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    • Guardian readers on here  trying to ignore this 🤣🤣🤣   “Was it my imagination, on Tuesday morning, that there were more than the usual number of possible Guardian readers looking down in the mouth? I don't think so. A few of them, with that hard-to-define but easy-to-recognise look of Guardianistas, appeared unusually pensive. Had some momentous event occurred that had made them question their prejudices? Later in the morning, I stumbled on a possible cause. There was an article prominently displayed in the Guardian print edition and on its website under the byline of the paper's Economics Editor, Larry Elliott. Its headline ran: 'I've got news for those who say Brexit is a disaster: It isn't. That's why rejoining is just a pipe dream.'”   STEPHEN GLOVER: Why won't the Tories trumpet the successes of Brexit when even the economics editor of the Guardian hails its benefits? | Daily Mail Online WWW.DAILYMAIL.CO.UK STEPHEN GLOVER: The headline of Larry Elliott's Guardian article ran: 'I've got news for those who say Brexit is a disaster: It...  
    • So I ask you –"when did you first have sight of this policy containing this exclusion?" And you answer – "when I brought the policy" And then I ask you – "what is the value of the damage your caravan has sustained" and you answer that it is probably a complete write-off    
    • Still waiting for the terms and conditions in a readable state please. Try reading what you have posted up on a telephone screen if you don't believe me.
    • DCBL are such ignorant idiots. The PCN is non compliant as the land is covered by bye laws so they cannot pursue the keeper. By Law the PCN not being compliant means that only the driver can be pursued.  So what DCBL ae going on about by saying that they can pursue you under PoFA 2012 is utter hogwash.  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.


      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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American Express - Bankruptcy!

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Hello everyone, Im a newbie here and would like some opinions please.


I got an Amex platinum Card in June 2005. By mid 2006 I was in trouble financially and to cut a long story short I became unable to make payments on the card. There was 9,980 owed.


If i recall correctly I may have received a couple of letters from Amex asking for payment.. BUT very very soon after I received a letter from a large solicitor firm telling me that they have been instructed by Amex in connection to this matter.


The letter said: " This letter constitutes formal notice of default and the agreement between you and our client is to all intents and purposes inoperative as our clients have cancelled the card"


They then requested payment of 10,000 PLUS referall fee of almost 2,000

to be paid within 48 hours (!!!) or they would start proceedings. I was amazed at the fact they they only gave me 48 hours even though they obviously knew I couldnt pay the funds at all.


I should let you all know I was a home owner at the time and its obvious know that they were aware of this so they decided to immediately and ruthlessly attack me. I say ruthlessly because from the time I received this first letter to them petitioning for bankruptcy was a matter of weeks! There was non negotiating whatsoever, no trying to understand, nothing..


Those few weeks were some of the worst weeks in my life. The stress, anxiety and weight on my chest every moment was unbearable. Seeing my name on the Bankruptcy Hearing List just weeks away made me panic and I remortgaged my house with horrible rates to be able to pay them off and dismiss the petition. I was in the end relieved to have paid them over 12,500 but in fact I was even deeper in debt.



Anyway, fast forward to 2010, all debts are gone even though its hell for a few years. IM not a home owner anylonger though sadly:(


Now Ive been hearing about these CCA requests and agreements being unenforceable etc and I thought Id throw my case out there (well, an outline of it) to get some feedback as to whether there is any chance I may have been unlawfully petitioned for bankruptcy, if ofcourse the CCA is deemed to be unenforceable?


Would I have a case in getting those funds back, or at least the interest, solicitors fees etc if CCA was deemed to be unenforceable?



IM completely in the dark. I have had a thorough search on CAG but began getting flustered and thats why Im asking for a 'hand' or an opinion on this.



Will be eagerly waiting to read some replies from knowledgeable people.









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  • 4 weeks later...


I had a similar letter today from Newman, on behalf of Amex. They threatened me with bankrupcy, unless I ring them etc.


I am interested in anyone who has been there with them too.


I had a letter from them saying that so I told them not without a court order you cant


The bastards soon changed their tune and 3 months on its been transferred to a company called RMA

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Newmans are the absolute worst (and I've had loads of experience with DCAs). I got into trouble with Amex a few years ago, wrote to them to explain my situation and proposed a reduced repayment plan (like all the newspapers naively advise you to do). My letter was ignored and Newmans harassed me relentlessly. BUT I think their bark is worse than their bite - they sort of disappeared after my CCA request. My file has been passed to solicitors and DCAs, all of whom backed off after I stood up to them.


It's ended up as a court claim, filed by Brachers solicitors (who have whacked on over £2,000 in legal fees - for 2 letters!) - it was stayed, pending the outcome of the Manchester test cases. I've recently rec'd a letter from Brachers, admitting the 'agreement' is irredeemably flawed but insisting that it's enforceable (!!) and asking me to offer a reduced sum as settlement. I'm not interested in that and will play the court scenario out.


Good luck to anyone dealing with Amex - but just keep batting the nasty letters back with nastier ones. if nothing else, it will buy you time.



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Forgive me if im wrong, and maybe I am with being out of country for so long, but if the original debt is not 'secured' on property and you make an offer of a payment arrangement, with a financial breakdown showing how much you can afford to pay, as well as send money pursuant to your proposals - regardless of their refusals - then how can they bankrupt you in court?


Does the old method of sending creditors your plans (and payments under those plans) directly not stop them from going to DCA's and whacking these £2k charges on top any more?

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I haven't been bankrupted - yet!!


In terms of the banks/creditors behaving in a civilized manner.....I think those days are long gone. Not one of my creditors responded to my proposals. They go straight for the jugular in the hope that intimidation and bullying will get a result. The DCAs also buy these debts at a considerable discount so even a marginal result is gravy to them.


The £2,000 is in respect of 'legal fees'. AND Amex has continued to compound interest on the account - over almost 4 years whilst it's been officially in dispute!!


Absolute thieves.



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Wow. Yeah i suspected those days wouldnt last, but i would imagine there are ways to carry them on? When sending them debt repayment plans, instead of sending cheques they may never cash, why not just pay the amount specified in your payment plan directly to their bank (as detailed ont he old credit card bills) via a transfer - including your account as reference (while ensuring the payment plans are delivered to them via special delivery mail to ensure the got them).


If they dont refund those bank transfers, then surely they accepted them, and as such implied a new contract based on your proposals?


Just a guess. im probly wrong :)


2000 in legal fees seems way out of line. is there no way to quantify these?

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Are you though? If the debt hasnt been sold, its still owned by Amex, regardless of who is 'representing' them on a legal front - be it their internal collections or external solicitor.


I hope your court case plays out well, i think at least you have some grounds to fight the £1k per letter charge during that case surely? I vaguely recall some precident a long time ago saying there was a max charge per letter. Ask them for a full breakdown of the charge and what it entailed maybe?

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