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backdoor Amex/Stevensdrake CCJ & OR has now lost his right to our homes now


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Has anyone had dealings with Amex and Stevensdrake (a firm of solicitors according to their letterhead) who I assume bought my debt or are acting on behalf of Amex, perhaps I should ask.

 

Every so often they ask me to increase my token payment and it is only since discovering this site that I have changed my attitude.

 

I would imagine that my debt to Amex included a rather large amount of charges but as far as I can remember, my account was closed over six years ago.

 

I do not have my original correspondence.

Before I take this further,

can I claim back the charges even though they might have been added over 6 years ago (and reduce the debt) and is it advisable to ask Stevensdrake if they bought the debt or are acting on behalf of Amex before issuing a CCA?

 

Any thoughts?

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  • 2 weeks later...

Thanks for the post Zooman. I hope I've done this right.

 

At the time of the bankruptcy (2001) we did not have anything left to purchase the wife's share.

 

I have read all the bumf and while I can understand most of it (I was a civil servant for 30 years)

there are bits that I am probably mis-reading.

 

Under the new rules I think the OR has until 1/4 to take action on our property and not 3 years following bankruptcy.

 

I may of course be wrong; perhaps you would like to comment, all advice is greatly appreciated. Rightly or wrongly we've got our fingers crossed for 1st April.

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Guest Zooman

that's correct, of course I do not know how the PRU is going to deal with any matters that have escaped the hole, what I have been advising anyone who is in this boat unless they want a loan or to move to leave the trustees caution on the house and allow more time to pass before starting action to remove the caution.

 

I can not tell you how much I have been looking forward to this date. The end of the money grabbing thieves of IPs getting money for old rope. They are the only reason I believe in God, in the hope they go to hell for all time.

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Zooman

 

I could not agree more.

The system stinks and if I wasn't a well mannered geordie my language would be well, you can guess.

 

Although it was my wife's bankruptcy we shared the burden like good couples do.

I was actually the 2nd largest creditor.

Good old Lloyds was the biggest.

Knew I'd get the barstewards back somehow!

 

The unfortunate side is that I ended up not being able to pay my credit card bills but I did set up small token payments.

They might go away eventually with the help of CCA's.

 

Another thing, I got a credit report yesterday and I've got a CCJ which I knew absolutely nothing about.

I now have to investigate this.

Could turn out to be a good thread.

 

We've decided that the excuse of a CCA sent from Stevensdrake is not a kosher CCA.

I've contacted Stevensdrake again asking to send the real "I am".

They are investigating.

 

I have received a copy of my credit report and was horrified to find a CCJ.

I can honestly say I know nothing about this and it is certainly there without my knowledge.

 

I have of course, set the ball rolling re investigation.

It could only have been SDrake/Amex who put it there (as the court is Brighton) but I made arrangements to pay my debt off at a nominal sum before the case went to court. I am gunning for these twits well and proper now!

 

12 working day expiry is up to day, roll on the next thirty.

SDrake are looking into my claim re; the CCJ.

 

I'm sending an Email everyday but it seems they work at snail pace in Crawley,

no offence to all you hard workers out there in Crawley.

 

Even Brighton court haven't bothered to reply'

What is it about Sussex?

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  • 1 month later...

I've just been glancing at bits and bobs of the enterprise act 2002 and although just skimming, I'm pretty sure that the OR has lost his right to our homes now (as long as one has not been taking liberties) as he didn't action prior to 1/4/07.

 

When I get half a chance I'll try and put the new rules against the old rules but at the moment I'm 99% certain the OR cannot come knocking and to be honest, as we've not heard from the PRU, before now, I don't see what they can do.

 

That's outsourcing for you (something I know a lot about having been a civil servant for 30 years).

If anyone has any contradictions, feel free to let rip.

 

I have been perusing the Myvesta UK web site and today,

I have come across a video from Mike Norris of the Insolvency Service.

 

The video confirms what I was nearly sure about and the interest in our property is automatically returned to the ex bankrupt as the OR didn't take any action before 1/4/2007.

 

I also had an on line conversation with Marcus, the Senior Advisor on the Myvesta site and he agreed that shouldn't be any problems.

 

However, the OR has not advised the Land Registry to remove the caution from our property so it looks like I will have to write to the OR and get an official "bit of paper".

 

I'm going to do that as I have no fears now.

If the OR says he made a mistake I'll just say "tough cacky" and throw the video in his face; along with support from my MP.

 

Zooman

 

If you are still around you may be interested to know that I have finished the Official Receiver off.

 

As I stated above I've read loads of stuff etc and had convinced myself that under the Enterprise Act the O/R could not now come back to us. I feel like an expert now and I will help anyone who needs it, even writing letters.

 

to cut a long story short,

I telephoned the Official Receiver (obviously I was only able to speak to one of his deputies) and I explained the position as I saw it and convinced that I was 100% right

 

I demanded that the Caution that was registered against our property at the Land Registry be removed.

Of course it wasn't that easy.

The file would have to be recalled from archives.

That was a good sign anyway as files are only (usually) sent to archives when the case has been done and dusted.

 

I had to wait for a couple of weeks but the OR's lacky informed me that the Caution had been removed, I did of course check for myself. That was a major step forward.

 

I did expect however that she would have sent confirmation that the Bankruptcy was over and done with.

She didn't

 

I wrote her a very nice email requesting details.

My wife received a reply from the OR today and I quote

 

"The Official Receiver has considered the present administration of your bankruptcy has been completed and has no further interest in the above bankruptcy estate".

 

I do have to admit that we have been rather fortunate but we were due a stoke of good fortune.

One thing left to do now is to try and get an illegal (there is no executed agreement in existence and Amex should not have gone to court) CCJ removed from my credit file and everything will be hunky dory.

 

I do have debts that I'm paying off on cash that I took off credit cards to keep our business going (but failed) but obviously the main worry was the property. If anyone needs any assistance I will help as much as possible.

 

Ian

 

I have neglected this thread of late but I have now updated. Suffice to say, I am now going for the jugular.

 

I've sent a 3 page letter off to Amex setting out various reasons why I shouldn't have had a CCJ;

The absence of a properly executed agreement being the main reason obviously and I didn't get a notice of Default.

 

I've demanded the removal of the CCJ (not just satisfied) from my credit file.

I have accused Amex of obtaining the CCJ dishonestly and illegally but whereas I have the proof in the guise of an Application Form only, they cannot argue the toss.

 

In addition, I've threatened them with court as they haven't provided everything I asked for in my S.A.R - (Subject Access Request) request. In the event of a p... off reply letter, I have held some info back in reserve.

 

Any comments Zooman?

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  • 4 years later...

I have a debt with Amex and currently paying off at a nominal sum through Stevendrake Solicitors. I have not been able to get a hold of an agreement, just a copy of the application form. A few years ago ago, Amex obtained a CCJ (now dropped off). I questioned this but in the days before I knew anything regarding debt collection etc, I acknowledged the court papers. I told Stevendrake that as I have not been provided with an Agreement, my debt is not enforceable. Understandably, they came back and said as I acknowledged the court papers I acknowledged the debt and if I went to court, the court would agree with them.

 

A couple of weeks ago I received an invitiation to clear my debt by paying £x amount. I submitted a lower offer to them but that was rejected. It is now my intention to go back to Stevendrake and request my Agreement once again and if it cannot be supplied then the debt becomes unenforceable. As an arguement, would I be right in thinking that Amex originally obtained the CCJ dishonestly/illegally as there was no Agreement, only a copy of the application form, or is this a non - starter?

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Joe,to use the last line of your last paragraph,it is a NON STARTER,you can pretty much be assured in a court of law,the very fact that you have been making payments and Amex can produce an application form,can confirm your use of the money provided will get a ruling NOT in your favour.

 

Is Steven Drake taking any money for accepting your payments? If yes get rid of him and pay Amex direct.Have you had a statement in the last 12 months from Drake or Amex?

 

Regards FS

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Thanks very much for that FS, appreciated. Saves me from making a fool of myself.

 

I'll have to look in my filing but to be honest, I cannot remember receiving a statement for a while. I'll have to ask SDrake if he is receiving a fee. Thanks again.

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  • 5 weeks later...

Hi firstship,

Is Steven Drake taking any money for accepting your payments? If yes get rid of him and pay Amex direct.Have you had a statement in the last 12 months from Drake or Amex?

Regards FS

 

I have received a reply from Stevendrake and it says, "we confirm that our client (Amex) still owns the debt. They have not sold it to us and we remain instructed as their solicitors - the terms of our instruction is a confidential matter between Amex and ourselves." Is that it then or do they have to tell me?

 

Joe

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Morning

 

In a nutshell they do not have to tell you.

 

Personally I would drop the solicitors from the loop and pay Amex direct...that way you can be sure that future payments go direct to your account.

 

Write to Amex for an up to date statement of Account.

 

If there are any penalty/late payment charges on there, claim them back.

 

ims

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Joe.Hi..ims has it spot on.

 

As the solicitor/DCA does not own the debt pay Amex direct,get the monthly statements ,

 

Should you not have a record of statements then SAR Amex which will show you any charges that they have made,along with all data held by them regarding your account,then claim back the charges

 

FS

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  • dx100uk changed the title to backdoor Amex/Stevensdrake CCJ & OR has now lost his right to our homes now
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