MadKit v American Express (Charges & PPI)

[shakespeare62]

I was away when this court case was decided. Before the date, Amex sold the debt on

 

Do you have any evidence of this ? e.g. letter, notice of assignment..

Edited September 23, 2009 by shakespeare62

[shakespeare62]

I need to respond to the Notice of Issue of Warrant of Execution (received 22 September) very quickly (before 26th September), I was wondering what I should send to the court before the latter date. I really don't want the bailiffs on my doorstep on Monday!

 

I pressed the red triangle requesting the site team to look in. Hopefully some more experienced members will be able to advise.

[shakespeare62]

The judge did make them pay back my charges and agreed that a claim for PPI could be re-instated as a separate claim.

 

Did you attend Court ? Did you submit a defence ? I'm just trying to put pieces in the jigsaw...

[shakespeare62]

I believe you would need to make an application to the Court to set aside the judgment. But you've got to have good reason, and to be able to show it. This is why I'm asking questions.

[shakespeare62]

An example N244 application form is on the link below as well as the PDF for filling out. However, your reasons would obviously need to be different.

 

Removal of CCJ's - Sample Form N244 - Notice of Application

 

Also

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/211496-judgement-notice.html#post2319626

 

Note: If the above link doesn't work from here, try to copy and paste it into a browser window.

Edited September 23, 2009 by shakespeare62

[steven4064]

I think shakespeare is right - you need to apply for a set aside asap (tomorrow). You will need to make an application on a N244 - the order you will be asking for is an order to set aside the judgement and the reason is that Amex had no right to make the claim because they had sold the debt to Bracers - attach the Notice of Assignement as proof.

[shakespeare62]

There's a good fall back position you have - u can apply to the Court (free of charge to redetermine monthly installments to a rate you can afford - see link below

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/126912-court-summons-brachers-solictors-7.html#post1923515

 

I would be inclined to submit the above redetermination letter as well as your set aside application - that way you've got both angles covered. I'd mark it urgent, and get a receipt from the Court Office for it.

Edited September 23, 2009 by shakespeare62

[shakespeare62]

When you've filed the above at the Court office (the Court may take several days to place the docs before a District Judge,

 

Check out the following links on Bailiffs.

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/107376-what-bailiffs-can-cant.html#post2355192

 

You'll get good advice on dealing with Bailiffs on the forum below :-

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/

Edited September 23, 2009 by shakespeare62

[shakespeare62]

There is a good wiki on warrant of execution here -

Warrant of execution - Wikipedia, the free encyclopedia

 

Here's a snippet from the link above :

Residential Property

 

If the property is occupied then the bailiff may only enter with the permission of someone inside.

If nobody is present, the bailiff can enter if through an open window, unlocked door, or other unsecured entrance.

If the bailiff has previously been admitted and is returning to collect payment or goods to be sold, then they have a right of entry to residential property even if the occupants refuse to let them in.

 

Basically they can't come in unless you let them in. They cannot take any property which does not belong to you.

[shakespeare62]

Stay positive, there may be other aspects wrong with the Amex claim, including defective default notices etc. If there's anything you are not sure about the N244 Application, ask on here, or phone the Court.

[MadKit]

Thank you everyone for your comments and support. I have detailed a timeline below and will fill out the N244 today. (Note - After 2 changes of solicitors, Brachers are now Amex solicitors even though I was not informed of this for some time, see below)

 

24 November - letter from Brachers - "you owe our Client £3869.81"

 

2 December - letter from Brachers - will issue legal proceedings even though I had been paying cheques to previous solicitors MdR and to Brachers

 

7 January 2009 - Judgment for Claimant (in default) - £3931.73 + £187

 

13 January 2009 - My acknowledgment of service and defence returned because of judgment being entered even though I had no idea a date had been set and I sent through the forms on 4 January so that was ample time.

 

24 February 2009 - received Notice of change of Solicitor from Brachers - they had been sending letters etc for months before this arrived

 

3 March 2009 - the two old claims I had for charges etc were "transferred to the Brighton County Court" - no idea why, they had been settled and the detail inside said "Upon reading the letter from the defendant's solicitors" and quoting the "new" claim for consolidation with case number XXXX which is to be the lead matter.

 

8 April 2009 - B132 Notice to a registered proprietor of an application to enter an agreed notice - Brachers on behalf of Amex for "equitable charge created by an interim charging order of the Brighton County Court dated

 

31 March 2009 in favour of American Express" - I received no notification of any court date

 

4 June 2009 - letter from Amex saying "American Express assigned your account to CapQuest on 29 May 2009 etc" and "CapQuest will start reporting against your credit file within 30 days of you receiving this letter"

 

4 June 2009 - letter from CapQuest (amount £3869.81) - "As agents for the purchasers of your debt we have been authorised to use the legal process to its full extent" etc

 

15 June 2009 - Final charging order - again no idea that this was taking place, no notification of court date. "heard neither party and the court orders that - 1. The charge created by order made on 31 March 2009 shall continue. 2. The interest of the defendant in the aset described below stand charged with payment of the sum the amount owing ...... of £6618.73 under judgment on 7 January 2009 plus £208.00..... 3. Costs to be added to the judgment debt"

 

25 June 2009 - Brachers - "please find enclosed copy of Final Charging Order which our client has obtained against your interest in the above property"

 

30 June 2009 - Brachers - "to enable our client to give matters further consideration, please complete and return the enclosed Financial Personal statement...."

 

2 July 2009 - CapQuest - "As you will now be aware your account is being processed for legal action" - amount £3869.81

 

23 July 2009 - Brachers - "our client is willing to accept £5603.87 in full and final settlement..."

 

27 July 2009 - CapQuest - "... we will seek an order of the court directing you to pay any monies owed" - amount £3908.51

 

22 September 2009 - Notice of Issue of Warrant of Execution - Claimant - American Express - "Unless you pay the amount due (£6928.90 before 26 September 2009 the bailiff will call...."

 

So there you go, that is everything and I really don't understand the figures at all. How can Amex have sold this debt on and also applied for final charging order and now issuing a warrant? And how can CapQuest also be harrassing me to pay the original amount as well?

 

Can you let me know what I need to put on the N244 please?

 

Very MadKit

 

[MadKit]

Can someone answer please? I need an urgent response please as I have to submit an N244 form before the end of tomorrow.

 

MadKit

[steven4064]

I assume you know what to put in the box at the top right and sections 1 and 2.

 

In section 3 put something like:

 

"I respectfully request the court to make an order setting aside the court's judgement in the case between claimant and defendant (case number xxxxxxx) since the claimant had no right of action in the case at the date of the trial."

 

Section 4 - No

 

Section 5 - without a hearing

 

Section 6 - 1 hour / No

 

Section 7 - N/A

 

Section 8 - name of judge in orginal hearing

 

Section 9 - Defendant

 

Section 10 - The evidence set out in the box below

 

Put something in the box along the lines of:

 

"1. The claimant filed the claim in the case between claimant and defendant (case number xxxxxxx) on date and the case was heard on date before title and name of judge, who found for the claimant.

 

2. However, the agreement on which the case was based had been assigned to Capquest Ltd on date (see Notice of Assignment, attached as exhibit 1)

 

3. Thus, at the tial date, the claimant had ceased to have right of action since the claimant no longer owned the alleged debt.

 

4. I respectfully request the court to make an order setting aside the court's judgement in this case."

 

Section 11 - obvious

Edited September 24, 2009 by steven4064

[MadKit]

Thank you Steven, will be done immediately!

 

MadKit

[steven4064]

I've made a couple of changes

 

It might be a good idea to add a comment at the end of section 10 or in a covering letter pointing out about the warrant of execution

[MadKit]

Steven

 

Using your wording, this is what I have put:

 

1. The claimant filed the claim in the case between claimant and defendant (case number XXX) and the case was heard on 15 June 2009 before Deputy District Judge XXX, who found for the Claimant.

2. However, the agreement on which the case was based had been assigned to Capquest Ltd on 28 May 2009 (see Notice of Assignments, attached as exhibit 1 and 2)

3. Thus, at the trial date, the claimant had ceased to have right of action since the claimant no longer owned the alleged debt.

4. I have attached the Notice of Issue of Warrant of Execution as issued on 22 September 2009 (attached as exhibit 3)

5. I respectfully request the court to make an order setting aside the court's judgement in this case.

 

Is this correct? Should I mention that this is a Final Charging Order that they are trying to have paid out? I thought that if these were granted, no more action could be taken. Also, this was issued by Bedford County Court but original court is Brighton, which court should go in box for Court name?

 

MadKit

Edited September 24, 2009 by MadKit

[steven4064]

Yes, put that in too although I think that and what you hav eput under 4. should perhaps be put at the end, after "I respectfully reuqest..."

 

Leave a space and put "the court's attention is drawn to the Notice of Issue of Warrent..... and to the Final Charging Order issued on ...." or something like that

[MadKit]

Steven

 

How is this then?

 

1. The claimant filed the claim in the case between claimant and defendant (case number xxxx) and the case was heard on 15 June 2009 before Deputy District Judge xxxx, who found for the Claimant (see attached as exhibit 1).

 

2. However, the agreement on which the case was based had been assigned to Capquest Ltd on 28 May 2009 (see Notice of Assignments, attached as exhibit 2 and 3)

 

3. Thus, at the trial date, the claimant had ceased to have right of action since the claimant no longer owned the alleged debt.

 

4. I respectfully draw the attention of the court to the attached Notice of Issue of Warrant of Execution as issued on 22 September 2009 (attached as exhibit 4).

 

5. I respectfully request the court to make an order setting aside the court's judgement in this case.

 

Also, this was issued by Bedford County Court but original court is Brighton, which court should go in box for Court name?

 

MadKit

 

I'm nearly there!

[Desperate Daniella]

Good Luck with this, Madkit.

 

What a nightmare for you.

 

I would almost bet the DN is faulty - they all are - so you need the set aside and to go back from there I think.

 

DDxx

[MadKit]

Thanks for your message, it is a nightmare especially when it's a Charging Order against my house which they should not have been allowed to do as far as I know as credit card debt is hardly a "secured" loan!

 

MadKit

[Desperate Daniella]

They are very naughty to have gone for that. As you say, it was not a secured loan. The first lot they set on me (before I found CAG) was AIC and they were threatening exactly that. I think Amex probably tell all their DCAs and solicitors to go for that.

 

I'm still going backwards and forwards with it all.

 

It's a very scary few days for you. The Courts can be very slow even when things are as urgent as this. Do keep all the doors and windows shut and I'd even check for lurkers when you are going in and out of your house. You don't want one stepping in behind you.

 

DD

[steven4064]

I think this is the best layout:

 

1. The claimant filed the claim in the case between claimant and defendant (case number xxxx) and the case was heard on 15 June 2009 at Brighthon County Court before Deputy District Judge xxxx, who found for the Claimant (see attached as exhibit 1).

 

2. However, the agreement on which the case was based had been assigned to Capquest Ltd on 28 May 2009 (see Notice of Assignments, attached as exhibit 2 and 3)

 

3. Thus, at the trial date, the claimant had ceased to have right of action since the claimant no longer owned the alleged debt.

 

4. I respectfully request the court to make an order setting aside the court's judgement in this case on this basis.

 

5. I respectfully draw the attention of the court to the attached Notice of Issue of Warrant of Execution as issued on 22 September 2009 at Bedford County Court (attached as exhibit 4).

If you are going to try to get it in today, the court closes at 4:30

[MadKit]

Steven

 

I will have to get someone to take it in tomorrow for me. Any idea how much the fee would be? Also, sorry to ask again but I assume it should be Brighton in the court name? Or is it the issuing (notice) court i.e. Bedford?

 

Thanks again for messages, I really appreciate the support and help here!

 

MadKit

[steven4064]

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex50_web_1009.pdf

[smouk]

Ouch! I can see why you're mad now! We should talk some more when this immediate problem is out of the way. I'm with you in spirit if not in know-how.