Amex ordinary claim / CC debt

[Dave155]

I have a sheriff court citation by Amex for credit/charge card debt and i was trying to fill in the details for ordinary claim but i don't have anything like "BOX E2" etc, anyway i've tried to fill it out the best i can and was hoping i can get some advice.

Thanks

name the issuing court: Glasgow Sheriff Court

Who Is The Claimant: Amex

Who Are the Solicitors: BTO

What type of action? (Simple/Ordinary): Ordinary

What is the claim for –

2. The Pursuer provided the defender with a charge card under account *******. The charge card provision is not regulated by the Consumer Credit Act 1974. The Defender incurred charges totalling £8992.24 on the Chargecard. The balance remains outstanding and due to the pursuer.

 

3. The Pursuers issue the American Express Credit Card and in particular issued to the Defender a card numbered *********. The Defender s use of said card is regulated by the conditions contained in the Cardmember Agreement which was issued to him with said card.

 

The agreement between the parties is regulated by the Consumer Credit Act 1974 as amended.

 

A copy of said Cardmember Agreement is produced herewith.

 

It is a condition of the contract between the parties that the Defender pays within 25 days of the periodic statement issued to the Defender by the Pursuers the minimum sum specified therein.

 

The Defender is in breach of said condition and consequently the entire balance outstanding on said account is now repayable. 

 

On or about the 15 February 2018 the Pursuers served a default notice on the Defender in terms of Section 87(1) of the Consumer Credit Act 1974, a copy of which is also produced. The defender has failed to comply therewith. The balance outstanding in terms of said agreement as at the date of raising these proceedings was £7113.17

 

There is a total balance due by the Defender to the Pursuers of £16105.37

 

date of raised claim :- 13/02/19

 

Last Date Of Service:-

 

Last Date For Response:- 06/02/19

 

What Documents are listed in Box E2:[or in your form requesting the same?] Amex Canada Intranet E-application, a copy of default notice dated 15/02/18

 

Claim is for charge card & credit card

 

BOX D5 what has the claimant stated:

IN FULL…..

 

from your knowledge: answer the following:

 

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

 

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?

 

Did you receive a Default Notice from the original creditor?Yes I think so

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

 

When was you last payment:-I’m not sure

 

Why did you cease payments:-Around March

 

Was there a dispute with the original creditor that remains unresolved?No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?Yes

[dx100uk]

only thing you can do is a time order

NOT a time to pay

make SURE you select and ONLY fill out the right bit on the paperwork.

[Dave155]

only thing you can do is a time order

NOT a time to pay

make SURE you select and ONLY fill out the right bit on the paperwork.

 

Ok, thanks for the advice.

[Dave155]

On 2/22/2019 at 6:18 PM, dx100uk said:

only thing you can do is a time order

NOT a time to pay

make SURE you select and ONLY fill out the right bit on the paperwork.

Can you still do a time order if one of the debts is not regulated by the consumer credit act 1974?

Is there any benefit of requesting a 'time order' vs a 'time to pay' if i was wanting to pay back a monthly sum?

Thanks

[dx100uk]

they are not two debts..

[Dave155]

Ok that is what i thought..

Also, do i need to fill in box B5 on the time order application?

It looks like this...

 

Details of regulated agreement

5. (a) Date Of agreement

     (b) Reference number of agreement

(please attach a copy of the agreement)

   (c) names and addresses of other parties to agreement

   (d) Name and address of person (if any) who acted as surety (guarantor) to the agreement

   (e) Place where agreement was signed (e.g. the shop where agreement signed, including name and address)

  (f) Details of payment arrangements

     i   The agreement is to pay instalments of £....per week/month

     ii The unpaid balance is £..../ i do not know the amount of arrears

     iii I am £.....In arrears / i do not know the amount of the arrears

 

Edited March 1, 2019 by Dave155

[dx100uk]

thank you for question here posted at 14:54

and the two pm's chasing help

at 14:56

and again at 22:42: saying...if you aren't able to help me out with my question, it's ok, just let me know so i can try and get some advice elsewhere. 
Thanks, dave

I replied by PM recently but for ref....

1st you don't need to send people a PM if they have already posted to your thread everyone inc you gets an automatic email when anyone else posts 

2nd this is voluntary forum and people have a life outside of it...its not very good netiquette to chase people .

I am not sure if you have researched anywhere at all but if you had you should have seen you only had 7 days

read the attached helpsheet page 12/13

as for the time order questions above

the answers are already on the writ you received from the claimant as you answered in post 1

 

 

raising-and-defending-ordinary-action-in-the-cos100810[1].pdf

[Dave155]

Understood Dx100uk, ...crossed lines...  i thought you had originally told me via pm to pm you when i updated this thread, my bad.

I'm not sure what you are pointing me to in that pdf as it is about lodging defences which i'm not doing.

 

Also what do they mean by this? How can i give the date of the agreement if the court action is for two outstanding debts which i assume will be two different agreements, or am i misunderstanding it?

Details of regulated agreement

5. (a) Date Of agreement

     (b) Reference number of agreement 

(please attach a copy of the agreement)

 

and what is this asking for? My offer of what i can afford to pay per week/month in the time order?

 

 (f) Details of payment arrangements

     i   The agreement is to pay instalments of £....per week/month

     ii The unpaid balance is £..../ i do not know the amount of arrears

     iii I am £.....In arrears / i do not know the amount of the arrears

 

Edited March 2, 2019 by Dave155

[Dave155]

I've filled in all the time order details except for Part 5B, i've attached a copy of the form so you can see what i'm on about

form-o3---notice-to-be-served-on-defender-in-ordinary-action-where-time-to-pay-direction-may-be-applied-for-actions-lodged-on-or-after-4-april-2011.doc

[dx100uk]

yes that's what I down loaded and looked at late last night.

i'd just fill in a+b with the date/agreement number of the credit card from their claimform [red bit post 1]

leave the rest blank bar:

e} put online sign up.

f 1. your offer PCM [per calendar month] circle month.

ii. sum claimed in the red bit post 1

iii. sum claimed in the red bit post 1

post to the court  and copy to amex solicitors

should see it sorted

don't make your offer too high that you cant keep it up if bad things happen to your finances.

what were you thinking of an offer PCM?

[Dave155]

Cheers for the help dx100uk

Is the date you refer to at the a+b part of the form below... the date that i originally made the credit application / the date i defaulted or the date they raised it with the court? "i'd just fill in a+b with the date/agreement number of the credit card from their claimform"

Thanks

 

[dx100uk]

what it asks for on the form.