of the CPR 31.14 and the claimant's solicitors response requesting more time, and asking do they require me to file a defence within the timescales, or when I receive the responses/paperwork to the CPR31.14.

I have as yet not had a reply from the court, but it is only 6 working days since the letter was sent to them.

 

The claim was issued on the 6th of July 09, but not posted out from the court until the 14th of July and not received until the 16th July.

 

Thanks for all your thoughts and constructive help.

regards Castella.

Share this post


Link to post
Share on other sites

Hi everyone

can someone please confirm when the agreement commences please.

Is it the date when you sign the application form?

Or the date when the application is approved and the credit card company date stamp it and sign it?

Or is it the date they send out the card with the executed agreement copy?

I need to know positively on this as I have to send in my defence which I am formulating at present, early next week --all help greatly appreciated.

Regards castella

Share this post


Link to post
Share on other sites

I would say that the contract starts when you have signed the agreement/application.

 

I would think it is irrelevant when you actually start to use the card in that you might have it for say a couple of weeks or even months before you start to use it (hard to believe I know, but possible).

 

It is also irrelevant as to when the document was signed by the creditor as long as it IS signed by both you and them.

 

I am assuming at this point you are putting in a holding/embarrassed defence if you do not have the documents you require ie the DN/TN and agreement .

 

The agreement appears to have no prescribed terms so that is going to be your main attack plan, isnt it ?

 

I wonder if it might be worth raising the timescale on the Claim form. It is quite odd that the date of issue is 6th, and not posted out until the 14th. Do you have the envelope with the date stamp on it ?


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

Hi there everyone

Amex have sent back their replies to the cpr 31.14 request.

amex have attempted to cut and paste some terms and conditions to the back of an application form in a hopeless attempt to conform/comply.

Is this attempt at trying to deceive under the CPR rulles punishable in any way does anyone know please? Its a blatant attempt and does differ considerably from ones already sent and stated to be true copies from Amex via a debt collector etc

All help appreciated

Regards Castella

Share this post


Link to post
Share on other sites
Hi there everyone

Amex have sent back their replies to the cpr 31.14 request.

amex have attempted to cut and paste some terms and conditions to the back of an application form in a hopeless attempt to conform/comply.

Is this attempt at trying to deceive under the CPR rulles punishable in any way does anyone know please? Its a blatant attempt and does differ considerably from ones already sent and stated to be true copies from Amex via a debt collector etc

All help appreciated

Regards Castella

 

In theory the ones sent in response to a CPR 31.14 request should be the ones relied on in court, however thats down to a judge at the end of the day on what they will accept as evidence and how delivered. What is important tho is the true copy ones are different again and as such it should cause confusion on what is the correct agreement/application and do Amex actually know themselves what the real agreement/application looked like at time of signing. Should all strengthen your case in my opinion.

 

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.

Share this post


Link to post
Share on other sites

 

Amex through their solicitors have requested that they need upto 28 days rather than 7 days, to trace the documentation and will give 14 days from service by them of the documents for me to file a defence.

 

I have written to the court with copies of the CPR 31.14 and the claimant's solicitors response requesting more time, and asking do they require me to file a defence within the timescales, or when I receive the responses/paperwork to the CPR31.14.

I have as yet not had a reply from the court, but it is only 6 working days since the letter was sent to them.

 

 

You have done the right thing by applying to the court re. the extra time allowance & you MUST get the confirmation from the court or put your defence in at the 28 day mark.

 

It wouldn't surprise me if this was a deliberate attempt by Amex to lull you into a false sense of security & then they bang in for SJ on the 28 day mark. Stay alert.


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.

 

Share this post


Link to post
Share on other sites

It's quite obvious from recent cases that Amex are following up issuing an N1 that is defended with a N244 application for summary judgement.

 

As your N1 was issued on the 7th and not mailed until the 14th, it seems the court of issue is behind on their paper work.

 

I agree that it it imperative that you speak to the court to confirm the possible extension to the date on which your defence should be filed. If you cannot get agreement, then you should enter a holding defence and state you reserve the right to enter an emended version once Amex's solicitors have responded to the 31.14 request.

 

The agreement looks like their usual poor excuse for an enforceable agreement, the DN is true to form with Amex (useless to them) in that it does not allow time for service (CPR 6).

 

So they have terminated on the strength of a useless DN. Therefore they are only allowed to claim the arrears (£232) and you have a counterclaim for unlawful termination.

 

Don't play games with them. They are like a cornered wild animal at the moment (ie, they're dangerous) - you must treat this seriously. There is all the help you could need available here.

 

I would defend and enter my own N244 seeking their claim to be struck out as it shows no prospect of succeeding due to the non-compliant CCA and faulty DN.


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

Share this post


Link to post
Share on other sites

thanks for that everyone- they have given me two weeks further to put in my defence which has been confirmed by the court.

I will consider your thoughts ref n244-& thanks for your concerns and help

regards castella

Share this post


Link to post
Share on other sites

CPR 15.5 allows parties to agree to extend the deadline for filing a defence, the onus is upon the Defendant to notify the court of such arrangement.

 

Requests pursuant to CPR 31.14 can only cover disclosure and inspection of documents actually referred to within the pleadings.

 

Dont forget, despite the fact that it is normal for parties to actually disclose copies or photocopies to be more precise, there is a provision within the rules for you to inspect the original document which the copy is taken from.

 

I have just served a written request on MBNA for a client and they are panicking at the mo, so it can be very helpful

Share this post


Link to post
Share on other sites

thanks for that pt2537- good to have you batting on my side.

 

I have today sent them a further letter -with an apology -but also requesting inspection of the original document.

regards castella

Share this post


Link to post
Share on other sites

Hi everyone

Defence now finished and going in now

Amex under CPR 31.14 have sent further copies of ten pages of terms & conditions in attempted compliance to the CPR 31.14,

so in consequence of their failings:

I will be writing to Amex's solicitors requesting a right to inspect a document, with ref to cpr 31.15 and under 31.14 --a party may inspect a document mentioned in :

(a) a statement of case.

31.15 where a party has a right to inspect a document -

(a) that party must give the party who disclosed the document written notice of his wish to inspect it.

(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...