Statutory demand brachers/amex next steps

[DarrellGT]

Hi fellow caggers,

 

Not sure if this is in the right forum, but here goes.

 

My wife got a statuory demand through the post from amex solicitors, Brachers LLP. I was just going to ignore it but after reading other threads, decided to go for set aside. I filled in the forms and sent them to the court, who have now replied with a date for a hearing in early August.

 

I understand that I have to send one copy of the paper work to the claimant but what do I do with the other, do I send it back to the court? or send it to my nearest court?

 

Any info/advice gratefully received.

[the_shadow]

Which paper work are you on about?

 

Generally you should always send documents to the court as well as the claimant.

 

S.

[DarrellGT]

Which paper work are you on about?

 

Generally you should always send documents to the court as well as the claimant.

 

S.

 

The court have sent me copies of the SD and forms 6.4 and 6.5, also paperwork with the time and date of the hearing. I understand I have to send one to the claimant who issued the SD, but not sure why I have to send one back to the court, as they have the originals.

[the_shadow]

Strange, they should have sent a copy to the claimant

 

Might be worth giving the court a ring in the morning and finding out if they have already sent a copy to the claimant. If they have you need to do nothing apart from prepare for the hearing. Have you prepared a witness statement and your costs estimate.

 

S.

[DarrellGT]

The letter that came with, says that I need to send the docs to the claimant. I will post one copy off to the claimant.

 

The witness statement and costs are what I need to know how to do

[the_shadow]

Have a look at the stat demand successes here: http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

This one is a good one to follow:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?349081-Lowells-Hamptons-SD-***-WON-WITH-COSTS-***

Edited July 24, 2012 by the_shadow

[DarrellGT]

Thanks for the threads.

 

I have sent a sar request to Amex, and asked for the cca from brachers. After reading the threads, I will send a cca request to Amex as well and send a CPR to brachers, as I don't have any paperwork from them at all.

 

I sent a letter to Amex asking for the ppi on the card, they sent a letter back saying that there wasn't any. I read somewhere that they would deny this, which is why I sent a sar to them.

[DarrellGT]

Ok, after reading Khemist's thread, I now realise that the CPR rules don't apply.

 

My question is, do I just write to the claimant requesting default notice, notice of assignment, etc, because I don't have any of these.

[DarrellGT]

Got my Sar paperwork from Amex today, No PPI on the account. Looks like I'm off to court wednesday to lose. Dammit

[DarrellGT]

Brachers have said that the will petition for bankruptcy immediately. Bye Bye house

[Craftygirl42]

I am only going by what I have read cos we are stuck in the same process.

 

Did the SAR include a copy of the agreement, notice of assignment and default notice, cos think you can still fight on if you dont have these. You need the case law to argue why you need these and these details are available in the Statutory Demand threads. I also believe you can get it set aside because there were unlawful charges so you dispute the amount owed. My account has gone up during the passing around to DCA's but dont know why, so think that gives me a case to dispute it.

 

I am sure someone else will be along with more knowledge soon

 

Dont give up yet

[Old Cogger]

I am only going by what I have read cos we are stuck in the same process.

 

Did the SAR include a copy of the agreement, notice of assignment and default notice, cos think you can still fight on if you dont have these. You need the case law to argue why you need these and these details are available in the Statutory Demand threads. I also believe you can get it set aside because there were unlawful charges so you dispute the amount owed. My account has gone up during the passing around to DCA's but dont know why, so think that gives me a case to dispute it.

 

I am sure someone else will be along with more knowledge soon

 

Dont give up yet

 

 

A SAR does not have to include CCA1974 agreement you would have to request one, by sending a £1.00 Postal order, they then have 12 + 2 days to produce before they are in default until one is produced under section 77/78/79, but a copy of an actual section 61 would need to show to produce in court if necessary.

 

If you send request to the originator or via DCA write on the back for CCA1974 purposes only.

[DarrellGT]

I sent a cca request to to the dca. they returned the postal order and said that they had requested the required documentation from their client. It looks like the sar has a photocopy of the original application form and two copies of terms and conditions. Only 1 signature on application, none on any thing else, just blank docs

[Old Cogger]

I sent a cca request to to the dca. they returned the postal order and said that they had requested the required documentation from their client. It looks like the sar has a photocopy of the original application form and two copies of terms and conditions. Only 1 signature on application, none on any thing else, just blank docs

 

There you are, the CCA your possible answer unenforceable\???

[DarrellGT]

There is also default notice in with the SAR. No letter of assignment, but the dca does seem to be in contact with the creditor as they have sent some of the info as well. copies of T&C's some statements and a photocopy of the application.

Edited August 11, 2012 by DarrellGT
more info

[DarrellGT]

Checked again, no signed agreement, only application form with 1 signature, and it's not anyone from Amex

 

What really gets my goat, is that Brachers went straight for the SD, after they were asked to put everything in writing. 1st contact on the 28th May, SD by 21st June!

Edited August 11, 2012 by DarrellGT
adding info

[DarrellGT]

Ok, I have court on wednesday. Can I send an account in dispute letter to the court as the dca hasn't provided me with an CCA agreement or a notice of assignment. Really need to know this asap as will have to be posted tomorrow.

Edited August 12, 2012 by DarrellGT
more info

[42man]

Just for clarification....was it an AMEX credit card (or one of the other ones where you need to pay the full amount back at the end of the month ?) Have you checked the statements as per Kotecha vs Phoenix. You don't need to send an account in dispute letter to the court, you may find this useful too - http://www.consumeractiongroup.co.uk/forum/showthread.php?355482-SD-from-Lowells-via-Hampton-Legal-for-CAP1-card-debt-HELP!!&highlight=wilson

[DarrellGT]

It was a platinum credit card from American Express

[42man]

You may find American Express vs Brandon useful to know about too - http://www.bailii.org/ew/cases/EWCA/Civ/2011/1187.html

[DarrellGT]

Just been going through the Sar, which I received on Friday, and found some letters from Newman DCA offering a 20% discount on the debt. This was back in 2008.

[42man]

I presume the debt isn't statute barred is it ?

[DarrellGT]

No it isn't. Stopped paying it oct 2008. Went into an IVA Dec 2008, which defaulted in May, due to being 8 months behind because I was out of work for a total of 6 months. Wasn't able to catch up on the payments and they didn't seem to interested in a variation, but thats another story.

 

The CRA file also says that the debt belongs to American Express. Does this mean that Brachers cannot pursue the debt because they have not sent a notice of assignment and there was no section C on the SD?

Edited August 14, 2012 by DarrellGT

[DarrellGT]

If you lose a SD set aside hearing, can you appeal?

[42man]

Yes you can....