justtouchit vs american express

[justtouchit]

started my claim last month for £408 charges

 

had a letter today (following my 14 day lba deadline) they have credited my account with £228, difference between charges and their new £8 charge.

 

the letter states final offer and that if i persue futher may be liable for any legal costs they incurr

 

should i accept?

is there any chance i will have to pay any costs ?

[steven4064]

Hi

 

the letter states final offer and that if i persue futher may be liable for any legal costs they incurr

 

You won't be liable for any costs they incurr if you go through the small claims court even if you lose, which you won't so long as you stick with the tried and tested method on this site.

 

should i accept?

 

Ask anyone on this site and they will say it's up to you but they wouldn't accept it in a month of Sundays. Amex may think this offer is final but experince (lots and lots of it) says that if you don't give in (which is what they want you to do of course) they will eventually pay up everything you have asked for.

 

is there any chance i will have to pay any costs ?

 

Nope, see above.

 

Steven

 

[Josie8]

They did the same with me................I refused and they settled in full by return.............just remind them that you wiull be asking for full disclosure of how their charges are arrived at lol!:grin: :grin:

[steven4064]

They did the same with me................I refused and they settled in full by return.............just remind them that you wiull be asking for full disclosure of how their charges are arrived at lol!:grin: :grin:

 

Yeh, they don't like that!

 

Steven

[justtouchit]

im telling them that i will accept it as partial payment only.

 

as i have issued lba already how much more time should i give?

 

when adding intrest is it total + intrest - £228 offer

 

or

 

-£228 then interest on the balance?

[steven4064]

If you have already sent an LBa you don't need to give them any more time. Once the 14 days is up proceed to the next step - make a court claim.

 

They haven't actually paid the money so leave your claim as it is, as they will probably effectively withdraw the offer anyway.

 

Steven

 

If this post is helpful, please click the scales

[justtouchit]

have sent a thanks but no thanks letter

 

the 14 lba is noe up

 

do i now register the claim with mcol?

 

help im lost

[steven4064]

That's the next step - either via MCOL or an N1 to your local court.

 

Steven

 

If this post is helpful, please click the scales

 

[justtouchit]

dumb question but what is the difference?

[Josie8]

The main difference is that if you file online you have less space for POC and you will have to send appendix sheets seperately (so could be misfiled by the courts). However you can track case online but only untill defendants say they are going to defend then it reverts back to ordinary court system. Personally I filed at the court with all documentation attached (I've had personal experience of items such as skeleton arguments, response to claims etc being misfiled even when sent special delivery) but it comes down to whats more convenient for you - timewise.

[steven4064]

Personally I filed at the court with all documentation attached

 

So did I, but our local court is only 5 minutes walk away. MCOL is more convemient to start with but, as josie says, unless they settle straight away, it gets transferred to a 'proper' court anyway.

 

Also. if you use MCOL, you will have to enter into extra correspondence with the solicitors as the poor dears won't be able to understand your claim. MCOL has very limited space for PoC, again as josie says.

 

Steven

 

If this post is helpful, please click the scales

[MadKit]

Just a quick question, I filed a claim with MCOL against American Express for charges and PPI. The total amount was over 5 years for both charges and PPI. I was contacted by the solicitors and asked to delay applying for judgment as they wanted to send me a settlement offer. Stupidly I believed them. What they did was send a defence which has a number of blatant untruths. They obviously didn't mention the reason for delay in applying judgment and again I take blame for this but I will make this clear in the defence rebuttal. The charges and PPI are applied to the amounts that I'm claiming for which is not the full amount owed but a date range to fit in with the small claims track. Do I amend the claim to give more details on the PPI side? Or do I continue down this route and can I report the solicitors to the Law Society for their deceit?

 

[steven4064]

Do I amend the claim to give more details on the PPI side? Or do I continue down this route and can I report the solicitors to the Law Society for their deceit?

 

At this point you can only amend the claim by submitting a form N244 which cost s £35 which you can't reclaim from the defendant. What do you want to amend. If it is only to add more detail and not increase the claim, it is probably better to do it as part of your statement of evidence, if you ever produce one.

 

As to reporting tem to the Law Society, go for it. The only problem is that it was verbal and so it's your word against theirs.

 

Steven

 

If this post is helpful, please click the scales

[MadKit]

Thank you Steven. They have submitted a very detailed defence but I think most of it is standard, however, I have trawled through the site and can't find any typical defence rebuttals for PPI cases. Do you know where I can find these? I'm off to the loft now in search of T and Cs!

 

[steven4064]

MadKit

 

I'm afraid I don't know much about PPI. However, this has some useful stuff you might write into a Statement of Evidence as does this.

 

Has anyone else any aideas.

 

Steven

 

If this post is helpful, please click the scales

[justtouchit]

issueing mcol claim

 

which address do i use - customer relations? or reg office

[steven4064]

Registered office

 

Steven

 

If this post is helpful, please click the scales

 

Any opinions are without prejudice & without liability. Everything I know concerning the law I learned from this site.

[MadKit]

Steven, I checked both of the posts and still can't find the wording for a POC for PPI. Need this urgently, can anyone help please?

 

:o

[steven4064]

Hi

 

I did a quick search and didn't find anything. However, I'm sure I've seen something about PPI mis-selling. I think you need to PM a mod. I don't know enough about PPI to help.

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

[MadKit]

Thanks Steven, am still struggling with this and have now received a letter from Glovers Solicitors and a couple of threatening voice messages. I'm also trying to start my own thread Me v American Express but not having any luck finding where to do this.

 

[steven4064]

For American Express go on to the "other institutions" thread. At the bottom is a button "new thread" Click that and away you go

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

[MadKit]

I did try that but there is a note on the Other Institutions saying No New Posts! However, I think I've done it somehow ?? And thank you yet again for replying to me!