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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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      • 31 replies

Amex Corp Card- Brachers - Claim form received.


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Hi,

Looking for a little advice on how to proceed,I

 

I have received a CC claim form from Amex\Brachers regarding an outstanding balance on my former Amex Corp Card.

 

I got made redundant in January 2014, before leaving the company I submitted my remaining expenses to the company for payment (The company paid Amex dues directly).

 

I calculated my personal expenditure approx £2500 and paid this directly to Amex in February 2014 and

 

I received my redundancy payment at the end of February.2014.

In March I received a letter for late payment charges on an outstanding balance of £4415.41,

 

I responded to them that I had submitted expenses to cover this amount with my former employer and did not hear anything else

 

until April where I was contacted by Amex claiming to be the debt recovery department and asking when I would be settling my outstanding balance.

 

I explained as before that i submitted expenses to cover this amount, and that they should take the matter up with my former employer,

 

after a lot more call repeating the same information, I attempted to contact my former manager, the personnel department and the expenses department via the contact method for ex-employees.

 

After a lot more emails (the only method on communication they accept)

It was confirmed that my expenses although submitted were not paid as my former manager who is from Belgium had declined to approve them

 

. My manager has refused to comment on this despite email phone calls & Txt's. The personnel department will not get involved as I am now not an employee.

 

I repeated this information back to Amex who said they would contact my former employer for clarification,

 

I was then sent a list of statements by Amex detailing the outstanding balance and a demand for payment and a hefty interest/latepayment charges. This conversation has continued and continued,

 

Brachers then got involved and even suggested that I should sue my former employee for the money !

 

I am not in a position to pay the outstanding amount,

my former employer is refusing to get involved,

I have also learnt that former manager has now left.

 

I am getting nowhere. I am still out of work with many other debts starting to pile up and this driving me insane.

 

Any ideas on how would i file this as a defence for the CC, would this be accepted as a defence or am i wasting my time get the ccj and offer a £1 a month until restart work (hopefully soon).

 

Regards

 

Polymath

Edited by citizenB
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http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

Would you please read the link above and provide answers to the questions asked, then we can help further.

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

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Name of the Claimant ? - American Express Services Europe LTD

 

Date of issue – 15 July 2015

 

What is the claim for – the reason they have issued the claim? Money due for charge card services supplied (card number ending xx) to and at the Defendants request as detailed in monthly statements rendered culminating 12 September 2014 plus statutory interest pursuant to S69 County courts act 1984 at the rate of 8% per annum. Sum due at 12 September 2014 4137.9 less credit 0.00 Statutory interest 12 September to date at 8% per annum 277.51 The claiment claims the sum of 4415.41 plus continuing intrest 0.91 per day until judgement or sooner payment pursuant to S69 of the County courts act 1984. Costs the claimeent has complied with parts III and IV of the practice direction conduct, dated on this day 14th July 2015

 

What is the value of the claim? 4680.41

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? no charge card

 

When did you enter into the original agreement before or after 2007? before

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. - Original creditor

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? - no

 

Did you receive a Default Notice from the original creditor? - no

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - no

 

Why did you cease payments? - I made all relevant payments

 

What was the date of your last payment? - 14th February 2014

 

Was there a dispute with the original creditor that remains unresolved? Yes as in original mail

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a dmp plan? - NO

 

Thank you will carry out all other actions today

 

Polymath

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You advise that the date of issue of the claim is 15th July 2015.

 

Timeline is as follows:

 

Date of issue 15.07.2015 + 5 days for service = 19.7.205 + 14 days to acknowledge = 02.08.2015 + 14 days to submit defence = 16.08.2015

 

If you have not already done so, you MUST acknowledge the claim today (it should have been done yesterday). You can do this online using the password and claim reference to be found on the claim form.

 

I will alert others on the site team who will be able to help further.

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

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Yep get that claim ack'd now online at mcol

 

Go create an individual user registration

Then noting the long number given

Log in to mcol

 

Then respond to a claim

Select AOS box

And with the required info from the claim form

 

Defend all

Leave jurisdiction unticked

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi,

 

I acked the claim on Friday, and have since carried out all the other instructions and sent via registered signed for the other letters to the claimant and solicitor.

 

Thanks again for all your help

 

P0lymath

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Well they,ll need the signed agreement to get anywhere I think?

 

DX

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Polymath

 

The charge card...was this issued in your name only and not company related?

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Hi,

 

The card had my name with company name underneath, and was marked corporate card. It was used for all related expenditure connected with business, this was settled directly by company to amex on receipt of completed claims forms, any other 'personal' expenditure was settled directly by me.

 

KR

 

Polymath

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  • 2 weeks later...

HI,

 

Received a response from Brachers today, the letter states that they acknowledge my request, and will be contacting Amex to obtain the information.

 

Still nothing back from Amex directly.

 

What is my next step i need to submit a response by the 16th.

 

Any help greatly appreciated.

 

KR

 

Polymath

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def is due sunday.

but if you leave it till then

it wont get registered till Monday

 

 

ideally it needs to be in by 4pm today

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 months later...

OK, Long time no action...

 

Returned defense which was submitted on time.

 

Received a pack on Friday with the court date, (set as my local court) on the 10th of November 2015, this contained a statement from the solicitors, statements from my card use, copies of letters from solicitors to me.It also contained a copy the initial agreement signed by me, however unlike my original copy the top is very dark and you cannot see the text "joint & several liability". It also contains a copy of Thompson V London, Midland & Scottish Railway, court of appeal documentation 14 May 1929.

 

I received another letter today (without prejudice save as to costs) asking if terms can be agreed we could avoid court action.

 

Regards

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Are you able to prove that the expenses were company expenses - is there going to be any reference to the Manager not signing off on these, and his reasons why not ?

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

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