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    • Thanks DX - I wondered about the blacked out bits. That's their doing not mine obviously.   Attached is the exhibits part of the bundle. Sorry about this, no matter what I compressed the whole thing down to I got the oversize message, even if the filesize on my computer was showing as well under 4.8mb   The_exhibits-compressed.pdf
    • Thanks Bankfodder!   Hello again everyone.    I received my SAR back from Elderbridge and what and absolute load of **** it is!   1.  They did not send any transcripts or recordings of any phones calls  - both myself and my husband spoke to them in Aug 2016 (noted in their diary notes) and I called them in Dec 2018 (again noted in their diary notes) it was the same day they sent the reply even though they have mentioned me calling in their notes on that day, so not sure I should let that go or not!   I also spoke to them in July 2016 (again in the notes) and I spoke to them in Dec 2012 (again in the notes)    2.  Going through the diary notes in the beginning notes were sporadic mainly because we were making payment and everything was ok, then later as things changed there were notes almost once a month, then in NOV 2012 and Dec 2012 frequency of notes increase as this is when they began court proceedings.  and throughout 2013 again lots of notes made - mostly their in house stuff about court dealings and so on - so that's fine. then in NOV 2013 hey made a not re the court date in OCT - saying that they were ordered to treat the loan as having a fixed rate from inception and sent off etc.  BUT from 21 Nov 2013 to 17th June 2014 there are no notes at all!  Now the hearing was on the 10th Jan 2014!   17/06/2014 14:43 *****Substantial EVS costs to be added to any SF ****** 17/06/2014 14:43 EVS Defended + At the hearing on 10/01/2014 an SPO for 500 on 26/01/2014 and then CMI + £60 wef 26/02/2014 plus MJ for £103,331.03 suspended on the same terms. It was also held that we could add our costs - Defended costs on this case are £33,879.80. 17/06/2014 00:00 Reviewed Reviewed 17/06/2014 00:00 ***Defended Costs*****:To be added to any SF ***Defended Costs*****:To be added to any SF 21/11/2013 04:13 ADHOC Statement Printed From 03/10/13 To 13/11/13 Batch 2015 Sequence 28 Printed 13/11/2013 00:00:00   Above you can cleary see the gap then suddenly the first notes talk about the court case and costs etc, at the trial in OCT the judge reserved cost till the next hearing (also stated on the documentation from the court)  but then at that hearing in Jan 2014 we did not discuss costs - the 6 month gap I feel is very suspicious.    The final court document  dated 13th Jan 2014 says to pay the claimant £103,331.03 which is the amount outstanding under the mortgage and goes on to says order were not to be enforced as long as we pay etc.  no mention of costs at all - so they seem to just be adding them   3.   They sent a field agent to me in Jan 2018, I only knew this as on the 9th Jan 2018 I was working at home and heard the letterbox, thought it was the postman, went to the door to find an envelope shoved through the door with a letter in it saying they had been requested to visit me and that they called today but I was not in! and gave a number for me to call ( I saw the woman walking down the driveway - but she did not ring the bell! and I wasn't about to run after her!)   But in the notes they have written this utter lie!   30/01/2018 12:44 Field Agent Report Received The field agent visited the security address on three occasions. The customer was spoken to through the window. They refused to discuss and refused to answer the door. The contact number on file is not recognised. RFA - Not known Reasons for items not verified:N/A Details of variances of items outside of expenditure guidelines and reasons N/A Property is a detached house in good condation valued at £406,000. Equity not known. I actually cannot believe what I have read here! Can I ask them for some kind of proof of this, because I don't know who they are talking about but it certainly wasn't me!   4.  the documents they had sent me a joke, they have sent 77 documents in total, none of these are copies of letter from Elderbridge (which is who I sent the SAR to) all from First Plus and certainly not ALL of them, they have been bulked out by sending me copies of documents that I sent TO THEM for my court defence and there are strange Black boxes over some of the text!? which I don't understand!     After receiving this info from Elderbridge I decided to send a SAR to Barclays and I got a small package with a couple of letters, some diary notes and screen shot of the account, as well as a short statement of account. This was for our ORIGINAL loan from Feb 2006,  (we topped it up in June 2006) and the first one was closed.  The second one is the one that has been transferred to Elderbridge but Barclays seem to know be denying ALL knowledge of it! and I know that they still hold the beneficial interest of these loans and that Elderbridge regularly contact Barclays for help and advise - I have contact with other account holders who have diary notes from Elderbridge showing contact to Barclays!..   This week I also had a reply from the FOS (only from an adjudicator not an ombudsman) and his initial opion is that it's ok for Elderbridge to claim the costs as we defaulted, he seems to be ignoring my argument that the relationship is unfair etc but I will be sending this back and asking for it to be looked at by an ombudsman.   But was hoping that someone here could give me any advise re all of this - sorry I know it's a lot!!
    • why all the blanked out stuff in the parking contract? and no proof its paid this year either?  
    • pop the exhibits as a sep file i'll merge them for you
    • Thanks.   I've managed to reduce the file size and deleted from this copy all of the pages of photos and copies of the signs. Just their witness statement and the photos of the car parked up remain.   They say "My company relies on Parking Eye v Beavis (2015) in which it was accepted as an established principle that a valid contract can be made by an offer in the form of the terms and conditions set out on the sign and accepted by the driver's actions as prescribed therein"   Is there a refutation to this case anywhere? Or do I not argue that  and just refer back to EB's earlier post and focus on the signs?   "What you are writing is roughly your side of events and referring to the evidence you can provide so that will include their signage, any evidence or lack of authority for them to offer anything, their paperwork if that doesn't create a liability, the POFA where the vital phrases have been missed by the parking co or the timescales missed.   then you pick holes in the wording and substance fo their claim, for example, contractual sum or breach of contract - they are different. are they claiming from you as driver or keeper, cant assume they are one and the same.   What about the amount claimed? it will invariably include unicorn food tax so if they are saying keeper ia liable they are limited to asking for the amount shown on the NTK and you should make this clear as it helps damage their assertion that driver and keeper liability are the same thing   As they havent responded to your CPR request for documents you can start off with that but it isnt a golden bullet, "   thanks Bundle_the_approved,_signed_statement_with_the_exhibits-_Reduced.pdf
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stevehatesbankers

Agressive AM Ex

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How long were Newman chasing you?

 

My debt is with them at the moment, and I'm at the F&F stage after 3months.

 

My experience is, you must be willing to call their bluff at every opportunity.

 

I suppose you might have got a F&F away with newman, given time, but they sold your debt on. So just do the same with your current DCA.

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Am Ex doesnt appear to get the exposure of the bigger boys on here but I would appreciate any guidance regarding my fight with these. I am considering sending a letter acknowledging receipt of their letter but stating the sending of the oldest T&C's dont satisfy The CCA 1974 as the T&C's should be applicable to my agreement. Could someone please confirm whether or not I am correct in relation to this statement.

Also, I had RMA on the phone this morning. The girl on the phone said she was from RMA then she said she was from Am Ex. I queried this and asked her to confirm who she represented. After a mumble, she eventually confirmed that it was RMA. These people are fraudulent and are the lowest of the low

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IMO after Carey vs HSBC whats required for an old pre 2007 agreement s78 request is a copy of the original signed agreement plus all variations (t&c's) since inception.

 

RMA/NCO are annoying but they tend to give up after no contact, rejection letters etc... just keep stating to them that you are in dispute with Amex, eventually they will pass it back/on. Expect to get a phony postcard from a Mr Green or Mr Brown saying they'll come round in 7 days time.

 

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

 

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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.

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Thanks shadow. They have confirmed that they have sent their oldest T&Cs they have available as they longer hold on their system the original T&C's. The agreement they sent was dated 2004 (that they allege is a copy of mine) My agreement is early 2003

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Just an update on this one. RMA have been given the red card and its back to Newmans. The usual threats of possible legal action if I dont pay in full. They state the following:

"We have provided you with a copy of the application form which you have signed, and from that you will see it is clear that by signing the form you were entering into a credit agreement. The signature box contains the phrase "This is a Credit Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms".

When entering the credit card agreement with you, Amex were required to send you three copies of the agreement. The first copy (set out as an application form) was sent out in duplicate. One copy would have been signed by you and returned to Amex. The second copy (unexecuted, in that it would not be signed by Amex) would have been yours to keep. The third copy sent to you would be an executed copy of the Agreement, as by that stage it would have been signed by you and by Amex. We do not send out a version that shows both of the signatures, but nevertheless send an executed copy, which is the 'card carrier' copy sent with your American Express credit card. This executed copy excludes the signatures, but nonetheless complies with the "true copies" requirement of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983. These regulations allow Amex to omit any signature and/or signature box, so although the card carrier is the executed copy, it does not have to include respective signatures. On the basis that you have received and have been using this credit card, we can only assume that you have been provided with the card carrier and therefore the executed copy of the Agreement.

 

 

Your thoughts and advices would be appreciated. Are they clutching at straws?

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The first copy (set out as an application form) was sent out in duplicate.

 

I bet it wasn't. Can you remember?

 

This seems to be the standard letter everyone gets. I think the words come from Rankine v Amex.


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Certainly dont recall receiving it. They have only sent me a copy of the signed 60 second application form and the 2004 T&Cs (their oldest T&Cs) whereas the agreement was taken out in 2003.

 

 

On a seperate issue, can we reclaim the £12 charges that they have applied to the account for late or non-payment?

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In my opinion if they thought they had a strong case against you I think that they would probably have taken you to court by now.

 

I'd be sending off £10 for a full SAR.

 

Once I had all my statements I'd be reclaiming all charges +CI at the current rate that they charge you for cash + 8% using this calculator.

 

Compound interest calculator!!!

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TBQH I would just kick Newman back into touch with a simple "acknowlege no debt, in dispute, don't deal with third parties - refer you to your client, sod off" letter.

 

Don't encourage the parasites and keep the emphasis on Amex.

 

Letter to Amex telling 'em the above.

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Just a quick update for you all. Am Ex allegedly still looking into my complaint. :-|

Newmans have issued threats to pass to Copes Solicitors so they must be starting to get a little frustrated so no further forward really.

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Steve - I would black out ur letters better - u can still see ur name...

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Just an update on this one. My account has now been referred to Brachers LLP. Received a letter from these stating that the account has been referred for collection and for the whole balance to be paid or to make contact to discuss payment. It just seems to be going round in circles. Anyone of Brachers and what are they like

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Hi Steve, I'm sorry your question hasnt received any responses, this is a self help forum and as such its up to the posters to search around and find the facts.

 

If I was you I'd do a search through the amex threads about brachers.

 

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.

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Heres an update from Brachers. A letter arrived this morning (always on a friday or saturday to try to spoil your weekend) referring to the Judgement given by judge Waksman re Carey v HSBC. They enclose (in their words) a reconstituted copy of the credit agreement comprising of:-

1/ a scanned copy of the front page of the actual credit agreement (its the front page of application form that has been previously scanned)

2/ a reconstituted version of the terms and conditions referred to in the last page of the agreement. These terms and conditions would have been formatted to appear on the reverse of the front page page of the credit agreement and thus would have been encompassed within the four corners of the document

3/ Copy terms and conditions as valid at termination of the credit agreement

 

They then go on to say "We have reviewed the comments which you have made, and believe that they are without foundation, and remain confident that our client will succeed with legal action against you, should this prove necessary. The agreement is clearly referred to within the application page and the credit agreement that there was text printed overleaf, which our client confirms to be the terms and conditions.

Furthermore, there is the wording contained within the application page of the credit agreement that the terms and conditions formed part of the agreement"

 

They again refer to Carey/Waksman stating the Judge stated the wording is sufficient to satisfy the content requirements and to prove the information of the credit agreement as defined by the act.

I highlighted to them that the credit agreement does not contain the prescribed terms as defined by the act. Their reply "Our client believes that all the prescribed terms were included within the credit agreement which was for a running account. On this basis, the agreement need not state the amount of credit, but instead can confirm the manner in which credit will be determined or that there is no credit limit"

 

Finally, they finish stating "We hereby put you on notice that unless payment of the full outstanding balance is received within 10 days from the date of this letter, we are instructed to commence litigation"

 

SUMMARY: I am convinced they only have the front page of the application form but would appreciate any comments and advice. They have attached a poor copy of a 2002 agreement and written on 'Reconstituted as at Application'

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Hi Steve,

 

Have you been following Amex v Brandon? If not have a search round the forums. Tread carefully....

 

uteb.


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They are correct that for a running credit account they only have to state the way in which the credit limit will be worked out and not the actual amount.

 

As for reconstructions, in Carey DJ Waksman stated that reconstructions can be used to satisfy s78 requests but he declined to decide either way on their use in enforcement actions.

 

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.

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