MadKit v American Express (Charges & PPI)

[MadKit]

I decided to update this with all the sorry tale of woe and dodgy issues!

 

I had a hearing in October and had asked for the Final Charging Order to be set aside. This application was completely out of the blue for me as I never received any documentation, notification or details of an interim charging order. I filled out my N244 with help from this site asking for the Final Charging Order to be set aside for the following reason, the debt had been sold to Cap Quest who were now chasing very aggressively.

 

I brought all my documentation with me to prove that I had been out of the country when the first court judgement was made (over the Christmas period!). I also mentioned that I had proof that I had responded to the judgment and asked for a set aside. I had previously sent all the docs to prove that the debt had been sold on and Amex had no right to apply for a final charging order especially as no interim charging order had been set in place.

 

The judge, condescending and downright rude, said that the hearing was for a set aside of the charging order which had already been thrown out (no-one told me), he was not interested in discussing the original judgment and the girl who was there representing Amex tried to say that she had a letter proving the debt had been returned. The only good thing the judge did was say a letter was no proof and that the final charging order could not be applied for that day. When I said I had no knowledge of an interim order and this was supposedly granted when the debt had been sold, he was not interested. He said, very kindly (?), that there would be no costs for the hearing that I would have to pay. I was so angry! They had sold the debt on, they had tried to say that I had consented to a final charging order - liars! - and now I'm left with another hearing where I understand Amex/Brachers will try and get costs.

 

The long and short of this now is that Amex (Brachers) have just supplied me with all the interim charging order docs and that I have a hearing on 14 December for the final charging order. Judge has allocated 5 minutes!

 

I want to fight this! This all came about because I went after them for PPI, this amount plus interest is more than the amout owing. They have played dirty and nasty and I now have to submit whatever documents I can by the end of tomorrow.

 

I just don't know where to start.

 

Any help would be appreciated.

 

MadKit

[Undercover-Elsa]

Hello Madkit,

So sorry to see how they've treated you. It must be a nightmare. You've received great advice so far. Hopefully Steven or one of the other legal experts will be back in to advise, but many seem quite busy elsewhere at the moment.

If you don't get a response within a reasonable time, hit the red triangle.

Sequenci has done some excellent work here on charging orders too, you could try to PM him if you get stuck.

Meanwhile this will bump it up for you for the morning shift.

All the very best,

Elsa x

Edited November 30, 2009 by Undercover-Elsa

[MadKit]

It would take me a day or more to document my fight and loss against Amex and the Final Charging Order result. However, just as I thought things could not get any worse, I received a very threatening card through the door yesterday. It appears the local court bailiff popped around to remove my goods for the same amount of the Final Charging Order and in Amex's name. Seems they want the money twice!

 

On phoning the helpdesk (because now you can't phone the local court), they said the onus is on me to tell the court that they should tell Amex that they should not have done this! She also said that it isn't up to the court to check that Amex have done something wrong (even though they have the court case number and all the details of the Final Charging Order) it is my responsibility. So hold on, you have all the information but it's still my fault? How does that work?

 

I want to go after Amex for the stress and pain they have caused me not only in this instance, they owe me the same amount as the Final Charging Order in PPI payments which they refused to pay back. My first action will be to write to the local court and inform them that Amex have no right to go after the money again but I would love to not only get the Final Charging Order removed (by redirecting the PPI refund) and sue them for the complete shambles they've made of my "financial" life but I would also like to just for once get the better of this awful company!!

 

Any advice?

 

MadKit

[billyray]

Wow that is a scary story. I feel sorry for you.

 

Can you give a brief summary of your story. eg. Owed this, Amex did this, over this many years, the result is this etc.

[MadKit]

From what I have been reading, Amex cannot go after a debt that is a Final Charging Order. Can you confirm this please? I need to send a letter to the court today and tell them this and I need to know what wording to use.

Thanks!

MadKit

[MadKit]

Is this acceptable?

 

As per my conversation with the Court helpline and their advice, I am sending you this letter to confirm that the above reference refers to a debt that is a Final Charging Order, details below and this should not be a warrant for another CCJ or follow up on this debt as no payment arrangements were made or enforced as part of the Final Charging Order so the warrant should not have been issued and I respectfully ask that you inform the Claimant.

 

Help! I need to fax this today.

 

MadKit

[citizenB]

Did you contact the court in respect of this ?

[MadKit]

I am going to fax this and send it this morning so if there are any comments or changes, could I have them quick please?

 

MadKit

[MadKit]

Thought I would update this, Amex were successful in their charging order and even tried to chase up the debt with bailiffs after this as well. However, all has gone quiet which doesn't mean they aren't working in the background to come up with some more dodgy tactics. I'm waiting to win the lottery so I can take them to court and the cleaners!

 

MadKit