AlphaGeeK Vs Amex ***WON***

[fuzzybobble]

Well done. Nice to see Amex get a slap from a CAG member.

They'd better get used to it, as I think there will be more to come.

 

Then a fond farewell to the Rankines rubbish the OC's and DCA's like to quote these days.

Edited April 19, 2009 by saintly_1
advised by pm

[B3rty]

Great result also a very nice write up of the proceedings and should prove encouraging to those who may be about to go through this for the first time..

[citizenB]

Fanbloodytastic!!!

 

You can claim wasted costs though right?

 

My thoughts exactly. Well done Alphageek and excellent reporting:D

[Alphageek]

I wrote to Amex on 6th May:

 

Dear Sirs,

 

I refer to the above County Court claim.

 

Your representation at the hearing should by now have reported back to you. You will be aware of the Judge’s comments that I would have a claim for defamation should you fail to remove the negative markers and default from all third-parties to whom you have reported this data.

 

This is a formal request for you to remove incorrect account status data from third-party data controllers including, but not limited to, Experian, Equifax and Callcredit.

 

Please set out your position within 21 days.

Received a reply from Brachers, the first page was this, dated 22nd May.

 

WITHOUT PREJUDICE SAVE AS TO COSTS

 

Dear Sir

American Express Services Europe Limited and Yourself Card Number: x

 

We write further to our first letter of even date setting out our client's position in respect of the above account.

 

In the spirit of compromise and in an attempt to save any further costs being incurred in this matter our client is prepared to accept the sum of £572.15 in full and final settlement of the above account and our client's future claim in respect of the same, on the basis that such payment is received within fourteen days of the date of this letter.

 

We can confirm that payment can be made by way of cheque or a banker's draft made payable to Brachers and sent to these offices or alternatively you may wish to transfer the funds direct to our bank. We confirm our bank details are as follows:

 

National Westminster Bank pic

Sort code 60-60-08

Brachers LLP Amex Client Account number 46894578

Please ensure you quote reference xxx when making payment by this method.

 

We look forward to hearing from you and hope that this matter can be resolved without recourse to the Court.

 

Should you wish to discuss this matter, please do not hesitate to contact our Miss Grimsey on 01622 690691, extension 2029.

 

Yours faithfully

 

BRACHERS LLP

and then in the same envelope, dated the same date 22nd May was the letter they were referring to in the above letter.

 

Dear Sir

 

American Express Services Europe Limited and Yourself Card Number xxx

 

We acknowledge receipt of your letter dated 6th May 2009 addressed to our client direct.

 

We write to set out our client's position in respect of the balance outstanding under account number x.

 

In respect of your application form signed by you on 7th May 2001, it is now the case that we hold a true copy of the Terms and Conditions relating to such application form, forming the cardmember agreement, and it would appear that you have not previously been provided with a copy of the same during the course of these proceedings. We enclose a copy of the application form again together with a copy of the Terms and Conditions.

 

You will note from the application form that our client dated the same by way of a date stamp on 11th May 2001 but in respect of any claim that the Credit Agreement is improperly executed due to the lack of a signature from our client, we should advise you that bearing in mind our client clearly does ultimately have an enforceable agreement in place under the Consumer Credit Act, we will be instructed to re-sue in respect of the outstanding account and shall make the necessary application to the Court for its permission to do so.

 

In the circumstances our client requires your proposals for repayment in respect of the outstanding balance under the account and we look forward to hearing from you within fourteen days of the date of this letter.

 

Yours faithfully

BRACHERS LLP

This is the App Form and 2 pages of T&C (click the thumbnails and then you can zoom in on Photobucket a little bit as well)

 

 

 

Then I received another 2 letters in the same envelope dated the 24th June.

 

WITHOUT PREJUDICE SAVE AS TO COSTS

 

Dear Sir

 

American Express Services Europe Limited and Yourself Card Number xx

We write further to our previous Without Prejudice Save as to Costs letter of 22nd May 2009 and note that we have not received your response.

 

The time period with regard to our client's offer has now of course expired but our client is generously prepared to extend the same for a period of 7 days from the date of this letter.

 

We can confirm that upon receipt of the sum of £572.15 our client will of course mark your account as settled.

 

We await to hear from you.

 

Yours faithfully

 

BRACHERS LLP

Dear Sir

American Express Services Europe Limited and Yourself Card Number xxxx

We write further to our letter of 22nd May 2009 and write to request that you confirm your intentions in this matter to us by return, in order that further issue of Court proceedings can hopefully be avoided.

 

We await to hear from you.

 

BRACHERS LLP

[smouk]

[Alphageek]

I'd love to see the Judge's face if this comes before him again.

 

I think I should write to them, thanking them for their offer () and ask them to reply to my letter of Thursday, 24 April 2008 asking them if my account had been securitized before I can consider my next move.

[Alphageek]

Talk about grasping at straws

You will note from the application form that our client dated the same by way of a date stamp on 11th May 2001 but in respect of any claim that the Credit Agreement is improperly executed due to the lack of a signature from our client, we should advise you that bearing in mind our client clearly does ultimately have an enforceable agreement in place under the Consumer Credit Act, we will be instructed to re-sue in respect of the outstanding account and shall make the necessary application to the Court for its permission to do so.

 

They have clearly taken leave of their senses.

 

They must be really, really desperate for money to be stooping this low.

[banker_rhymes_with]

Hello Alphageek!

 

They really don't like losing, do they?

 

You'd think it would be something they got used to by now, bearing in mind what a bunch of arrogant losers they are.

 

Those Terms are a two page multi-fold document by the look of things. A stand alone thing.

 

Your Judge's Wig would fly off if they presented that as being the best they can come up with after their first attempt to fit a Football Sized set of Terms to the back of a Golf Ball. Yes, of course they would've been on the back originally. We believe you Arsemex.

 

Plenty to hit back with if they really, really want to have a 2nd crack at this...as you say, Securitisation stands out somewhat, as does their complete inability to draft a compliant Default Notice to date.

 

Plenty of people on standby to give you all the help you need with this.

 

Cheers,

BRW

[Alphageek]

We believe you Arsemex.

 

:D:D:D

 

It would be quite entertaining to see their new POC, but I think I will give them a prod about THE unanswered question first.

[miss muppet]

What a bunch of stupid bankers Alphageek, what a wonderful victory - I was particularly interested to hear the Judge's comments on the default removal as I've got my own battle with MBNA going on - your account of the battle was rivetting!

[Liz Southern]

Hi Alphageek

 

Belated contrats. What's securitization, please? Is this something I can raise with Amex?

 

Regards

Liz

[Alphageek]

Liz, I think BRW summed it up perfectly in this post: http://www.consumeractiongroup.co.uk/forum/mbna/114133-great-mbna-virgin-interest-7.html#post2248585

[Liz Southern]

Many thanks,

 

I will be taking on MBNA and Virgin soon. Very interesting, and a very good explanation. Food for thought, as to how I can use it.

 

Bye for now,

Liz.

[dp77]

Is there any update on this? I thought once you'd won, you'd won for good. Can they really re-sue, issue new proceedings, for the same debt?

[Liz Southern]

Is there any update on this? I thought once you'd won, you'd won for good. Can they really re-sue, issue new proceedings, for the same debt?

Hi there,

 

The answer is, "no, they can't", not unless they have substantive grounds for so doing. In other words, they must show that they have a new ground on which to proceed, backed up with new evidence." (Sorry, swallowed a legal dictionary this year and it keeps blowing out bubbles!) Attempting to produce a copy of a document listed or disclosed in the original case does not classify as new evidence.

 

The district judge of the county court will throw out any case that doesn't have merit and a reasonable chance of success. It could end up in another hearing, but a well-written Defence pointing out that there is no new evidence and that the DJ xxxx on such and such a date made an Order for the Defendant, and respectfully requesting that the case be struck out would probably result in this.

 

(She's back!)

 

She took her own case to court, if you remember peeps, won against Amex, and because Amex didn't pay my costs, I sent the bailiffs in, and they had to pay my costs and the bailiffs' costs. The only thing I regret is that because I was in a hurry I used the court bailiffs, who don't charge excessively. Anyone doing this should use private bailiffs where the fees mount up, so Amex has to pay more.

 

I have also sent Virgin/MBNA packing.

 

I'm now pursuing court cases for people full-time, with barristers, against credit card and loan companies, stopping repossessions, employment tribunals. Having a whale of a time!

 

Oh, my own fight against Birmingham Midshires? They stopped trying to repossess me and have agreed to capitalise the arrears. Took me six months of fighting. I challenged in court that they had the right to repossess (securitisation) and delayed them by four months. The DJ browbeat them into agreeing a tiny amount of arrears per month (£15 per month) to get me out of her court and stop the repeated hearings, and BM caved, as I said, and offered to capitalise the arrears (without telling their solicitors, which was quite amusing at the hearing).

 

Bye for now,

Liz Southern

PS Only problem is, I'm now very well known to the judges. They have started pulling faces when I enter the room. (Oh no, not her again. We'll be all day!)

[dp77]

She took her own case to court, if you remember peeps, won against Amex, and because Amex didn't pay my costs, I sent the bailiffs in, and they had to pay my costs and the bailiffs' costs.

 

Is there a thread on your case against Amex? I'm very keen to read anything on how people have won against them.

[B3rty]

I'm now pursuing court cases for people full-time, with barristers, against credit card and loan companies, stopping repossessions, employment tribunals. Having a whale of a time!

 

Just as a matter of interest what's the average legal cost of a Barrister in these cases?

[foolishgirl]

 

I'm now pursuing court cases for people full-time, with barristers, against credit card and loan companies, stopping repossessions, employment tribunals. Having a whale of a time!

 

Excellent news Liz - we'll see you on Judge Judy next!

PS Only problem is, I'm now very well known to the judges. They have started pulling faces when I enter the room. (Oh no, not her again. We'll be all day!)

:D

 

 

Keep up the good work....FG

[Liz Southern]

Just as a matter of interest what's the average legal cost of a Barrister in these cases?

Whhhhyyyyyy????? Wot u want 2 no 4???

 

Kidding!

 

Depends what the case is, what part of the country you're in, how long the barrister thinks he's (or she) going to be, what level court he'll be appearing in. Could be County Court £500/600 per hour. Might be nothing, as the client might qualify for legal aid - high or low level of legal aid. Two cases might be being heard at the same time, so the barrister might half his fee. I'm not being evasive. It really does depend on circumstances.

 

Regards

Liz

[Liz Southern]

Keep up the good work....FG

 

Helloooo!

[Liz Southern]

Is there a thread on your case against Amex? I'm very keen to read anything on how people have won against them.

 

Hi, there is a thread, the link is below, but if you search for Amex hundreds of threads will come up.

 

http://www.consumeractiongroup.co.uk/forum/amex/193706-amex-newmans-statutory-demand.html?highlight=newmans

 

Happy reading.

 

Regards

Liz:)